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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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Legal Review of The Role and Implementation of The Obligations of Notaries in Changing The Articles of Association of Limited Liability Companies Prasetiyo, Yon Rizeki Eko; Widayati, Widayati
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 role of notaries in the process of changing the articles of association of limited liability companies and to determine and analyze the legal consequences of the role of notaries in changing the articles of association of limited liability companies. The approach method in this study is the sociological legal approach method. The research specifications used are analytical descriptive research. The type of data uses primary and secondary data. The results of the research and discussion in this study are: The role of notaries in the process of changing the Articles of Association of Limited Liability Companies (PT) is very important, because notaries are responsible for ensuring that the changes are made in accordance with applicable legal provisions. Notaries play a role in preparing and witnessing the signing of the deed of change to the Articles of Association by shareholders, as well as ensuring that the necessary procedures, such as approval of the General Meeting of Shareholders (GMS), have been carried out correctly. In addition, notaries are also required to ratify the changes and register them with the Ministry of Law and Human Rights (Kemenkumham) to obtain ratification and a legal number. Thus, notaries ensure that changes to the Articles of Association of PT are valid and legally recognized. Furthermore, for the second discussion, Notaries also play a role in the process of changing the articles of association of a PT, such as: Making a notarial deed, Ensuring business capital and shares, Ensuring the company's organs, Submitting an application for approval from the Minister of Law and Human Rights, Providing legal counseling. The existence of a Notary is inseparable from the requirements stating that a Notary is someone whose data can be trusted, relied on, and whose stamp and sign provide evidence and guarantees that are of sufficient value. Based on this description, for each change to the Company's Articles of Association, a Notary must make a deed of amendment to the Articles of Association, where this deed is another deed that contains changes to the previous Articles of Association.
The Role of the Regional Notary Honorary Council in Guiding and Supervising the Notary Code of Ethics in Pekanbaru City Pujiono, Arik
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 determine and analyze the role of the Notary's Regional Honorary Council (DKD) in providing guidance and supervision to Notaries who violate the Notary's Code of Ethics and how to enforce sanctions against violators of the Notary's Code of Ethics by the Notary's Regional Honorary Council in the city of Pekanbaru. In this research, the author uses empirical legal research. The empirical legal research method is legal research which functions to see the law in real terms and examine how the law works in society. The structural approach method is a method or approach to the operation of law in society based on the structures found in society. data structure approach obtained directly from respondents (research objects). The type of data used in this research is primary data. The analysis in this research is descriptive. Descriptive means that in analyzing the author the desire is to provide an overview or presentation of the research results. Collecting research data using direct interview techniques from the source, namely the Regional Honorary Council of Notaries in Pekanbaru City. The results of the research show that the Regional Honorary Council for Notaries in the city of Pekanbaru, in its supervision and guidance as well as providing sanctions, has not been effective, with the discovery of Notaries who still violate the Notary Code of Ethics stipulated in Law Number 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the position of Notary.
The Legal Protection for Parties in Making E-Notary-Based Authentic Deeds during the Covid-19 Pandemic Astuti, Dea; Wahyuningsih, Sri Endah
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 the need for authentic e-notary-based deeds during the COVID-19 pandemic and to find out legal protection for parties in making e-notary authentic deeds during the COVID-19 pandemic. The method used in this study is a sociological juridical analysis method, namely a review based on applicable laws and regulations with phenomena that develop in society. The results of the study show that E-Notary during the COVID-19 pandemic is very necessary to protect the notary and the public from the threat of the virus and aims to protect against document falsification. The application of the cyber notary concept in Indonesia is very necessary to anticipate other emergencies that cannot be predicted in the future. The protection of the parties in making an authentic deed based on e-notary has not been specifically regulated in positive law in Indonesia, so that the deed made is not in accordance with the provisions of the authentic deed as regulated in Article 1868 of the Civil Code and the Law on Notary Positions No. 2 of 2014 specificall in Article 38 UUJN and Article 16 paragraph (1) letter m UUJN then the strength of the notary deed does not have perfect proof like an authentic deed, it does not meet the requirements for the authenticity of a deed. Until now, electronic deeds are only considered as private deeds which are equivalent with documents, letters, and electronic certificates.
