Jurnal Konstatering
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.
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<![CDATA[Reflecting on the Role of BPN in Protecting Land Ownership Rights Holders Above HPL in Batam City ]]>
<![CDATA[Wahyudi, Andre]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The development of the HPL management policy in Batam City shows thatThere is a dualism in the concept of land ownership rights over HPL that occurs in Batam City, this can be seen from the existence of the Batam Industrial Management Agency mechanism which can grant Ownership Rights to parties who buy land over HPL land in Batam City, as a result of this, the owner of the Ownership Rights for land over HPL does not fully own the land that he has purchased, because the HPL is still valid on his land. BPN, which is the party that should take action to prevent buyers of land above HPL from being harmed, still seems passive. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized sociologically as an empirical phenomenon that can be observed in life. Based on the study conducted, it can be found that the fact that he National Land Agency has not been able to provide complete information and counseling to prospective land buyers or the community regarding the lack of legal certainty in the status of land ownership above HPL land, this has resulted in most people buying land above HPL owned by BP, this situation clearly results in legal uncertainty for the protection of land ownership rights for buyers considering that there are no clear regulations related to land ownership rights above BP HPL in Batam City. The solution that can be done is that there needs to be an affirmation regarding the absence of changes in HPL to land ownership rights above BP's HPL, there needs to be regulation of restrictions on BP's authority in terms of issuing decisions on the transfer of HPL to land ownership rights on HPL, and there needs to be a re-registration of land that before the existence of BP's HPL had been previously occupied and used by the community.Keywords: Land; Ownership; Protecting; Role.]]>
<![CDATA[The Position of the Head of Heir Mamak and His Authority in the Scope of Traditional Heirloom Land in the Minangkabau Indigenous Community in West Sumatra ]]>
<![CDATA[Nalardi, Nalardi]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to analyze: 1) The distribution of heritage within the Minangkabau Indigenous Community in West Sumatra. 2) The position of the chief heir mamak and his authority within the scope of traditional high inheritance land in the Minangkabau traditional community in West Sumatra. The approach method used in this research is an empirical (sociological) approach. The type of this research is analytical descriptive research. The types and sources of data in this research are primary and secondary data obtained through interviews and literature studies. The analysis in this research is descriptive analysis. Results The research concluded: 1) The division of inheritance in the Minangkabau Indigenous Community in West Sumatra is divided into inheritance and livelihood assets. Concerning livelihood inheritance assets, it must first be reviewed whether the assets have been partially or completely gifted to their children or nephews. When they have been gifted, of course the part that was gifted is the right of the person concerned. If leftovers are found then they are distributed to the children, the bako (fraternity of the father's family) asks or demands a share of the inheritance which will be resolved in litigation. 2.) The position of the chief heir mamak and his authority within the scope of customary high inheritance land in the Minangkabau traditional community in West Sumatra, namely as a clan leader who is fully responsible for the safety and welfare of members of the clan with the utilization and management of said high inheritance property, as a representative of the clan affairs of going out and acting inward for and on behalf of the clan, as well as the understanding that everything is in the hands of the head of the heir, as a mediator and the person who will resolve a dispute that occurs between members of the clan, whether personal problems in daily interactions or problems of inheritance, as a representative of the clan in court, for example as a defendant or as a plaintiff, as a representative of the clan in carrying out transactions on inherited land of the clan after obtaining approval from all members of the clan, for example selling and mortgaging inherited land, as a representative of the clan in matters of registration of inherited land, because the land is inherited must be registered in the name of the head of the inheritance, as the representative of the clan in the tribal density, as the person responsible for going out in traditional ceremonies within the clan, as the person responsible for paying land and building tax (PBB) on the clan's inheritance land.]]>
<![CDATA[Problems with Officials Making Land Deeds in Collecting Fees for Acquisition of Land and Building Rights in Tegal City ]]>
