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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 Roles and Responsibilities of Notaries in Online Single Submission (OSS) Based Online Permits for Limited Liability Companies Pamsukmayanti, Siska
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

A limited liability company business entity in carrying out its business activities requires a business license. In Indonesia, since 2018 business licensing has implemented online business licensing, namely the Online Single Submission System (OSS), which is a web-based application and is a business licensing issuing agency. contained in the AHU Online System is an important requirement. Where, the filling/registration in the AHU Online System is carried out by a Notary. This connection is the background of this research. The purpose of this research is to find out the roles and responsibilities of a notary in OSS business licensing for limited liability companies (PT) and to find out the obstacles and solutions in OSS business licensing for PT. The type of research used in this research is a juridical-empirical research type with a descriptive analytical nature. The data source used comes from primary data in the form of interview results and secondary data which includes primary legal materials and secondary legal materials. Data collection techniques were carried out using library research and interviews. Data analysis was carried out qualitatively by drawing deductive conclusions.  The results of this study indicate that in business licensing OSS the notary acts as a general official making authentic deeds and an official who plays a role in registering limited company AHU Online data filling. Where, in carrying out its role, there is a risk of making mistakes which result in non-compliance with the rules so that the notarial deed becomes a private deed and the risk of errors in filling in the AHU data which results in failure in withdrawing the AHU data when submitting an application in the OSS system. The notary's responsibility for mistakes in making a deed that does not pay attention to the rules in making it and mistakes in filling in AHU data is a moral responsibility where the notary needs to be morally responsible for his actions by making improvements according to procedures and material responsibility where the notary bears the burden of costs incurred due to errors that occur. The limited liability company's obstacle in making applications to the OSS system is when there is a data discrepancy between the data in the OSS system and the data in AHU resulting in a failure in data retrieval. Apart from that, obstacles can also occur due to errors or incompatibility of dukcapil data or data on DGT Online.Abstract: Company; Online; Notary.
Form of Supervision and Guidance of Notaries By The Regional Supervisory Council (Mpd) Regarding Notaries Who Do Not Perform Their Offices Setiyowati, Elis; Ma'ruf, Umar
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 determine and analyze the form of supervision and guidance of notaries by the regional supervisory board (MPD) towards notaries who carry out their duties to prevent violations of the authority of the notary's office and to determine and analyze the sanctions given by the regional supervisory board (MPD) to notaries who do not carry out their duties properly. The approach method in this study is the normative legal approach method. The research specification used is descriptive analytical research. The type of data uses secondary data. Data collection with the library study method. The data analysis method used is qualitative descriptive analysis. The results of the research and discussion in this study are: The form related to the supervision and guidance carried out by the Regional Supervisory Board (MPD) towards notaries is very important in preventing violations of the authority of the office and increasing the professionalism of Notaries. The purpose of supervision is to maintain the integrity of the notary profession, protect public interests, and ensure compliance with applicable laws, so that the notary profession remains trusted as an institution that plays a role in maintaining legal certainty in society. Finally, the implementation of supervision and guidance of notaries by the Sukabumi regional supervisory board (MPD) has been quite good and optimal with the condition of the MPD, namely that good cooperation is needed between the Sukabumi MPD and Notaries in Sukabumi. Implementation of Notary Supervision and Guidance Sanctions by the Regional Supervisory Council (MPD) through supervision (repressive) and guidance (preventive). Furthermore, if there is a Notary who violates Article 7 paragraph (1) letter a UUJN and is proven, a written warning will be given a maximum of 3 times. However, if the Notary who has been warned still has not improved his performance in accordance with the advice of the Regional Supervisory Council (MPD), this violation case can be continued to the Regional Supervisory Council (MPW) level to be given heavier sanctions. Finally, guidance actions (preventive) to prevent the recurrence of violations. Guidance actions taken can be in the form of socialization activities or counseling related regulations that are routinely scheduled for Notaries.
Werda Notary's Responsibility for the Loss of Minutes of the Deed He Made Utami, Siska Nur
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 study aims to analyze: 1) The legal responsibility of notaries for the loss of minutes of deeds they have made. 2) Legal protection of notaries related to the deeds they have made. The approach method used in this study is the normative legal approach. This type of research is included in the scope of normative legal research. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The legal responsibility of notaries for the loss of minutes of deeds they have made, namely that notaries are not responsible for the loss of minutes of deeds after the handover of the protocol to the notary receiving the protocol. Notaries are only responsible for minutes that are lost when the notary is still in office. This is because there is no obligation for notaries to remake minutes of deeds that are lost or damaged due not to the negligence of the notary providing the protocol or the notary who is in office. But this responsibility has been transferred to the recipient of the notary protocol. Therefore, the responsibility is transferred because the loss or damage of the deed is due to the negligence of the protocol holder. Notary protocol or commonly called minutes of deed if lost later. 2) Legal protection of notary's assistant related to the deed made, namely in the Notary Law there is no specific regulation regarding legal protection for notary's assistant. The form of protection required is through the existence of statutory regulations and protection from the Indonesian Notary Association (INI). The Indonesian Notary Association (INI) has a protection field, one of the tasks of which is to accompany notaries and notary assistants, within the framework of the profession with the approval of the Supervisory Board, when summoned by investigators, prosecutors or judges. There is no clarity on the time limit for notary's assistant's responsibility for the deed made, so special legal protection is needed for Notaries, especially for notaries who are no longer in office (notary assistant).Keywords: Deed; Legal; Responsibility; Werda.
Legal Protection For Land Certificate Owner Which Coordinate Point Is Different With Land Object Pusparukmi, Nirwanadewi; 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

