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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 30 Documents
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Search results for , issue "Vol 3, No 1 (2024): January 2024" : 30 Documents clear
Principles of Recognizing Service Users for PPAT According to ATR/KBPN Ministerial Regulation Number 21 of 2022 Ahsani, Muhammad Farhan
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

In addition to the duties and authorities in the PPAT, there are also additional obligations that need to be known, one of which is the obligation to apply the Principle of Recognizing Service Users as a form of Prevention and Eradication of Money Laundering Crimes. In order to implement the principle of recognizing service users, PPAT is required to report all forms of financial transactions that are considered suspicious transactions carried out by service users to the Financial Transaction Reporting and Analysis Center. The writing of this journal uses normative legal research methods that refer to library materials as research materials using a statutory approach. Laws and regulations related to the theme of this journal as primary legal materials are PPAT Position Regulations, ATR/KBPN Ministerial Regulations No. 21 of 2022 and PP No. 43 of 2015, secondary legal materials in the form of research results, journals and theories related to discussions in this journal journals and tertiary legal materials in the form of electronic media and legal dictionaries. ATR/KBPN Ministerial Regulation Number 21 of 2022 requires PPAT to exercise additional authority, namely by implementing the principle of recognizing service users other than those specified by the PPAT Position Regulation. PPAT is mandatory to apply the principle of recognizing service users, because PPAT is one of the professions that must report based on Article 3 of PP No. 43 of 2015 for the Prevention and Eradication of Money Laundering. Based on the discussion, a conclusion was produced stating that the application of the principle of recognizing service users is not related to the authority of PPAT in making an authentic deed but binds the authority of PPAT obtained by attribution. This is because in the application of the principle of recognizing PPAT service users, they are asked to explore information in the form of service user identity and the acquisition of sources of funds which will later be reported to PPATK. 
The Role of Notaries in Agreements Made by Individual Companies with Other Parties Mulia, Fina Adinda; Hafidz, Jawade
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Agreements made between individual companies and other parties require the role of a notary so that the parties are protected from legal problems in the future. This study aims to determine the role of a notary in agreements made by individual companies with other parties and to determine the obstacles faced by notaries in agreements made by individual companies with other parties. The research approach method used in this thesis is an empirical legal research method, The specifications of this research are descriptive analytical, The type of data used in this study uses primary data which includes: the 1945 Constitution, the Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 11 of 2020 concerning Job Creation, Government Regulation No. 8 of 2021 concerning the Authorized Capital of Companies and Registration of the Establishment, Amendments, and Dissolution of Companies That Meet the Criteria for Micro and Small Businesses. As well as secondary data containing books and other supporting documents. Collection of research data using interview techniques, observation and literature studies. The data analysis method uses qualitative data analysis techniques. The results of the study show that: First, in an agreement between a sole proprietorship and another party, the role of a notary cannot be ignored. A notary has roles such as: Providing legal advice and considerations, Ensuring that the agreement document is correct and complete, Formulating the will of the parties, Issuing a copy of the agreement deed to all parties involved, Safely storing the authentic agreement deed that has been made. Second, the constraints of a notary in an agreement made by a sole proprietorship with another party: Lack of understanding of the parties about the law, Incomplete documents, Lack of information from the parties, Disagreement of the parties.Keywords: Agreement; Notary; Proprietorship; Sole.
Juridical Study of Legal Certainty in Determining Land Prices in the Implementation of Land Sale and Purchase Agreements According to the Land Sale and Purchase Deed and Determination of the Batam City Regional Revenue Agency Kurniawan, Deni
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Determining the price of land for tax administration purposes and issuing land ownership certificates experiences a difference between the price agreed upon by the parties and stated in the Deed of Sale and Purchase and the price determined by the Regional Revenue Agency in Batam City. The approach method used in this qualitative legal research is the sociological juridical approach, namely an approach that seeks information through direct interviews with informants empirically first and then continues by conducting secondary data research contained in literature studies through theoretical steps. The implementation of land price determination based on the land sale and purchase agreement deed in Batam is currently experiencing a difference between the price agreed upon by the parties carrying out the land sale and purchase as then outlined in the AJB and the price determined by BAPENDA in Batam City.
