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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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Notary's Responsibility in Preventing and Overcoming Money Laundering Crimes in Pekalongan Regency Putri, Genna Ellana
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

The purpose of this study is to analyze: 1) To find out and analyze the responsibility of Notaries in Preventing and Overcoming Money Laundering Crimes in Pekalongan Regency. 2) To find out and analyze the Obstacles and Solutions in preventing and overcoming money laundering crimes in the Notary profession in Pekalongan Regency. The method of approach in writing this research is the Juridical Sociological approach. The data used in this study are primary data including the 1945 Constitution; Law No. 2 of 2014; Law on the Prevention and Eradication of Money Laundering; Notary Code of Ethics; Civil Code and Criminal Code. As well as secondary data containing books and other supporting documents. Data collection of research using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is an interactive qualitative model analysis as proposed by Miles and Huberman. The results of the study indicate that Notaries are required to be active in making efforts to prevent money laundering, especially from parties who are their clients and because Notaries as a legal profession should also be able to integrate with other professions / other law enforcers to become professional law enforcers in law enforcement duties. The role of the legal profession can only be carried out properly if it receives support for strengthening the code of ethics of the legal profession which until now is still somewhat vague or unclear, so that malpractice does not occur in the legal process. Notaries in Pekalongan Regency must apply the principle of recognizing service users (Know Your Consumer). The obstacles faced by notaries in efforts to eradicate money laundering are related to the theory of absolute secrecy, especially related to the obligation to maintain client confidentiality. In Indonesia, notaries have a legal obligation to maintain the confidentiality of all matters relating to the deeds they make.
Notary's Responsibility For Deeds That Are Not Read, Position Of The Deed And Sanctions For Notaries Who Do Not Read The Deed They Have Made Pranoto, Mulyo
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 find out and analyze, that the Notary profession has obligations that should be carried out, to provide legal certainty and ensure that what is contained in the notarial deed can really be understood and is in accordance with what the parties want, the Notary's obligation to read the deed made and explaining the situation of the parties if the deed is not read in front of the parties at the closing of the deed in accordance with the Law. That if there is a misunderstanding between the parties regarding the deed that has been made and this causes the deed to be unclear, then the position of the notarial deed is worthy of being questioned as well as the responsibility of the Notary who deliberately does not read the deed he has made in front of the parties. The method used is the method normative juridical research with a case approach, analytical approach, and legislative approach. The research results showed that reading a deed is an obligation, as one of the bases for an authentic deed made by a Notary, which if not carried out could result in a default on the deed. A notary who deliberately does not read a deed made in front of the parties is a violation which results in the deed he made becoming null and void and its evidentiary power being degraded to a private deed.
The Implementation of Lease Agreements for Village Treasury/Cash Land by the Government Yuliasari, Euis
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 purpose of this research to study the implementation of the lease agreement on village treasury land carried out by the Pamengkang Village Government and State Junior High School of 2 Mundu Cirebon Regency, as well as to study the management and utilization of village treasury land which was leased to State Junior High School of 2 Mundu Cirebon Regency. This research method uses descriptive analysis. The specifications of the research used are library research, interview techniques and document studies. Source of data used in the form of primary data obtained by interview results. Based on the results of the study, it was concluded: 1) the implementation of the lease agreement on village treasury land by the Pamengkang Village Government and State Junior High School of 2 Mundu Cirebon Regency with the approval of the BPD (Village Consultative Body). Leases are made for a certain period of time, rental period of 1 year. Each year the agreement is renewed with a different price agreement. The Pamengkang village government annually submits a proposal to the school for an increase in the price of land rent, and the school negotiates with the Pamengkang village government to agree on a price to be agreed upon that year as outlined in the agreement. 2) management and utilization of village treasury land that is leased out for the management of the land is carried out for the public interest and the village's original income. The Pamengkang village government only provides the enjoyment/use of the land for a certain period of time, or in other words, the owner only hands over power over the goods by way of leasing, not to own it.Keywords: Agreement; Lease; Treasury; Utilization; Village
Legal Protection of Ownership of Hospital Land Rights Following the Issuance of Regulation of the Minister of Health of the Republic of Indonesia Number 56 of 2014 Concerning Classification and Licensing of Hospitals Susiawanto, Djarot Egro
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

