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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 252 Documents
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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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Abstract

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 Legal Position of Wives and Children Resulted from Siri Marriage in the Distribution of Inheritance Based on Equity Damasynta, Anisya Devi Aprilia
Jurnal Konstatering Vol 1, No 2 (2022): April 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 the legal position of the siri wife and the children of the siri marriage in the division of inheritance based on justice. To find out how the position of the siri wife, the position of the children resulting from the siri marriage and the legal consequences of the position of the siri wife and children in the distribution of inheritance based on justice. The approach method in this study is a normative juridical approach. The research specifications are analytical descriptive. The type of data required includes primary data, which includes the Civil Code, UUP No. 1 of 1974, KHI, PP No. 9 of 1975 concerning Implementation of UUP No. 1 of 1974, MK Decision No. 46/PUU-VIII/2010, Al-Qur'an and secondary data, namely books, magazines, websites, research results and/or scientific papers from legal circles that are related to the topic to be discussed. Collecting research data by reviewing and reviewing document studies or library materials. The data analysis method used in analyzing the data is a qualitative analysis method. The results of the study show that the position of a siri wife according to religious law is valid if it fulfills the pillars and conditions for a valid marriage even though it is not registered. According to the provisions in Article 2 paragraph (1) of the Marriage Law, a marriage is valid if it is carried out according to the laws of each religion and belief. This means that if a marriage meets the requirements and the pillars of marriage or Ijb Kabul have been carried out (for Muslims), then the marriage is valid, especially in the eyes of religion and public beliefs. But the validity of this marriage in the eyes of religion and public belief needs to be legalized again by the State, in which case the provisions are contained in Article 2 paragraph (2) of the Marriage Law. However, there are still many people who do not care about the registration of marriages, which results in the status of children being born. Second, related to the position of the siri children born from the siri marriage only having civil relations with the mother and the mother's family, the illegitimate child from the siri marriage does not obtain his rights to the maximum in a country based on law. And third, related to the legal consequences of the siri wife and siri children in the distribution of inheritance that the siri wife is not entitled to a living and assets gono like this in the event of a divorce and the siri children only have an inheritance relationship with their mother and her mother's family.Keywords: Distribution; Inheritance; Marriage; Wife.
Notary's Liability for Mistakes in Writing Deeds That Have Been Made Prasmara, Christiano Valdis; Arifullah, Achmad
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study was conducted with the aim of analyzing the legal liability of notaries for the deeds they have made and legal protection for parties who are harmed due to errors in the deed. This study uses a normative legal approach with a clinical legal research method that focuses on the study of applicable laws and regulations and legal norms. The data sources used are secondary data through literature studies covering primary, secondary, and tertiary legal materials. The results of the study indicate that based on Article 65 of the Notary Law No. 30 of 2004 concerning the Position of Notary in conjunction with Law No. 2 of 2014 concerning the Position of Notary, namely that notaries, both those who are still active and those who have retired, remain responsible for the deeds they have made. Article 16 of the UUJN stipulates that notaries can be subject to sanctions for mistakes that harm other parties, either through administrative or civil sanctions in accordance with Article 1365 of the Civil Code. Deeds that are legally flawed due to negligence or violations of the law can be canceled through a court decision in accordance with Article 1320 of the Civil Code. In terms of legal protection against errors in deeds in accordance with Article 1868 of the Civil Code, it is emphasized that authentic deeds made by notaries have very strong evidentiary power. If there are errors or violations of the law in the process of making it, the deed can be considered null and void or become a deed under hand. In addition, the injured party can sue for damages based on Article 1365 of the Civil Code for unlawful acts. This study focuses on notaries who remain responsible for the deeds they have made even though they have retired. Legal protection for the injured party can be realized through the cancellation of a legally defective deed which can only be done through a court decision that has permanent legal force. Notaries who make mistakes or violations can be subject to sanctions in accordance with applicable regulations, both administrative and civil sanctions.
Effectiveness of Notary Deed Preparation Services for the Unfortunate Community Without Being Charged an Honorary Fee Based on the Notary Office Law Salam, Widya Nur
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

