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INDONESIA
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 22 Documents
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Search results for , issue "Vol 4, No 1 (2025): January 2025" : 22 Documents clear
Copyright Problems of Lasem Hand-drawn Batik as an Object of Fiduciary Guarantee in Rembang Regency Kholifatul Aziz, Elfira Nur; Mashdurohatun, Anis
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract.This article aims to examine and analyze the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees and the problems and solutions in the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees in realizing the creative economy in Rembang Regency. This article is an empirical juridical legal research with the statue approach and historical approach methods. The data collection technique used is a field study in the form of observation and interviews as well as a literature study. The data analysis method used in analyzing the data is an interactive qualitative model analysis. The results of the study show that results of the research and study show that until now there has been no Banking or non-banking Institution that has implemented Intellectual Property such as copyright of Lasem batik artwork as an object of fiduciary guarantee or collateral. The non-implementation of intellectual property-based financing is due to several problems, namely regarding regulations, related Institutions or Officials, the concept of valuation and special Institutions for Intellectual Property valuation, the Copyright execution system as an object of fiduciary guarantee and for Creative Economy Actors. From the problems faced, there are solutions that can be done, including: 1) Renewal of regulations, 2) Increasing knowledge and understanding of related Institutions and officials, 3) Establishing a valuation system and special Institution to assess appropriate copyright, 4) Preparing a mechanism for executing Copyright as an appropriate and correct object of fiduciary guarantee and 5) increasing awareness of creative economy actors regarding the legal protection of Copyright.Keywords: Batik; Copyright; Fiduciary; Guarantee; Problems.
The Role of Notaries in The Limited Liability Company Registration Process Through Online Ahu Services in Tegal Regency Algusti, Muhamad Gemas; Setyawati, Setyawati
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze the role of notaries in the process of registering Limited Liability Companies (PT) through the AHU Online system in Tegal Regency, as well as to identify obstacles and solutions faced in its implementation. This study uses a juridical-empirical approach with legal analysis and field data. The sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by notaries. Primary data were obtained from interviews with notaries, while secondary data were collected from legal sources and related literature. Qualitative analysis was used to describe the phenomenon and understand the role and responsibilities of notaries in technology-based PT registration. The results of the study indicate that notaries have a crucial role in ensuring legal certainty in PT registration through the AHU Online system, despite facing internal and external obstacles. The obstacles found include a lack of understanding of the system, technical problems, and a lack of technical support. This study recommends increased training, improvements in technological infrastructure, and closer collaboration between notaries, AHU managers, and the government to improve efficiency and quality of service.
Implementation of Pro Bono Notary Legal Services for the Poor in Grobogan Regency Utami, Dwi Risky Faulam; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Indonesia, as a country based on law as mandated in Article 1 paragraph (3) of the 1945 Constitution, stipulates that all aspects of national and state life must be based on law. This country based on law requires the protection and fulfillment of legal rights for all citizens without exception, including the right to legal aid. Within the framework of this country based on law, the role of notaries as public officials who carry out part of the state's functions is very important, especially in providing fair and equitable legal services. The author conducted the research with the aim of finding out and analyzing the implementation of the provision of free pro bono notary legal services in Grobogan Regency and analyzing what obstacles were encountered when implementing pro bono notary services. To find out the above objectives, the author used an empirical legal research type. Data sources were obtained from several stages, namely through field research (interviews) and library research. Data analysis in a systematic manner includes data reduction, data presentation and drawing conclusions. Based on the research results, it was concluded that the legal regulations regarding the notary's obligation to provide free legal services to the poor are contained in Article 37 paragraph (1) of the UUJN and Article 3 paragraph (7) of the Notary Code of Ethics. In practice, Notary Mulyono, S.H., M.Kn has carried out his obligations in accordance with the provisions of the Notary Law, legal services are not only provided to poor clients but also provided for foundation activities, activities in the social, humanitarian and religious fields. Notaries assess the poor based on humanity and conscience. Meanwhile, the obstacles encountered are that the provisions in Article 37 paragraph (1) of the UUJN do not explain in detail the procedures and who is said to be able to receive legal assistance to determine whether someone is eligible or can be exempted from fees, and there is still a lot of stigma in society considering that notary services are very high.
