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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 Role of Land Deed Making Officials (PPAT) in Making Deeds of Land Use Rights by Foreign Citizens Ayuningtyas, Septia Nova
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 aims of this study are to analyze: 1) The juridical implications of the ownership of land rights for foreign citizens in the concept of legal certainty. 2) The role of the Land Deed Making Officer (PPAT) in making deed of land use rights by foreign nationals. The approach method used in this research is an empirical juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data with literature and interview collection methods. The data analysis method used in this research is qualitative analysis. Research results: 1) The juridical implications for the ownership of land rights for foreign citizens in the concept of legal certainty are guaranteed by laws and regulations. Legal foreigners have rights to land with the status of ownership rights, as well as guarantees of legal certainty regarding the permissibility of foreigners to own land with the status of usufructuary rights, as explained in Article 42 of the UUPA. The period of ownership of usufructuary rights is regulated in Article 52 of Government Regulation of the Republic of Indonesia Number 18 of 2021 that usufructuary rights over State Land and Land of Management rights with a period granted for a maximum period of 30 years are extended for a maximum period of 20 years, and renewed for maximum term of 30 years. 2) The role of the Land Deed Making Officer (PPAT) in making land use rights deeds by foreign nationals is to make agreements for granting usage rights over ownership rights. Before making the deed, the PPAT must ensure that the parties have fulfilled the requirements in the Laws and Regulations.Keywords: Citizen; Foreign; Rights.
Problems in the Implementation of a Complete Systematic Land Registration Program Regarding the Emergence of Overlapping Land Certificates Sulistyarini, Dyah Ayu
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 The purpose of this study is to analyze the factors behind the overlapping in the issuance of land certificates through the complete systematic land registration program at the Semarang City Land Office, and the guarantee of legal certainty. The research methods used in this study are: the type of research used in this study is empirical legal research, the approach method used is the structural approach and Economic Analysis Of Law. The data used is primary data with qualitative descriptive data analysis. The results of the study indicate that the factors behind the overlapping in the issuance of land certificates through the complete systematic land registration program at the Semarang City Land Office in 2023 can be seen from 3 angles, namely: First, legal substance, there are weaknesses in Article 22 and Article 24 of the Regulation of the Minister of ATR/Head of BPN RI Number 6 of 2018. Article 22, there are weaknesses in terms of the strength of evidence from a written statement regarding physical control of the land area and in good faith, and witnessed by at least 2 witnesses; Article 24, in terms of the limited space for the 14-day objection period, even though it meets the principle of publicity, it can be missed by anyone who has less access to information; Second, the legal structure, that in the process of implementing the PTSL Program, PPAT is not involved as the party authorized to make deeds, so that its legal force as evidence is very weak. The involvement of the Licensed Cadastral Surveyor Service Office as a Physical Task Force in measurement and mapping can include making basic registration maps, determining land boundaries, and making land plot maps (PBT), the results are not in accordance with the standards set by the Land Office; and Third, legal culture, namely the weak legal awareness of the community regarding the importance of administrative requirements in the land registration process. The guarantee of legal certainty in the issuance of land certificates through the Complete Systematic Land Registration Program which Overlaps at the Semarang City Land Office, is realized by taking mediation steps based on the provisions of Number 30 of 1999 and the Regulation of the Minister of ATR/Head of BPN RI Number 21 of 2020.
The Transfer of Subsidized Home Ownership Through Oper Credit Without Creditor's Knowledge in the Concept of Legal Certainty Mulyadi, Hadi
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

This study aims to find out and analyze the transfer of subsidized housing ownership through credit transfer without the knowledge of the creditor in the concept of legal certainty and to know and analyze what are the causes and solutions to the transfer of subsidized housing through credit transfer. The research approach method used in this thesis is a sociological juridical legal research method. 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. 2 of 2014; Mortgage Act; Code of Civil law; 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 sale of a KPR house by the debtor cannot eliminate the debtor's obligation to pay off his debt to the Bank. Switching home loans without the knowledge of the bank as the creditor before the credit is paid off is an act that the debtor may not do, this is because the contents of the credit agreement bind the first party (Bank ) with the second party/credit recipient, namely the first debtor. If someone makes a house loan intentionally and without notifying the Bank as the creditor to sell or transfer it to another party, the action is classified as a "default". In addition, all credit operations carried out by the debtor without involving the Bank as the creditor do not bind third parties, namely new debtors. Keywords: Certainty; Credit; Transition; Transfer.