<![CDATA[Hariyono, Cipto]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[In property sale and purchase transactions, especially for buyers, a tax called BPHTB is imposed. The transaction for the transfer of rights to land and buildings is shown in the deed of sale made by the PPAT and the PPAT is the one who collects the BPHTB, but it is not uncommon to find many transactions for the transfer of rights to land and buildings carried out without using the services of a PPAT, only carried out underhand to avoid costs arising from the transfer of rights, including BPHTB. The purpose of this research is to examine the problems of Land Deed Officials in collecting Land and Building Acquisition Tax, and what are the obstacles and solutions of Land Deed Officials in collecting Land and Building Acquisition Tax. The approach method used in this legal research is an empirical legal approach method or in other words, it is called an empirical normative approach. In relation to the research method used, the author did this by researching legislation, regulations, legal theories and the opinions of leading legal scholars which are secondary data which are then linked to the actual situation, as well as related to problems found in the field related to problems faced by Land Deed Officials in collecting Land and Building Acquisition Tax. The results of the research obtained by the author include the contradiction in the BPHTB tax collection system, which was originally based on a self-assessment system, becoming an official assessment system. The validation process to determine the selling price of land and buildings is not regulated in laws and regulations, so that the process has an impact on changing the BPHTB value for a land object, automatically requiring more time.Keywords: Collection; Land; Selling.]]>
<![CDATA[Legal Implications of the Signing of a Power of Attorney Deed Imposing Mortgage Rights which are Not Done in the Presence of a Notary ]]>
<![CDATA[Kholiq, Muhammad Idam]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to review the implementation of a power of attorney to encumber mortgage rights (SKMHT) made before a Notary in a land office legal study and the legal consequences of a power of attorney to encumber mortgage rights (SKMHT) made before a Notary following the format of the national land agency, Research A power of attorney to impose mortgage rights (SKMHT) must be made in a notarial deed or PPAT deed, however in practice the notarial making of an SKMHT deed can only be carried out by following the SKMHT format of Perkaban Number 8 of 2012. A Notary when using the SKMHT form is subject to the procedures for filling out SKMHT blank and Notary Position Law (UUJN). Due to the discrepancy between the form of the Notarial deed as regulated in Article 38 UUJN and the format of the BPN, there are deficiencies which result in the SKMHT deed not meeting the criteria as an authentic Notarial deed. This research was analyzed descriptively analytically using a sociological juridical approach. By using a sociological juridical approach. A Notarial deed must fulfill formal and material requirements to be declared a Notarial deed which has the power of proof as an authentic deed. This research analysis uses the theory of legal certainty and legal protection. From the results of this research analysis, it turns out that the SKMHT format does not comply with the form of Notarial deed stipulated by UUJN. SKMHT made before a Notary is not in accordance with UUJN provisions, so all legal acts that occur after the SKMHT takes place will not maintain the quality of the deed, it will become a private deed, if the formal requirements of a Notarial deed are not fulfilled. If the Notary's deed causes losses, you can file a civil lawsuit and the Notary can be subject to civil sanctions and compensation costs and interest against the Notary concerned. Suggestions for Notaries in carrying out their positions must be in accordance with the provisions of applicable law. Therefore, as long as the provisions regarding the form and procedures for filling out the SKMHT form have not been changed, a Notary must fill in the SKMHT form by also looking at the provisions contained in the UUJN. In this case, a Notary can make changes (renvoi) in the SKMHT Blank both at the beginning of the deed and at the end or closing of the deed, so that the SKMHT deed made by the Notary still has perfect evidentiary power.]]>
<![CDATA[Werda Notary's Responsibility for the Loss of Minutes of the Deed He Made ]]>
<![CDATA[Utami, Siska Nur]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze: 1) The legal responsibility of notaries for the loss of minutes of deeds they have made. 2) Legal protection of notaries related to the deeds they have made. The approach method used in this study is the normative legal approach. This type of research is included in the scope of normative legal research. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The legal responsibility of notaries for the loss of minutes of deeds they have made, namely that notaries are not responsible for the loss of minutes of deeds after the handover of the protocol to the notary receiving the protocol. Notaries are only responsible for minutes that are lost when the notary is still in office. This is because there is no obligation for notaries to remake minutes of deeds that are lost or damaged due not to the negligence of the notary providing the protocol or the notary who is in office. But this responsibility has been transferred to the recipient of the notary protocol. Therefore, the responsibility is transferred because the loss or damage of the deed is due to the negligence of the protocol holder. Notary protocol or commonly called minutes of deed if lost later. 