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INDONESIA
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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Authority of a Notary in Legalizing the Establishment of a Limited Liability Company After the Job Creation Law Was Passed Saputra, Muhammad Rezki Wira; Hafidz, Jawade
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 legal basis for Limited Liability Companies in Indonesia has changed with the enactment of Law No. 6 of 2023 concerning Job Creation which replaced Law No. 40 of 2007. Capital partnership businesses and limited liability companies are now two parts of limited liability companies. As a result of these changes, this research aims to examine the authority of notaries in validating the establishment of limited liability companies after the ratification of Law No. 6 of 2023 concerning Job Creation. This research uses a normative juridical approach method through literature study techniques. Based on research findings, the presence of a notary is still needed when a company must change its legal status to a capital partnership company after the Job Creation Law is passed. This situation arises if the number of shareholders exceeds one person and/or the company no longer meets the criteria as a Micro and Small Enterprise. Before an individual company can change its status to a capital partnership company, this status transition must be carried out through a notarial deed and then registered electronically with the Minister.
Validity of Covernote Issued by Notary in Certificate Guarantee at Bank Avicena, Yusnika
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

This study aims to determine and analyze the validity of covernotes issued by notaries in guaranteeing certificates in banks and legal protection for banks and customers in the event of default in the use of covernotes as credit guarantees. The research approach method used in this thesis is the normative legal research method. The specifications of this study use descriptive analysis. The types of data used in this study are primary legal materials including the 1945 Constitution, the Civil Procedure Law, Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking, Law No. 4 of 1996 concerning Mortgage Rights, Law No. 8 of 1999 concerning Consumer Protection, Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, as well as secondary legal materials containing books, journals, and other supporting documents. Tertiary legal materials contain the Great Dictionary of the Indonesian Language, Encyclopedia. Data collection using literature study techniques. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the validity of the covernote as a credit guarantee by the bank is only as a temporary guarantee. Covernote is not evidence of collateral, only a statement issued by a notary due to urgent interests, and is always made by a notary based on the customs in issuing deeds or certificates that are still in the process such as mortgage certificates. And if a problem occurs, the bank can make a claim for the return of receivables from the debtor through mediation or filing a lawsuit in court. Legal protection for creditors and customers in the event of a default in the use of covernotes as credit guarantees is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Law, Legal protection for creditors is regulated in Article 11 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking.
Legal Protection for Creditors Due to Cancellation of Deed of Granting Mortgage Rights (Apht) and Power of Attorney to Charge Mortgage Rights (Skmht) Selinda, Risma; Arpangi, Arpangi
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 agreement between the bank and the customer will create a relationship involving debts. In banking practice, the bank must ensure that the funds lent protected by legal collateral. Therefore, the role of the Land Deed Official (PPAT) is important to ensure that the mortgage binding process. This is an effort to provide legal protection for creditors. The purpose of this study is to analyze: 1) Legal protection for creditors due to the cancellation of APHT and SKMHT at PT BPR BKK Purwodadi (Perseroda). 2) Judge's considerations in the decision on the lawsuit for the cancellation of APHT and SKMHT at PT BPR BKK Purwodadi (Perseroda) with case number 41/Pdt.G/2023/PN Pwd. This type of research is sociological juridical research. The approach method in this research is a Qualitative approach. The types and sources of data in this research are primary data and secondary data obtained through interviews and library studies. The analysis in this research is descriptive analysis. The results of this study are that legal protection for creditors is realized by ensuring that the credit granting process runs according to applicable provisions, through the creation of a credit agreement in the form of a notarial deed. The legal relationship with Case Number 41/Pdt.G/2023/PN Pwd is a debt-receivable relationship.Keywords: Creditors; Legal; Officers; Protection.
Juridical Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee at Bank Central Asia Putri, Rikhi Mahardhika; Arpangi, Arpangi
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

