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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 10 Documents
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Search results for , issue "Vol 3, No 2 (2024): April 2024" : 10 Documents clear
Sale and Purchase of Land Based on Ownership Certificate Based on Private Deed (Study of Supreme Court Civil Decision NO.105/PDT.G/2021/PN PRP) Muttaqin, Ahmad Rosyiddin
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land as a property right is regulated in the Basic Agrarian Law No. 5 of 1960. Property rights can be transferred based on sale and purchase, in accordance with Government Regulation No. 24 of 1997 in Article 37 paragraph 1 that the transfer of land rights and ownership rights to apartment units through sale and purchase, exchange, grant, income in the company and other legal acts of transfer of rights, can only be registered if proven by a deed made by an authorized PPAT according to the provisions of applicable laws and regulations, the provisions for the transfer of rights have been regulated, but it cannot be denied that there are still underhand sales and purchases or sales and purchases not in front of the Land Deed Making Officer. The method used in this study is the normative legal research method. The approach method used is a qualitative approach. The types and sources of data use primary and secondary data. The data analysis method used in this study is prescriptive. The conclusion of the results of this study are: 1) The legal force of the private deed in the sale and purchase agreement for land with the Certificate of Ownership based on the Case in Decision Number 105/Pdt.G/2021/PN Prp. is valid and has the same legal force as an authentic deed. This is proven by the existence of written evidence submitted by the parties to the case, statements from witnesses and the results of local examinations, so that facts can be obtained that are mutually confirmed by the parties. 2). As a result of the legal effect of the private land sale and purchase agreement being ratified by the Pasir Pangaraian District Court, the plaintiff can file a process for changing the name of the Certificate of Ownership at the National Land Agency (BPN) on the basis of a court decision that already has permanent legal force as a substitute for the PPAT deed. If seen from the case above, the sale and purchase of land is not yet valid because according to what is explained in PP Number 24 of 1997 concerning Land Registration, the sale and purchase of land must be carried out before the Land Deed Making Officer (PPAT), but in the case above, the sale and purchase of land is not possible to be carried out before the Land Deed Making Officer (PPAT) because the defendant's whereabouts are unknown, so the sale and purchase of land with a deed under hand based on the Court Decision is declared valid and has permanent legal force.
Implementation of Notary's Principle of Prudence in Making Authentic Deeds Between Housing Developers, Banks and Home Buyers in Ngawi Regency Wahyuningrum, Widhiastuti
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries in carrying out their duties and positions are very important to implement the principle of caution in the process of making authentic deeds, considering the frequent legal problems with authentic deeds made by notaries because there are parties who commit crimes such as providing fake letters and false statements into the deeds made by notaries. The objectives of this thesis research are: 1) To find out and analyze the urgency of the notary's principle of caution in making authentic deeds of housing developer credit agreements; 2) To find out and analyze the application of the notary's principle of caution in making authentic deeds in Ngawi Regency. The conclusion of the results of this study are: 1) The forms of precautionary principles carried out by notaries in the process of making deeds are, introducing the identity of the person appearing, verifying the subject data and carefully the object of the person appearing, giving a grace period in the process of making deeds, acting carefully, carefully and precisely in the process of making deeds, fulfilling all technical requirements for making deeds and reporting if there is an indication of money laundering in transactions at the notary, forms of precautionary principles like this should be mandatory for notaries to implement in order to prevent notaries from having legal problems with authentic deeds they make in the future. 2). Implementation of the Notary's precautionary principle in making authentic deeds in Ngawi Regency has implemented the precautionary principle and if there is falsification of letters and false information provided by the parties in the process of making deeds, then material responsibility is the responsibility of the parties who have provided false data or false information to the notary. And the parties can be prosecuted and held responsible for the Criminal Act of Forged Letters and False Statements in accordance with Articles 263, 264 and Article 266 of the Criminal Code.