Responsibilities of Notaries Receiving Protocols from Notaries Who Die in Kendal Regency Rijal, Al
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notary Protocol is a collection of documents that are State archives that must be stored and maintained by a Notary in accordance with the provisions of laws and regulations. As an important document belonging to the State that functions as evidence, the Notary Protocol should be properly maintained. The storage of the Notary Protocol by the Notary holding the protocol is an effort to maintain the legal age of the Notary deed as perfect evidence for the parties or their heirs regarding everything contained in the deed.t. The position of the Protocol Recipient only includes those who have resigned, retired or died. Based on the results of this study, the responsibility of the Notary who receives the protocol from a Notary who has died in Kendal Regency. The Notary who receives the protocol in Kendal Regency is only responsible for storing and maintaining the Protocol he receives and for providing information related to the protocol in his possession, because this is one of the responsibilities of the recipient of the notary protocol, however, the notary who receives the protocol will still be called to ask for information if there is a problem.Keywords: Protocol; Responsibility; Notary.
Rechtvacuum in protection for notaries in carrying out their duties in Batam City Sumarno, Sumarno
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries have an important function as public officials, this is because notaries are needed to make authentic deeds for the purposes of proving the recognition of civil ownership rights to an object. The important position of Notaries is not in line with the existence of clear legal protection for Notaries in carrying out their duties and responsibilities as public officials. The type of research in this thesis is sociological or empirical legal research which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Based on existing studies, it can be concluded that the implementation of protection for Notaries when carrying out their duties in Batam City has not yet been realized because there is no clear mechanism regarding protection for Notaries when carrying out their duties and responsibilities.
Validity of an Authentic Deed Signed Without Being Read and Outside Notary Office Hours Darmawan, Yoga
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is intended to find out and analyze the signing of authentic deeds which were done briefly with/or not reading the deed outside the Notary's office hours and also to find out and analyze the validity of deeds whose signing was done briefly with/or not reading the deed outside of hours notary office. This research uses a normative juridical approach, namely solving facts that constitute legal problems. Research that discusses problems is based on statutory regulations or literature related to these problems. The approach used in this research is a statutory approach and a conceptual approach. This research uses 2 (two) theories, namely the theory of authority and the theory of legal certainty. Problems occur when the Notary is negligent or underestimates the signing process which without realizing it can have legal impacts on the Notary and/or the parties binding themselves in the Deed. Notaries are given the authority by attribution to make authentic deeds and read the deed before it is signed by the presenters. The main purpose of reading the deed is to make corrections and clarifications to the deed made to provide legal certainty to the parties.Keywords: Deed; Notary; Signing; Working.
Legal Efforts to Settle the Problem of Transfer of Home Ownership Credit Under Hand Between the Debtor and a Third Party (Case Study Decision Number 61/Pdt.P/2022/PN.Kdi) Fitrawati, Fitrawati
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to find out, study and analyze the process of private transfer of home ownership credit between the debtor and a third party; to find out, study and analyze the legal consequences of the private transfer of home ownership credit between the debtor and a third party; and to find out, study and analyze legal efforts to resolve the issue of private transfer of home ownership credit between the debtor and a third party. This research method uses a type of normative legal research, with a statutory approach, conceptual approach and case approach. The type and source of data is secondary data, with data sources in the form of primary legal materials, secondary legal materials and tertiary legal materials which are carried out using data collection methods in the form of library studies, documentary studies and interviews. The data obtained is presented in the form of descriptions arranged systematically, logically and rationally, then the data is analyzed using qualitative descriptive analysis methods. The results of this research show that the transfer of home ownership credit under the hands of the debtor and a third party or without the knowledge and approval of the creditor or the bank providing the mortgage, the process does not take long, there is enough agreement between the debtor and the third party, but this action is not justified by the creditor. or is considered an act of default. Resulting in debtors and third parties compensating for losses incurred in the form of money or compensation for losses in the original condition. The legal effort to resolve the KPR transfer problem privately between the debtor and a third party is by taking legal action by filing a lawsuit or decision with the district court. So that the private transfer of home ownership credit between the debtor and a third party which is carried out by means of sale and purchase is declared valid and has permanent legal force regarding the validity of the private sale and purchase.
