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INDONESIA
Jurnal Konstatering
Published by Universitas Islam Sultan Agung
ISSN : 28284836     EISSN : 28284836     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 2, No 3 (2023): July 2023" : 8 Documents clear
The Process of Transferring the Name of a Land Ownership Certificate Based on a Sale and Purchase Agreement in which the Seller Dies and the Heirs Refuse to Sign in Jepara Alsy, Achmad Irfan Chasani
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The basic concept in buying and selling land is clear and cash. If the concept of light and cash cannot be fulfilled, it does not mean that buying and selling transactions cannot be carried out. The notary will make another instrument, namely by making a sale and purchase agreement (PJB). The deed of sale and purchase agreement (PJB) can be made in 2 (two) forms, namely the sale and purchase agreement (PJB) not yet paid off and the sale and purchase agreement (PJB) in full amount. The binding sale and purchase is considered paid off accompanied by the power of attorney to sell. If the PJB has been paid off but the seller has died then the AJB can still be signed which will be handed down to the seller's heirs. This study uses a sociological juridical approach, with analytical descriptive research specifications. Sociological juridical research is researching and studying law to see the workings of law in an empirical society. The primary data collection technique uses observation and interviews, and secondary data uses document studies and literature studies.
Juridical Analysis of Deeds of Peace Made in the Presence of a Notary in Resolving Civil Disputes Outside of Court Zaenudin, Ahmad; Djunaedi, Djunaedi
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

In resolving civil disputes, courts are often seen as the only way to achieve justice. However, in some cases, parties involved in a dispute can reach an amicable agreement outside of court through a mediation or negotiation process. One of the tools used to record this peace agreement is a peace deed made before a Notary. The reality that occurs in dispute resolution carried out by the courts is that it is considered slower and ineffective and is still felt to be detrimental by many parties. There are so many inherent weaknesses that it is considered necessary to have methods or institutions for resolving disputes outside of court even though the case has been tried in court. In this case the research focuses significantly and examines and discusses in order to be able to analyze so that one can find out about the Role and Responsibilities of Notaries in Settlement of Disputes Peacefully. In this case the responsibility of a Notary is not responsible for the contents of the deed made before him, but the Notary is only responsible for the formal form of an authentic deed as stipulated by law. This legal research also aims to determine the role of a notary in settlement with conciliation outside the court, the responsibility of a notary in resolving disputes against a deed of reconciliation made before a notary and to analyze research on the strength of law against a deed of reconciliation made before a notary. This type of research is sociological juridical research with an interview study approach, direct observation of several notaries who are experts in their field, as well as looking at the applicable laws and regulations (statute approach) which discuss the position of notary, and a case approach. The legal materials used in this legal research are primary legal materials with the data collection techniques used are interview studies and direct observation in the field.
Juridical Analysis of Letter C as the basis for rights in obtaining proof of ownership of land rights Dekafela, Karina Via; Darmadi, Nanang Sri
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Letter C quote is proof of tax payments in the colonial period which used the fiscal cadaster system, namely a land registration system oriented towards tax collection. However, after the Indonesian nation became independent, what applied was recht cadaster, namely land registration which prioritizes legal ownership of land rights. This research aims to determine the position of Letter C as a basis for rights in legislation and jurisprudence and to determine the factors that influence the use of Letter C as a basis for rights in obtaining proof of ownership of land rights. The type of research used is normative juridical, the Statute Approach method, using secondary data with data collection methods for primary, secondary and tertiary legal materials, using prescriptive data analysis. Based on the research it was found that: (1) There are differences between the statutory provisions, namely the ATR Ministerial Regulation No.3 of 1997 and the Agrarian Ministerial Regulation No. 2 of 1962 which places Letter C as the basis for rights in obtaining proof of ownership of land rights while the Supreme Court Decision dated 10 February 1960 No.34/K/Sip/1960 views Letter C only as proof of tax payments. (2) Factors hindering the use of Letter C as a basis for rights in obtaining proof of ownership of land rights include: (a) Differences in the accuracy of land measurements (b) The community still considers Letter C as proof of land ownership (c) The community considers land registration require high costs.
Implementation of Four Land Order in the Field of Absentee Ownership of Land Rights Pradana, Yuda Sony Adhi; Darmadi, Nanang Sri
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to find out, explain and discover the obstacles to the implementation of Four Land Order in the field of absentee land ownership. The approach method in this research is a sociological juridical approach. The research specification is the implementation of the Four Land Order in the field of absentee land ownership. The data required includes primary data on the implementation of Four Land Order in the field of absentee land ownership. Data was taken using interviews, observation and literature study methods. The data analysis method uses interactive techniques. Interactive analysis means data is analyzed through three stages, namely reducing data, presenting data and drawing conclusions. Based on the research, it was concluded that the implementation of Four Land Order in the field of absentee land ownership in Kudus Regency is still less than optimal. Many land sales and purchases are carried out under the hands of the Land Administration Order. Ultimately, the goal of land reform to improve the welfare of farmers in particular, and create a just and prosperous society based on Pancasila in general, has not been able to meet the expectations to be achieved. The obstacles that arise in the implementation of the Four Land Order in the field of absentee land ownership can be grouped into 2 (two) groups, namely internal obstacles and external obstacles.
Authority of a Notary in Legalizing the Establishment of a Limited Liability Company After the Job Creation Law Was Passed Saputra, Muhammad Rezki Wira; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The legal basis for Limited Liability Companies in Indonesia has changed with the enactment of Law No. 6 of 2023 concerning Job Creation which replaced Law No. 40 of 2007. Capital partnership businesses and limited liability companies are now two parts of limited liability companies. As a result of these changes, this research aims to examine the authority of notaries in validating the establishment of limited liability companies after the ratification of Law No. 6 of 2023 concerning Job Creation. This research uses a normative juridical approach method through literature study techniques. Based on research findings, the presence of a notary is still needed when a company must change its legal status to a capital partnership company after the Job Creation Law is passed. This situation arises if the number of shareholders exceeds one person and/or the company no longer meets the criteria as a Micro and Small Enterprise. Before an individual company can change its status to a capital partnership company, this status transition must be carried out through a notarial deed and then registered electronically with the Minister.
Responsibilities of Land Deed Drafting Officials (PPAT) for Land Sale and Purchase Deeds that are Canceled with a Sale and Purchase Deed Widyastuti, Tri; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The background for writing this thesis is that the sale and purchase of land is a legal act in the form of surrendering land rights to another party forever (the right to the land is transferred to the party receiving the surrender), this is stated in Article 20 paragraph (2), Article 28 paragraph (3), and Article 35 paragraph (3) of Law Number 5 of 1960 concerning Basic Agrarian Regulations which states that property rights, building use rights can be transferred and transferred. Property rights and building use rights can be transferred by deed made by PPAT. Authority Land Deed Making Officer is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to flat units. Then in the Explanation to Article 45 of Government Regulation number 24 of 1997 concerning Land Registration it is also emphasized that the PPAT Deed is a tool to prove that a legal act has been carried out. The research in writing this thesis is a qualitative research. This research is field research or empirical research with a sociological approach. Characteristics of socio-legal research methods. Socio-legal research is carried out by researching in the field (field research) by interviewing respondents which is primary data and examining library materials which are secondary data and is also called library research. This research aims to analyze or explain the responsibilities of Land Deed Drafting Officials (PPAT) regarding land sale and purchase deeds that are canceled by Sale and Purchase Deeds. The legal action is annulled or annulled, the relevant PPAT deed no longer functions as evidence of the legal action. Therefore, a legal action is canceled by the parties concerned, even though the legal action has been registered at the Land Office, the registration cannot be cancelled. There are two main problems in writing this thesis, namely: What are the legal consequences of the sale and purchase deed made before the Land Deed Making Officer during the registration process at the Agrarian and Spatial Planning/National Land Agency office which is canceled by the sale and purchase deed and the responsibility of the Notary regarding the Sale Deed Purchase that was canceled with a Deed of Sale and Purchase. The results of this thesis research explain how the process of buying and selling land, payments and calculating SSPD BPHTB, is implemented.
The Legal Protection against the Criminalization of Notary Positions and Land Deed Officials (PPAT) Irfan, Irfan; Arifullah, Achmad
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

