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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 298 Documents
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Roles and Responsibilities of a Notary in Drawing up a Deed of Amendment to the Articles of Association of a Limited Liability Company Hariyanti, Agus Fitri; Purnawan, Amin
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The role of a notary in making a notarial deed regarding for amending the articles of association of a limited liability company. 2) The responsibility of a notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company. The approach method in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Types of data using primary data and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The role of the notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company, namely making an application for amending the articles of association electronically through SABH by completing supporting documents obtained from the General Meeting of Shareholders (GMS). The procedure for amending the articles of association must be carried out in accordance with the provisions in Act No. 40 of 2007 concerning Limited Liability Companies and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 21 of 2021 concerning Requirements and Procedures for Registration of Establishment, Change and Dissolution of Limited Liability Company Legal Entities. 2). The responsibility of a notary in making a notarial deed regarding the procedure for amending the articles of association of a limited liability company is to be responsible for reporting to the Minister as stated in Article 10 Jo. Article 12 Permenkumham Number 21 of 2021. A Notary who is negligent or intentionally does not report changes to company data to the Minister and or does not submit related documents to appearers for the benefit of the PT, can cause harm to the PT so that the Notary concerned can be deemed to have committed an unlawful act and violated the code Notary ethics.
Reflecting on the Role of BPN in Protecting Land Ownership Rights Holders Above HPL in Batam City Wahyudi, Andre
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The development of the HPL management policy in Batam City shows thatThere is a dualism in the concept of land ownership rights over HPL that occurs in Batam City, this can be seen from the existence of the Batam Industrial Management Agency mechanism which can grant Ownership Rights to parties who buy land over HPL land in Batam City, as a result of this, the owner of the Ownership Rights for land over HPL does not fully own the land that he has purchased, because the HPL is still valid on his land. BPN, which is the party that should take action to prevent buyers of land above HPL from being harmed, still seems passive. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized sociologically as an empirical phenomenon that can be observed in life. Based on the study conducted, it can be found that the fact that he National Land Agency has not been able to provide complete information and counseling to prospective land buyers or the community regarding the lack of legal certainty in the status of land ownership above HPL land, this has resulted in most people buying land above HPL owned by BP, this situation clearly results in legal uncertainty for the protection of land ownership rights for buyers considering that there are no clear regulations related to land ownership rights above BP HPL in Batam City. The solution that can be done is that there needs to be an affirmation regarding the absence of changes in HPL to land ownership rights above BP's HPL, there needs to be regulation of restrictions on BP's authority in terms of issuing decisions on the transfer of HPL to land ownership rights on HPL, and there needs to be a re-registration of land that before the existence of BP's HPL had been previously occupied and used by the community.Keywords: Land; Ownership; Protecting; Role.
The Position of the Head of Heir Mamak and His Authority in the Scope of Traditional Heirloom Land in the Minangkabau Indigenous Community in West Sumatra Nalardi, Nalardi
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The distribution of heritage within the Minangkabau Indigenous Community in West Sumatra. 2) The position of the chief heir mamak and his authority within the scope of traditional high inheritance land in the Minangkabau traditional community in West Sumatra. The approach method used in this research is an empirical (sociological) approach. The type of this research is analytical descriptive research. 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 analysis. Results The research concluded: 1) The division of inheritance in the Minangkabau Indigenous Community in West Sumatra is divided into inheritance and livelihood assets. Concerning livelihood inheritance assets, it must first be reviewed whether the assets have been partially or completely gifted to their children or nephews. When they have been gifted, of course the part that was gifted is the right of the person concerned. If leftovers are found then they are distributed to the children, the bako (fraternity of the father's family) asks or demands a share of the inheritance which will be resolved in litigation. 2.) The position of the chief heir mamak and his authority within the scope of customary high inheritance land in the Minangkabau traditional community in West Sumatra, namely as a clan leader who is fully responsible for the safety and welfare of members of the clan with the utilization and management of said high inheritance property, as a representative of the clan affairs of going out and acting inward for and on behalf of the clan, as well as the understanding that everything is in the hands of the head of the heir, as a mediator and the person who will resolve a dispute that occurs between members of the clan, whether personal problems in daily interactions or problems of inheritance, as a representative of the clan in court, for example as a defendant or as a plaintiff, as a representative of the clan in carrying out transactions on inherited land of the clan after obtaining approval from all members of the clan, for example selling and mortgaging inherited land, as a representative of the clan in matters of registration of inherited land, because the land is inherited must be registered in the name of the head of the inheritance, as the representative of the clan in the tribal density, as the person responsible for going out in traditional ceremonies within the clan, as the person responsible for paying land and building tax (PBB) on the clan's inheritance land.
Settlement of Sale and Purchase Underhand Where the Seller's Whereabouts Are Unknown Istriany, Andy Rahmayanti Prihatining
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to find out and analyze the anticipation of the problem of underhand buying and selling where the seller's whereabouts are unknown. To find out and analyze the settlement of underhand buying and selling where the seller's whereabouts are unknown. The approach method used by the researcher is the case approach and the statutory approach. This type of research is normative law. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that anticipating the problem of underhand buying and selling where the seller's whereabouts are unknown is that in making a sale and purchase agreement, they must adhere to the principle of good faith. The buyer must also meet the requirements required in carrying out the sale and purchase of land up to the name change process. Thus, if all these requirements are met, the land sale and purchase process up to the certificate name change process can run smoothly without any obstacles. Settlement of Underhand Buying and Selling Where the Seller's Whereabouts Are Unknown is to initiate and resolve civil disputes that occur between the Plaintiff and the Defendant, one of the disputing parties must submit a request for examination (file a lawsuit) to the court. The parties whose rights have been violated in a civil case are called plaintiffs who file a lawsuit with the court and address it to the party who violated it (defendant) by stating the case (posita) and accompanying it with what the plaintiff demands (petitum).
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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Abstract