Legal Protection for Notaries in Implementation Tax Amnesty for Taxpayers Who Are Suspected of Committing Money Laundering Criminal Act wardani, Rika Kurnia
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The Tax Amnesty Program in Indonesia, although aimed at improving tax compliance, has the potential for abuse and legal risks for notaries involved in making property declaration deeds. Although notaries have a crucial role in verifying taxpayers' documents and identities, the existing legal protection is not yet fully adequate, especially if the taxpayer is suspected of committing money laundering (TPPU). Therefore, this study aims to analyze legal protection for notaries in the context of Tax Amnesty and identify legal loopholes that need to be fixed. The sociological legal research method was used, including analysis of related regulations (Notary Law, TPPU Law, KUP Law, and other regulations) as well as observation of field phenomena. The results of the study indicate the need to strengthen legal protection for notaries through more comprehensive and clear regulations, as well as transparent and accountable supervision mechanisms. This study concludes that stronger legal protection is essential to prevent notaries from getting caught up in legal problems due to taxpayers' actions, while also ensuring that notaries' duties are carried out optimally. Therefore, it is recommended to revise regulations, increase supervision by professional institutions, and provide special training for notaries to understand and minimize legal risks related to TPPU.Keywords: Legal Protection; Notary; Tax Amnesty; TPPU.
Urgency of Providing Shares to Local Communities in Mineral and Coal Mining Activities Rachmawati, Ani
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Providing shares to local communities in mineral and coal mining activities is very important. The position of the community as a party that is very potentially harmed in mining activities, is something that cannot be avoided even though they are permanent residents and even all natural losses will have an impact on the community. This study aims to conduct a study and analysis of the importance of providing shares to local communities in mineral and coal mining activities. The formulation of the problem in this study consists of: First, How are the problems of local community welfare whose areas are areas of mineral and coal mining activities. Second, How is the urgency of providing shares to local communities in mineral and coal mining activities. The research method used is doctrinal legal research with a statutory and conceptual approach. The results of this study conclude that: First, the problems of local community welfare in mineral and coal mining are that there are extraordinary social impacts such as environmental damage and the emergence of economic disparities caused by the management of nickel and coal mining solely to improve the welfare of entrepreneurs. Second, so far, CSR in its implementation has not been able to improve the welfare of the people in the nickel and coal mining areas. This shows that it is time for the public to be given shares in every nickel and coal company, because only then will there be legal certainty to obtain prosperity.
Paradigm Shift Regarding The Meaning of Appearing Before a Notary in The Cyber Notary Context Fidiyani, Nuraeni; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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 Abstract. Paradigm shift can refer to a fundamental change in the form of perspective, mindset, or conceptual framework used to understand, explain, or solve a problem. The essence of cyber notary itself can be interpreted as a notary who carries out his duties or authority based on information technology, this is not only the legality of using a cell phone for communication between a notary and his client but also relates to the duties and functions of a notary, especially in making deeds. This study uses a normative legal research method. The approach methods in this study are the statutory approach, the conceptual approach, and the theoretical approach. The data sources used in this study are secondary data sources, while the data analysis used is prescriptive data analysis. The results of this study are First, regarding the paradigm shift regarding the meaning of appearing before a notary in the context of cyber notary, it cannot be described in detail and in detail how the shift takes place because the Notary Law, the Civil Code itself has not regulated the existence of digital face-to-face in the concept of cyber notary, so it can only be described roughly regarding the use of video teleconferences such as zoom, cameras, cell phones, CCTV but it is emphasized that the parties must remain present. Second, regarding legal certainty regarding deeds made in the cyber notary concept, it can be seen that there is no legal certainty because the Notary Law does not regulate notaries working as cyber notaries.Keywords: Cyber Notary; Facing Digitally; Paradigm Shift.
Optimization of Land Services Through Adoption of Electronic Land Certificates Oktavianto, Ridho; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
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 certainty of electronic land certificates in order to optimize land services. 2) The impact of the adoption of electronic land certificates on the security of data related to land ownership. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources 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 legal certainty of electronic land certificates in order to optimize land services plays an important role in efforts to optimize land services in Indonesia. Electronic land certificates, which have been regulated through various regulations such as the Regulation of the Minister of ATR/BPN Number 3 of 2023 and supported by provisions in the ITE Law and the Job Creation Law, provide a guarantee of legality and legal validity that is equivalent to conventional land certificates. This ensures that transactions or disputes involving electronic documents can be recognized and resolved legally. 2). The impact of the adoption of electronic land certificates on the security of data related to land ownership, namely from the positive side, the technology used, such as encryption and digital signatures, ensures the integrity and confidentiality of land data. This electronic system allows for centralized storage that reduces the risk of physical data loss due to damage or disaster. In addition, the verification process becomes more efficient and accurate, reducing the potential for disputes related to land ownership. However, this adoption also presents challenges, such as the threat of hacking that requires high-level cybersecurity, dependence on reliable technological infrastructure, and the need to educate the public to understand and utilize this system properly. By strengthening the security system and increasing public awareness, electronic land certificates can improve the efficiency of land services while providing better legal protection for community land rights.Keywords: Certificate; Electronic; Optimization.