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
The Role of Notaries in Making Deeds of Changes to Land Rights That Have Not Been Certified Pertiwi, Rohmatika Puspita Husadawati
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 the role of Notaries and PPATs in certifying land rights that have not been certified, also to find out the value of legal certainty of land rights that have not been certified, and to find out how the legal status of changes to land rights that have not been certified is. The research approach method used is normative law, namely a type of approach that refers more to the type of legislative approach, The Statute Approach. The types and sources of data that researchers use, namely secondary data, are divided into primary legal, secondary legal and tertiary legal materials. The data collection method uses library research and interviews and the data analysis method uses qualitative methods. The research results show that Notaries and PPATs must play a role in certifying land rights so that the rights and obligations of the certificate are clear and to avoid disputes. Apart from that, the PPAT Notary also plays a role in making deeds, if there are rights to land that have not been certified. A deed is made as proof that the right to the land has been certified, and if the land is to be bought and sold then the land title is valid because a certificate has been made. Uncertified land rights guarantee "legal certainty" for the sake of order and justice in people's lives. The legal status if there is a right to land that has not been certified is weak or the legal status is not strong enough, in the sense that the right to land that has not been certified, if for example there is a sale and purchase, then the legal status is not strong, imperfect, weak. In order for its legal status to be strong, it needs to be registered with the National Land Agency and have a deed drawn up by a Notary/PPAT so that its strength is perfect. The legal consequences that occur due to the sale and purchase of uncertified land are disputes over ownership of land rights, the lack of evidence that shows the land object means that the land object does not have legal certainty so that the validity of ownership cannot be determined.
The Role of the Notary in Making and Registering a Testament Deed Purwaningtyas, Ditha Aprilia
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

Notary as a Public Official who has the authority to make authentic deeds as stated in Article 15 paragraph (1) of Act No. 2 of 2014 concerning the Office of a Notary, one of which is making a will. This study aims to identify and analyze the role of a notary in making and registering a will and testament at BHP Kota Semarang and the responsibilities of a notary who does not register the deed of testament he has made. The research method used is the sociological juridical research method. The research specification uses a descriptive type of analysis using primary data sources and secondary data. Methods of data collection through field studies and literature studies. The analytical knife in answering the problem uses the theory of authority and the theory of legal certainty. The results of the study show that the role of the Notary in making wills according to the Civil Code is in the form of: making Supercriptie Deeds relating to explanations regarding secret wills and signing the deed and keeping them, keeping wills, keeping wills, making deed of appointment of executors of wills, and making deed Appointment of the manager of the inheritor's assets. According to the Compilation of Islamic Law (KHI), the role of a notary in making wills is in the form of making wills and deed of revocation of wills. Then, the Notary also plays a role in registering the will at the Heritage Agency (BHP). Ensure that the will has been registered and registered with BHP. The responsibility of the notary if he fails to register the will is a substantive responsibility.Keywords: Deed;Heritage; Treasure.
Implementation of Legal Certainty Values ​​in the Process of Increasing Land Rights in Demak Regency Nugroho, Prastyo Adi
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

Background of the study is In the context of improving land status in Indonesia, the implementation of legal certainty is an important issue that needs serious attention. Demak Regency as one of the regions in Indonesia also faces challenges in terms of improving land status which requires clear legal certainty. Land rights issues, land conflicts, and investment and development are the main focus in this context. Improving land status from Building Use Rights to Ownership Rights or other status changes requires a structured and transparent legal process. In this case, a study of the implementation of legal certainty related to improving land status in Demak Regency can provide a clear picture of the challenges, obstacles, and solutions that can be implemented to increase the effectiveness of the legal system in this case. The research method used by the author in this study is Empirical Research with a qualitative approach, using primary data and secondary data, data collection methods are carried out by interviews and observations, from the data collected will be analyzed using descriptive methods. The results of the study are the Regulation of the Minister of ATR/BPN Number 1339 of 2022 as the latest legal basis that strengthens the process of improving the status of Building Use Rights (HGB) to Ownership Rights (HM) in Demak Regency. This regulation complements regulations such as UUPA No. 5 of 1960, PP No. 24 of 1997, Regulation of the Minister of State for Agrarian Affairs/Head of BPN No. 3 of 1997, PP No. 46 of 2002, and Circular Letter of the Head of BPN-600-1900 dated July 31, 2003, and provide convenience for the community in the process of improving land status. The case of Mr. Budi and Mrs. Siti is a real example of the successful implementation of this regulation, although there were several obstacles such as completeness of files and understanding of procedures. The efforts of BPN Demak in socialization, improving services, and handling special cases also contributed to the smooth running of this process. Overall, this regulation provides legal certainty, benefits, and justice for the community in realizing stronger land ownership.
The Juridical Implications for the Cancellation of the Deed of Sale of Rights Caused Due to the Criminal Action of Fraud Maulana, Aji
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

