Jurnal Konstatering
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.
Articles
252 Documents
<![CDATA[Notary's Obligations for The Drafting of a Sale-Purchase Agreement Deed in Connection with Regional Retribution ]]>
<![CDATA[Nontji, Surya La]]>;
<![CDATA[Witasari, Aryani]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 1 (2025): January 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. This study analyzes the obligations and responsibilities of notaries in making a Deed of Sale and Purchase Agreement (PPJB) based on Regional Regulation Number 8 of 2023 and the Notary Law (UUJN). In addition, this study identifies the forms of sanctions that can be imposed on notaries if violations occur and evaluates the effectiveness of supervision and law enforcement in the notary profession. By understanding the regulations and their implementation, this study is expected to provide recommendations to improve the professionalism of notaries and legal protection for parties conducting land sale and purchase transactions through PPJB. The approach used is normative juridical with qualitative analysis methods. Data were obtained through literature studies, including laws and regulations, court decisions, and related legal literature. The analysis was carried out by examining the obligations of notaries based on regulations and comparing their implementation in practice. In addition, the study examines the form of sanctions against notaries in violation of the making of PPJB and the role of the Notary Supervisory Board in ensuring compliance with regulations. The results of the study show that notaries have an important role in ensuring the validity and legal certainty of PPJB. Compliance with the law protects the rights of the parties and prevents disputes, but obstacles such as lack of documents from related parties and potential abuse of authority still occur. Administrative, civil, and criminal sanctions regulated in the UUJN and Regional Regulation Number 8 of 2023 need to be implemented more effectively in order to provide a deterrent effect and increase the accountability of the notary profession.Keywords: Deed of Agreement; Notary Obligations; Retribution.]]>
<![CDATA[Juridical Analysis of the Use of Barcodes in Notarial Deeds in Order to Improve Security Aspects ]]>
<![CDATA[Riqoyani, Kharisma Adelia]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to determine and examine the position of notarial deeds in relation to the use of barcodes in order to improve security aspects, and to determine and examine the legal consequences of the use of notarial deed barcodes in order to improve security aspects. The research approach method is normative juridical. The research specifications are descriptive analytical. Data sources consist of primary data, secondary data in the form of primary legal materials and secondary legal materials, and tertiary data. Data collection techniques are in the form of literature studies using library research techniques. Then all data is analyzed using qualitative descriptive methods. The results of the study indicate that the legal analysis of the use of barcodes in notarial deeds in order to improve security aspects: First, the position of notarial deeds in relation to the use of barcodes in order to improve security aspects is that as long as notarial deeds that use barcodes do not change, replace, and do not add words that can lead to other interpretations with the substance of the head of the deed, the contents of the deed, and the closing of the deed, it means that it is valid. Second, the legal consequences of the use of barcodes in notarial deeds in order to improve security aspects are that there are no prohibitions, so that the purpose of securing notarial deeds can be carried out properly and correctly as long as they do not conflict with the UUJN.Keywords: Barcode; Deed; Security.]]>
<![CDATA[Roles & Responsibilities of Notaries Regarding the Deed of Will which is Made In front of Notary ]]>
<![CDATA[Nurani, M. Syaefudin]]>;
<![CDATA[Hasana, Dahniarti]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This legal research aims to know the role of a notary in the settlement of a will made before a notary, the responsibility of a notary to a will made before a notary and how is an example of a testament deed made by a notary. This research is a sociological juridical research  with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that Obligations that must be carried out by a notary after a will is made are obliged to notify all testament acts that he made to the Central List of Wills (DPW) and Heritage Hall (BHP) both open testament (Openbaar Testament), written testament (olographis testament), or closed or confidential testament. Thus the notary has a very important role and the notary's responsibility for the testament act made before him, namely moral responsibility, ethical responsibility, and legal responsibility consisting of formal and material aspects. With respect to a testament act made before him, the notary is responsible for reading it out in front of witnesses. After that, the notary will notify the testament act to the Central List of Wills, the Directorate of Civil Affairs, the Directorate General of General Legal Administration, the Ministry of Law and Human Rights and the Relic Treasure Hall (BHP).]]>
<![CDATA[The Role of the Notary in Preventing and Overcoming Mistakes in Van Omstandigheden Made by Housing Developers in Home Purchase and Sale Credit Agreements through the Developer ]]>
