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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 25 Documents
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Search results for , issue "Vol 4, No 4 (2025): October 2025" : 25 Documents clear
Legal Certainty of Marriage Agreements that Were Not Registered After the Constitutional Court Decision Number 69/Puu-Xii/2015 Marhongki, Hendri; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Marriage Law has facilitated couples to make marriage agreements. Before the Constitutional Court Decision No. 69/PUU–XII/2015, the public was more familiar with it as a prenuptial agreement. Basically, the creation of a marriage agreement regulates the assets owned by each husband and/or wife before the marriage takes place, during the implementation of the marriage relationship, the division of responsibilities for paying debt agreements, the transfer of assets, and the division of assets in the event of a divorce. 2 As stated in Article 29 paragraph (1) of the Marriage Law which states that both parties (husband and wife) with mutual consent can enter into a written marriage agreement which agreement will then be ratified by a marriage registrar. The marriage agreement will also apply to third parties if there is a connection found in the contents of the agreement. The research method used is normative legal research. The approach method used in this research is a case study approach and a statutory approach. Data analysis is an activity in research that takes the form of conducting a study of the results of data processing. Before the Constitutional Court Decision Number 69/PUU-XIII/2015, the legal status of a marriage agreement made by a husband and wife after the marriage took place was bound by the provisions of Article 29 of the Marriage Law, namely invalid and non-binding, unless based on a court decision requested by the husband and wife before making the marriage agreement. So without a court decision, the marriage agreement made during the marriage bond is invalid and non-binding. But after the Constitutional Court Decision Number 69/PUU-XIII/2015, the status of a marriage agreement made by a husband and wife during the marriage bond is valid and binding, both to both parties, as well as to third parties as long as the third party is involved.
Legal Implications of Transfer of Land Rights Through a Deed of Sale and Purchase Based on a Letter of Inheritance Which is Not Known to All The Heirs Ys, Tiara.; Wahyudi, Trubus
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The transfer of land rights is an important aspect of agrarian law that requires legal certainty for the parties involved. However, in practice, it is common to find deeds of sale and purchase made based on inheritance letters that are not known to all heirs, thus giving rise to legal issues related to the validity and legal consequences of the transfer of rights. This study aims to analyze the legal implications of the transfer of land rights through deeds of sale and purchase based on inheritance letters that do not involve all heirs. The research method used is a normative juridical approach with literature studies as the main data source. The results of the study indicate that deeds of sale and purchase made based on inheritance letters without the consent of all heirs can result in the deed being null and void and give rise to land rights disputes in the future. In addition, this kind of transfer of rights has the potential to harm other heirs and the buyer who has already made the transaction. Therefore, compliance with the principle of deliberation and mutual agreement of all heirs is necessary in the preparation of inheritance letters and transfer of rights to create legal certainty and protection for all interested parties. These legal implications emphasize the importance of protecting inheritance rights in land sale and purchase transactions to prevent legal conflicts in the future.
The Effectiveness of Land Redistribution Programs in Increasing Public welfare Veramitha Sari, Indah; Winjaya Laksana, Andri
Jurnal Konstatering Vol 4, No 4 (2025): October 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 effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. 2) Obstacles and solutions in the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary. Primary data collection through observation and interviews while secondary data uses library techniques (study document). The analysis in this study is descriptive. The results of the study concluded: 1) The effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara has been effective in realizing the objectives of agrarian reform, namely equal distribution of land ownership and improving community welfare. If analyzed based on Soerjono Soekanto's theory of legal effectiveness, the success of this program is supported by clear legal factors, committed law enforcement, and adequate implementation facilities. In addition, community participation in managing land productively and the cultural values of mutual cooperation also strengthen the effectiveness of program implementation. 2) Obstacles in the implementation of the land redistribution program consist of legal, technical, social, and institutional obstacles. Legal obstacles arise due to the lack of synchronization of regulations and data between agencies, while technical and social obstacles are caused by limited resources, geographical conditions, and minimal community assistance after the redistribution. Solutions that need to be implemented include strengthening coordination through the Agrarian Reform Task Force (GTRA), accelerating the digitalization of land data, and improving coaching and empowerment programs for beneficiaries. The implementation of PP Number 62 of 2023 is key to ensuring a more focused and uniform implementation.
Legal Protection for the Sale and Purchase of Uncertified Land in Paser Regency, East Kalimantan Renalda, Audrina; Fajar Riyanto, Taufan
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is based on the fact that many people in Paser Regency still conduct land sales and purchases without certificates based solely on trust and simple receipts, thus creating legal uncertainty and potential ownership disputes. The purpose of this research is to understand the process of buying and selling uncertified land, the obstacles encountered, and the forms of legal protection provided to the parties. This research uses an empirical juridical method with a descriptive analytical approach, which combines secondary data in the form of laws and legal theories with primary data from field interviews. The results show that the practice of buying and selling uncertified land in Paser Regency is still carried out underhand without a PPAT deed and does not go through the land registration process as stipulated in Government Regulation Number 24 of 1997. The main obstacles include a lack of public legal awareness, the perceived high cost of certification, and weak village administrative oversight. Legal protection efforts that can be provided include preventive protection through counseling and mandatory land registration, as well as repressive protection through dispute resolution in court. This research emphasizes the need to increase public legal awareness and the active role of local governments and PPATs in ensuring legal certainty for uncertified land transactions.
