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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 4, No 2 (2025): April 2025" : 11 Documents clear
Implementation of the Principle of Caution by Land Deed Officials in Making Deeds to Prevent Land Disputes in North Sulawesi Province Bin Syeban, Salim Filza Taufiq; Purnawan, Amin
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract.The purpose of this study is to determine and analyze the application of the principle of caution of Land Deed Officials in making deeds to prevent land disputes and to determine and analyze the responsibility of Land Deed Officials who do not apply the principle of caution in making deeds. The method used by the researcher is empirical juridical with an empirical approach. The specifications of this study are descriptive analytical. The types of data used are primary data sourced from field studies and secondary data sourced from materials obtained from literature studies. Based on the results of the study that: 1) Land Deed Officials in North Sulawesi apply the principle of caution in making deeds to prevent land disputes as mandated by Government Regulation Number 37 of 1998 as amended by Government Regulation Number 24 of 2016 concerning Land Deed Officials and its implementing regulations. Among the implementation of the principle of caution carried out by PPAT are: first, reading and explaining the contents of the deed to the parties, second, not making a deed for himself and his family, third, carrying out the obligation to check the conformity/validity of the certificate and other records at the Land Office and fourth, rejecting the making of a deed that is not based on formal data. 2) The responsibility of the Land Deed Making Officer who does not implement the principle of caution in making a deed is ethical/moral responsibility and legal responsibility. Legal responsibility is divided into civil responsibility, criminal responsibility and administrative responsibility.Keywords: Land Deed Makers; Legal Accountability; Principle of Prudence; Officials.
Legal Protection for Land Buyers Who Have Not Registered the Transfer of Land Rights After the Seller is Declared Bankrupt by the Commercial Court at the District Court Rachmawan Mapareppa, Andi; Djunaedi, Djunaedi
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. Developers who have been declared bankrupt can cause various legal consequences for the community, one of which is home buyers. Home buyers have made a Sale and Purchase Agreement with the developer. However, if the developer goes bankrupt, the house becomes bankrupt property as long as it is still recorded as a PPJB and the purchase has not been carried out by AJB before the PPAT. In this article, the author wants to examine the legal protection for home buyers if the developer is declared bankrupt. Purposeof this study is to analyze: 1) How is the Legal Force of the Deed of Sale and Purchase Agreement (PPJB) against the Deed of Sale and Purchase (AJB) that has not been made by a notary because the developer is bankrupt 2) How is the Legal Protection for Land Buyers Who Have Not Registered the Transfer of Land Rights After the Seller is Declared Bankrupt by the Commercial Court at the District Court? 3) What are the Settlement Steps that must be taken by the Curator to protect the interests of the Buyer? This type of research is normative legal research. The approach method in this study is a Qualitative approach. The types and sources of data in this study are primary and secondary data obtained through literature studies and documentation. The results of the study are that in filing Other Lawsuits starting from the Registration of Lawsuits that must be filed by an advocate, Lawsuits must be filed with the Chairman of the Commercial Court at the District Court, the trial process is held within a maximum period of 20 days from the date of registration. Keywords: Agreement; Bankruptcy; Law; Protection.
Implementation of Administrative Sanctions Against Notaries for Formal Negligence in Making Authentic Deeds Chairil, Chairil; widayati, widayati
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to examine the form of formal negligence committed by the Notary WP in making the Deed of Lease Agreement Number 97 of 2021, analyze the application of administrative sanctions by the Notary Supervisory Board, and evaluate the legal consequences of issuing a copy of the deed based on the minutes that were not signed by all parties. This study uses a normative and empirical legal approach. Data were obtained through literature studies, legal documentation, and interviews with the Notary and the Kolaka Regional Supervisory Board. Based on the results of the study, it was found that the Notary issued a copy of the deed without a complete signature on the minutes, which is a violation of Article 44 paragraph (5) of the Notary Law. Administrative sanctions in the form of temporary suspension for three months were imposed by the Central Supervisory Board as a form of guidance. Legally, the deed no longer has the force of an authentic deed and only stands as a deed underhand, which can create legal uncertainty and reduce the credibility of the Notary.