The Juridical Analysis of the Implementation of the Notary's Recusal Rights in Maintaining the Confidentiality of the Contents of the Deed Yudana, Median Eka; Sulchan, Achmad
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The application of the notary's right of recusal in maintaining the confidentiality of the contents of the deed he or she has made as regulated in the UUJN is not absolute, considering that it is still possible if other laws order it. Thus, the Notary cannot use his Right of Rejection if the deed he makes is related to Corruption Crimes (Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes) and Tax Violations (Law Number 14 of 2002 concerning the Tax Court ). The use of the Right of Refusal when a Notary is a witness in a court trial is not immediate, meaning it takes effect immediately. But if the notary wants to use his right of refusal, he is obliged to come and fulfill the summons and must make a letter of request to the judge who is hearing/examining the case, that the notary will use his right of refusal. Upon the Notary's request, the Judge examining the case in question will determine whether to grant or reject the Notary's request. 2) The legal consequences for a notary who discloses the confidentiality of the contents of the deed he or she has made may result in sanctions, namely criminal threats, civil threats and sanctions according to the Law on Notary Positions ranging from a reprimand to dishonorable dismissal. However, notaries will be given legal protection for Notaries who reveal the contents of the deed, namely Notaries who reveal the contents of the deed with the approval of the interested parties to maintain public trust in the Notary profession and/or Notaries who, because of their position, are asked to explain the contents of the Deed they have made before the court, automatically the Notary receive legal protection as a witness and are free from all charges.
Legal Review of Dualism in the Regulation of Release of Land Rights by Notaries and Sub-district Heads Swastika, Rona
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land ownership rights are legal rights or powers held by a person or an entity over a piece of land to use, control, and enjoy the land. It is determined for private parties or companies that wish to have land rights, the land ownership status that will be used for commercial development is required to experience degradation of rights, namely a decrease in land status that can be done in various ways, one of which is the release of rights followed by an application for new rights. A series of processes that must be taken to change the Land Ownership Certificate to Building Use Rights, the owner is required to have a Land Rights Release Statement Letter (SPPHT) or a Land Rights Release Deed to release the land status. It is stated in the Regulation of the Minister of Agrarian Affairs that the authority for the land rights release statement letter is two of them, namely the Notary and the Sub-district Head, each of whose authority is based on laws and government regulations. In examining the problem of this dualism of regulation, the author uses a normative research method with a legislative approach, a conceptual approach, and an analytical approach. Using secondary data sources from primary, secondary, and tertiary legal materials. The data collection method is carried out by literature study. The data analysis method uses a prescriptive method. The results of the study show that both officials, namely the Notary and the Sub-district Head appointed in the process of releasing land rights, both receive the authority in the form of attribution. However, the authority of the SPPHT according to the normative hierarchy is the authority of the Notary which cannot be replaced. In order to achieve legal objectives, the government grants the authority to issue one of them by the Sub-district Head. The existence of dualism brings benefits of convenience for people who live in areas not yet reached by Notaries, but there are also shortcomings, namely disharmony of regulations and inconsistencies in the mechanism for preparing documents. Both legal products in the form of a deed of release of rights made by a Notary and a statement of release made by the Sub-district Head both have legal force, are valid, and bind the parties.
Underhand Land Buying and Selling Practices and Their Legal Consequences Putry, Dian
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Underhanded land transactions, which are carried out informally without a legal process regulated by the government, are still common in various regions including Gondai Village. Although practical, these transactions carry significant legal risks. This study uses Lawrence M. Friedman's legal system theory, which divides the legal system into three components: structure, substance, and legal culture, to examine weaknesses in the legal system related to these transactions. This study aims to identify weaknesses in the legal system based on Friedman's theory and to develop steps to increase public legal awareness regarding land transactions. Using a qualitative approach and descriptive analysis method, data were collected through literature studies, in-depth interviews, and field observations. Underhanded land transactions show weaknesses in the structure, substance, and legal culture. To overcome this, comprehensive improvements are needed: strengthening government institutions, simplifying regulations, and improving legal culture through education and socialization. High legal awareness helps parties involved understand their rights, obligations, and risks, including aspects of the legality of land ownership, administrative requirements, and tax payments.