Legal Protection Guarantee on the Effect of Home Ownership Credit Consumers the Deed Which Was Made by a Notary in Pekanbaru Dian Dini, Kirana
Jurnal Konstatering Vol 4, No 4 (2025): October 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 role of Notaries in ensuring legal protection for Home Ownership Credit consumers in Pekanbaru and to determine and analyze the legal efforts made by consumers in the implementation of Home Ownership Credit in Pekanbaru. The research approach method used in this thesis is an empirical legal research method. The specifications of this study use descriptive analysis. The types of data used in this study are primary data which include the 1945 Constitution; Law No. 2 of 2014; Mortgage Law; Civil Code; Law No. 8 of 1999; Basic Agrarian Law; Law No. 1 of 2011; as well as secondary data containing books and other supporting documents. Research data collection using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that Notaries play a crucial role in securing the fulfillment of the legal requirements for subsidized home ownership deeds. In this study, it can be concluded that the role of a notary is related to the legalized subsidized home credit agreement deed, which must fulfill all applicable provisions and regulations so that its legal validity and completeness are met. Legal protection for third parties in the implementation of credit for objects of mortgage guarantee is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Law.
Validity of the Deed of the Official Writing the Land Deed in the Event of Legal Problems in Credit Agreements With Credit Rights as Security Nur Hamidah, Britania; Fajar Riyanto, Taufan
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

An authentic deed contains the concept of truth regarding the deed in proving that the parties have understood and explained what is written in the deed, including explaining that the deed is true. Authentic deeds can also be said to have perfect evidentiary power because they have three types of evidentiary power, namely physical, formal and material. The role of a notary is not only administrative, but also preventive, namely preventing potential disputes in the future through the creation of deeds that are clear, complete and in accordance with the provisions of the law. In addition, there are factors causing default related to the role of the notary, where default in a credit agreement with collateral can be caused by various factors, both internal to the notary and external factors. This study uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Land Deed Official Law and its implementation. The data obtained uses 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 show that the validity of PPAT deeds depends on the simultaneous fulfillment of formal and material requirements. Failure to fulfill either of these requirements will result in the deed being invalid.Keywords: Land Deed Official, Credit Agreement, Mortgage Rights
Legal Protection for Banks as Warehouse Receipt Holders of Bankrupt Agricultural Products Arizal Pratama, Mohammad; Triyanto, Toni
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is entitled "Legal Protection for Banks as Holders of Warehouse Receipts for Bankrupt Agricultural Products." The background of this research stems from the problem of farmers' limited access to capital, which has led to the emergence of the warehouse receipt system as an agricultural-based financing instrument. Warehouse receipts can be used as collateral for credit at banks, but they give rise to legal issues when the debtor goes bankrupt. Banks, as holders of warehouse receipts, face legal, economic, and institutional risks in their efforts to obtain repayment of receivables. The research problem is formulated in three main points: (1) what is the legal force of agricultural warehouse receipts in bankruptcy; (2) what form of legal protection is available for banks as holders of agricultural warehouse receipts that are bankrupt; and (3) what obstacles do banks face in obtaining this legal protection. The research method used was empirical with a descriptive analytical approach. Primary data was obtained through interviews with banking institutions and the Warehouse Receipt Guarantee Institution, while secondary data was obtained through a review of relevant laws and regulations, doctrine, and literature. The analysis was conducted qualitatively and normatively, connecting legal theory with implementation practice. The results of the study indicate that warehouse receipts have legal force as securities that can be used as collateral for debt, and in bankruptcy their position is equal to material collateral, thus placing banks as separatist creditors. Legal protection for banks is provided through the provisions of Law No. 9 of 2011 concerning Warehouse Receipts and Law No. 37 of 2004 concerning Bankruptcy and PKPU, which allow banks to execute collateral objects before they are distributed to other creditors. However, there are obstacles in the form of limited economic value of agricultural products, lack of understanding of warehouse receipts among law enforcement officials and banks, convoluted bureaucracy, and the weak role of the Warehouse Receipt Guarantee Institution. In conclusion, legal protection for banks as holders of agricultural warehouse receipts in bankruptcy is already stipulated in legislation, but its implementation still faces various normative and practical obstacles. Therefore, regulatory strengthening, capacity building of financial institutions and law enforcement, and optimization of the role of the Warehouse Receipt Guarantee Institution are needed to ensure that warehouse receipts can function effectively as credit collateral.