<![CDATA[Faizal, Akhmad Bagus]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The implementation of housing credit agreements through housing developers often experiences problems, one of which is fraudulent acts committed by the developer, resulting in losses for both housing buyers and the bank as the loan fund provider. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in the interactions between them. That the real reality of life does not exist in the empirical realm which is also the observational realm, it does not appear in the form of behavior that is patterned and structured objectively (let alone normative) and therefore can be measured to produce quantitative data. The reality of life actually only exists in the realm of meaning which appears in the form of symbols which can only be understood after being interpreted. Such a reality cannot be easily "captured" through external observation and measurement. Based on the research conducted, it was found that Notaries have also increasingly become mediators in disputes related to notarial matters, including the issue of agreements for the use of building construction services, this is a development of the authority of Notaries as Notary legal instructors. In its development, this does not yet have legal certainty considering that the UUJN does not expressly state that a mediator is one of the authorities of a Notary, however, the UUJN also does not contain a prohibition on a Notary becoming a mediator, and it is common knowledge that a mediator is also not a position that is included in the State Civil Apparatus. The absence of clear regulations regarding the notary's position as a mediator means that the notary's position as a mediator in notarial disputes does not have a clear legal basis. So the role of the Notary also does not have legality in deciding the mediation of a failure to build dispute, or the results of the Notary's mediation in cases of fraud committed by housing developers in housing sale and purchase agreements through KPR credit.]]>
<![CDATA[The Juridical Implications of Cancellation A Marriage Agreement ]]>
<![CDATA[Marsono, Marsono]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The aim of the research is to find out and analyze the juridical implications of canceling the marriage agreement made by a Notary, and to find out and analyze the legal consequences arising from the cancellation of the marriage agreement made by a Notary due to the non-fulfillment of the objective elements in the marriage requirements. This research is a qualitative research with a sociological juridical approach. The assets acquired during the marriage are in the form of land acquired during the marriage if both parties carry out a mixed marriage or marriage between different nationalities the land must be released because there has been a mixture of assets in which Indonesian citizens will lose their rights to their land. The legal consequences arising from the cancellation of the marriage agreement made by a Notary due to the non-fulfillment of the objective elements in the conditions of marriage for the husband and wife concerned after a District Court order is issued, namely returning to its original state before the existence of the agreement, as well as the creation of a joint property union between the husband and wife. While the inheritance will remain under the control of each party that brought it into marriage. It is suggested that the marriage agreement should be made based on the agreement of the parties and set forth in an authentic deed made by a notary so that the agreement has perfect and permanent legal force and is binding for both parties. Legal consequences with the cancellation of the marriage agreement that has been stipulated, for prospective married couples who want to make a marriage agreement in order to better understand all the consequences that will be received after the marriage agreement applies between them.Keywords: Agreement; Canceling; Marriage.]]>
<![CDATA[Registration of Land Property Rights Results of Exchange with Village Cash Land through the Complete Systematic Land Registration Program ]]>
<![CDATA[Dwijayanto, Kurniawan Yoganing]]>;
<![CDATA[Hanim, Lathifah]]>
<![CDATA[ Jurnal Konstatering Vol 2, No 2 (2023): April 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Complete Systematic Land Registration (PTSL) is a land registration process for the first time, which is carried out simultaneously and covers all land registration objects that have not been registered in a village or sub-district area or other names equivalent to that. Land is not always located in strategic areas. There are several processes including land swaps.The aim of this research is to find out and analyze the process of registering freehold land as a result of an exchange with village treasury land through the PTSL program until the issuance of a freehold certificate in Cilacap district; To find out and analyze the obstacles and solutions faced by the Petitioner, the Regional Government of Cilacap Regency, and the Cilacap Regency Land Office in the Process of Registering Freehold Land as a result of an Exchange with Village Treasury Land through PTSL until the issuance of a Freehold Certificate in Cilacap Regency.In this study, the type of Juridical Sociological research was used, the research specifications were descriptive in nature. The data sources used by the authors were primary data and secondary data. The results of this study areThe process of exchanging community land for village treasury land in Cilacap Regency complies with applicable regulations, namely in accordance with the Letter of the Cilacap Regent dated 22 December 2004 Number: 143/033/00. While the process of registering freehold land as a result of swaps with village treasury land through the PTSL Program in Cilacap Regency is in accordance with the PTSL technical instructions Number 1/Juknis-100.Hk.02.01/I/2021 and has been completed until the issuance of the Freehold Certificate. The Petitioner and the Regional Government in implementing the Registration of Freehold Land as a result of the Exchange with Village Treasury Land through the PTSL Program until the issuance of the Freehold Certificate in Cilacap Regency did not encounter any obstacles. Meanwhile, the obstacle faced by the Cilacap District Land Office is that the distance between the swap process and the very long land registration, which is 18 years, raises obstacles. Keywords: Exchange; Land; Registration; Village.]]>
<![CDATA[Legal Review of the Legal Position of the Private Sale and Purchase Agreement for Land Rights That Has Been Deeded (Case Study of Supreme Court Decision Number 08 K/Tun/2013) ]]>
