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[Supervision of Land Deed Officials (PPAT) on Deeds of Sale and Purchase Before Payment of BPHTB ]]>
<![CDATA[Jani, Rafsan]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The signing of a deed of sale and purchase by a Land Deed Making Officer (PPAT) before payment of Land and Building Acquisition Fee (BPHTB) has caused a polemic of law and professional ethics. This practice not only violates applicable legal provisions, but also has the potential to harm the state in terms of tax revenue. The purpose of this study is to analyze the Implementation of Supervision and Guidance of Land Deed Officials Who Sign Deeds of Sale and Purchase Before Payment of BPHTB in North Kolaka Regency and to analyze the legal responsibility of Land Deed Officials who sign Deeds of Sale and Purchase before payment of BPHT in North Kolaka Regency. The problem-solving approach method used by the author is an empirical approach method, namely a method of data collection carried out by examining secondary data against primary data in the field and examining existing facts in line with observations in the field which are then reviewed based on related laws and regulations because the existing laws are in fact made, and determined by humans who live in society to research related to the Implementation of Supervision and Guidance for PPAT Who Signed the Sale and Purchase Deed Before Payment of BPHTB in North Kolaka Regency. The results of the study can be concluded that the implementation of guidance and supervision of the Advisory and Supervisory Board of PPAT is to visit several PPATs and obtain several findings related to several PPATs in North Kolaka and provide guidance related to PPAT job regulations, socialization of regulations concerning the PPAT code of ethics and supervision, namely in the form of supervision of the implementation of PPAT positions and enforcement of legal regulations in accordance with regulations in the field of PPAT]]>
<![CDATA[Bankruptcy of Husband Over Joint Property (Case Study of Decision Number 165/PDT.SUS.PKPU/2018/PN.NIAGA.JKT.PST) ]]>
<![CDATA[Pratiwi, Salma Rahmi]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The research aims to analyze the legal implications of husband's bankruptcy on rights and obligations regarding joint property in terms of Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst. The research method used is normative legal research with statutory and case approaches. The results indicate that by the implementation of the unity of property, bankruptcy experienced by the husband is treated as bankruptcy of joint property. The legal implications of the husband's bankruptcy on the rights and obligations regarding joint property that are reviewed from Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst, the husband and wife, Ikhwan Andi Mansyur and Ir. Indah Sari, lost their right to manage and control the assets including revocation of Personal Guarantees, because those are part of bankruptcy assets.]]>
<![CDATA[Termination of Taxi Rental Purchase Agreement Between Members of Pandawa Taxi Cooperative and PT Bank Bri Persero Unit Pudakpayung Yogyakarta ]]>
<![CDATA[Rizky, Baharian]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[An agreement or contract must meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. The purpose of this study is to determine and analyze the termination of the taxi rental purchase agreement between members of the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta and the legal consequences of the termination of the taxi rental purchase agreement between members of the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta. The approach method in this study is empirical legal research. The types of data in this study are primary data and secondary data obtained from library research and field research and analyzed qualitatively with descriptive methods. The results of the study concluded that the responsibility of the management of the Pandawa Taxi Cooperative as a guarantor if the cooperative member is in default is based on the cooperation agreement between the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta with the settlement of the default committed by the cooperative member will be resolved.]]>
<![CDATA[Implementation of Land Registration Policy Complete Systematic in Realizing Legal Certainty for Rights Holders in Kendal Regency ]]>
<![CDATA[Akbar, Ahmad Faiz]]>;
<![CDATA[Purnawan, Amin]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study discusses the Implementation of the Complete Systematic Land Registration Policy (PTSL) in realizing legal certainty for rights holders in Kendal Regency. PTSL aims to provide legal guarantees for land ownership rights through systematic and integrated land registration. This study uses an empirical legal approach to analyze how PTSL is implemented and the obstacles faced in Kendal Regency. The results of the study indicate that the implementation of PTSL is hampered by limited human resources, minimal budget, and low public awareness of the importance of land certification. These obstacles have the potential to hinder the achievement of PTSL goals, namely creating justice, benefits, and legal certainty for all land owners in Kendal Regency. In the analysis using the theory of legal objectives, the implementation of PTSL is expected to be able to answer the community's need for legal certainty and encourage welfare through more productive use of land assets. Using Talcott Parsons' Structural Functionalism theory, this study also found that PTSL plays an important role in maintaining social stability by strengthening integration between the government, village officials, and the community. Recommended solutions include increasing socialization to the community about the benefits of land certification, increasing budget allocations, and increasing human resource capacity to support the smooth implementation of PTSL.]]>