Responsibility of Land Deed Making Officials (PPAT) for Making Deeds of Sale and Purchase of Joint Property Objects Transferred Without the Consent of the Wife Ayu, Sheila Hanifa Rosi
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The legal consequences of making a deed of sale and purchase of joint property objects transferred without the wife's consent. 2) The responsibility of the land deed making official (PPAT) for making a deed of sale and purchase of joint property objects transferred without the wife's consent. The approach method used in this study is the case study approach and the statutory approach. This type of research is qualitative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The legal consequences of making a deed of sale and purchase of joint property objects transferred without the wife's consent are invalid or null and void, because the making of the deed of sale and purchase before the PPAT is not based on honest intentions. This also results in the PPAT being involved in an unlawful act. A deed of sale and purchase that is declared to have no binding legal force results in the deed becoming an underground deed, and the sale of the land becomes invalid or null and void. This causes losses to the parties, especially in this case the Buyer. With the cancellation of the sale and purchase transaction, the sale and purchase transaction is considered to have never occurred so that the status of the land should return to its original state. 2) The responsibility of the land deed making official (PPAT) for making a deed of sale and purchase of joint property objects transferred without the wife's consent is an absolute responsibility caused by the PPAT being less careful and cautious in making the deed of sale and purchase. As in Article 1366 of the Civil Code, everyone is responsible not only for losses caused by their actions, but also for losses caused by their negligence or lack of caution. By stating that the deed of sale and purchase is contrary to the law, it will cause losses for the buyer, so that the PPAT must also be responsible for the material losses suffered by the parties.Keywords: Deed; Joint; Property; Purchase.
Analysis of the Position of Wills as an Effort to Anticipate Disputes over the Distribution of Inheritance Assets Aziz, Agus Hiftirul
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The death of someone who left a will often creates disputes between heirs because the contents state that they will give their property to one person in excess of the share that the other heirs should receive, giving rise to jealousy and feelings of injustice. In order to provide justice and legal certainty for heirs regarding their shares, the state has regulated this in a legal regulation called inheritance law. Inheritance law explains the maximum limit for giving assets in a will and the portions that each heir will and must receive. This research aims to find out and analyze the position of testamentary deeds in anticipating disputes over the distribution of inheritance and the role of the Inheritance Agency in implementing testamentary deeds and issuing certificates of inheritance rights as an effort to anticipate disputes over the division of inheritance. By using the Sociological Juridical study method, we can find the reality in the field in research. This method seeks data by means of interviews and data found in the field, to then analyze the legal problems that occurred in the case. In the research process carried out, it was found that wills in the distribution of inherited assets have an important position and their implementation always takes priority, although it does not rule out the possibility of problems or disputes for both the recipient of the will and the heirs, then the Inheritance Property Center is the agency that has the role and authority in opening will and make a certificate of inheritance rights for the share received by each heir.
Legal Uncertainty in Legal Protection for Notaries Holding Protocols from Notaries Making Protocols Who Have Died in Tegal City Zamzuri, Mohamad
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries in carrying out their duties as notaries who hold protocols often receive criminal and civil lawsuits and complaints to the MPD due to defects in protocols made by other notaries who are notaries who make protocols. The type of research used in this article is sociological or empirical legal research which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Based on the study in this paper, it is understood that legal protection for Notaries holding protocols from Notaries making protocols who have passed away in Tegal City has not yet been realized optimally, this is shown by the fact that some people are still filing criminal and civil lawsuits against Notaries holding protocols when the protocol made by the Notary making the protocol who has died is known to be problematic.

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