It cannot be hidden, the position of the perpetrators of the position of notary public and land deed official (PPAT) is very vulnerable to becoming a “target for shooting” by law enforcement officials. The term that is currently viral is "Criminalization" by unscrupulous officials with various motives. Meanwhile, in work, notaries are always reminded to be professional and comply with the applicable laws and regulations that regulate standard work procedures. This is regulated, mainly in the Notary Office Law, and other regulations, including the Regulations for the position of a land deed official (PPAT). Apart from that, there is also a code of ethics. With regard to the explanation above, the purpose of this study is 1) to find out the form of legal protection against the criminalization of notary/PPAT positions in the city of Semarang, 2) to find out and analyze how to recover the rights and conditions of a notary who is caught in criminalization in carrying out his position in the city of Semarang. The approach method in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Data types use primary data and secondary data. Data collection using interview and literature study methods. The data analysis method used is qualitative analysis. The results of the study concluded that: 1) by applying the precautionary principle before making a deed, in order to examine all facts related to making a deed with considerations based on statutory regulations. 2) Rehabilitation is a form of eliminating all losses that have been caused by cases that have befallen a notary and is a form of restoring the rights of a notary by clearing the good name, position, dignity and dignity as a public official. If it is related to the case example in Decision Number: 650/Pid.B/2015/PN Dps, the form of compensation can be submitted in pretrial because the indictment does not fulfill the elements of crime of violating a criminal act and the indictment used is a criminal act that is not in accordance with the elements contained in a criminal act but rather a civil act so that this has shown that there has been an error in the application of law.
The Effectiveness of Complete Systematic Land Registration (PTSL) in Preventing Land Disputes Augustine, Vieztanio Fynanda
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The effectiveness of implementing Complete Systematic Land Registration (PTSL) in preventing land disputes. 2) Obstacles and solutions in the implementation of PTSL. The approach method used in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results concluded: 1). The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in preventing land disputes has been effective, although there are several obstacles in it. The effective implementation of the Complete Systematic Land Registration (PTSL) Program can be seen from the objectives to be achieved through the Complete Systematic Land Registration (PTSL) program. 2) Technical obstacles in implementing PTSL are the unavailability of parties from the relevant sub-districts, and in the field of measuring and mapping land plots which have not been thoroughly implemented. The solution is to carry out comprehensive measurements and mapping of land plots in the village/sub-district areas that have been designated as activity locations, both for registered land plots, improving the quality of registered land plots that have not been mapped, and unregistered land plots that carried out in a complete systematic manner grouped in one complete village/sub-district area.

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