cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sumain
Contact Email
jurnalkonstatering@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
jurnalkonstatering@unissula.ac.id
Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia.
Location
Kota semarang,
Jawa tengah
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 14 Documents
 1   2 
Search results for , issue "Vol 4, No 3 (2025): July 2025" : 14 Documents clear
Notary's Responsibility for Errors in the Authentic Deed Making Process Yuhana, Shaza Refa; Hanim, Lathifah; Gunarto, Gunarto
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study aims to analyze the notary's responsibility for errors in the process of making authentic deeds based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. This study uses a sociological juridical approach with descriptive analytical research specifications, using primary and secondary data collected through literature studies and interviews, then analyzed qualitatively. Based on the study, it is concluded that notaries have legal responsibilities that include civil, criminal, and administrative aspects when errors occur in the process of making authentic deeds. Errors can be categorized into five types, namely errors related to the parties present, the object of the deed, the content of the deed, the formality of the deed, and the notary protocol. The legal implications of these errors can result in the deed being canceled, null and void, or only having evidentiary force as a private deed. The analysis of the case of the High Court Decision Number 166/PDT/2018/PT YYK shows that a simulated deed can be declared null and void and provides legal certainty. Error prevention can be done through a thorough understanding of the regulations, caution, thoroughness in carrying out duties, and proper notary protocol keeping.
Legal Formulation Policy for Deeds Issued by Temporary Land Deed Officials (PPATS) Mashuri, Mashuri; Sri Darmadi, Nanang; Hafidh, Muhammad
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. PPATS becomes incompetent in making all forms of real deeds compared to Notaries or PPATs who obtain their positions through legal education and internships at the BPN office or at PPAT, so that the position of Notaries and PPATs is better than PPATS, so a legal formulation is needed that can regulate the limits of PPATS's authority in carrying out duties as PPAT. The research discussion includes two things, firstly how to register deeds (transfer of land rights) registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and how is the concept of legal formulation regulating the registration of land deeds registered by Temporary Land Deed Making Officers in the future. This study aims to analyze the registration of land transfer deeds registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration. To find the right legal formulation for Temporary Land Deed Makers (PPATS) in the future. Approach Method used by the researcher in this thesis The type of research used by the author in this thesis is normative legal research. The types and sources of data used are primary, secondary, and tertiary data sources. The data collection method is a literature study, the research data analysis method carried out by the author is prescriptive. The results of the research and discussion show that: First, the PP on Land Registration does not regulate the authority of Temporary PPAT to register land transfer deeds while the authority of Temporary PPAT is obtained from the PP on PPAT Position which gives authority to Temporary PPAT to act as PPAT. Second, PPAT in Indonesia as a whole has begun to emerge and even in some areas the quota for PPAT is full, so there is no need to worry if PPATS is abolished in the legal regulations in Indonesia because with the large number of PPATs spread across various provinces in Indonesia, it would be better to optimize the distribution of the number of PPATs in 33 provinces in Indonesia by limiting PPATs to choose their legal work area and giving authority to BPN to regulate the distribution of PPATs in areas where there are no PPATs yet.
The Role of a Notary in the Implementation of Credit Agreements and Settlement of Defaults with a Mortgage Right Guarantee Rahmatillah, Ananta Mega; Witasari, Aryani; Shallman, Shallman
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study aims to analyze the role of notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021. and to analyze the obstacles faced by notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021 and their solutions. This study uses a normative juridical research approach. The specifications in this study are descriptive analysis. The theories used include the theory of authority and the theory of legal certainty. Based on the research, it is concluded that the role of notaries who also serve as Land Deed Officials (PPAT) in resolving defaults in credit agreements with collateral rights, as reflected in Supreme Court Decision Number 42 PK/TUN/2021. Notaries not only play a role in making authentic deeds such as sales and purchase deeds and deeds of granting mortgage rights, but also bear preventive legal responsibility to ensure that the collateral object is truly valid both formally and materially. Repressive aspects, Notaries play a role in providing information or becoming expert witnesses in court when the validity of authentic deeds they have made is questioned. Failure by notaries to implement the principle of prudence, such as not verifying land status, physical ownership, or potential disputes, can result in the issuance of legally flawed deeds and lead to the cancellation of mortgage rights and the loss of the bank's preferential rights as a creditor. (2) Internal obstacles include negligence on the part of banks that accept Land Ownership Certificates (SHM) without conducting due diligence, as well as weak integrity and professional ethics from notaries/PPATs who do not verify the validity of the collateral object thoroughly. External obstacles come from the BPN which is negligent in verifying the physical and legal status of the land before issuing SHM, as well as from customers who deliberately hide information about the status of disputes or unclear ownership history of the land used as collateral. Solutions include joint checks on the collateral object by banks, notaries/PPATs, and debtors; strengthening ethical guidance and supervision by professional organizations for notaries/PPATs; strict internal audits at the BPN before issuing certificates; as well as legal education to customers regarding the importance of transparency and validity of guarantee documents.
Legal Protection for Buyers in Good Faith in Land Sale Agreements Under Hand Without The Presence of The Seller (Case Study of Court Decision Number 81/PDT.G/2024/PN.Son) Rusilah, Eni; Arifulloh, Achmad; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A buyer in good faith is a buyer who is unaware of any defects or flaws in a sale or purchase. Legal protection for buyers in good faith is based on Article 1338 of the Civil Code concerning agreements that must be executed in good faith and SEMA Number 7 of 2012, which guarantees legal protection for buyers in good faith. This research uses a case approach and a statute approach. Efforts to gain clarity and understanding of the problem based on court decisions and judges' considerations. Secondary data Obtained from library materials, the data is usually arranged in the form of documents including books, documents, research results embodied in reports and so on. Obtained from primary, secondary and tertiary legal materials. The results of the study show that the legal protection of buyers in good faith is based on Court Decision Number 81 / PDT.G / 2024 / PN.Son, namely stating that the buyer (Defendant) is a buyer in good faith and stating that the Defendant's actions are acts of breach of promise (Wanprestasi), this is in accordance with the theory of preventive legal protection which means that the buyer obtains the land rights in good faith based on the sale and purchase agreement. The judge's legal considerations in this case are in line with the theory of legal certainty, namely conducting a local inspection, to find facts in the field, and conducting an examination of evidence and witnesses and conducting an analysis of the sale and purchase agreement. The decision of the District Court at Level 1 has not yet become final, if there is an appeal, the results of this decision can be inversely proportional to the next decision.

Page 2 of 2 | Total Record : 14

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 4, No 3 (2025): July 2025 Vol 4, No 2 (2025): April 2025 Vol 4, No 1 (2025): January 2025 Vol 3, No 4 (2024): October 2024 Vol 3, No 3 (2024): July 2024 Vol 3, No 2 (2024): April 2024 Vol 3, No 1 (2024): January 2024 Vol 2, No 4 (2023): October 2023 Vol 2, No 3 (2023): July 2023 Vol 2, No 2 (2023): April 2023 Vol 2, No 1 (2023): January 2023 Vol 1, No 4 (2022): October 2022 Vol 1, No 3 (2022): July 2022 Vol 1, No 2 (2022): April 2022 Vol 1, No 1 (2022): January 2022 More Issue