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.
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

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.
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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Abstract

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.
The Settlement of Bad Loans and Executions on Warranty Bound by Liability Sari, Anggi Mahendra; Witasari, Aryani
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze 1) How is the settlement of bad loans on guarantees tied to mortgages? PT. Bank Mandiri (Persero) Tbk Tegal Area, 2) How is the execution of Mortgage carried out at PT. Bank Mandiri (Persero) Tbk Tegal Area and. This research method uses approach empirical juridical, namely seeing the workings of law in society. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data in the form of library research. The data analysis used is a qualitative analysis which draws conclusions deductivelyf. The results of this study indicate that1) The stages carried out by PT Bank Mandiri (Persero) Tbk Tegal Area to resolve non-performing loans according to Bank Mandiri Credit Policy (KPBM) as outlined in the Standard Operating Procedures for Credit Collection and Recovery (SOP CCR), by dividing it into 3 (three) stages, namely: the peaceful settlement stage, the coaching stage, and the credit rescue stage. 2) Execution of mortgage right inPT Bank Mandiri (Persero) Tbk Tegal Area experienced several obstacles that arise, so that in practice the applicable regulations have not been effective, this is due to there is non-compliance with a rule, namely Article 11 paragraph (2) letter (j) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related By Land (UUHT) that is the promise that the grantor of the Mortgage will vacate the object of the Mortgage at the time of execution of the Mortgage.
The Juridical Implications of Acts of Default on Cooperation Financing Agreements Associated with Guarantees on Behalf of Third Parties Arif, Cahyadhi
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to find out and analyze the juridical implications of default on financing cooperation agreements associated with guarantees on behalf of third parties. To find out and analyze efforts to resolve defaults on financing cooperation agreements associated with guarantees on behalf of third parties. The research approach method used in this thesis is a sociological juridical legal research method. The specification of this research uses descriptive analysis. The type of data used in this research is primary data which includes Al-Quran, Hadith, UUD 1945, HIR, Civil Code, UU no. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Office of a Notary Public, as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis, such as description techniques, evaluation techniques and argumentation techniques. The results of the study show that private agreements on financing the construction of housing plots in the Bandung Regency area are very high risk, but can truly bind the parties and have legal certainty if they fulfill the requirements as stipulated in the Civil Code. Regarding the existence of a guarantee on behalf of a third party in an agreement that is not bound by itself, even if there is a power of attorney to sell made by an authorized official on behalf of the owner of the guarantee to the recipient of the capital, it does not have any strength or value whatsoever.Keywords: Agreements; Guarantees; Financing.
The Legal Consequences of Electronic Land Certificate Checking Services for PPAT Salsabil, Haura Hanun
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the processes and constraints in the service of checking land certificates electronically for PPATs in the Semarang Regency Region. The research method used is a normative legal research method with a conceptual approach. The method of data analysis used in this research is through a sociological juridical approach with descriptive research specifications. Data collection techniques used field studies at research locations and literature studies related to research. Based on the research it was concluded that the research results showed that: First, the process of implementing an electronic certificate service system at the Semarang District Land Office refers to a simple principle, very simple because checking certificates electronically is very easy because the PPAT only enters data on land rights certificates electronically on the website intan.atrbpn.go.id. Second, in the implementation of the Electronic Certificate Checking Service there are several obstacles, obstacles, and problems that can cause legal consequences for both the PPAT and the Land Office/BPN.Keywords: Certificate; Electronic; Land.

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