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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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The Legal Protection for Parties in Electronic Purchase Agreements with Cash on Delivery System Ramadhan, Syaiful Nur Aditya; Bawono, Bambang Tri
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
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 legal position of electronic sales agreements with the cash on delivery system, as well as legal protection for the parties in electronic sales agreements with the cash on delivery system. This study uses a normative juridical approach that is analytical descriptive. The data used is secondary data, which is then analyzed qualitatively. Based on the research, it was concluded that: (1) the legal position of the electronic sale-purchase agreement with the cash on delivery system is valid as an agreement that fulfills the legal requirements according to the provisions of Article 1320 of the Civil Code and Article 46 of Government Regulation Number 71 of 2019, so that an agreement that creates a legal relationship that results in the emergence of rights and obligations for the parties; (2) legal protection for the parties to electronic buying and selling agreements with a cash on delivery system, both for sellers (merchants), buyers and expediting services (courier) in a preventive manner by forcing the implementation of obligations as stipulated in the Civil Code, Act No. 8 of 1999, Act No. 11 of 2008 jo. Act No. 19 of 2016, Government Regulation Number 71 of 2019, Government Regulation Number 80 of 2019, as well as in the Criminal Code, while in a repressive manner it is carried out by filing a claim from the aggrieved party through litigation or non-litigation. Keywords: Buy; Protection; Sell.
Juridical Implications for Notaries Who Are Declared Bankrupt in the Concept of Legal Certainty Nainggolan, Nazarudin
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to determine and analyze the juridical implications of notaries who are declared bankrupt in the concept of legal certainty and the legal position of deeds that have been made by notaries and declared bankrupt. The research approach method used in this thesis is qualitative analysis with a normative juridical approach with legislation as the basic basis for research and analysis based on library study materials as well as literature and other scientific works. The type of data used in this research is primary legal material which includes: the Constitution of the Republic of Indonesia of 1945, Law No. 2 of 2014 Amendments to Law No. 30 of 2004 concerning the Position of Notaries, the Civil Code and Secondary Legal Material which includes: Scientific works, legal journals, research results and tertiary legal materials including: legal dictionaries, encyclopedias, print and electronic media. The data analysis method used in analyzing the data is qualitative analysis. The results of the research show that as a result of the law a notary being declared bankrupt will lose all rights under his authority and will not have the obligation to carry out services for making authentic deeds, agreements and other legal acts and deeds that have been made by the Notary, still have permanent legal force and cannot be degraded into a deed that hand because there was no error in making the deed. Keywords: Bankruptcy; Certainty; Notary.
Legal Position of Notary Deed that Does Not Meet the Elements of the Agreement in the Conception of Legal Certainty Nau, Yonatan
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 a notary deed that does not fulfill the elements of the agreement in the conception of legal certainty through the study of the Cooperation Agreement Deed No. 86 dated 28 June 2008 made by Notary Yoshephina Vestha Raya, SH. normative juridical with analytical descriptive research specifications. The type of data used is secondary data consisting of primary, secondary and tertiary legal materials, namely legislation, jurisprudence and court decisions that have permanent legal force, books, journals and expert opinions, as well as dictionaries or encyclopedias. All data was collected through a literature study, where the data collected was analyzed using qualitative analysis. The results of the study show that: First, a deed that has united two legal actions that have different characters and elements, namely on the one hand there is cooperation in the management of mining land (Innominaat agreement) but on the other hand there is a transfer of material rights that must be made in the form of a Nominaat agreement thus contradicting the elements of the Nominaat agreement. Such agreement deed is a violation of statutory provisions or contrary to the legality of the four terms of an agreement as stipulated in Article 1335 of the Civil Code, 1337 of the Civil Code, which relates to Article 1338 of the Civil Code and Article 1339 of the Civil Code and violates the principle of "One Deed for One Legal Action" as the legal principles of Supreme Court Jurisprudence in Decision Number 1440K/Pdt/1996 dated 30 June 1998. Second,Keywords: Agreement; Compliance; Elements.
Legal Consequences of Third Party Resistance to Assets Encumbered with Mortgage Rights (Study of Decision Number 46/Pdt.Bth/2016/PN. Smr) Rahmadiyanti, Dhiya Fitriyah
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

