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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 4 (2023): October 2023" : 8 Documents clear
Legal Consequences of Nominee Made Before a Notary Based on Legal Certainty in the Perspective of the Conditions for the Validity of the Agreement Husen, Arie Arisandy; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Currently, many people use the nominee (borrow name) agreement. Some of the reasons include those who have been blacklisted from the bank because of the inability to pay their installments, there are those whose BI Checking has entered collect 5 but wants to make loans to banks such as mortgages or car loans. In practice, there are notaries who dare to make nominee agreements to help clients who have problems in banking or foreigners who want to own land in Indonesia. Even though the UUPM and UUPA are prohibited from using the borrowed name. The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions. Keywords: Agreement; Consequences; Nominee; Validity.
Juridical Review of the Position of Deeds Made by Land Deed Officials Perpetrating the Crime of Money Embezzlement Payment of Land and Building Tax Imam, Chairul
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Land Deed Making Official (PPAT) is a public official who is given the authority to make authentic deeds regarding certain legal acts regarding Land Rights or Ownership Rights over Flat Units. However, it often happens that PPAT does things outside its authority, one of which is as the party that receives custody of PBB payments. This research aims to determine the juridical implications and responsibilities of PPAT in terms of receiving custody of Land and Building Tax (PBB) payments, then link it with appropriate theories in order to draw conclusions. The method used in the research, namely the approach method in this writing, is normative juridical, the specification of this research is analytical descriptive research. The data source uses secondary data. Data collection techniques use library research or document study. The data analysis technique uses a qualitative descriptive approach. In terms of paying PBB fees, it is basically paid by PPAT clients, but in practice it is often found that PPAT is trusted by many clients to pay their clients' PBB. In this regard, the statutory regulations do not regulate the authority of a PPAT who makes land deeds to pay land sale and purchase taxes from their clients, but if the clients give authority to the PPAT concerned to represent them to pay land sale and purchase taxes in the form of PBB to the state treasury, then the PPAT concerned basically does not have the authority to carry out such payments. This resulted in evasion of PBB tax payments to PPAT. For PPAT who commits this abuse of power, then as a result of these actions PPAT must be able to carry out accountability and be subject to appropriate criminal sanctions by the panel of judges, namely Article 372 and/or 374 of the Criminal Code and/or Articles 4,5,6 of the Republic of Indonesia Law No.8 of 2010 concerning the Crime of Money Laundering and Article 55 paragraph 1 of the Criminal Code. Keywords: Accountability; Authority; Tax.
Implementation of Credit Restructuring as a Step for Bank Financial Rescue Sulistianto, Bayu; Darmadi, Nanang Sri; Hasana, Dahniarti
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
Juridical Implications for Notaries Who Are Declared Bankrupt in the Concept of Legal Certainty Nainggolan, Nazarudin
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to determine and analyze the juridical implications of notaries who are declared bankrupt in the concept of legal certainty and the legal position of deeds that have been made by notaries and declared bankrupt. The research approach method used in this thesis is qualitative analysis with a normative juridical approach with legislation as the basic basis for research and analysis based on library study materials as well as literature and other scientific works. The type of data used in this research is primary legal material which includes: the Constitution of the Republic of Indonesia of 1945, Law No. 2 of 2014 Amendments to Law No. 30 of 2004 concerning the Position of Notaries, the Civil Code and Secondary Legal Material which includes: Scientific works, legal journals, research results and tertiary legal materials including: legal dictionaries, encyclopedias, print and electronic media. The data analysis method used in analyzing the data is qualitative analysis. The results of the research show that as a result of the law a notary being declared bankrupt will lose all rights under his authority and will not have the obligation to carry out services for making authentic deeds, agreements and other legal acts and deeds that have been made by the Notary, still have permanent legal force and cannot be degraded into a deed that hand because there was no error in making the deed. Keywords: Bankruptcy; Certainty; Notary.