The problem of hospital land ownership status began when the Minister of Health Regulation Number 56 of 2014 was issued, based on article 1 of PERMENKES Number 56 of 2014, namely "Hospital Establishment Permit, hereinafter referred to as Establishment Permit, is a permit granted by an authorized official to a Government agency, Regional Government or private bodies that will construct buildings or change the function of existing buildings to become hospitals after fulfilling the requirements stipulated in the Ministerial Regulation. This makes the author interested in researching the legal protection of ownership of hospital land after the publication of Regulation of the Minister of Health of the Republic of Indonesia Number 56 of 2014 concerning Hospital Classification and Licensing. The author conducted this research using a doctrinal type of research with a normative juridical method which was carried out by means of inventory of positive law, efforts to discover the principles and philosophical basis (dogma or doctrine) of positive law. qualitative data analysis. The Minister of Health's regulations governing the Classification and Licensing of Hospitals have undergone several changes. Regarding the licensing requirements for the establishment and extension of hospital operational permits which specifically regulate the status of hospital land ownership, they are only found in Minister of Health Regulation Number 56 of 2014 concerning Classification and Licensing of Hospitals, whereas with the latest Minister of Health Regulation concerning Classification and Licensing of Houses If you are sick in the Transitional Provisions, Minister of Health Regulation Number 56 of 2014 concerning Classification and Licensing of Hospitals is no longer valid. This has resulted in uncertainty regarding the provisions on the ownership status of the hospital's land and has become a polemic in the hospital. Meanwhile, in its implementation of visitation and verification functions, regarding the land ownership status of the Karanggede Sisma Medika Boyolali Hospital, the Boyolali Health Service is still guided by Minister of Health Regulation Number 56 of 2014 concerning Hospital Classification and Licensing, while this regulation has been declared no longer valid. From the description The impact of the uncertainty in regulations regarding licensing requirements for the establishment and extension of hospital operational permits, specifically regarding the ownership status of hospital land, can be concluded that there is no legal protection for hospitals or the public who use hospital services.
The Legal Position of Land Ownership Certificates Issued Not In Accordance with Administrative Procedures Abas, Devi Nurfadillah; 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

The purpose of this research is to find out: 1). To find out and analyze the legal position of land ownership certificates that were issued not in accordance with administrative procedures at the Office of the National Land Agency in Bau-Bau City. 2). To find out and analyze the responsibilities of the Head of the Land Office of Bau-Bau City for the issuance of land ownership certificates that are not in accordance with the procedure. The approach method used in discussing the problem of this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Types of data using primary and secondary data obtained through interviews and literature. The data analysis method used is qualitative. The results of the study concluded: 1). The legal position of the certificate of ownership rights to land that is issued is not in accordance with administrative procedures, namely the certificate of ownership rights can be canceled, either through the administrative settlement route by the National Land Agency or through the dispute resolution pathway by the court and of course must go through the existing procedures and also the applicant must be able to prove that the object is indeed his property. The position of the certificate plays a very important role in land disputes, because the certificate is a strong documentary evidence in various matters, especially for land disputes. The legal force of land title certificates is a guarantee of legal certainty for the certificate holder. Because this is a strong proof of ownership, meaning as long as it is not proven otherwise by other parties who feel entitled and have evidence to prove it, in this case the certificate has material legal certainty (negative publication with positive elements) which is adhered to in national land law. , but on the other hand the certificate also has formal legal certainty (positive publication), namely the legal certainty of a certificate containing written provisions contained in laws or other regulations is absolute, meaning it cannot be contested. 2). The response from the head of the Bau-Bau City Land Office is in accordance with PMNA/Head of BPN provisions No. 21 of 2020 concerning the handling and settlement of land cases by a decision of the Head of the National Land Agency or by delegating it to the Regional Office or a designated official. According to Article 29 paragraph (1) letter b states that "BPN RI is obliged to implement a court decision that has obtained permanent legal force, unless there is a valid reason not to carry it out". So BPN is obliged to implement the court's decision regarding the cancellation of the certificate or revoke the certificate. Keywords: Administration; Certificate; Procedure .
The Implementation of Land Rights Grant to Adopted Children by Their Adopting Parents Ahmad, Fadly Kaizar
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 purpose of this research for: 1. To find out the implementation of land rights grants to adopted children in terms of customary law, Islamic law, civil law. 2. To find out the legitimacy of grants of land rights given to adopted children by adoptive parents. 3. To find out the legal implications of grants to adopted children regarding land rights that will be withdrawn by their adoptive parents. Research methods it usesThe approach in this study uses an empirical juridical approach. Empirical juridical research is a problem approach regarding matters that are juridical in nature and the existing facts regarding matters that are juridical in nature. Empirical legal research or sociological research is legal research that uses primary data. The research results determine that: 1) Implementation of land rights grants to adopted children in terms of customary law, Islamic law, and civil law: a. The implementation of grants according to customary law is carried out according to what is customary or customary in each region in Indonesia. b. Implementation of grants according to Islamic law. Based on the Compilation of Islamic Law Article 210 Compilation of Islamic Law grants made must comply with the provisions of that article. c. Implementation of Grants According to Civil Law. Implementation of grants according to civil law is carried out according to Article 1666 of the Civil Code. 2) Legitimacy of Adoptive Children Against Grants of Land Rights Granted by Adoptive Parents. Adoption of a child also has an impact on inheritance, changing the status of a child who is adopted to become a child of adoptive parents brings juridical consequences to inheritance. This means that the adoption of a child results in a mutual inheritance relationship between the adopted child and his adoptive parents and vice versa. In line with what has been described above, adopted children have legal force and are entitled to grants given or inheritance given by their adoptive parents if the adoption is carried out according to statutory procedures. 3) Legal implications of grants to adopted children against land rights which will be withdrawn by their adoptive parents. Basically the Civil Code does not prohibit a person from giving his inheritance to his adopted child according to the provisions of the Civil Code. Whereas in Islamic law.Keywords: Adopted; Children; Grants; Parents.
Implementation of Four Land Order in the Field of Absentee Ownership of Land Rights Pradana, Yuda Sony Adhi; 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

