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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 11 Documents
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Search results for , issue "Vol 3, No 3 (2024): July 2024" : 11 Documents clear
Legal Status of Marriage Contract Deeds Made Before a Notary Without Registration at a Marriage Registration Office Hernawan, Faisal Abdillah
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to determine the legal status of marriage agreement deeds made before a notary without being registered at the Marriage Registration Office as well as the legal impact for third parties of marriage agreements made before a notary without being registered at the Marriage Registration Office if a dispute occurs. The type of research is qualitative with a statutory approach. Data collection techniques are documentation, observation and literature study. This type of research is a normative approach or doctrinal research which is oriented towards approaches to various statutory and regulatory norms. The research results show that 1) the legal position of a marriage agreement deed made before a notary without being registered at the Marriage Registry Office is that the agreement remains valid and binding for husband and wife, but does not have binding legal force on third parties. 2) A marriage agreement made before a notary but not registered at the Marriage Registry Office does not have binding legal force on third parties. The legal consequence is that third parties are not bound by the agreement and can assume that the assets of the husband and wife are joint assets. In the event of a dispute or debt, a third party can demand a settlement involving the couple's joint assets, because there is no legally recognized separation of assets.
Legal Implications of the Sale and Purchase of Land Rights Underhand in Demak Regency (Study of Decision No. 34/Pdt.G/2020/PN. Dmk) Muslichah, Siti
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

It is undeniable that in everyday life, there are still many land sales and purchases carried out underhand, not in the presence of an authorized official, namely a Notary/PPAT. This study aims to analyze the legal implications of the sale and purchase of land rights underhand in Demak Regency (Study of Decision No. 34/Pdt.G/2020/PN. Dmk). The type of research used in this thesis is normative legal with a case approach. This approach method uses a normative legal approach or written legal research. The types and sources of data used are secondary data. Data collection methods are literature research and documentation studies. The data analysis method used in analyzing the data is qualitative analysis, namely the data obtained is then analyzed qualitatively to achieve the objectives. The results of the study show that in the concept of legal certainty, it can be made in writing in the form of an agreement before an authorized official and recognized by the state, so that it has perfect legal force before the court. In accordance with Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. A sale and purchase agreement made underhand is difficult to prove if a legal act of transferring land rights has occurred. Therefore, legal protection is needed, namely repressive legal protection and preventive legal protection.
Legal Analysis of Legal Consequences for Notaries for Violating the Honorarium Provisions in Making Deeds Dwi Jayanto, Ilham
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine the determination of the Notary's honorarium in making a Deed and to determine the legal consequences for Notaries who violate the honorarium provisions in making a Deed. The research approach method used in this thesis is the normative legal research method. The approach used in this study is the Legislation (statute approach). The type of data used in this study is primary data which includes the 1945 Constitution; Civil Code; Law Number 30 of 2004 concerning amendments to Law Number 2 of 2014 concerning the Position of Notary; Notary Code of Ethics. The data analysis method used is secondary data that has been obtained, analyzed descriptively qualitatively. The results of the study show that the determination of the notary's honorarium in making a Deed is based on the Economic Value and/or Sociological Value of each Deed made. The Economic Value of each deed has been regulated in Article 36 paragraph (3) of the UUJN, and the UUJN regulates the maximum limit of honorarium and the Code of Ethics regulates the minimum limit of honorarium, and in Article 37 of the UUJN, Notaries are required to provide free legal services to people who are unable to afford it without charging an honorarium. Violations committed by Notaries due to charging an honorarium below the provisions stipulated in the Code of Ethics, then the sanctions that will be given based on the Code of Ethics are: a) Reprimand; b) Warning; c) Schorsing; (temporary dismissal) from membership of the Association; d) Onzetting (dismissal) from membership of the Association; e) Dishonorable dismissal from membership of the Association. Sanctions for violating the provisions of the honorarium according to the UUJN, For the first sanction is a verbal warning. When a verbal warning is not complied with by a Notary, the next tiered sanction that must be received by the Notary is a written warning.
Legal Consequences of Binding the Sale and Purchase of Land Rights Under Hands That Have Been Warned by a Notary Prahmono, Siget
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The researcher conducted this research with the intention of knowing and analyzing the legal status of PPJB for private land rights that have been Waarmerking and also to find out and analyze whether a PPJB for private land rights that has been Waarmerking must make a Deed of Sale and Purchase. In this study, a sociological legal approach will be used and primary data will be used as the main data, namely the results of interviews conducted with Mrs. Arini Sutanti, S.H., M.Kn. She is one of the Notaries in Temanggung Regency and is also supported by secondary data from a number of sources which are then analyzed and processed using qualitative methods in order to obtain a conclusion. The results of the study show that the sale and purchase agreement for land rights carried out privately which was then carried out by Waarmerking efforts by the Notary does not affect the authenticity of the contents or signatures contained in the deed, the role of Waarmerking is only limited to entering it in the Notary's book as an archive if at some point the agreement letter is lost or damaged, so that all parties who bind themselves do not have to re-make the agreement letter. This means that the evidentiary power and status of the Waarmerking itself can be interpreted as if the Notary has no responsibility for the contents and signatures contained therein, so the related parties will only have responsibility for the contents and signatures contained in the letter.