Legal Position of Buy Buck Guarantee Agreement in Guaranteeing Home Ownership Credit Facilities at PT. Bank Tabungan Negara, Sharia Branch, Kendari City Alghifary, Dhio Alif Utama; Adillah, Siti Ummu
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
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 legal position of the buy back guarantee agreement as collateral in home ownership credit at PT. Bank Tabungan Negara Cabang Syariah Kota Kendari, to determine and analyze the legal protection of users (customers) in the Buy Back Guarantee for down payments that have been paid to developers and credit installments that have been paid to the bank. The approach methods in this study are the statutory approach (Statue Approach), Conceptual Approach (Conceptual Approach), and Case Approach (Case Approach). This type of research is an empirical legal research. The types and sources of data in this study are primary data and secondary data which include primary legal materials, secondary legal materials and tertiary legal materials. The primary data collection method uses observation and interviews, for secondary data using document studies and literature studies. The data analysis method uses qualitative descriptive, using the theory of legal protection, the theory of legal certainty and the theory of justice. The results of the study indicate that the legal position of the buy back guarantee agreement as collateral in home ownership credit at PT. Bank Tabungan Negara Cabang Syariah Kota Kendari is the position of the buy back guarantee agreement as an accessoir agreement, namely pancillary agreements and their existence are intended to support the main agreement, so that if the main agreement is cancelled, the accessory agreement (liability rights) will also be cancelled. And the legal protection of users (customers) in the buy back guarantee for down payments that have been paid to the developer and credit installments that have been paid to the bank is the legal protection of users/customers in the buy back guarantee has not been legally protected because it has not been regulated in the legislation. Therefore, down payment payments to developers and credit installments to banks cannot be returned and become the risk of the user/debtor.Keywords: Agreement; BuyBack; Guarantee; Position.
Urgency of Changing the Notary Law as a Form of Legal Protection for Notaries and Their Clients Aqil, Muhammad Zumri; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 2 (2025): April 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 force of the Notary Law in providing legal protection for notaries and their clients at this time. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients. This type of research is included in the scope of normative legal researcp. This type of research is normative legal researcp. The approach method in this study is the Legislation approach (statue approach). The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the Notary Law in providing legal protection for notaries and their clients at this time, namely Protection for notaries is reflected in the regulation of authority in Article 15, the summons mechanism in Article 66, and supervision through the Notary Supervisory Board as regulated in Articles 67–81. Meanwhile, clients receive legal guarantees through Article 16 which affirms the independence of notaries, Article 54 which regulates the confidentiality of deeds, and Articles 84–85 which give clients the right to claim compensation in the event of a violation. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients, namely one change needed is strengthening the mechanism for summoning notaries by law enforcement officers in Article 66, by setting a time limit for the Notary Honorary Council (MKN) to provide approval to prevent potential abuse of authority. In addition, Article 15 needs to be updated to accommodate the legality of electronic deeds, so that notaries can adapt to technological developments and provide more efficient services. In order to ensure transparency and certainty for clients, Article 16 must regulate the obligation of notaries to include a list of official fees, so as to prevent illegal levies that can harm users of notary services. In terms of law enforcement, Article 85 needs to be strengthened with stricter sanctions, such as the implementation of administrative fines and a blacklist system for notaries who are proven to have committed serious violations. Keywords: Client; Legal Protection, Notary; UUJN. 
Settlement of Credit Agreements, For Debtors Who Deceased With Life Insurance Claims (Study Putusan Mahkamah Agung Nomor: 3079 K/Pdt/2019) Aprillus Riwu, Hary Agung; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study, entitled Legal Review of Credit Settlement from Deceased Debtors with Life Insurance Claims (Study of Supreme Court Decision Number: 3079 K/Pdt/2019), this study aims to determine the implementation of credit settlement from deceased debtors with life insurance claims based on Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance and to determine the legal protection for debtors for non-payment of claims by insurance companies against credit submitted by debtors. The approach method in this research is normative juridical, namely research conducted by emphasizing applicable regulations and literature or books related to legal relations, especially regarding. Based on the research results, it can be concluded that the implementation of credit settlement from deceased debtors with life insurance claims based on the Republic of Indonesia Law Number 40 of 2014 concerning Insurance depends on the contents of the insurance agreement stated in the insurance policy itself. And based on the Republic of Indonesia Law Number 40 of 2014 concerning Insurance Article 31 Paragraphs (3) and (4) in submitting claims, insurance companies are required to handle claims and complaints through a fast, simple, easily accessible, and fair process and are prohibited from taking actions that can slow down the settlement or payment of claims, or not taking actions that should be taken so as to result in delays in the settlement or payment of claims. Legal protection for debtors for non-payment of claims by insurance companies against credit submitted by debtors is regulated in Article 70 of Law Number 40 of 2014 concerning insurance that the Financial Services Authority has the authority to impose administrative sanctions on insurance institutions that violate the provisions of laws and regulations, and matters that cannot be violated have been clearly stated one by one in Article 71 of Law Number 40 of 2014 concerning Insurance.Keywords: Credit; Death; Insurance; Life.