<![CDATA[Notary's Liability for Mistakes in Writing Deeds That Have Been Made ]]>
<![CDATA[Prasmara, Christiano Valdis]]>;
<![CDATA[Arifullah, Achmad]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study was conducted with the aim of analyzing the legal liability of notaries for the deeds they have made and legal protection for parties who are harmed due to errors in the deed. This study uses a normative legal approach with a clinical legal research method that focuses on the study of applicable laws and regulations and legal norms. The data sources used are secondary data through literature studies covering primary, secondary, and tertiary legal materials. The results of the study indicate that based on Article 65 of the Notary Law No. 30 of 2004 concerning the Position of Notary in conjunction with Law No. 2 of 2014 concerning the Position of Notary, namely that notaries, both those who are still active and those who have retired, remain responsible for the deeds they have made. Article 16 of the UUJN stipulates that notaries can be subject to sanctions for mistakes that harm other parties, either through administrative or civil sanctions in accordance with Article 1365 of the Civil Code. Deeds that are legally flawed due to negligence or violations of the law can be canceled through a court decision in accordance with Article 1320 of the Civil Code. In terms of legal protection against errors in deeds in accordance with Article 1868 of the Civil Code, it is emphasized that authentic deeds made by notaries have very strong evidentiary power. If there are errors or violations of the law in the process of making it, the deed can be considered null and void or become a deed under hand. In addition, the injured party can sue for damages based on Article 1365 of the Civil Code for unlawful acts. This study focuses on notaries who remain responsible for the deeds they have made even though they have retired. Legal protection for the injured party can be realized through the cancellation of a legally defective deed which can only be done through a court decision that has permanent legal force. Notaries who make mistakes or violations can be subject to sanctions in accordance with applicable regulations, both administrative and civil sanctions.]]>
<![CDATA[Legal Analysis of the Position of Heirs Who Change Religion According to Civil Law and Islamic Law ]]>
<![CDATA[Wulandari, Ina]]>;
<![CDATA[Kusriyah, Sri]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 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 position of heirs who change religions according to civil law and Islamic law. 2) Legal protection that can be guaranteed for heirs who change religions. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The position of heirs who change religions according to civil law and Islamic law, namely civil law does not differentiate heirs based on religion. There is no prohibition for heirs of different religions to inherit the testator's inheritance. While Islamic law does not provide inheritance rights by kinship to heirs who change religions. Heirs who change religions cannot inherit property from Muslim testators. However, the provision of property between people of different religions can still be done in the form of grants, wills, and gifts. If there is an heir who changes religion, the heir should discuss it with the other heirs before he dies. 2) Legal protection that can be guaranteed for heirs who change religions can be guaranteed through several mechanisms, namely the Civil Code still provides inheritance rights regardless of religion, while Islamic Law can still provide rights through grants or wills. Through a family mediation approach, a peaceful agreement can also be reached. An approach through mediation or family agreement can be a peaceful and mutually beneficial solution. With mediation, families can reach an agreement on the division of assets fairly, including providing a portion for heirs who change religions. This path allows for out-of-court settlements, avoids conflict, and maintains good relations between family members. This protection is in line with the principle of justice in Maqasid Syariah and Human Rights to ensure that the rights and welfare of heirs remain protected.]]>
<![CDATA[Notary's Responsibility in Preventing and Overcoming Money Laundering Crimes in Pekalongan Regency ]]>
<![CDATA[Putri, Genna Ellana]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The purpose of this study is to analyze: 1) To find out and analyze the responsibility of Notaries in Preventing and Overcoming Money Laundering Crimes in Pekalongan Regency. 