Legal certainty is very important for every Indonesian citizen as a subject holding land rights, therefore the State must guarantee every rights holder to obtain legal protection as a certificate of proof of the rights they have and as strong and perfect evidence if a dispute occurs in the future. The purpose of this thesis research is to study the law on the resistance of third parties as holders of mortgage rights when viewed from the aspects of justice, legal consequences and legal certainty in Decision Number 46 / Pdt.Bth / 2016 / PN.Smr and How are the legal consequences of third party resistance to assets that are subject to mortgage rights when viewed from Decision Number 46 / Pdt.Bth / 2016 / PN.Smr. This study uses the Normative Juridical method. The data sources obtained are in the form of primary data sources and secondary data sources, namely Court Decisions and related Laws. This research was conducted by examining the Samarinda District Court Decision. The results of this study, when viewed based on the theory of justice, legal consequences and legal certainty, are fair enough for the winning party, but unfair for the third party as the holder of the Mortgage Right. The legal consequences for the third party are clearly disadvantaged because the third party is not allowed to file a third party objection. Viewed from the legal certainty side, the Panel of Judges has also not carried out legal considerations as its rights in a concrete manner because there are two references, so this creates a side of legal uncertainty.
The Role of a Notary in the Establishment and Registration of a Limited Liability Company after the New AHU Online and Risk-Based OSS Systems Come into force Danianto, Iswar; Bawono, Bambang Tri
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 proles, obstacles that arise and solutions that can be carried out as well as legal responsibilities of Notaries in the establishment and registration of Limited Liability Companies after the implementation of the new system AHU Online and Risk-Based OSS. This study uses an empirical juridical approach. The data used are primary and secondary data which are analyzed using descriptive qualitative methods. Based on the results of the study it was concluded that: 1)The notary still has a role in the establishment and legalization of the capital partnership company due to statutory orders.But for individual companies, nthe notary is not obliged to register it unless the notary is authorized by the client, then the notary becomes civilly responsible for this power of attorney. Notaries also do not have an absolute role in registering business licenses for companies according to Government Regulation Number 5 of 2021. However, notaries are often given the power to work on business licensing registration on Risk-Based OSS, so the notary is also liable civilly for this power of attorney. 2)Obstacles faced by a notary in the process of establishing and registering a limited liability company consist of internal constraints, namelyconstraints on the weak quality of human resources including the notary concerned. Notaries must continue to study, coordinate with various competent parties and attend legal seminars.then kexternal obstacles, namely obstacles that arise from the client, the AHU Online system and OSS as well as from other parties that are the cause. 3) The responsibility of a notary in the event of an error in the establishment and registration of a limited liability company is based on an error. Notaries can be held liable in civil, criminal, as well as based on the UUJN and the Code of Ethics on the deed he made.Meanwhile, the responsibility of a notary as a recipient of power of attorney in carrying out responsibilities which are essentially not his authority is a form of civil liability, not as a notary who is normative by referring to the provisions of Article 1365 of the Civil Code.Keywords: Company; Online; Submissions.
Cancellation of a Notary's Deed of Will that Fulfills the Elements of an Unlawful Act Sukrisno, Wijayono Hadi; Arifulloh, Achmad
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

This study aims to examine the validity of a will deed made by a Notary when it meets the elements of an unlawful act and the Notary's responsibility in that context. The background of this study is the importance of the validity of a will deed as a legal document that determines the distribution of inheritance and the Notary's responsibility in ensuring that the deed is legally valid. The urgency of this study is directly related to the protection of heirs' rights and the integrity of the Notary profession. The research method used is normative juridical with a statutory approach and a case approach, using secondary data from literature studies and legal documents. The results of the study indicate that a will deed made in violation of legal provisions can be canceled by the court, as seen in the decision of the South Jakarta Religious Court No. 1920/Pdt.G/2018/PA.JS. Notaries have a great responsibility in ensuring that the will deed they make does not violate the law, and can be subject to civil, criminal, and administrative liability if proven guilty. The conclusion of this study emphasizes the importance of strict regulation and supervision of Notary practices, as well as effective law enforcement to protect the rights of heirs and maintain public trust in the Notary profession.
Problems with Officials Making Land Deeds in Collecting Fees for Acquisition of Land and Building Rights in Tegal City Hariyono, Cipto
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