Land as one of the agricultural sectors is an important factor for the people of Indonesia. Such is the importance of land for human life, so it is not surprising that every human being wants to own and control it. This desire to control often results in land problems and disputes in social life.The problems that will be examined in this research are: 1)How are the coordinates of the land object different from those listed on the certificate? 2) What is the legal protection for the certificate owner whose coordinates are different from those listed on the certificate? The method used in this research is empirical juridical, namely an approach based on applicable law and based on reality in practice. Based on the problems above, it is known that 1)The Head of the Land Office corrects the error by making a report on the correction, as stipulated in Article 41 paragraph (3) and (6) of the Agrarian Regulation/Head of BPN 3/1997, 2) Preventive legal protection, where legal subjects are given the opportunity to file objections or opinion, the aim is to prevent disputes from occurring.
Legal Position of Land Sale and Purchase Agreement with Fully Certified Land Under Hand Against the Interests of the Heirs Wahyuni, Ayuni Sri; Sri Darmadi, Nanang
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

This research aims to analyze: 1) The legal position of private sale and purchase agreements. 2) Legal protection for heirs who use a sale and purchase agreement in full under their hands. This type of research falls within the scope of normative legal research. The approach methods used in this research are the case study approach and the statutory approach. This type of data uses secondary data obtained from literature studies. The data analysis method used in this research is prescriptive. The research results were concluded: 1). The legal position of a signed sale and purchase agreement in full is that it has the power of proof in a case and its truth cannot be denied, so the private letter must be legalized. The Civil Code regulates private deeds as described in Articles 1874, 1874a, and Article 1880. These articles require that every private deed must be accompanied by a dated statement, given by a notary or other official recognized by Constitution.  2) Legal protection for heirs who use a private sale and purchase agreement in full has several forms, although in this context, legal protection may be more limited compared to using an authentic sale and purchase agreement made before a Notary/PPAT. However, some forms of protection that can be obtained are Proof of Writing, Acknowledgment of Signature: If the signature of the seller's heir is recognized as authentic and valid, this can provide proof that the agreement was indeed signed by the party concerned, Witness Attestation, and Transaction Integrity. However, it should be remembered that a private sale and purchase agreement does not usually have the same legal force as an official deed registered with an authorized government agency.
The Settlement of Non-Definite Loans through the Execution of Collateral Rights Pertiwi, Tusi Wirahayu; Hafidz, Jawade
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

The objective of this study is to discover and analyze the Settlement of Bad Credit Through Executing Mortgage Guarantees at PT BPR Gunung Rizki in the city of Semarang, as well as to discover and analyze the obstacles faced in setting up bad loans through executing mortgage guarantees, as well as how to overcome the obstacles encountered in Settlement of bad debts through the execution of collateral rights. The research method used in this thesis is a sociological juridical legal research method, and the research specification employs descriptive analysis. The primary data used in this study is the 1945 Constitution, Act No. 4 of 1996, Mortgage law, Civil Code (KUHPerdata), Criminal Code (KUHP), and secondary data containing books and other supporting documents collecting research data by interview techniques and study of documents or library materials. The data analysis method used in this study is an interactive qualitative model as proposed by Miles and Huberman. The results of the study show that the settlement of bad loans through the execution of mortgage guarantees at the bank has procedures, terms and conditions from the time the debtor submits a credit application until the credit that has been given by the bank is paid off. Settlement of bad debts through the execution of mortgage guarantees is regulated in Act No. 4 of 1996 concerning the Mortgage Act (UUHT).Keywords: Credits; Execution; Guarantees; Mortgage; Right.
The Juridical Analysis of the Application of the rechtsverwerking Institution Kusuma, Nadya Novina
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 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.
Legal Consequences Of A Notary Who Violates Office Ethics In Making An Authentic Deed Prakoso, Sugeng Tangguh Budi
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