This research aims to analyze the juridical implications of canceling the deed of sale and purchase of land rights caused by criminal acts of fraud in Tegal Regency. This research is a descriptive research with a sociological approach. Data collection was carried out through interviews, literature studies and documentation studies. Data analysis was carried out in a qualitative descriptive manner. This research shows that the juridical implication of canceling the deed of sale and purchase of land rights is due to a criminal act of fraud based on the provisions of Article 1321 of the Civil Code, namely that the agreement is deemed to have never existed and can be filed for cancellation based on Article 1328 in conjunction with Article 1449 of the Civil Code. The party committing the fraud must provide compensation to the injured party in the event that the cancellation of the said sale and purchase deed causes a loss.
The Role of Notaries in Making Limited Liability Company Legal Entity Deeds through the General Legal Administration System Sumari, Sumari; Ma'ruf, Umar
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

Registration of limited liability company legal entity deeded from a manual system to an electronic system or online is expected so that the registration or validation can run more efficiently and more effectively. Similar to the previous provisions, until now the process of making a request for registration into the General Law Administration System still requires the role of a notary. The purpose of this paper is to analyze: 1) The role of the notary in drawing up limited liability company legal entity deeds through the general legal administration system in Blora Regency. 2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the general legal administration system in Blora Regency. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analysis research. Types of data using primary data and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The research problems were analyzed using the theory of legal certainty and the theory of legal effectiveness with the results of the research concluding: 1) The role of the notary in making legal entity deeds of limited liability companies through the General Legal Administration system in Blora Regency, namely making deeds and making applications electronically through the general law administration system, because a notary deed that functions as an authentic deed must provide certainty and legal protection for the community and function as the most perfect means of evidence.2) The effectiveness of making and registering limited liability company legal entity deeds by a notary through the General Legal Administration System in Blora Regency is the registration of limited liability company deeds through the General Legal Administration System by a notary directly which strongly supports a faster and more effective registration completion process. Keywords: Administration; Company; Entity; System.
Legal Implications of Making a Certificate of Inheritance That Does Not Match the Heirs' Statement Yantin, Tri
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 analyze: 1) The legal implications of making a certificate of inheritance that does not match the information of the heirs can be considered invalid or does not have sufficient legal force to determine a person's inheritance rights. However, the Certificate of Inheritance is still valid as long as it is not stated that the deed is invalid by the Court Judge. Making a certificate of inheritance that does not match the information of the heirs will have legal implications. However, it does not have any legal consequences for the Notary, because the Notary is only a public official who is authorized to make a deed according to the information or wishes or legal acts given by the parties. 2) The notary's responsibility for making a certificate of inheritance that does not match the information of the heirs will not have legal consequences for the notary himself and the notary cannot be held accountable for anything, the party in the deed is responsible if the deed contains incorrect information, because the contents of the deed are the will of the parties, not the Notary. Except if the Notary participates in making incorrect information in order to gain profit, then it can result in the Notary also being prosecuted. Notary YP in this case does not need to be held criminally or civilly responsible for the legal acts he has committed, because in court it was proven that he did not violate any criminal or unlawful acts, so Notary YP does not need to be held legally responsible. The principle of responsibility held by a Notary, adheres to the principle of responsibility based on fault of liability, the Notary cannot be held accountable. Because, the Notary only records what has been conveyed by the parties and then the Notary pours what has been conveyed into the deed.

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