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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 14 Documents
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Search results for , issue "Vol 4, No 3 (2025): July 2025" : 14 Documents clear
The Principle of Presumption of Validity as Immunity and Legal Protection for Notaries in Making Authentic Deeds Nafisah, Durorun; Hafidz, Jawade; Djunaedi, Djunaedi
Jurnal Konstatering Vol 4, No 3 (2025): July 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 principle of presumption of legality as immunity and legal protection for notaries in making authentic deeds. The type of research is normative legal research using the statute approach, case approach, and conceptual approach derived from secondary data sources containing primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research, it is concluded that the Principle of Presumption of Validity (Presumptio Lustae Causa) means that a Notarial deed must be considered valid and binding on the parties until a party declares the deed invalid by filing a civil lawsuit with a general court. The Notarial Deed remains valid and binding on the parties or anyone interested in the deed, during and throughout the course of the lawsuit until a court decision has permanent legal force (inkrah). The parties who file a lawsuit with the court for the invalidity of the Notarial deed must be able to prove the invalidity of the Notarial deed from its external, formal, and material aspects. Preventive steps that must be adhered to and carried out by a notary in making an authentic deed so that they are free from civil sanctions and administrative sanctions are by complying with and implementing the provisions in the Notary Law.
The Validity of Notarial Deeds Using Cyber Notary in Making Authentic Deeds Based on Legal Perspectives in Indonesia Monika, Julia; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study employs normative legal research with a statutory, analytical, and theoretical approach. Secondary data includes primary legal materials (the Electronic Information and Transactions Law, the State Law on the Provision of State Assets, the Civil Code, and other implementing regulations), secondary legal materials (literature and previous research), and tertiary legal materials (dictionaries and encyclopedias). Library research was used as the data collection method, while prescriptive data analysis provides arguments and legal assessments of the findings. The results of this study are expected to provide both theoretical and practical contributions to the development of digital notary law in Indonesia. Theoretically, this research can enrich scientific studies in the legal field, particularly regarding the adaptation of notary legal norms to developments in information technology. Meanwhile, practically, the findings of this study are expected to serve as a reference for policymakers, notary professional organizations, and legal practitioners in formulating more comprehensive and applicable regulations related to the implementation of Cyber Notary, thereby ensuring legal certainty, legal protection, and efficiency in the implementation of notary duties in the digital era.
Legal Protection of Inheritance Rights of Children from Unregistered Marriages (Analysis of Supreme Court Decision No. 671 K/Ag/2015) Kathrin Makdalena BR Siregar, Widya; Listyawati, Peni Rinda; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. A valid marriage in Indonesia requires its implementation in accordance with religious law and registration by an authorized official for legal certainty. Children born from unregistered marriages have only a civil relationship with the mother and her family. However, the inheritance rights of children from unregistered marriages have undergone progressive development through jurisprudence. This study aims to analyze the legal status of inheritance rights of children from unregistered marriages within the context of legal certainty and to examine the legal protections afforded to these children. This research method uses normative legal research. The approaches used are the statute approach and the conceptual approach. The data type is qualitative, and the data sources are secondary data. The data collection method is through literature review, while data analysis is conducted descriptively. The research findings indicate that although unregistered marriages are religiously valid, the lack of administrative registration traditionally limits children's rights. However, Constitutional Court Decision No. 46/PUU-VIII/2010 has recognized the civil relationship of children with their biological fathers based on scientific or other evidence. Supreme Court Decision No. 671 K/AG/2015 further affirmed the inheritance rights of children from unregistered marriages, prioritizing the principle of substantive justice in accordance with Gustav Radbruch's Theory of Legal Certainty. Legal protection for children, as stipulated in Law No. 35 of 2014 concerning Child Protection, applies without discrimination based on origin. Legal remedies for obtaining legitimate child status for children from unregistered marriages include Marriage Confirmation in the Religious Court for Muslims, and marriage registration in the District Court for non-Muslims, which then facilitates the issuance of complete birth certificates. Nevertheless, challenges in the implementation and access to comprehensive children's rights remain, demanding more holistic and proactive policy reforms.  
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council Rizqi, Adella Fania; Arifulloh, Achmad; Widayati, Widayati
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens.