This research aims to find out, explain and discover the obstacles to the implementation of Four Land Order in the field of absentee land ownership. The approach method in this research is a sociological juridical approach. The research specification is the implementation of the Four Land Order in the field of absentee land ownership. The data required includes primary data on the implementation of Four Land Order in the field of absentee land ownership. Data was taken using interviews, observation and literature study methods. The data analysis method uses interactive techniques. Interactive analysis means data is analyzed through three stages, namely reducing data, presenting data and drawing conclusions. Based on the research, it was concluded that the implementation of Four Land Order in the field of absentee land ownership in Kudus Regency is still less than optimal. Many land sales and purchases are carried out under the hands of the Land Administration Order. Ultimately, the goal of land reform to improve the welfare of farmers in particular, and create a just and prosperous society based on Pancasila in general, has not been able to meet the expectations to be achieved. The obstacles that arise in the implementation of the Four Land Order in the field of absentee land ownership can be grouped into 2 (two) groups, namely internal obstacles and external obstacles.
The Responsibilities of Housing Developers Due to Default in the Sale and Purchase Agreement of Home Ownership Mudasir, Ahmad
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 implementation of the role of a Notary related to PPJB according to the applicable laws and regulations. to find out and analyze the responsibilities of housing developers due to defaults in the sale and purchase agreement of home ownership to consumers of Tlogomulyo residence Semarang, and to find out and analyze legal protection for consumers for the sale and purchase agreement that has been mutually agreed upon with the Housing Developer Tlgomulyo residence Semarang. Sociological juridical law research methods. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Constitution; Act No. 1 of 2011; Basic Agrarian Law; the Consumer Protection Act, the Civil Code; The Criminal Code, 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 an interactive qualitative analysis model as proposed by Bodgan and Biklen. The research results show that the developer's responsibility is not only limited to what is stated in the agreement, but more than that, the developer must also be responsible for hidden defects/damage to the Tlogomulyo Residence Housing. Mutual protection for consumers for the PPJB which has been mutually agreed upon with the Tlogomulyo Residence Housing Developer, Pedurungan District, Semarang City, namely before PPJB can be carried out through deliberation to reach a consensus.Keywords: Agreement; Developer; Liability.
The Notary Responsibilities for Delay in Registration of the Fiduciary Guarantee Deed Japar, Abdul
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 how Notaries are responsible for late registration of Fiduciary Guarantees carried out by Corporations. The approach method in this study uses a Juridical Sociological approach and is analytically descriptive in nature. The results of the study show that if there is a delay in registering a fiduciary guarantee, for the sake of legal certainty and as an effort to resolve the delay in registering a fiduciary guarantee object, it is by making a new Fiduciary Guarantee Deed by presenting all the parties concerned to the fiduciary agreement or a notary can also provide other solutions such as making the Affirmation Deed on the Fiduciary Guarantee Deed that was previously made. Based on the Affirmation Deed, fiduciary guarantees that were previously registered late can be immediately registered by the Financing Company.Keywords: Fiduciary; Guarantee; Registration.
Analysis of Legal Protection for Land Rights Holders in Determining Compensation Related to Land Acquisition for Public Interest Based on Justice Values Yuda, Dela Fatma; Djunaedi, Djunaedi
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

Land acquisition for public interest often triggers conflicts and land problems, especially in the process of compensation for land rights holders which in its implementation tends to be inappropriate and unfair to land rights holders. The purpose of this study is to determine and analyze legal protection for land rights holders in determining compensation for land acquisition for public interest based on justice and to determine and analyze the legal consequences for land rights holders in determining compensation for land acquisition that is not in accordance with public interest based on justice. The type of research used in conducting this study is Normative juridical. Legal protection for land owners in land acquisition for public interest is realized through the provision of appropriate compensation based on Article 33 of Law No. 2 of 2012, with an assessment covering land, space above and below ground, buildings, plants, objects related to land, and other losses. However, the practice of compensation often harms land owners, so supervision is needed to ensure that the process is fair and in accordance with regulations. This supervision is important to prevent misappropriation and ensure the protection of land owners' rights legally.

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