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Juridical Implications of Making of the Deed of Binding the Sale and Purchase of Land that Guarantees Individual Debt Pratiwi, Eka
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

As social beings, humans need other humans to meet their needs. What's more, the human need for land continues to increase, in line with the increasing human population in Indonesia. Fulfilling the need for the land, can be done by carrying out sale and purchase transactions, and transferring rights over the land in order to obtain valid legal certainty in accordance with applicable regulations. The more important the need for land, the more problems that arise related to the transfer of land rights. As with the buying and selling process in general, besides the subject and object that must be clear, in buying and selling land there will also be rights and obligations that must be fulfilled by both parties. If one party is negligent and does not fulfill its obligations, as stated in the agreement. As described above, the author is interested in conducting research with the title "Juridical Implications of Making Deeds of Sale and Purchase Binding of Land that Become Guarantees for Individual Debt". The formulation of the problem to be examined is (1) what are the juridical implications of making a Sale and Purchase Binding Deed for land objects that are collateral for individual debt, made by a Notary? (2) what is the position and responsibility of the parties to the Deed of the Sale and Purchase Agreement? (3) what is the form of the Deed of Sale and Purchase Agreement on the land that serves as collateral for individual debt? The research method used to obtain data in this study, uses a normative juridical approach, with descriptive research specifications analytical. This normative legal research is also referred to as library legal research, where library materials constitute basic data in (science) research which is classified as secondary data, and then analyzed qualitatively. Based on the results of research conducted by the author, it is known that the legal consequences of making the Deed of Agreement Binding Sale and Purchase Authorization, which is the object of sale and purchase in the agreement, is the object of collateral for the individual debt to be null and void. sale and purchase in the agreement, is the object of collateral for the individual debt to be null and void by law. The Buyer can apply for a return of payment for land, compensation or fines, due to non-fulfillment of the obligations of the Seller, as stated in the Sales and Purchase Agreement.Keywords: Guarantees; Implications; Juridical.
Juridical Analysis of the Implementation of Cyber Notary in Indonesia is Associated with the Obligations of Parties to Sign Deeds Electronically Listiyani, Novita
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

Article 15 paragraph (3) UUJNP notary has the authority to certify transactions conducted electronically (Cyber Notary). From the Elucidation of Article 15 paragraph (3) of the UUJNP, there is no further understanding regarding the certifying authority possessed by a notary, there is no explanation regarding the meaning of the word certifying, causing a blurring of legal norms. This article aims toknow and analyzethe implementation of Cyber Notary in Indonesia is associated with the obligations of the parties to sign the deed electronically and how legal certainty is regarding a deed made with the Cyber Notary mechanism. This research uses the sociological juridical approach method, the specification of the analytical descriptive research is how to describe the condition of the object under study, the data collection method is done by interviews and literature studies, as well as the qualitative analytical method as a method in analyzing data. Based on research results and discussion: 1)Cyber notary has begun to be implemented in Indonesia, for example inmaking of a minutes of meeting at the General Meeting of Shareholders (GMS) of a Limited Liability Company by a Notary, but using electronic media is contrary to Article 16 paragraph (1) letter m of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2014 2004 concerning Notary Office; 2)With the cyber notary concept in making Authentic Deeds it is still contrary to the terms and mechanisms in the Authentic Deed itself both regulated in the Criminal Code, UUJN and UU ITE. Where there is an element of "confronting" as a formal requirement that must be fulfilled by the Notary and the parties in making an Authentic Deed, so that if these conditions are not fulfilled, the status of the deed which was originally considered an Authentic Deed which has the strongest evidentiary power can change to a deed under the hand.Keywords: Agreement; Evidence; Obligation.

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