Comparative Distribution of Inheritance Assets Against Adopted Children Based on the Compilation of Islamic Law and Civil Law Aulia, Febriana Putri; Kusriyah, Sri; Suwondo, Denny
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to examine and analyze the legal status of adopted children regarding the distribution of inheritance assets in terms of the Compilation of Islamic Law and Civil Law, as well as to analyze the responsibilities of Notaries in making wills for adopted children. The approach method used in this study is a normative juridical approach. The specifications of this study use descriptive analysis. The type of data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature studies. The data analysis method used in this study uses qualitative analysis methods. The research results show that the distribution of inheritance to adopted children differs. This provision can be seen from the perspective of the Compilation of Islamic Law, as regulated in Article 209 of the Compilation of Islamic Law, which states that "...The granting of inheritance to adopted children through a mandatory will is a maximum of ⅓ of the inheritance assets "based on the decision of the Religious Court, then the mandatory will deed is made by a Notary,while the distribution of inheritance to adopted children referring to Staatsblad 1917 Number 129 considers adopted children to be equal to biological children but according to the Civil Code the child cannot be an heir so that in the inheritance of adopted children can be given the inheritance of adoptive parents through a testament by considering Legitimie Partice. The main difference between these two perspectives is that in the Compilation of Islamic Law the granting of inheritance to adopted children is limited to no more than 1/3 of the portion through a mandatory will, while in Staatsblad 1917 Number 129 adopted children are given the same rights as biological children. However, both have similarities, namely they have the right to receive property from their biological parents but the granting is done in different ways.
Legal Implications of Substantive Typing Errors in The Preparation of Notarial Deeds (RI Supreme Court Decision Number 1069 K/PDT/2020) Sulistyawali Prabesa, Putu Shannen
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The making of notarial deeds is an integral part of the civil law system in Indonesia which has perfect evidentiary power (authentic deeds). However, in practice, errors often occur in the process of making deeds, both formally and substantively, which can give rise to legal disputes in the future. This study aims to analyze the legal implications of substantive errors in the making of notarial deeds based on the Decision of the Supreme Court of the Republic of Indonesia Number 1069 K/Pdt/2020. This study uses a normative legal method with a statutory approach and a legal concept analysis approach. The data sources used are secondary data through literature studies including primary legal materials, secondary legal materials, and tertiary legal materials. Here, the data collection method uses the literature study method and is analyzed using the content analysis method. The results of the study indicate that substantive errors made by notaries, such as including identities or statements that do not comply with the wishes of the parties, can result in the cancellation of the deed as authentic evidence. In its ruling, the Supreme Court emphasized that substantive errors constitute a violation of the principles of prudence and notarial responsibility, which can result in legal consequences in the form of civil liability, even administrative or criminal sanctions. Therefore, notaries are required to carry out their official functions professionally, diligently, and in accordance with applicable laws.
Legal Responsibility for Land Deed Officials (PPAT) for Forgery of Land Sale and Purchase Deeds as The Basis for Transfer of Land Rights (Study of Decision Number 773/Pid.B/2021/Pn Smg) Dwi Saputra, Andy Bharata Yudha; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The preparation of a land sale and purchase deed by a Land Deed Making Officer (PPAT) is part of the legal procedure in the process of transferring land rights, which forms the basis for the legality of the transaction. However, in practice, there are cases where PPATs are involved in falsifying land sale and purchase deeds, which can be detrimental to the parties involved. This study aims to analyze the legal responsibility of PPATs regarding falsification of land sale and purchase deeds as the basis for transferring land rights, with a focus on the case study of Decision Number 773/Pid.B/2021/PN Smg. The type of research used is normative juridical, with a case-based and statutory approach, which examines the application of law in cases of land deed forgery. This research identifies legal violations committed by Land Deed Officials (PPAT) in falsifying land sale and purchase deeds and their impact on the transfer of land rights. Based on the analysis, it can be concluded that the actions of Land Deed Officials (PPAT) who falsify authentic deeds can be held accountable under civil, criminal, and administrative law. PPATs can be sued for compensation, subject to criminal sanctions under the Criminal Code, and administrative sanctions such as warnings or dismissal. A forged deed can give rise to disputes that can be brought to court, with claims for compensation under Article 1320 of the Civil Code, as in the case of Semarang District Court Decision Number 773/Pid.B/2021/PN.Smg which annulled a land sale and purchase deed due to signature forgery.