Juridical Implications for Notaries who are appointed as House of Representatives in the Conception of Legal Certainty Nabila, Poppy Sarah Hasna
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

All elements of society certainly have the same obligations and rights, in the eyes of state law. In essence, those who will represent certain elements of society must be bound by the provisions of the laws in force in Indonesia. The People in the Conception of Legal Certainty”. The research method used is a qualitative approach, namely a way or research method that emphasizes analysis or descriptive. In a qualitative research process things that are subject perspectives are emphasized more and theoretical foundations are used by researchers as guides, so that the research process is in accordance with the facts encountered in the field when conducting research, in the form of interviews with Notaries to find relationships (correlations) between various symptoms or variables as a data collection tool consisting of document studies, observations (observations), and interviews (interviews). Based on the research results, there are the results of the judge's legal considerations in determining civil cases concerning Juridical Implications for Notaries who are appointed to the People's Legislative Assembly in the Conception of Legal Certainty. become a member of the People's Legislative Assembly, based on Article 17 letter d UUJN regarding the prohibition of concurrent positions as state officials. Then the notary is obliged to apply for leave, and appoint a substitute notary (Article 11 paragraph (1-3) UUJN). Which reads: (1) Notaries who are appointed as state officials are required to take leave. (2) Leave as referred to in paragraph (1) applies as long as the Notary holds office as a state official. (3) Further provisions regarding Notary leave as referred to in paragraph ( 1) regulated by Ministerial Regulation. and the Responsibilities of a Notary Who Is Appointed to be a Member of the People's Legislative Assembly for Deeds That Have Been Issued When They Cause a Loss of Other Parties, namely the Notary who makes the deed is responsible for the deed he made, even though the notary who made the deed is on leave while he is a member of the People's Representative Council and has appointed a notary substitute as recipient of the notary protocol. The legal basis is Article 65 UUJN. Keywords: Certainty; Notary; Representatives.
The Role of Notaries in Making Limited Liability Company Legal Entity Deeds through the General Legal Administration System Sumari, Sumari; Ma'ruf, Umar
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Registration of limited liability company legal entity deeded from a manual system to an electronic system or online is expected so that the registration or validation can run more efficiently and more effectively. Similar to the previous provisions, until now the process of making a request for registration into the General Law Administration System still requires the role of a notary. The purpose of this paper is to analyze: 1) The role of the notary in drawing up limited liability company legal entity deeds through the general legal administration system in Blora Regency. 2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the general legal administration system in Blora Regency. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analysis research. Types of data using primary data and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The research problems were analyzed using the theory of legal certainty and the theory of legal effectiveness with the results of the research concluding: 1) The role of the notary in making legal entity deeds of limited liability companies through the General Legal Administration system in Blora Regency, namely making deeds and making applications electronically through the general law administration system, because a notary deed that functions as an authentic deed must provide certainty and legal protection for the community and function as the most perfect means of evidence.2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the General Legal Administration System in Blora Regency is the registration of limited liability company deeds through the General Legal Administration System by a notary directly which strongly supports a faster and more effective registration completion process. Keywords: Administration; Company; Entity; System.
Roles and Responsibilities of Notaries in Distributing Inheritance through Making Inheritance Statements for Chinese Groups in the City of Semarang Pradana, M.Iqbal Aditya
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The inheritance statement made by a notary for the Chinese group is very useful in legal activities, especially in managing the heir's inheritance. This writing aims to find out and analyze the role and responsibilities of notaries in distributing inheritance through making inheritance statements for Chinese groups in Semarang City and what are the obstacles and solutions to the role and responsibilities of Notaries in distributing inheritance through making inheritance statements for Chinese groups in Semarang City. The approach method used in this research is a sociological juridical approach, meaning research carried out on the real conditions of society or the community environment with the aim and purpose of finding facts which then lead to identification and ultimately lead to problem solving. The analytical tools in this writing use the theory of justice, the theory of responsibility and the theory of legal certainty. The results of this research show that the role of a notary in distributing inheritance through making inheritance statements for the Chinese group in the city of Semarang is as a medium for the birth of an authentic deed, including a certificate of inheritance for the Chinese group in the city of Semarang. Notaries are not required to carry out their official duties to investigate the truth of the identity, the truth of the material contents of the deed, and the authentic deed will be proof that an event or relationship has occurred between the parties and the notary's responsibility for the distribution of inheritance through making inheritance statements for Chinese groups in the city of Semarang is limited to at the beginning of the Deed/head of the Deed and the end/closing of the deed, and full responsibility for its contents and the Notary's Obstacles in Distribution of Inheritance through making Inheritance Certificates for Chinese Groups in the City of Semarang, including: 1) The Notary does not master and understand the provisions related to heir certificates, 2) The Notary has difficulty ascertaining whether the witnesses presented are appropriate. or not, 3) There is no unification regarding the implementation arrangements for making Certificates of Inheritance Rights and 4) There are witnesses or heirs who are not honest in giving information. In connection with the obstacles that occur regarding the preparation of certificates of inheritance rights for Chinese groups by Notaries, there are several ways to overcome these obstacles. Keywords: Heir; Notary; Role.
PPAT Responsibilities for Custody of BPHTB Payments in Karanganyar Regency Aritasari, Nanik
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Payment of BPHTB tax (Land and Building Rights Acquisition Fee) in Karanganyar is very open with the assistance of the PPAT (Land Deed Official) who is the recipient of the custody of BPHTB tax payments. The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering. Keywords: Accountability; BPHTB; Legal; PPAT.

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