In property sale and purchase transactions, especially for buyers, a tax called BPHTB is imposed. The transaction for the transfer of rights to land and buildings is shown in the deed of sale made by the PPAT and the PPAT is the one who collects the BPHTB, but it is not uncommon to find many transactions for the transfer of rights to land and buildings carried out without using the services of a PPAT, only carried out underhand to avoid costs arising from the transfer of rights, including BPHTB. The purpose of this research is to examine the problems of Land Deed Officials in collecting Land and Building Acquisition Tax, and what are the obstacles and solutions of Land Deed Officials in collecting Land and Building Acquisition Tax. The approach method used in this legal research is an empirical legal approach method or in other words, it is called an empirical normative approach. In relation to the research method used, the author did this by researching legislation, regulations, legal theories and the opinions of leading legal scholars which are secondary data which are then linked to the actual situation, as well as related to problems found in the field related to problems faced by Land Deed Officials in collecting Land and Building Acquisition Tax. The results of the research obtained by the author include the contradiction in the BPHTB tax collection system, which was originally based on a self-assessment system, becoming an official assessment system. The validation process to determine the selling price of land and buildings is not regulated in laws and regulations, so that the process has an impact on changing the BPHTB value for a land object, automatically requiring more time.Keywords: Collection; Land; Selling.
The Legal Certainty of Attorney’s Special Power for Advocates made by a Notary to Conduct a Session in a Religious Court Rizqiansyah, Arif; Bawono, Bambang Tri
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 analyze: The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court. 2) Legal certainty of special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court. The approach method used in discussing this problem was a normative juridical approach. Normative juridical is library law research conducted by examining library materials or secondary data. The results of the study: 1) The role and authority of a Notary in making a special power of attorney for Advocates who will conduct a trial at the Pekalongan Religious Court is an attribution obligation carried out based on Article 15 of the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2014 2004 Regarding the Position of Notary. Attributive authority is an authority that comes from the law. One of these powers is to make a power of attorney. The notary has the authority to make a special power of attorney based on the statements of the witnesses, so that the special power of attorney will have legal force as an authentic deed that is perfect. 2) Legal certainty that a special power of attorney for Advocates made by a Notary to carry out a trial at the Pekalongan Religious Court can be achieved if it meets the requirements in Article 1796 of the Civil Code, which is limited in nature, the legal action can only be carried out by the attorney himself, in addition to the letter must be before a notary. The special power of attorney can be made directly by the parties before a notary, or made by the parties first and then requested for approval by a notary. The legal certainty of a special power of attorney for advocates made by a notary to conduct a trial at the Pekalongan Religious Court is related to the role of a notary in providing legal certainty for his clients. To be able to provide legal certainty, a notary must be guided by the laws and regulations that govern it.
The Role of Notaries in the Cooperation Agreement Between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City Sari, Riana
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

This study aims to determine and analyze the role of notaries in the implementation of the Cooperation Agreement between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City, as well as to determine and analyze the Implementation of the Cooperation Agreement in accordance with the Agreement that has been made in the Cooperation Agreement between PT. Perhotelan Resty Menara and the Youth and Sports Office of Pekanbaru City. The research approach method used in this thesis is the sociological juridical legal research method. The specifications of this study use descriptive analysis. Data collection using interview techniques and document studies or library materials. The practical benefits of this study are expected to be used to formulate Cooperation arrangements between the Regional Government and the Private Sector in implementing cooperation in the context of developing Contract Law in Indonesia. The results of the study indicate that the role of notaries in the implementation of the Cooperation Agreement between PT. Resty Menara Hotel with the Pekanbaru City Youth and Sports Service has an important role in creating legal certainty in every legal relationship. Given the importance of notary involvement in making cooperation agreements between private companies and the government, certain requirements are required in making agreements so that the agreement remains in accordance with applicable laws and regulations. This is done by both parties because they realize that in addition to the main task of a notary is to create or record events authentically, the parties also realize that the involvement of a notary's role is more than that regulated in the law, especially as a mediator in differences of opinion on something in a legal relationship.
The Legal Position of Underhand Debt Acknowledgment Certificate Legalized by a Notary Jumades, Achmad; Bawono, Bambang Tri
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 find out and identify the legal position of private acknowledgment certificates legalized by a notary and how the notary's responsibility for private acknowledgment certificates is legalized in the event of a dispute between the parties. The approach method used in this study is sociological juridical, the specifications of this research use descriptive analysis, data sources are obtained from primary data and secondary data, namely data obtained from literature and legal materials used, namely primary legal materials, secondary legal materials, tertiary legal materials, which is then analyzed by means of interactive model qualitative analysis. Based on the results of data analysis it was concluded that, the legal position of a private acknowledgment of debt legalized by a Notary is the same as an authentic deed, as long as the process of making it fulfills the formal and material requirements and is not denied the truth, this is in accordance with the provisions of Article 1338 paragraph (1) The Civil Code, and the Notary's responsibility for the private acknowledgment of debt which is legalized in the event of a dispute between the parties, the Notary can be asked for information regarding the certainty of the date of the privately owned letter, the authenticity of the signatures of the parties, procedures and mechanisms for legalization, this is in accordance with the provisions of Article 15 paragraph (2) letter (a) of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Office of a Notary,and Article 1874 of the Civil Code.Keywords: Acknowledgment; Debt; Legalization.

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