The Occurrence of a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Notary's Deed of Sale and Purchase in Semarang Regency Zahra, Nabila Kartika; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The land sale and purchase process must be made in the form of an authentic deed made by an authorized official, in this case a Notary and/or PPAT (Land Deed Making Official). In a sale and purchase, there is a transaction price that must be stated in the deed. However, the price stated in the Sale and Purchase Agreement deed does not match the actual transaction price. The purpose of this study is to analyze: 1) Why There Is a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement. 2) How to Anticipate So That There Is No Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement.This type of research is empirical legal research. The approach method in this research is a Qualitative approach. 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 Analytical. The results of the study found that the factor of the difference in transaction prices was to avoid high taxes so that the parties wanted to include a cheaper price in the Notary Sale and Purchase Agreement compared to the actual transaction price. To anticipate this, namely by integrating the National Land Agency (BPN) with the Regional Finance Agency (BKUD), this will make it easier to carry out land sales and purchases.Keywords: Buying; Notary; Selling; Transaction.
Notary's Responsibility in Making a Cover Note as a Basis For Disbursement of Consumer Financing at Bank Syariah Indonesia in The Lampung Area Maturohmah, Nur Naim
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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A notary is a public official who is authorized to make authentic deeds and has other authorities regulated in a special law, namely the Notary Law. A notary can make a statement letter in the process of providing financing by a bank which is also called a Cover Note, which is a custom in the banking world as well as being a means of evidence and a reference for both the bank and the notary himself. The contents of the Cover Note consist of what work the notary does, the time period for completing the notary's work. The problems in this study are 1) How is the notary's responsibility in making a Cover Note as the basis for disbursing financing at Bank Syariah Indonesia Lampung Area? 2) What are the legal consequences for the notary for the cover note that has been made for the disbursement of financing at Bank Syariah Indonesia Lampung Area? The research method used is juridical-empirical. While this research is descriptive-analytical. This study aims to determine how the notary's responsibility is in completing his work as stated in the Cover Note and the legal consequences for the notary for the Cover Note that has been issued. The theories used are the Theory of Legal Responsibility and the Theory of Legal Protection. Until now, there has been no specific regulation governing the Notary's obligation to issue a Cover Note so that the Notary can be held personally responsible because it is related to the Notary's reputation risk to the bank, but if the information conveyed in the Cover Note causes a loss, the Notary can be held legally responsible, both civilly and criminally.
Policy on Providing Compensation for Fixed-Term Work Agreements (Pkwt) Based on the Job Creation Law Novyaningsih, Eka Suprihatin Ernie; Arpangi, Arpangi
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The purpose of this study is to determine and analyze the compensation policy for Fixed-Term Employment Agreements (PKWT) based on the Job Creation Law. To determine and analyze the implementation of Fixed-Term Employment Agreements (PKWT) after the Job Creation Law came into effect. The approach method used by the researcher is the case approach and the statutory regulatory approach. The type of research used is normative juridical. The data sources in this study are secondary data obtained from literature studies related to the theory of legal protection and the theory of legal certainty. Based on the results of the study, the Compensation Policy for Fixed-Term Employment Agreements (PKWT) based on the Job Creation Law states that in providing compensation money, employers are required to provide compensation money to PKWT workers who have a work period of at least 1 (one) month continuously. Workers/laborers should have the same right to compensation money without discrimination. The calculation of the amount and amount of compensation funds that can be provided has been regulated in Government Regulation Number 35 of 2021 Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Time, and Termination of Employment. The implementation of Fixed Term Employment Agreements (PKWT) after the Job Creation Law came into effect still faces several challenges, such as: unclear regulations, rushed implementation, freedom to determine the term of the employment agreement, compensation regulations that do not fully provide benefits to workers.

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