Legal Position of Land Sale and Purchase Agreement with Fully Certified Land Under Hand Against the Interests of the Heirs Wahyuni, Ayuni Sri; Sri Darmadi, Nanang
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The legal position of private sale and purchase agreements. 2) Legal protection for heirs who use a sale and purchase agreement in full under their hands. This type of research falls within the scope of normative legal research. The approach methods used in this research are the case study approach and the statutory approach. This type of data uses secondary data obtained from literature studies. The data analysis method used in this research is prescriptive. The research results were concluded: 1). The legal position of a signed sale and purchase agreement in full is that it has the power of proof in a case and its truth cannot be denied, so the private letter must be legalized. The Civil Code regulates private deeds as described in Articles 1874, 1874a, and Article 1880. These articles require that every private deed must be accompanied by a dated statement, given by a notary or other official recognized by Constitution.  2) Legal protection for heirs who use a private sale and purchase agreement in full has several forms, although in this context, legal protection may be more limited compared to using an authentic sale and purchase agreement made before a Notary/PPAT. However, some forms of protection that can be obtained are Proof of Writing, Acknowledgment of Signature: If the signature of the seller's heir is recognized as authentic and valid, this can provide proof that the agreement was indeed signed by the party concerned, Witness Attestation, and Transaction Integrity. However, it should be remembered that a private sale and purchase agreement does not usually have the same legal force as an official deed registered with an authorized government agency.
Legal Protection of Ownership of Hospital Land Rights Following the Issuance of Regulation of the Minister of Health of the Republic of Indonesia Number 56 of 2014 Concerning Classification and Licensing of Hospitals Susiawanto, Djarot Egro
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The problem of hospital land ownership status began when the Minister of Health Regulation Number 56 of 2014 was issued, based on article 1 of PERMENKES Number 56 of 2014, namely "Hospital Establishment Permit, hereinafter referred to as Establishment Permit, is a permit granted by an authorized official to a Government agency, Regional Government or private bodies that will construct buildings or change the function of existing buildings to become hospitals after fulfilling the requirements stipulated in the Ministerial Regulation. This makes the author interested in researching the legal protection of ownership of hospital land after the publication of Regulation of the Minister of Health of the Republic of Indonesia Number 56 of 2014 concerning Hospital Classification and Licensing. The author conducted this research using a doctrinal type of research with a normative juridical method which was carried out by means of inventory of positive law, efforts to discover the principles and philosophical basis (dogma or doctrine) of positive law. qualitative data analysis. The Minister of Health's regulations governing the Classification and Licensing of Hospitals have undergone several changes. Regarding the licensing requirements for the establishment and extension of hospital operational permits which specifically regulate the status of hospital land ownership, they are only found in Minister of Health Regulation Number 56 of 2014 concerning Classification and Licensing of Hospitals, whereas with the latest Minister of Health Regulation concerning Classification and Licensing of Houses If you are sick in the Transitional Provisions, Minister of Health Regulation Number 56 of 2014 concerning Classification and Licensing of Hospitals is no longer valid. This has resulted in uncertainty regarding the provisions on the ownership status of the hospital's land and has become a polemic in the hospital. Meanwhile, in its implementation of visitation and verification functions, regarding the land ownership status of the Karanggede Sisma Medika Boyolali Hospital, the Boyolali Health Service is still guided by Minister of Health Regulation Number 56 of 2014 concerning Hospital Classification and Licensing, while this regulation has been declared no longer valid. From the description The impact of the uncertainty in regulations regarding licensing requirements for the establishment and extension of hospital operational permits, specifically regarding the ownership status of hospital land, can be concluded that there is no legal protection for hospitals or the public who use hospital services.