Settlement of Sale and Purchase Underhand Where the Seller's Whereabouts Are Unknown Istriany, Andy Rahmayanti Prihatining
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to find out and analyze the anticipation of the problem of underhand buying and selling where the seller's whereabouts are unknown. To find out and analyze the settlement of underhand buying and selling where the seller's whereabouts are unknown. The approach method used by the researcher is the case approach and the statutory approach. This type of research is normative law. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that anticipating the problem of underhand buying and selling where the seller's whereabouts are unknown is that in making a sale and purchase agreement, they must adhere to the principle of good faith. The buyer must also meet the requirements required in carrying out the sale and purchase of land up to the name change process. Thus, if all these requirements are met, the land sale and purchase process up to the certificate name change process can run smoothly without any obstacles. Settlement of Underhand Buying and Selling Where the Seller's Whereabouts Are Unknown is to initiate and resolve civil disputes that occur between the Plaintiff and the Defendant, one of the disputing parties must submit a request for examination (file a lawsuit) to the court. The parties whose rights have been violated in a civil case are called plaintiffs who file a lawsuit with the court and address it to the party who violated it (defendant) by stating the case (posita) and accompanying it with what the plaintiff demands (petitum).
Legal Consequences of Third Party Resistance to Assets Encumbered with Mortgage Rights (Study of Decision Number 46/Pdt.Bth/2016/PN. Smr) Rahmadiyanti, Dhiya Fitriyah
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Legal certainty is very important for every Indonesian citizen as a subject holding land rights, therefore the State must guarantee every rights holder to obtain legal protection as a certificate of proof of the rights they have and as strong and perfect evidence if a dispute occurs in the future. The purpose of this thesis research is to study the law on the resistance of third parties as holders of mortgage rights when viewed from the aspects of justice, legal consequences and legal certainty in Decision Number 46 / Pdt.Bth / 2016 / PN.Smr and How are the legal consequences of third party resistance to assets that are subject to mortgage rights when viewed from Decision Number 46 / Pdt.Bth / 2016 / PN.Smr. This study uses the Normative Juridical method. The data sources obtained are in the form of primary data sources and secondary data sources, namely Court Decisions and related Laws. This research was conducted by examining the Samarinda District Court Decision. The results of this study, when viewed based on the theory of justice, legal consequences and legal certainty, are fair enough for the winning party, but unfair for the third party as the holder of the Mortgage Right. The legal consequences for the third party are clearly disadvantaged because the third party is not allowed to file a third party objection. Viewed from the legal certainty side, the Panel of Judges has also not carried out legal considerations as its rights in a concrete manner because there are two references, so this creates a side of legal uncertainty.
The Role of Notaries in the Cooperation Agreement Between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City Sari, Riana
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the role of notaries in the implementation of the Cooperation Agreement between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City, as well as to determine and analyze the Implementation of the Cooperation Agreement in accordance with the Agreement that has been made in the Cooperation Agreement between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City. The research approach method used in this thesis is the sociological juridical legal research method. The specifications of this study use descriptive analysis. Data collection using interview techniques and document studies or library materials. The practical benefits of this study are expected to be used to formulate Cooperation arrangements between the Regional Government and the Private Sector in implementing cooperation in the context of developing Contract Law in Indonesia. The results of the study indicate that the role of notaries in the implementation of the Cooperation Agreement between PT. Resty Menara Hotel with the Pekanbaru City Youth and Sports Service has an important role in creating legal certainty in every legal relationship. Given the importance of notary involvement in making cooperation agreements between private companies and the government, certain requirements are required in making agreements so that the agreement remains in accordance with applicable laws and regulations. This is done by both parties because they realize that in addition to the main task of a notary is to create or record events authentically, the parties also realize that the involvement of a notary's role is more than that regulated in the law, especially as a mediator in differences of opinion on something in a legal relationship.