Abstract. Notary is a public official, a profession that is very important to help provide legal certainty to the community, a job that was born because it was needed by the community, not a job that was created intentionally and then known by the community. By definition, a notary is a public official, but he is not an employee according to the law or civil service regulations. Notaries do not receive a salary or pension from the government, but notaries only receive an honorarium as a tribute to their services or can provide free services to those who are unable. The author researched with the aim of knowing and analyzing the services of making notarial deeds for the poor without being charged an honorarium based on the UUJN and analyzing what sanctions are for notaries who violate the honorarium provisions that have been set by the UUJN. To find out the above objectives, the author uses Empirical legal research. The theories used in this study are the Theory of Dignified Justice and the Theory of the Working of Law. Data sources are obtained through several stages, namely field research (interviews) and literature. Data analysis is qualitative and presented descriptively, namely explaining, describing, and describing according to the problems that are closely related to this study. Based on the research results, it was concluded that, first, the provision of notarial deed making services without charging an honorarium based on Article 37 No. 2 of 2014 Amendment to Law No. 30 of 2004 concerning Notary Positions is very effective and very beneficial for the underprivileged. Second, sanctions for notaries who violate the provisions of the established honorarium can be in the form of civil sanctions, administrative sanctions in the form of verbal warnings, written warnings, dismissal, honorable dismissal and dishonorable dismissal. As well as moral sanctions and ethical code sanctions for those who refuse to provide free services to the underprivileged.Keywords: Honorarium; Notary; Society.
The Legal Position of Cancellation of Deed of Grant Due to Intervention Lawsuit Basmi, Hasriadi
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 form of third party intervention in a lawsuit for canceling a grant deed, to find out and analyze the legal standing of the cancellation of a grant deed due to an intervention lawsuit, and to find out and analyze solutions to avoid the emergence of an intervention lawsuit to cancel a grant deed. This research is empirical legal research, and was conducted in Bombana District, Southeast Sulawesi Province. Methods of data collection using interview techniques and field observations. All data, both Primary Data and Secondary Data, were analyzed using qualitative analysis techniques. The results of this study indicate that: (1) The form of third party intervention in a grant deed cancellation lawsuit can be in the form of:Voegings, namely the participation of a third party on its own initiative in examining civil disputes to defend one of the parties, either the plaintiff or the defendant, Tussenkomst, namely the participation of a third party on its own initiative in the examination of civil disputes, but does not side with either party, either the plaintiff or the defendant, but for the sake of defending his own interests, and Vrijwaring or guarantee, namely the participation of a third party in the examination of civil disputes because one of the parties is withdrawn to bear it. (2) The legal status of the cancellation of the deed of grant due to an intervention claim, in simple terms, is related to factors 1) Concerning the Sitting Case; 2) Intervention Lawsuit. In principle, being an intervention plaintiff is a right, so it can be done or not done. But in the case when carrying out a lawsuit, there are parties who should be used as Intervening Defendants but the plaintiffs do not do so in their lawsuit, an Error in Persona will occur. namely Lawsuit of less parties (Plurium Litis Consortium). (3) The solution to Avoid Intervention Lawsuits to Cancel Grant Deeds is to intensify legal counseling by Notaries/PPATs regarding various laws and regulations related to Notary/PPAT products including grants. In addition, the precautionary principle of the Notary/PPAT also needs to be further improved, in order to avoid formal and material defects.Keywords: Grants; Interventions; Legal.
The Implementation of Discretion in Determining the Submission of Time for Land Registration by the Land Office Wigati, Rina Sari
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

The existence of regulations regarding land registration and procedures for settling land disputes is a must, but it also becomes another problem when the applicable regulations are deemed not to be in favor of the interests of a person, group or legal entity. In carrying out government tasks and serving the public, policy-making authority is focused on government positions carried out by government officials, discretionary power is closely related to the obligations, duties and functions of modern government under the rule of law to strive for general welfare through public service. This study uses a Juridical Sociological legal research approach which in this case is used to find out what problems arise related to Discretion in Determining the Time for Filing of Land Registration by the Madiun Regency Land Agency Office or the method of collecting data consisting of document studies or library materials as well as interviews . In carrying out its public service mandate. The National Land Agency, in this case the Head of the National Land Office, has the authority to issue discretionary policies regarding time limits for applications for land blocking and to continue the process of applications for registration or registration in accordance with applicable laws and regulations. In the end it is understandable that the national land agency does not have any interest in matters of land disputes but it is imperative to find or provide solutions in terms of problems that arise in the area of the Head of the Madiun Regency Land Agency Office so that there is no confusion of information, unclear status of the applicants, and no There is a legal vacuum in it, discretion which is the policy of state officials is aimed at allowing a public official to carry out a policy that is slightly contrary to the law as long as it is based on the public interest.           Keywords: Discretion; Land; Office; Registration.
Legal Analysis of the Position of Heirs Who Change Religion According to Civil Law and Islamic Law Wulandari, Ina; Kusriyah, Sri
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The position of heirs who change religions according to civil law and Islamic law. 2) Legal protection that can be guaranteed for heirs who change religions. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The position of heirs who change religions according to civil law and Islamic law, namely civil law does not differentiate heirs based on religion. There is no prohibition for heirs of different religions to inherit the testator's inheritance. While Islamic law does not provide inheritance rights by kinship to heirs who change religions. Heirs who change religions cannot inherit property from Muslim testators. However, the provision of property between people of different religions can still be done in the form of grants, wills, and gifts. If there is an heir who changes religion, the heir should discuss it with the other heirs before he dies. 2) Legal protection that can be guaranteed for heirs who change religions can be guaranteed through several mechanisms, namely the Civil Code still provides inheritance rights regardless of religion, while Islamic Law can still provide rights through grants or wills. Through a family mediation approach, a peaceful agreement can also be reached. An approach through mediation or family agreement can be a peaceful and mutually beneficial solution. With mediation, families can reach an agreement on the division of assets fairly, including providing a portion for heirs who change religions. This path allows for out-of-court settlements, avoids conflict, and maintains good relations between family members. This protection is in line with the principle of justice in Maqasid Syariah and Human Rights to ensure that the rights and welfare of heirs remain protected.
Cancellation of the Deed of Statement of Decision of the GMS of PT Based on the Decision of the Kendari District Court (Number 83/Pdt.G/2020/Pn Kdi) Septiarni Marsang, Ni Dya; Hafidz, Jawade
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

