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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 Role of the Notary Supervisory Board Against Falsification of Documents by Notaries in Making Authentic Deeds Diva Salzabila, Kanzha
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: 1) The role of the Notary Supervisory Council against document falsification by a notary in making an authentic deed. 2) The responsibility of the Notary who falsifies documents in the making of an authentic deed. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary and secondary data obtained through interviews and literature studies. The data analysis method used is qualitative. The results of the study concluded: 1) The role of the Notary Supervisory Board against falsification of documents by a notary in making a deed is the attribution of authority sourced from the Legislation. The Notary Supervisory Board's role is to conduct an examination of alleged violations of the behavior and implementation of the Notary's position and impose sanctions if proven guilty. In a lawsuit involving a Notary, the Regional Supervisory Council was tasked with receiving reports, followed by an examination by the Regional Supervisory Council, and the imposition of sanctions if found guilty by the Central Supervisory Council. 2) The responsibility of a Notary who falsifies documents in making an authentic deed is a responsibility that adheres to the principle of responsibility based on fault of liability, meaning that the Notary must be responsible if the deed he made contains an error or intentional violation by the Notary, otherwise, if the element of error or violation occurs from the parties appearing, then as long as the Notary carries out his authority according to the regulations. The Notary concerned cannot be held accountable, because the Notary only records what was conveyed by the parties to be poured into the deed. False information submitted by the parties is the responsibility of the parties.Keywords: Authentic; Deed; Notary; Supervisory.
Juridical Analysis of Letter C as the basis for rights in obtaining proof of ownership of land rights Dekafela, Karina Via; Darmadi, Nanang Sri
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Letter C quote is proof of tax payments in the colonial period which used the fiscal cadaster system, namely a land registration system oriented towards tax collection. However, after the Indonesian nation became independent, what applied was recht cadaster, namely land registration which prioritizes legal ownership of land rights. This research aims to determine the position of Letter C as a basis for rights in legislation and jurisprudence and to determine the factors that influence the use of Letter C as a basis for rights in obtaining proof of ownership of land rights. The type of research used is normative juridical, the Statute Approach method, using secondary data with data collection methods for primary, secondary and tertiary legal materials, using prescriptive data analysis. Based on the research it was found that: (1) There are differences between the statutory provisions, namely the ATR Ministerial Regulation No.3 of 1997 and the Agrarian Ministerial Regulation No. 2 of 1962 which places Letter C as the basis for rights in obtaining proof of ownership of land rights while the Supreme Court Decision dated 10 February 1960 No.34/K/Sip/1960 views Letter C only as proof of tax payments. (2) Factors hindering the use of Letter C as a basis for rights in obtaining proof of ownership of land rights include: (a) Differences in the accuracy of land measurements (b) The community still considers Letter C as proof of land ownership (c) The community considers land registration require high costs.
Optimizing the Role and Function of the Regional Supervisory Board Against the Abuse of Notary Position in Balikpapan City Aziza, Adela Fitri; Darmadi, Nanang Sri
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. The examination conducted by the MPD on notaries in Balikpapan City has not been optimal so that the MPD cannot directly monitor and supervise documents issued by notaries or other notary protocols and the MPD is concerned that there are still notaries who make mistakes related to the abuse of notary office and the notary code of ethics. The purpose of this study is to determine and analyze the role and function of MPD supervision of the abuse of notary office in Balikpapan City which has not been optimal and to determine and analyze the optimization of the role and function of MPD supervision of the abuse of notary office in Balikpapan City. The approach method in this study is the empirical legal method. The research specifications used are Structural approach research and Economic Analysis of Law. The type of data uses primary data and secondary data. Theory of the Working of Law and Structural Theory and functionalism. The results of the research and discussion in this study are: The role and function of MPD supervision of abuse of office by Notaries in Balikpapan City in practice still faces various challenges both in the examination at any time (periodically) or when there are reports from the public resulting in the ineffectiveness of the MPD's role, further supervision in principle MPD Balikpapan City is not a superbody, but as a mentor, protector and protector and tries to accompany Notaries, including the status of Notaries who are summoned to be examined as witnesses and in such cases of course there must be a basis for determining the Notary concerned as a witness. Because the Notary who is summoned does not mean or is not necessarily guilty, but there could be other factors that cause the Notary concerned to have the status of a witness who may also be a suspect. For this reason, improvements are needed that start from within, namely the institution that appoints and the Notary organization itself. In this case, the role of the organization is needed so that the problem does not drag on because it will harm the Notary himself which will ultimately also harm the community, so that to solve this problem there needs to be a commitment from all parties who are competent in this matter. Keywords: Examinations; Function; Notary; Optimization.