Evaluation of Risks and Their Impact on Legal Validity in the Implementation of Electronic Notary Deeds in Indonesia Nuriska, Citra; Sri Darmadi, Nanang
Jurnal Konstatering Vol 4, No 4 (2025): October 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 risks that arise in the implementation of electronic notarial deeds in Indonesia. 2) The impact of these risks on the legal validity of electronic notarial deeds according to the provisions of the applicable laws and regulations in Indonesia. This type of research is normative legal research. The approach method in this study is a statute approach and a conceptual approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The implementation of electronic notarial deeds in Indonesia, based on Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, faces cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures). This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Article 1867 and 1868 of the Civil Code, and Article 46 and 59 paragraph (3) of the PP PSTE, thus threatening the validity of deeds as authentic evidence and public trust. Solutions include regulatory harmonization, implementation of encryption and blockchain, Notary training, infrastructure investment and electronic signature certification to ensure legal certainty in accordance with Article 28 D paragraph (1) of the 1945 Constitution. 2). Cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of Notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures) threaten the validity of electronic Notary deeds. This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Articles 1867, 1868 and 1869 of the Civil Code, and Articles 46 and 59 paragraph (3) of the PP PSTE, causing the deed to be at risk of losing its authentic status and not being recognized in court. The inconsistency of subordinate norms with the grundnorm of Article 28D paragraph (1) of the 1945 Constitution creates a hierarchical contradiction. Harmonization of regulations, cybersecurity, notary training, infrastructure investment and electronic signature certification are needed so that electronic deeds are equivalent to authentic deeds.
Legal Certainty Aspects of the Implementation of Electronic Integrated Mortgage Rights Services at the National Land Agency of Majalengka District Setiawan Budiman, Puja; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the implementation of electronically integrated mortgage services at the National Land Agency of Majalengka Regency and analyze the implementation of legal certainty against obstacles in the implementation of mortgage services at the National Land Agency of Majalengka Regency. The approach method in this study is a sociological juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The data analysis method used is the theory of legal effectiveness according to Soerjono Soekanto and the theory of legal certainty according to Gustav Radbruch.          The results of the research and discussion in this study are: 1) The implementation of electronically integrated Mortgage Rights services at the National Land Agency of Majalengka Regency is a strategic aspect in order to increase efficiency, transparency and accountability of land services in accordance with the mandate of Law Number 4 of 1996 concerning mortgage rights on land Jo. Government Regulation Number 24 of 1997 concerning Land Registration, Jo. Regulation of the Head of the National Land Agency Number 1 of 2020 concerning the implementation of electronic mortgage rights services, the effectiveness of electronic mortgage rights registration is a key aspect in accelerating registration, submission and ratification of Mortgage Rights appropriately and transparently, minimizing manual interventions that cause deviations or corrupt practices and providing easy access to services to the public and business actors without having to be physically present at the land office. This is in line with the provisions of Law Number 25 of 2009 concerning Public Services which emphasizes the importance of fast, accurate, transparent and accountable services as part of good governance. 2) The implementation of Electronic Mortgage Rights (HT-el) in Majalengka Regency still faces various complex problems, especially the inconsistency between the Regulation of the Minister of ATR/BPN No. 9 of 2019 and Law No. 4 of 1996 concerning Mortgage Rights which gives rise to dualism of regulations and legal uncertainty, especially in terms of the form and validity of documents. In addition, the evidentiary power of electronic documents in the HT-el system is still questionable in the event of a dispute, especially if it is not equipped with an adequate security and authentication system. The obligation of Land Deed Officials (PPAT) to make a statement of document validity has also been highlighted because it is considered to burden legal responsibilities unilaterally. Another problem is the low readiness of facilities, infrastructure and human resources both at the Majalengka Regency Land Office and external users such as PPAT and banks which hinders the optimization of the implementation of HT-el as a whole in the Majalengka Regency area.
Legal Implications of the Determination of Roya Which is Not Accompanied by a Certificate of Full Payment (Study of Decision Number 594/Pdt.P/2023/Pn. Jkt Tim) Sinaga, Hasudungan; Tri Bawono, Bambang
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A mortgage is a security right over land or buildings granted to a creditor as collateral for a debt owed by the debtor. In practice, the elimination of mortgage rights is a frequently encountered problem. One way to eliminate mortgage rights is through the roya process, a request for a roya determination due to the creditor's inability to provide a certificate of settlement, which is one of the main obstacles in the process of releasing mortgage rights over collateral objects. The expected objectives of this study are to determine and analyze the procedures for implementing a roya determination for the elimination of mortgage rights, as well as to determine and analyze the legal implications of a roya determination without a Certificate of Settlement. This study is expected to provide a clearer picture of the obstacles, both from a legal and administrative perspective, that may exist. In addition, it is also expected to contribute to the development of mortgage law in Indonesia in general. The research method used is Normative Juridical with a case analysis approach as one of its instruments and a normative approach method that focuses on normative legal analysis. It was found that the Court's decision ordering the National Land Agency to remove roya was to ensure the restoration of the Debtor's rights to the collateral submitted to the Creditor, the obstacles faced by the Debtor in the process, and provided recommendations to improve the effectiveness of the implementation of the court's authority to ensure legal certainty for Debtors who had paid off their debts. The results of the study indicate that although the court has the authority to handle roya applications, delays in the legal process and administrative obstacles at the National Land Agency often slow down the provision of legal certainty needed by Debtors.

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