Abstract. This study aims to determine and analyze the basis for the judge's considerations in decision number 83/Pdt.G/2020/PN. Kdi, to determine and analyze the validity of the deed of statement of decision of the extraordinary general meeting of shareholders of a limited liability company based on the decision of the Kendari District Court number 83/Pdt.G/2020/PN. Kdi, to determine and analyze the notary's responsibility for the cancellation of the deed of statement of decision of the extraordinary general meeting of shareholders of a limited liability company based on the decision of the Kendari District Court number 83/Pdt.G/2020/PN. Kdi. The approach method in this study is the statute approach. This type of research is a normative juridical research. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of this study indicate that they have never received an invitation to attend the EGMS and have not given power of attorney to other parties to represent them in attending the EGMS. The cancellation is also based on the provisions of Article 79 paragraph (2) and paragraph (3) of the PT Law, as well as the existence of unlawful acts (Onrechtmatige Daad) committed by the defendants and co-defendants which caused losses to the plaintiffs, in accordance with Article 1365 of the Civil Code. The holding of the EGMS of PT Tomia Mitra Sejahtera by Defendant 1 is considered invalid because it is contrary to the provisions stipulated in the Limited Liability Company Law (UUPT) and contains legal defects in its implementation. The actions of the Co-Defendant, in this case the notary, are considered unlawful acts by the court decision which fulfills the elements of Article 1365 of the Civil Code, which causes losses to the Plaintiff. However, in the decision, the notary is not charged with paying compensation because in making the Deed of Statement of Decisions of the Company's General Meeting of Shareholders, the notary is only responsible for the formal form of the deed, considering that the notary was not present in person at the GMS. Therefore, the notary is not responsible for the contents contained in the deed. The validity of the material or contents of the deed is the responsibility of the party organizing the EGMS and making decisions at the meeting, namely Defendant 1.Keywords: Cancellation; Company; Liability; Limited.
The Notary Authority in the Making of Land Waqf Prediction Deed Febryan, Rinaldy Bagus; Sulchan, Achmad
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

Before donating the property of the Wakif, the Wakif must make his Waqf pledge first. Then it is poured into writing, carried out in the presence of the Official Making the Waqf Pledge Deed (PPAIW). The Wakif statement will then be stated in a form of Deed, which is called the Waqf Pledge Deed. The provisions of the requirements for a Notary to become PPAIW are explained in the Regulation of the Minister of Religion Number 73 of 2013 concerning Procedures for Waqf of Immovable and Movable Objects Other than Money. This study uses a normative juridical research approach, examining the implementation or implementation of positive legal provisions and factual contracts in each particular legal event. The results of this study are 1) Notary authority in making Waqf Pledge Deed (AIW) has been given by Article 37 PP No. 42 of 2006, but not all Notaries can be appointed as PPAIW. The main requirements for a Notary to become PPAIW must be Muslim, trustworthy and have a certificate of competence in the field of Waqf issued by the Ministry of Religion; 2) The inhibiting factor in the implementation of the Notary in making the Waqf Pledge Deed is that the people of Jepara Regency only know that PPAIW is the Head of the sub-district KUA in the Jepara Regency Legal area, because until now there has been no Notary in Jepara Regency who has obtained certification as PPAIW in relation to making AIW.
The Juridical Analysis of the Application of the rechtsverwerking Institution Kusuma, Nadya Novina
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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This study aims to identify and analyze the mechanism for obtaining land rights through the rechtsverwerking institution and the application of rechtsverwerking in several court decisions that have permanent legal force. The research method used is juridical-normative by tracing secondary data through library research, while the analytical approach is carried out qualitatively with a prescriptive type. The results of the research show that the legal position of the rechtsverwerking institution in the land system in Indonesia is recognized and regulated in Article 32 of Government Regulation Number 24 of 1997 concerning Registration. With regard to the mechanism for acquiring land rights originating from old rights to land, the provisions contained in Article 24 of Government Regulation Number 24 of 1997 concerning Land Registration where rights to land originating from old rights are positioned as written evidence. to the existence of rights to a plot of land with the provision that it must pay attention to the terms of land tenure and also pay attention to the provisions of Article 32 paragraph (2). With regard to the acquisition of land rights through the rechtsverwerking institution, in the case of the Supreme Court Decision Number 1034 PK/Pdt/2019, it shows that there is still a lack of uniformity in understanding by the judges regarding the position of land rights originating from old land rights and the mechanism for obtaining land rights through the rechtsverwerking agency.Keywords: Land; Rechtverwerking; National.

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