The Legal Position of Indonesian in Foreign Business Contracts Maulana, Riski; Lubis, Tiva Novianti
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 research evaluates the legal status of the Indonesian language in foreign business contracts in Indonesia, considering its crucial role in the validity and enforceability of agreements in the current era of globalization. Using a normative juridical approach and case studies, this study found that despite the legal obligation, the implementation of using the Indonesian language is often hindered by the understanding of foreign parties, which can lead to legal disputes. Therefore, clear guidelines and intensive socialization efforts are needed to ensure compliance with these regulations, in order to support more effective legal policies and practices in the field of international business.
The Covernotes Notary or Settlement of Liability Rights in Banking Credits Harviyana, Marisa; 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

Covernotes are usually issued by a Notary because the Notary has not completed his work relating to the requirements that have not been met by the parties to issue a deed. The problems in this study are: The legal basis and authority of a notary in issuing a covernote, Liability of a notary's covernote in completing the making of the Mortgage, The legal consequences that arise if the Notary fails to provide a covernote for the completion of the making of the Mortgage if the loan is bad. The purpose of this study is to know and analyze the regulation or legal basis and authority of a Notary in issuing Covernotes, to know and to analyze the responsibilities of a Notary to Covernotes in completing the making of Mortgage Rights. The research method used is normative juridical, research specifications are analytical descriptive. Data sources consist of primary, secondary, tertiary legal materials. Data collection was carried out by means of a literature study. Presentation of data presented in a narrative. Juridical-qualitative data analysis. Based on the results of the conclusion that Covernote is not regulated in legislation or positive law in Indonesia. Publishing and drawing up covernotes by a notary has no legal basis. The notary's responsibility for the covernote made in granting credit by the bank is limited only to the covernote made by the notary which has expired. Legal consequences for the Notary if he fails to carry out the covernote, the Notary can be held accountable for completing it immediately. Suggestions from the conclusion that it is necessary to have arrangements in making covernotes, such as regulating the formation procedures, conditions that must be met until publication into the Notary Office Act. Notaries are more careful in carrying out their duties, especially in issuing covernotes.Keywords: Banking; Covernote; Mortgage; Notary.
The Legal Certainty of Electronic Land Certificates in Land Law in Indonesia Hadi, Nofa Isnan
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 aims of this study were to analyze: 1) Legal certainty of electronic land title certificates in Indonesian land registration law 2). Obstacles and solutions in the implementation of making electronic-based land certificates in Indonesia. The approach method used in this study is a normative juridical approach. The specification of the research used is descriptive analytical research. This type of data uses secondary data sourced from literature. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1). The legal certainty of electronic land title certificates in the law of land registration in Indonesia is the urgency of holding land registration. The ultimate goal of the land registration process is the issuance of a document proving the right to land ownership, which is then referred to as a certificate. Electronic land certificates as proof of electronic ownership recognized by the ITE Law, especially those stipulated in Article 6. In terms of validity and legal certainty, there is no problem, let alone it has also been strengthened in Article 5 of the ATR/BPN Ministerial Regulation Number 1 of 2021. Legal certainty of electronic certificates in Electronic document forms can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and printed results as a valid form of evidence. This is a reference to the legitimacy of the position of the electronic certificate to be used as evidence in court as long as the data stored in the electronic system does not change (guaranteed its integrity) according to what is in the land book. 2). Obstacles in implementing electronic-based land certificates in Indonesia are the incomplete land database, there are still population problems such as E-KTP, the existence of laws and regulations that are still not in sync, limited internet access to access electronic certificates, lack of socialization of electronic certificates from the Government. The solution that can be done is to synchronize and complete the land database, solve population problems.Keywords: Certainty; Certificate, Land; Registration.
1.664 / 5.000 Notary's Liability for Signature Forgery by Applicant (Civil Case Study Number 256/PDT/2020/PT.BDG) Kurniasih, Kristin
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 legal system applicable in Indonesia regarding and determining the existence of written evidence is in accordance with the provisions in Article 1866 of the Civil Code, hereinafter referred to as the Civil Code, which states that the means of evidence include written evidence, witness evidence, suspicion, confession and oath. The method used in this study is the normative legal research method. The approach method used is a qualitative approach. The types and sources of data use primary and secondary data. The data analysis method used in this study is prescriptive. The results of this study are: Notary's Liability for the Deed of Transfer of Rights and Power of Attorney made before Notary DF, S.H, M.Kn. Number 6 and 7 dated November 30, 2009 in Cibinong, Bogor Regency, which contain elements of forged signatures (in the figure), the Notary cannot be held responsible, either civilly or criminally. As a result of the unlawful act in the form of forgery of the signature of the person appearing in the Deed of Transfer of Rights and Power of Attorney made before Notary DF, S.H, M.Kn. Number 6 and 7 dated November 30, 2009 in Cibinong, Bogor Regency, the notarial deed is null and void. On the grounds that the element of a "lawful cause" is not met, which is one of the objective requirements for the validity of an agreement.