Effectiveness of Implementing Limited Liability Company Legal Entity Registration Through Online Single Submission by a Notary Dewi, Puput Shintia
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: the implementation of limited liability company legal entity registration through the OSS system by notaries in Pekanbaru City, and the effectiveness of limited liability company registration via OSS by notaries in Pekanbaru City. The approach method used is empirical/sociological and includes analytical descriptive research. Data sources were obtained through interviews conducted directly with notaries as resource persons and other literature studies.  The research results showed that the registration of a limited liability company (PT) legal entity begins with the preparation of a deed of establishment of a limited liability company by a notary as an authorized official. The deed of establishment contains the company's articles of association. After the deed of establishment is issued, the business actor or notary as their representative must register a business license through the OSS system, which will then result in obtaining an NIB (Business Identification Number) as the company's identity in carrying out business activities. The effectiveness of registering a limited liability company (PT) legal entity through the OSS system by a notary in Pekanbaru City cannot yet be assessed as effective because many obstacles are still found. Some of these obstacles are the notary's lack of understanding in OSS operations, internet network problems and websites that often have errors, difficulty in getting information regarding the requested requirements and if problems occur they still have to be reported manually so it takes longer, as well as a lack of socialization or counseling from the government.
The Evidential Power of a Private Deed Legalized by a Notary in Court Ikstian, Shandy Fanyahya
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The evidentiary power of a private deed as evidence in a court proceeding that is connected to the notary's authority in legalization. This study aims to determine the strength of a private deed as evidence in a court proceeding, to determine whether or not the legalization function of a deed made privately can provide additional evidentiary power in a court hearing. Based on the results of the study, it can be seen that: 1) The practice of legalization by a Notary is that legalization is an acknowledgment of the date of the agreement, so that a private deed that has been legalized provides certainty for the judge regarding the date, identity, and signature of the parties concerned and related to the agreement. In addition, as long as they still have the authority to carry out their duties as a Notary; 3) The legal consequences in evidence in court in the event that there is a private deed that is legalized by a notary are that it does not have perfect evidentiary power because it lies in the signatures of the parties which, if recognized, are perfect evidence like an authentic deed. In contrast to authentic deeds which have definite evidentiary power, for private deeds the evidentiary power lies in the hands of the judge to consider them (Article 1881 paragraph (2) of the Civil Code).
Analysis of the Role and Responsibilities of Notaries in Storing Minutes of Deeds Febriani, Nisrina
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries have an obligation to store and maintain the minutes of the deeds they make, explained in Article 16 paragraph (1) letter b UUJN which states that Notaries have an obligation to make deeds in the form of minutes and also store them as Notary protocols. The purpose of this study is to find out, understand, study, and analyze the Notary's responsibility in his obligation to store deeds and the Legal Consequences of the Notary's responsibility in storing the minutes if there is negligence in storing them, such as damaged or lost deeds. The research method used in this study uses a normative legal approach method. The research specifications used are descriptive analytical. The types of data used consist of two data, namely primary data and secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials. The data collection method used is literature study and document study. This study uses a qualitative data analysis method. Based on the results of the study, it can be concluded that the Notary's responsibility in his obligation to store the minutes of the deed, the notary as a public official has an obligation in carrying out his position, one of which is to store the minutes of the deed. It is explained in Article 16 paragraph (1) letter b UUJN which states that notaries are required to make a deed in the form of minutes of the deed and store it as a notary protocol which is a follow-up to the provisions in Article 15 paragraph (1) UUJN. Then the legal consequences of the Notary's responsibility in storing the minutes if there is negligence in storing such as a damaged or lost deed, namely that administrative sanctions can be imposed. As stated in Article 16 paragraph (11) that the sanctions are in the form of: written warnings, temporary dismissal, honorable dismissal and dishonorable dismissal. In addition, there are not only administrative sanctions, but there are also civil sanctions and criminal sanctions.

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