Implementation of Legal Certainty Values ​​in the Process of Increasing Land Rights in Demak Regency Nugroho, Prastyo Adi
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Background of the study is In the context of improving land status in Indonesia, the implementation of legal certainty is an important issue that needs serious attention. Demak Regency as one of the regions in Indonesia also faces challenges in terms of improving land status which requires clear legal certainty. Land rights issues, land conflicts, and investment and development are the main focus in this context. Improving land status from Building Use Rights to Ownership Rights or other status changes requires a structured and transparent legal process. In this case, a study of the implementation of legal certainty related to improving land status in Demak Regency can provide a clear picture of the challenges, obstacles, and solutions that can be implemented to increase the effectiveness of the legal system in this case. The research method used by the author in this study is Empirical Research with a qualitative approach, using primary data and secondary data, data collection methods are carried out by interviews and observations, from the data collected will be analyzed using descriptive methods. The results of the study are the Regulation of the Minister of ATR/BPN Number 1339 of 2022 as the latest legal basis that strengthens the process of improving the status of Building Use Rights (HGB) to Ownership Rights (HM) in Demak Regency. This regulation complements regulations such as UUPA No. 5 of 1960, PP No. 24 of 1997, Regulation of the Minister of State for Agrarian Affairs/Head of BPN No. 3 of 1997, PP No. 46 of 2002, and Circular Letter of the Head of BPN-600-1900 dated July 31, 2003, and provide convenience for the community in the process of improving land status. The case of Mr. Budi and Mrs. Siti is a real example of the successful implementation of this regulation, although there were several obstacles such as completeness of files and understanding of procedures. The efforts of BPN Demak in socialization, improving services, and handling special cases also contributed to the smooth running of this process. Overall, this regulation provides legal certainty, benefits, and justice for the community in realizing stronger land ownership.
Legal Implications of Making a Certificate of Inheritance That Does Not Match the Heirs' Statement Yantin, Tri
Jurnal Konstatering Vol 3, No 3 (2024): July 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 implications of making a certificate of inheritance that does not match the information of the heirs can be considered invalid or does not have sufficient legal force to determine a person's inheritance rights. However, the Certificate of Inheritance is still valid as long as it is not stated that the deed is invalid by the Court Judge. Making a certificate of inheritance that does not match the information of the heirs will have legal implications. However, it does not have any legal consequences for the Notary, because the Notary is only a public official who is authorized to make a deed according to the information or wishes or legal acts given by the parties. 2) The notary's responsibility for making a certificate of inheritance that does not match the information of the heirs will not have legal consequences for the notary himself and the notary cannot be held accountable for anything, the party in the deed is responsible if the deed contains incorrect information, because the contents of the deed are the will of the parties, not the Notary. Except if the Notary participates in making incorrect information in order to gain profit, then it can result in the Notary also being prosecuted. Notary YP in this case does not need to be held criminally or civilly responsible for the legal acts he has committed, because in court it was proven that he did not violate any criminal or unlawful acts, so Notary YP does not need to be held legally responsible. The principle of responsibility held by a Notary, adheres to the principle of responsibility based on fault of liability, the Notary cannot be held accountable. Because, the Notary only records what has been conveyed by the parties and then the Notary pours what has been conveyed into the deed.
Problems in the Implementation of a Complete Systematic Land Registration Program Regarding the Emergence of Overlapping Land Certificates Sulistyarini, Dyah Ayu
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims The purpose of this study is to analyze the factors behind the overlapping in the issuance of land certificates through the complete systematic land registration program at the Semarang City Land Office, and the guarantee of legal certainty. The research methods used in this study are: the type of research used in this study is empirical legal research, the approach method used is the structural approach and Economic Analysis Of Law. The data used is primary data with qualitative descriptive data analysis. The results of the study indicate that the factors behind the overlapping in the issuance of land certificates through the complete systematic land registration program at the Semarang City Land Office in 2023 can be seen from 3 angles, namely: First, legal substance, there are weaknesses in Article 22 and Article 24 of the Regulation of the Minister of ATR/Head of BPN RI Number 6 of 2018. Article 22, there are weaknesses in terms of the strength of evidence from a written statement regarding physical control of the land area and in good faith, and witnessed by at least 2 witnesses; Article 24, in terms of the limited space for the 14-day objection period, even though it meets the principle of publicity, it can be missed by anyone who has less access to information; Second, the legal structure, that in the process of implementing the PTSL Program, PPAT is not involved as the party authorized to make deeds, so that its legal force as evidence is very weak. The involvement of the Licensed Cadastral Surveyor Service Office as a Physical Task Force in measurement and mapping can include making basic registration maps, determining land boundaries, and making land plot maps (PBT), the results are not in accordance with the standards set by the Land Office; and Third, legal culture, namely the weak legal awareness of the community regarding the importance of administrative requirements in the land registration process. The guarantee of legal certainty in the issuance of land certificates through the Complete Systematic Land Registration Program which Overlaps at the Semarang City Land Office, is realized by taking mediation steps based on the provisions of Number 30 of 1999 and the Regulation of the Minister of ATR/Head of BPN RI Number 21 of 2020.

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