Optimization of Community Participation in the Complete Systematic Land Registration Program (Ptsl) in Paren Village, Mayong District, Jepara Regency Putri, Ainaya Qalbina; 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. Complete Systematic Land Registration, hereinafter abbreviated as PTSL, is a Land Registration activity for the first time which is carried out simultaneously for all Land Registration objects throughout the territory of the Republic of Indonesia in one village/sub-district area or other name of the same level, which includes the collection and determination of the truth of physical data and legal data regarding one or several Land Registration objects for the purposes of registration. The approach method in this study is qualitative. This type of research includes empirical legal research. The types of data in this study are primary data and secondary data obtained through interviews and literature studies. The analysis in this study is descriptive. The results of the study concluded 1) The participation of the Paren Village community in the PTSL program is still relatively poor. This is evidenced by the target certificate data of 800 but community participation is only 539 2) The main problems faced in Paren Village are the lack of community participation in participating in the PTSL program, land that has not been divided or has not been divided, so that the community cannot participate in the certification process, lack of community understanding of the benefits and objectives of PTSL, costs that are considered burdensome, lack of effective socialization from the village government and BPN to provide an understanding to the community about the importance of PTSL.Keywords: Community; Participation; Problems; Registration; Village.
Legal Protection of Auction Buyers of Mortgage Objects Canceled by Court at the State Property Service Office and Auctions Yusuf, Adrian Hasfi; Gunarto, Gunarto
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: analyze the legal remedies of mortgaged object buyers at the State Property Service Office and Auctions that were canceled, To analyze the legal protection of mortgaged object auction buyers at the State Property and Auction Services Office which were canceled by the court, To analyze the mortgage objects in Office of the State Assets and Auction Service which was canceled by the court. Research Methods: The empirical juridical approach is that this research means that in analyzing the problem, it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about "Legal Protection Of The Position Of Buyer Auction Objects Of Liability Canceled At The Court' s Decision In The Office Services Of State Property And Auction In The City Of Pekalongan” This type of research is analytical descriptive, that is, this research is analytical descriptive, which describes the data obtained from observations, interviews, documents and field notes, then analyzed in the form of a thesis to describe the problem with the title chosen, namely Legal Protection Of Object Auction Buyer Position Liability Rights Canceled Court Decisions At The State Property Service Office And Auction In Pekalongan City. From the approach, this research uses an empirical juridical approach.
Elimination of Mortgage Rights on Property Rights Due to Land Acquisition for Public Interest at the Directorate of Land Procurement and Reservation Development Burhanuddin, Mohamad
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

The purpose of this research is to find out how mortgage rights over property rights are removed due to land acquisition for public purposes at the Directorate of Land Procurement and Reservation Development, based on primary data and secondary data. This research uses a sociological juridical approach. The data that has been collected from library research is then analyzed qualitatively. The research data was analyzed using qualitative methods, in the research using the analytical knife of legal protection theory and the theory of the operation of the law. It is concluded that: 1. The abolition of ownership rights over land which is used as the object of collateral for mortgage rights because land acquisition is for public purposes, by law, will also automatically cause the mortgage rights to be extinguished. This means that the mortgage right can no longer be used as material collateral for a principal agreement that was made previously. Law Number 5 of 1960 has provided legal certainty regarding the abolition of ownership rights to land which can be caused by the land falling to the state and the land being destroyed. The state has the power to regulate and administer the allocation, use, supply and maintenance of land. 2. Removal of ownership rights to land for public purposes according to Law Number 5 of 1960 concerning Basic Agrarian Principles and other applicable laws and regulations can be carried out by paying attention to the provision of appropriate and fair compensation according to existing laws and regulations. Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Government Regulation Number 19 of 2021 concerning Implementation of Land Acquisition for Development in the Public Interest, Government Regulation No. 39 of 2023 concerning Amendments to Government Regulation Number 19 of 2021 concerning Implementation of Land Acquisition for Development in the Public Interest and its implementing provisions Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 19 of 2021 concerning Provisions for Implementing Government Regulation Number 19 of 2021 concerning Organizing Land Acquisition for Development in the Public Interest is the legal basis for carrying out the method of providing compensation to entitled parties.

Page 18 of 26 | Total Record : 252

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