Implementation of the Obligations and Responsibilities of Notaries in Providing Social Services According to Their Position in the City of Cirebon Kamaluddin, Muhammad Risyad; Taufiq, Muhammad
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
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 Implementation of Notary Obligations and Responsibilities in Providing Social Services According to Their Position in the City of Cirebon and analyze what obstacles are encountered when implementing Notary Obligations and Responsibilities in Providing Social Services. This type of research is an empirical legal research. The approach method in this study is a Qualitative Approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is Descriptive Analytical. Based on the results of the study, it was concluded that the legal regulations regarding notary obligations in providing social services to the poor are contained in Article 37 paragraph (1) UUJN and Article 3 paragraph (7) of the Notary Code of Ethics. In practice, Notary Lia Amalia, SH, has carried out her 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 regarding the services of a Notary as being very expensive. Keywords: Poor People; Notary; Responsibility; Social Services; Obligations. 
Responsibility and Legal Protection for Elderly Notaries for Authentic Deeds They Make Nurrachman, R. Ali
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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A notary is a public official who has the authority to make authentic deeds that have the force of legal evidence.The problems in this thesis are 1)What are the responsibilities of a notary who has retired for the authentic deeds he has made? 2) What is the form of legal protection for a notary after retirement for the authentic deeds he has made?The aim of this research is to find out and analyze the legal responsibilities and protection for notaries.When a notary has entered retirement, the issue arises regarding the continuation of legal responsibility for the deeds that have been made, and the extent to which legal protection still applies to him. This study aims to analyze the form of legal responsibility of a notary public for authentic deeds that they have made and how legal protection is provided after the term of office ends. Method used in the researchThis is a sociological legal approach with a descriptive qualitative method. The results of the study indicate that even though the notary's term of office has ended, the responsibility for the deeds made remains attached to him according to the provisions of Article 65 of the UUJN. However, legal protection for retired notaries is not as strong as when they were still active, resulting in a vacuum of norms and potential legal uncertainty. Therefore, a more stringent legal regulation is needed regarding the limits of responsibility and legal protection for notaries after retirement so that legal certainty and justice can be realized.
Legal Aspects of Electronic Storage of Notarial Deed Minutes Azza Baharuddin, Alief; Hanim, Lathifah
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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UUJN Amendment Article 1 Number 1 defines a notary as a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. UUJN Amendment Article 16 paragraph (1) letter b states that in carrying out his/her position, a notary is required to make a deed in the form of minutes of the deed and store it as part of the notary protocol. The purpose of the study was to determine and analyze the legal aspects (regulations) of storing minutes of notary deeds electronically and to determine and analyze how to overcome data leaks of minutes of notary deeds stored electronically. The type of research is in the form of normative legal research with a statutory approach method supported by secondary data sources through library data collection and using a prescriptive analysis method. The results of the study are: (1) The legal aspects of storing minutes of notary deeds electronically are proven by the Notary Law not being able to keep up with technological developments that facilitate and provide security for notaries in carrying out their obligations, because there are no norms that regulate notaries so that they can store minutes of deeds electronically. (2) The method for dealing with leaks of notarial deed minutes data stored electronically is to scan the deed minutes file which is then stored on an external hard disk to accommodate the deed minutes document throughout the notary's term of office, create a special deed minutes storage server owned by the notary through the notary professional organization at each regional level and access to view notarial deed minutes stored electronically is only given to parties who have authority over the deed minutes such as notaries and the notary supervisory board which consists of government elements, notary elements and expert or academic elements.
Legal Review of the Four Orderly Land Procedures in the Field of Absentee Land Ownership Setyawan, Joseph Ryan; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract.This study aims to analyze: 1) Implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency. 2) Obstacles and solutions in the implementation of the Catur Tertib Pertanahan program in overcoming absentee land ownership in Demak Regency. This type of research is included in the scope of empirical legal researcp. The approach method in this study is a sociological legal approacp. The types of data in this study are primary and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interview and literature techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency aims to create legal certainty, equal distribution of land control, and optimal land use in accordance with the principles of social justice. Various regulations have regulated the prohibition of absentee land ownership, including Law Number 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation Number 224 of 1961. Local governments, through the National Land Agency (BPN) and related agencies, conduct data collection, supervision, and land redistribution to ensure that land owned absentee can be allocated to farmers who need it more. However, the implementation of this policy still faces various challenges, especially in terms of law enforcement, land administration, and social and cultural factors in the community. 2) The implementation of this program faces several obstacles, including legal loopholes that allow landowners to avoid regulations, weak law enforcement, and lack of validity of land ownership data. In addition, limited coordination between institutions and low legal awareness in the community also hamper the effectiveness of this policy. To overcome these problems, solutions that can be applied include revising regulations to strengthen rules and sanctions, increasing supervision through digital systems, and optimizing coordination between local governments, BPN, and law enforcement. Education and outreach to the community also need to be improved so that understanding of this policy is broader. With these various strategic steps, the implementation of the Catur Tertib Pertanahan in Demak Regency can run more effectively in overcoming absentee land ownership, so that land distribution becomes fairer and its utilization is more optimal.Keywords: Absentee Land; Election; Land; Rights; Orderly Chess.

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