2) Legal protection of notary's assistant related to the deed made, namely in the Notary Law there is no specific regulation regarding legal protection for notary's assistant. The form of protection required is through the existence of statutory regulations and protection from the Indonesian Notary Association (INI). The Indonesian Notary Association (INI) has a protection field, one of the tasks of which is to accompany notaries and notary assistants, within the framework of the profession with the approval of the Supervisory Board, when summoned by investigators, prosecutors or judges. There is no clarity on the time limit for notary's assistant's responsibility for the deed made, so special legal protection is needed for Notaries, especially for notaries who are no longer in office (notary assistant).Keywords: Deed; Legal; Responsibility; Werda.]]>
<![CDATA[Notary's Responsibility For Deeds That Are Not Read, Position Of The Deed And Sanctions For Notaries Who Do Not Read The Deed They Have Made ]]>
<![CDATA[Pranoto, Mulyo]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to find out and analyze, that the Notary profession has obligations that should be carried out, to provide legal certainty and ensure that what is contained in the notarial deed can really be understood and is in accordance with what the parties want, the Notary's obligation to read the deed made and explaining the situation of the parties if the deed is not read in front of the parties at the closing of the deed in accordance with the Law. That if there is a misunderstanding between the parties regarding the deed that has been made and this causes the deed to be unclear, then the position of the notarial deed is worthy of being questioned as well as the responsibility of the Notary who deliberately does not read the deed he has made in front of the parties. The method used is the method normative juridical research with a case approach, analytical approach, and legislative approach. The research results showed that reading a deed is an obligation, as one of the bases for an authentic deed made by a Notary, which if not carried out could result in a default on the deed. A notary who deliberately does not read a deed made in front of the parties is a violation which results in the deed he made becoming null and void and its evidentiary power being degraded to a private deed.]]>
<![CDATA[Juridical Analysis of the Use of Barcodes in Notarial Deeds in Order to Improve Security Aspects ]]>
<![CDATA[Riqoyani, Kharisma Adelia]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to determine and examine the position of notarial deeds in relation to the use of barcodes in order to improve security aspects, and to determine and examine the legal consequences of the use of notarial deed barcodes in order to improve security aspects. The research approach method is normative juridical. The research specifications are descriptive analytical. Data sources consist of primary data, secondary data in the form of primary legal materials and secondary legal materials, and tertiary data. Data collection techniques are in the form of literature studies using library research techniques. Then all data is analyzed using qualitative descriptive methods. The results of the study indicate that the legal analysis of the use of barcodes in notarial deeds in order to improve security aspects: First, the position of notarial deeds in relation to the use of barcodes in order to improve security aspects is that as long as notarial deeds that use barcodes do not change, replace, and do not add words that can lead to other interpretations with the substance of the head of the deed, the contents of the deed, and the closing of the deed, it means that it is valid. Second, the legal consequences of the use of barcodes in notarial deeds in order to improve security aspects are that there are no prohibitions, so that the purpose of securing notarial deeds can be carried out properly and correctly as long as they do not conflict with the UUJN.Keywords: Barcode; Deed; Security.]]>
<![CDATA[The Role of the Notary in Preventing and Overcoming Mistakes in Van Omstandigheden Made by Housing Developers in Home Purchase and Sale Credit Agreements through the Developer ]]>