<![CDATA[Avisina, Muhammad]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The deed registration process is only recorded by a notary, not one that is made from the beginning by a notary. What if one party evades it? If the deed under hand has been deed deed by a notary, is the notary also responsible for the deed? In this study, the author discusses the legal status of the Sale and Purchase Agreement (PPJB) for land rights under hand that have been deed deed (Case Study Number 08 K/TUN/2013). The approach method used in this thesis is normative by using primary data as the main data by conducting, normative legal research is a process to find a rule of law, legal principles, or legal doctrines in order to answer the legal issues faced. In addition, there is also a special approach, namely the statutory approach (Statute Approach), the statutory approach as one of the research approaches used by the author by examining the laws and regulations related to the legal issues being studied. The position of Notary in Indonesia is very necessary, in the explanation section of the Notary Law (UUJN) it is stated about the importance of the existence of Notaries as made in Law No. 02 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Notary Position. Notary is defined as a public official who is authorized to make authentic deeds and other authorities as referred to in this Law or based on other laws. If we look at the other notary authorities as stated in Article 15 paragraph (2) letter b UUJN.Keywords: Agreement; Purchase; Sale; Warmerking.]]>
<![CDATA[The Accountability of Officials Making Land Deeds (PPAT) Against Land Rights Grant Deeds Canceled by Courts ]]>
<![CDATA[Habibi, Hilman]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to find out and analyze the accountability of the official who made the land deed (PPAT) for the grant deed which was canceled by the court. The research approach method used in this journal is the sociological juridical method. The specification of this research is using descriptive analysis, which is research that describes a situation or event and also draws general conclusions from the problems discussed. The type of data used in this research is primary data covering the 1945 Constitution; Basic Agrarian Act No. 5 of 1960 Government Regulation Number 37 of 1998, Government Regulation Number 24 of 1997, Land Agency Agency Regulation Number 1 of 2006, as well as secondary data containing books and other supporting documents. Methods of data analysis obtained from the results of library research, field research will be analyzed using qualitative descriptive research. Based on the research, it was concluded that the results of the research show that First: The responsibility of the Officer who made the land deed for the Grant Deed which was canceled by the case study court Case Number: 0362/Pdt.G/2016/PA.Kng is in the form of responsibility for the obligation to make the deed regulated in Per ka BPN Number 1 of 2006, PP number 37 of 1998, PP Number 24 of 1997 accountability can be civil, administrative or criminal.Keywords: Accountability; Canceled; Court; Grants.]]>
<![CDATA[Legal Analysis of Land Certificate Legality (SKT) Towards Uncertified Land in Land Sale and Purchase ]]>
<![CDATA[Mi’rajiah, Dessy]]>;
<![CDATA[Sri Darmadi, Nanang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 4 (2024): October 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to analyze: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase. 2) The legal existence of land certificate as proof of ownership of land rights. This type of research is 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 through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legality of Land Certificate (SKT) for uncertified land in land sale and purchase in Indonesia has significant limitations. Although the SKT is administratively recognized and can be used as proof of physical control over land, this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In the context of land sales and purchases, the use of SKT as proof of ownership poses legal risks, especially in the event of a dispute, because the SKT does not provide a guarantee of legal ownership and is formally recognized by law. In order to achieve legal certainty and protect the rights of all parties involved in the transaction, the land title certificate remains the only document that is legally recognized as proof of ownership in land sales and purchases. Therefore, it is important for the parties in a land sale and purchase transaction to ensure that the land being traded has a valid certificate, in order to avoid potential legal problems in the future. 2). The legal existence of the Land Certificate (SKT) as proof of land ownership in Indonesia is recognized in the administrative and physical control context, especially in areas where land registration has not been optimal. SKT is often used by the community as proof of land ownership and for administrative purposes, however, the legality of SKT is limited because this document does not have the same legal force as a land title certificate issued by the National Land Agency (BPN). In land disputes or formal legal processes, land certificates are prioritized as proof of legal ownership.]]>
<![CDATA[Effectiveness of the Supervisory Board of Notaries (Mpdn) Supervisory Board Supervisory Board (Mpdn) on Violations of the Code of Ethics for the Notaries Office in Pandeglang Regency ]]>
<![CDATA[Haq, Fazal]]>;
<![CDATA[Widayati, Widayati]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 1 (2025): January 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Supervision by the Regional Notary Supervisory Council (MPDN) is not only the implementation of the duties and positions of Notaries to comply with the provisions of the Notary Law, but also supervision of the behavior of Notaries that can harm the dignity of the Notary's position. This study aims to determine and analyze the Effectiveness of MPDN Supervision of Violations of the Notary Code of Ethics in Pandeglang Regency; and to determine and analyze the obstacles and solutions in MPDN Supervision of the implementation of the duties and positions of Notaries in Pandeglang Regency. The approach method used in this study is empirical legal research using primary data as the main data and secondary data as library data. This study uses a qualitative analysis approach. Based on the research results, it can be seen that MPDN is still not effective in supervising Notaries in Pendeglang Regency in carrying out their duties and authorities. In its implementation, related to the authority of MPDN to receive reports, MPDN then holds a hearing to examine any alleged violations of the implementation of the notary's position, but MPDN is not given the authority to impose any sanctions. MPDN is only authorized to report the results of the hearing and examination to the Notary Regional Supervisory Board (MPWN) with a copy to the reporting party, the notary concerned, the Central Supervisory Board, and the notary organization.Keywords: Notary; Position; Supervisory; Violations]]>