Legal Protection For House Buyers Subsidies Against Development Who Is Declared In Bankruptcy Dewi, Nurcahya Sukma Kusuma; Bawono, Bambang Tri
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 identify and analyze the legal protections for buyers of subsidized houses against tenants who are declared bankrupt, identify and analyze the weaknesses of legal protection for binding subsidized houses and their solutions, and identify and analyze examples of binding deed of selling and buying subsidized houses. The approach method in this research is a normative juridical approach, the research specification is descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the weakness of the legal protection for binding subsidized housing is that there is no standard implementation arrangement regarding legal protection that will be given to consumers who always place the consumer as a weak party because they have submitted a certain amount of money as a down payment and some have started the mortgage payment process without receiving the subsidized housing unit. While the usual solution is for consumers to add some money for the completion of public facilities, such as roads, independently which has not been completed by the developer or receive some money as a substitute for the down payment that has been submitted without receiving the promised unit.
Legal Implications of the Signing of a Power of Attorney Deed Imposing Mortgage Rights which are Not Done in the Presence of a Notary Kholiq, Muhammad Idam
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 review the implementation of a power of attorney to encumber mortgage rights (SKMHT) made before a Notary in a land office legal study and the legal consequences of a power of attorney to encumber mortgage rights (SKMHT) made before a Notary following the format of the national land agency, Research A power of attorney to impose mortgage rights (SKMHT) must be made in a notarial deed or PPAT deed, however in practice the notarial making of an SKMHT deed can only be carried out by following the SKMHT format of Perkaban Number 8 of 2012. A Notary when using the SKMHT form is subject to the procedures for filling out SKMHT blank and Notary Position Law (UUJN). Due to the discrepancy between the form of the Notarial deed as regulated in Article 38 UUJN and the format of the BPN, there are deficiencies which result in the SKMHT deed not meeting the criteria as an authentic Notarial deed. This research was analyzed descriptively analytically using a sociological juridical approach. By using a sociological juridical approach. A Notarial deed must fulfill formal and material requirements to be declared a Notarial deed which has the power of proof as an authentic deed. This research analysis uses the theory of legal certainty and legal protection. From the results of this research analysis, it turns out that the SKMHT format does not comply with the form of Notarial deed stipulated by UUJN. SKMHT made before a Notary is not in accordance with UUJN provisions, so all legal acts that occur after the SKMHT takes place will not maintain the quality of the deed, it will become a private deed, if the formal requirements of a Notarial deed are not fulfilled. If the Notary's deed causes losses, you can file a civil lawsuit and the Notary can be subject to civil sanctions and compensation costs and interest against the Notary concerned. Suggestions for Notaries in carrying out their positions must be in accordance with the provisions of applicable law. Therefore, as long as the provisions regarding the form and procedures for filling out the SKMHT form have not been changed, a Notary must fill in the SKMHT form by also looking at the provisions contained in the UUJN. In this case, a Notary can make changes (renvoi) in the SKMHT Blank both at the beginning of the deed and at the end or closing of the deed, so that the SKMHT deed made by the Notary still has perfect evidentiary power.
The Legal Analysis of the Strength of Proof of Underhanded Deeds Legalized by a Notary Saepullah, Saepullah
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: 1) Deed under the hand in civil evidence law. 2) The legal consequences of applying the Underhand Deed are in accordance with Article 15 paragraph (2) letter a of the UUJN or Article 1874a of the Civil Code. This thesis uses a normative legal research type which is descriptive analytical. Secondary legal materials in the form of books, and tertiary in the form of general dictionaries, legal dictionaries. The results of the study: 1) The private deed in civil evidence law is a weak evidence. The deed under the hand must be signed and sufficient stamp duty if there is no signer then it can be categorized only as an ordinary letter. 2) As a legal consequence of the existence of two different underhanded deeds, namely Article 15 paragraph (2) letter a of the UUJN and Article 1874 of the Civil Code, there has been legal uncertainty. As a result of the private deed applied by a Notary as referred to in Article 15 paragraph (2) letter a of the UUJN, the deed has the power of formal proof of truth guaranteed by the Notary so that the private deed is not included in the category of weak evidence. As a result of a private deed applied by a Notary as referred to in Article 1874a of the Civil Code, the deed has the power of formal and material proof of truth.Keywords: Deed; Proof; Underhand.