Analysis of the Evidential Strength of Notarial Deeds in the Activities of the Margi Rizki Demak Savings and Loans Cooperative Kurniati, Novita; Shallman, Shallman; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstrak. This study aims to analyze the evidentiary power of notarial deeds in the legality of the Margi Rizki Demak Cooperative and identify obstacles and solutions in processing notarial deeds for cooperatives. The urgency of this research lies in the strategic role of cooperatives in the Indonesian economy, particularly in supporting a mutual cooperation-based economy. The research method used is a normative and empirical juridical approach, by reviewing applicable regulations and interviews with notaries, cooperative administrators, and related parties. The results show that the Margi Rizki Demak Cooperative still relies on loan agreements with private deeds based on the principle of kinship, even though notarial deeds have stronger legal force in the evidentiary system. The main problems are the lack of understanding among members, the cost of preparation, and complex administrative procedures. Proposed solutions include legal education, administrative digitization, and collaboration with notaries to strengthen the legality and transparency of cooperative transactions.
The Role of Notaries in Efforts to Settle Disputes Over the Distribution of Inheritance Property in Batang Regency Adiyanto, Hanif; Riyanto, Taufan Fajar; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 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 the Role of Notaries in Efforts to Resolve Disputes over the Distribution of Inheritance in Batang Regency and to determine and analyze the Effectiveness of the Implementation of the Settlement of the Distribution of Inheritance in Front of a Notary in Batang Regency. The approach method in this study is a sociological juridical approach. Types and Sources of data use primary data, secondary data and tertiary data. Data collection uses primary data and secondary data. The data analysis method used is prescriptive analysis. The results of the research and discussion in this study are: 1) The implementation of the role of notaries in efforts to resolve disputes over the distribution of inheritance in Batang Regency has a significant contribution, especially in terms of making authentic deeds that serve as a strong legal basis to avoid future conflicts. Notaries act as neutral parties who provide legal consultation services, ensure clarity of the rights and obligations of the heirs, and assist in the effective mediation process so as to accelerate the peaceful resolution of disputes. However, there are still obstacles in the form of a lack of public understanding of the importance of notary involvement in the inheritance distribution process, as well as limited access for some communities in remote areas. 2) The implementation of the settlement of inheritance distribution before a Notary in Batang Regency shows varying effectiveness depending on several factors such as the level of public understanding of inheritance law (both Islamic law and civil law), the participation of dispute resolution institutions such as Religious Courts and traditional leaders, as well as legal awareness and the will to peace from the heirs. In practice, there are still significant obstacles, such as the lack of valid supporting documents, inconsistencies in heir data, and the existence of prolonged internal family conflicts. However, on the other hand, mediation efforts, both informally facilitated by community leaders and formally through judicial institutions, have shown a positive contribution in accelerating the resolution of inheritance disputes.
Legal Aspects of Cooperation Agreements with the Right to Buy Back Shares Accompanied by a Power of Attorney to Sell Under Hand sholikah, Dianita Imroatus; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Limited liability companies often require additional capital for business development, one solution is to enter into a cooperation agreement with investors through a share return mechanism. The cooperation agreement is made accompanied by a temporary transfer of shares to a second party, with a provision for the first party to repurchase the shares after the cooperation period ends, a practice like this is commonly found in the environment of closed limited liability companies. In this practice, it is also generally accompanied by the granting of a power of attorney to sell from the second party to the first party as a form of guarantee for the implementation of the share return. This study aims to examine the legal aspects of the cooperation agreement, assess the validity of the power of attorney to sell in transferring shares back to the original party, and analyze this practice based on the theory of legal certainty and utility. The research method used is a normative juridical method with a statutory and conceptual approach. Based on the research results, cooperation agreements containing share repurchase clauses are essentially valid under civil law as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. However, the use of an irrevocable power of attorney to sell privately for the purpose of returning shares raises potential legal issues and opens up room for legal uncertainty in their implementation. From a utility theory perspective, this can provide efficiency and practical benefits for the parties, provided that the rights and obligations of the parties are clearly regulated and there is balanced legal protection.

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