<![CDATA[Faizal, Akhmad Bagus]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The implementation of housing credit agreements through housing developers often experiences problems, one of which is fraudulent acts committed by the developer, resulting in losses for both housing buyers and the bank as the loan fund provider. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in the interactions between them. That the real reality of life does not exist in the empirical realm which is also the observational realm, it does not appear in the form of behavior that is patterned and structured objectively (let alone normative) and therefore can be measured to produce quantitative data. The reality of life actually only exists in the realm of meaning which appears in the form of symbols which can only be understood after being interpreted. Such a reality cannot be easily "captured" through external observation and measurement. Based on the research conducted, it was found that Notaries have also increasingly become mediators in disputes related to notarial matters, including the issue of agreements for the use of building construction services, this is a development of the authority of Notaries as Notary legal instructors. In its development, this does not yet have legal certainty considering that the UUJN does not expressly state that a mediator is one of the authorities of a Notary, however, the UUJN also does not contain a prohibition on a Notary becoming a mediator, and it is common knowledge that a mediator is also not a position that is included in the State Civil Apparatus. The absence of clear regulations regarding the notary's position as a mediator means that the notary's position as a mediator in notarial disputes does not have a clear legal basis. So the role of the Notary also does not have legality in deciding the mediation of a failure to build dispute, or the results of the Notary's mediation in cases of fraud committed by housing developers in housing sale and purchase agreements through KPR credit.]]>
<![CDATA[Legal Review of the Legal Position of the Private Sale and Purchase Agreement for Land Rights That Has Been Deeded (Case Study of Supreme Court Decision Number 08 K/Tun/2013) ]]>
<![CDATA[Avisina, Muhammad]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The deed registration process is only recorded by a notary, not one that is made from the beginning by a notary. What if one party evades it? If the deed under hand has been deed deed by a notary, is the notary also responsible for the deed? In this study, the author discusses the legal status of the Sale and Purchase Agreement (PPJB) for land rights under hand that have been deed deed (Case Study Number 08 K/TUN/2013). The approach method used in this thesis is normative by using primary data as the main data by conducting, normative legal research is a process to find a rule of law, legal principles, or legal doctrines in order to answer the legal issues faced. In addition, there is also a special approach, namely the statutory approach (Statute Approach), the statutory approach as one of the research approaches used by the author by examining the laws and regulations related to the legal issues being studied. The position of Notary in Indonesia is very necessary, in the explanation section of the Notary Law (UUJN) it is stated about the importance of the existence of Notaries as made in Law No. 02 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Notary Position. Notary is defined as a public official who is authorized to make authentic deeds and other authorities as referred to in this Law or based on other laws. If we look at the other notary authorities as stated in Article 15 paragraph (2) letter b UUJN.Keywords: Agreement; Purchase; Sale; Warmerking.]]>
<![CDATA[The Role of Notaries in Making Deeds of Changes to Land Rights That Have Not Been Certified ]]>
<![CDATA[Pertiwi, Rohmatika Puspita Husadawati]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to find out the role of Notaries and PPATs in certifying land rights that have not been certified, also to find out the value of legal certainty of land rights that have not been certified, and to find out how the legal status of changes to land rights that have not been certified is. The research approach method used is normative law, namely a type of approach that refers more to the type of legislative approach, The Statute Approach. The types and sources of data that researchers use, namely secondary data, are divided into primary legal, secondary legal and tertiary legal materials. The data collection method uses library research and interviews and the data analysis method uses qualitative methods. The research results show that Notaries and PPATs must play a role in certifying land rights so that the rights and obligations of the certificate are clear and to avoid disputes. Apart from that, the PPAT Notary also plays a role in making deeds, if there are rights to land that have not been certified. A deed is made as proof that the right to the land has been certified, and if the land is to be bought and sold then the land title is valid because a certificate has been made. Uncertified land rights guarantee "legal certainty" for the sake of order and justice in people's lives. The legal status if there is a right to land that has not been certified is weak or the legal status is not strong enough, in the sense that the right to land that has not been certified, if for example there is a sale and purchase, then the legal status is not strong, imperfect, weak. In order for its legal status to be strong, it needs to be registered with the National Land Agency and have a deed drawn up by a Notary/PPAT so that its strength is perfect. The legal consequences that occur due to the sale and purchase of uncertified land are disputes over ownership of land rights, the lack of evidence that shows the land object means that the land object does not have legal certainty so that the validity of ownership cannot be determined.]]>