Underhand Land Buying and Selling Practices and Their Legal Consequences Putry, Dian
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Underhanded land transactions, which are carried out informally without a legal process regulated by the government, are still common in various regions including Gondai Village. Although practical, these transactions carry significant legal risks. This study uses Lawrence M. Friedman's legal system theory, which divides the legal system into three components: structure, substance, and legal culture, to examine weaknesses in the legal system related to these transactions. This study aims to identify weaknesses in the legal system based on Friedman's theory and to develop steps to increase public legal awareness regarding land transactions. Using a qualitative approach and descriptive analysis method, data were collected through literature studies, in-depth interviews, and field observations. Underhanded land transactions show weaknesses in the structure, substance, and legal culture. To overcome this, comprehensive improvements are needed: strengthening government institutions, simplifying regulations, and improving legal culture through education and socialization. High legal awareness helps parties involved understand their rights, obligations, and risks, including aspects of the legality of land ownership, administrative requirements, and tax payments.
The Implementation of Leasing Bengkok Land and Its Legal Consequences Rizal, Fiki Apriliawan
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 research was motivated by the renting of crooked land in Pecangaan District, Jepara Regency which was carried out by the Village Head and Village Apparatus with an open auction with the community. The empirical juridical approach is used in this study, used to analyze various laws and regulations in the agrarian sector. The result of this research is that the village head takes legal action, namely the implementation of the village land lease is correct with an open auction procedure to the community. The implementation of the rent of the crooked land is correct, in accordance with laws and regulations, and produces benefits for the village and the community. The lease agreement made before a notary is then set forth in the form of a deed. In principle, every legal act must adhere to the principle of Nemo plus juris. Dispute resolution if the parties are by default can be resolved by deliberation, and if the deliberation is not reached, it is resolved through a general court. Keywords: Dispute; Land; Resolution.
Juridical Implications for Notaries who are appointed as House of Representatives in the Conception of Legal Certainty Nabila, Poppy Sarah Hasna
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

All elements of society certainly have the same obligations and rights, in the eyes of state law. In essence, those who will represent certain elements of society must be bound by the provisions of the laws in force in Indonesia. The People in the Conception of Legal Certainty”. The research method used is a qualitative approach, namely a way or research method that emphasizes analysis or descriptive. In a qualitative research process things that are subject perspectives are emphasized more and theoretical foundations are used by researchers as guides, so that the research process is in accordance with the facts encountered in the field when conducting research, in the form of interviews with Notaries to find relationships (correlations) between various symptoms or variables as a data collection tool consisting of document studies, observations (observations), and interviews (interviews). Based on the research results, there are the results of the judge's legal considerations in determining civil cases concerning Juridical Implications for Notaries who are appointed to the People's Legislative Assembly in the Conception of Legal Certainty. become a member of the People's Legislative Assembly, based on Article 17 letter d UUJN regarding the prohibition of concurrent positions as state officials. Then the notary is obliged to apply for leave, and appoint a substitute notary (Article 11 paragraph (1-3) UUJN). Which reads: (1) Notaries who are appointed as state officials are required to take leave. (2) Leave as referred to in paragraph (1) applies as long as the Notary holds office as a state official. (3) Further provisions regarding Notary leave as referred to in paragraph ( 1) regulated by Ministerial Regulation. and the Responsibilities of a Notary Who Is Appointed to be a Member of the People's Legislative Assembly for Deeds That Have Been Issued When They Cause a Loss of Other Parties, namely the Notary who makes the deed is responsible for the deed he made, even though the notary who made the deed is on leave while he is a member of the People's Representative Council and has appointed a notary substitute as recipient of the notary protocol. The legal basis is Article 65 UUJN. Keywords: Certainty; Notary; Representatives.
Liability of Notaries for Debts and Receivables Made With the Deed of Sale and Purchase Binding Agreement and Power of Attorney for Sale Debt Guarantee Certificate Winda Kusuma, Reza Olivia
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

The results showed that the deed of acknowledgment of debt based on the binding sale and purchase agreement and the selling power of attorney was canceled by the judge, namely the mortgage right in the engagement is the right that gives the mortgage holder the rights to hold the collateral right if there is a default, the mortgage holder can apply for a security confiscation in accordance with the law. The agreement according to article 1320 is a legal agreement made between the two parties whose contents are the rights and obligations of each. The terms of the agreement are subjective terms and objective conditions. The position of the case and the position of the case and the judge's decision related to the binding sale and purchase agreement and the power of attorney to sell, namely the results of the trial by the Panel of Judges, the identity of the defendant, namely Tri Agus Heryono, SH bin Ruyono Sumowidigd, the judge was of the opinion that there was no in persona error in the indictment of the Public Prosecutor, so that the element of whoever was fulfilled. What is meant by benefiting oneself or others is that the maker or other person enjoys the results of their actions either directly or indirectly. What is meant by unlawful means is that the act is carried out in a way that is contrary to the law.Keywords: Accountability; Certificate; Guarantee; Payable.

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