2) To find out and analyze the Obstacles and Solutions in preventing and overcoming money laundering crimes in the Notary profession in Pekalongan Regency. The method of approach in writing this research is the Juridical Sociological approach. The data used in this study are primary data including the 1945 Constitution; Law No. 2 of 2014; Law on the Prevention and Eradication of Money Laundering; Notary Code of Ethics; Civil Code and Criminal Code. As well as secondary data containing books and other supporting documents. Data collection of research using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is an interactive qualitative model analysis as proposed by Miles and Huberman. The results of the study indicate that Notaries are required to be active in making efforts to prevent money laundering, especially from parties who are their clients and because Notaries as a legal profession should also be able to integrate with other professions / other law enforcers to become professional law enforcers in law enforcement duties. The role of the legal profession can only be carried out properly if it receives support for strengthening the code of ethics of the legal profession which until now is still somewhat vague or unclear, so that malpractice does not occur in the legal process. Notaries in Pekalongan Regency must apply the principle of recognizing service users (Know Your Consumer). The obstacles faced by notaries in efforts to eradicate money laundering are related to the theory of absolute secrecy, especially related to the obligation to maintain client confidentiality. In Indonesia, notaries have a legal obligation to maintain the confidentiality of all matters relating to the deeds they make.]]>
<![CDATA[Legal Analysis of Land Certificate Legality (SKT) Towards Uncertified Land in Land Sale and Purchase ]]>
<![CDATA[Mi’rajiah, Dessy]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 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 legality of Land Certificate (SKT) for uncertified land in land sale and purchase. 2) The legal existence of land certificate as proof of ownership of land rights. This type of research is normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase in Indonesia has significant limitations. Although the SKT is administratively recognized and can be used as proof of physical control over land, this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In the context of land sales and purchases, the use of SKT as proof of ownership poses legal risks, especially in the event of a dispute, because the SKT does not provide a guarantee of legal ownership and is formally recognized by law. In order to achieve legal certainty and protect the rights of all parties involved in the transaction, the land title certificate remains the only document that is legally recognized as proof of ownership in land sales and purchases. Therefore, it is important for the parties in a land sale and purchase transaction to ensure that the land being traded has a valid certificate, in order to avoid potential legal problems in the future. 2). The legal existence of the Land Certificate (SKT) as proof of land ownership in Indonesia is recognized in the administrative and physical control context, especially in areas where land registration has not been optimal. SKT is often used by the community as proof of land ownership and for administrative purposes, however, the legality of SKT is limited because this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In land disputes or formal legal processes, land certificates are prioritized as proof of legal ownership.]]>
<![CDATA[Validity of Covernote Issued by Notary in Certificate Guarantee at Bank ]]>
<![CDATA[Avicena, Yusnika]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 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 analyze the validity of covernotes issued by notaries in guaranteeing certificates in banks and legal protection for banks and customers in the event of default in the use of covernotes as credit guarantees. The research approach method used in this thesis is the normative legal research method. The specifications of this study use descriptive analysis. The types of data used in this study are primary legal materials including the 1945 Constitution, the Civil Procedure Law, Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking, Law No. 4 of 1996 concerning Mortgage Rights, Law No. 8 of 1999 concerning Consumer Protection, Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, as well as secondary legal materials containing books, journals, and other supporting documents. Tertiary legal materials contain the Great Dictionary of the Indonesian Language, Encyclopedia. Data collection using literature study techniques. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the validity of the covernote as a credit guarantee by the bank is only as a temporary guarantee. Covernote is not evidence of collateral, only a statement issued by a notary due to urgent interests, and is always made by a notary based on the customs in issuing deeds or certificates that are still in the process such as mortgage certificates. And if a problem occurs, the bank can make a claim for the return of receivables from the debtor through mediation or filing a lawsuit in court. Legal protection for creditors and customers in the event of a default in the use of covernotes as credit guarantees is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Law, Legal protection for creditors is regulated in Article 11 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking.]]>
<![CDATA[The Legal Position of Indonesian in Foreign Business Contracts ]]>
<![CDATA[Maulana, Riski]]>;
<![CDATA[Lubis, Tiva Novianti]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research evaluates the legal status of the Indonesian language in foreign business contracts in Indonesia, considering its crucial role in the validity and enforceability of agreements in the current era of globalization. Using a normative juridical approach and case studies, this study found that despite the legal obligation, the implementation of using the Indonesian language is often hindered by the understanding of foreign parties, which can lead to legal disputes. Therefore, clear guidelines and intensive socialization efforts are needed to ensure compliance with these regulations, in order to support more effective legal policies and practices in the field of international business.]]>