The Role of Notaries in Efforts to Settle Disputes Over the Distribution of Inheritance Property in Batang Regency Adiyanto, Hanif; Riyanto, Taufan Fajar; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine and analyze the Implementation of the Role of Notaries in Efforts to Resolve Disputes over the Distribution of Inheritance in Batang Regency and to determine and analyze the Effectiveness of the Implementation of the Settlement of the Distribution of Inheritance in Front of a Notary in Batang Regency. The approach method in this study is a sociological juridical approach. Types and Sources of data use primary data, secondary data and tertiary data. Data collection uses primary data and secondary data. The data analysis method used is prescriptive analysis. The results of the research and discussion in this study are: 1) The implementation of the role of notaries in efforts to resolve disputes over the distribution of inheritance in Batang Regency has a significant contribution, especially in terms of making authentic deeds that serve as a strong legal basis to avoid future conflicts. Notaries act as neutral parties who provide legal consultation services, ensure clarity of the rights and obligations of the heirs, and assist in the effective mediation process so as to accelerate the peaceful resolution of disputes. However, there are still obstacles in the form of a lack of public understanding of the importance of notary involvement in the inheritance distribution process, as well as limited access for some communities in remote areas. 2) The implementation of the settlement of inheritance distribution before a Notary in Batang Regency shows varying effectiveness depending on several factors such as the level of public understanding of inheritance law (both Islamic law and civil law), the participation of dispute resolution institutions such as Religious Courts and traditional leaders, as well as legal awareness and the will to peace from the heirs. In practice, there are still significant obstacles, such as the lack of valid supporting documents, inconsistencies in heir data, and the existence of prolonged internal family conflicts. However, on the other hand, mediation efforts, both informally facilitated by community leaders and formally through judicial institutions, have shown a positive contribution in accelerating the resolution of inheritance disputes.
The Implementation of Partial Roya on the Settlement of Deposit Rights Nada, Septidya Nauvalin; Setyawati, Setyawati
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

On the one hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 provides a solution to the practice of partial roya, but on the other hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 is contrary to the provisions of Article 2 paragraph (1) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. The problems in this study can be formulated as follows: 1) How is the partial roya regulated in the Act No. 4 of 1996 concerning Mortgage Rights?, 2) Obstacles and solutions in the implementation of partial roya towards the settlement of Mortgage Rights in the city of Semarang? This research uses an empirical legal research approach based on field research or primary data research. The specification of the research used is analytical descriptive in nature, namely describing legal symptoms, systematically describing factually and accurately and analytically, namely by providing an assessment of the results of the description without intending to provide general conclusions. The results of the research and discussion show that the partial roya arrangement is in Article 2 and Article 22 of the Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Obstacles and Solutions in the implementation of partial royalties for the settlement of Mortgage Rights in Semarang City, namely: 1) Banks are slow in providing a statement of settlement or roya letters, 2) The debtor does not immediately register the Mortgage (roya) registration, 3) Services at the Land Office The slow city of Semarang. Keywords: Mortgage; Partial; Redemption; Roya.
The Legal Protection of Creditors Who Do Not Respond to Payment Offers in Bankruptcy Settlement Primaditha, Anindya Putri
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 find out and explain legal protection for creditors who have never responded to offers of cash payments in bankruptcy settlements, and settlement of accounts payable against these creditors based on case studies of Central Jakarta District Court Decision Number 364/Pdt.P/2020/PN. Jkt. Pst. The approach method uses normative juridical methods. The research specifications are analytical descriptive. The type of data is secondary legal data, consisting of primary legal materials, namely the 1945 Constitution, statutory regulations and court decisions; secondary legal materials such as books and journals, as well as tertiary legal materials. Data collection method is done by literature study or document study. Methods of data analysis using qualitative data analysis method. The results of the study show that legal protection for creditors who do not respond to offers of cash payments must be pursued through curators, namely submitting offers of cash payments on deposit/consignment, and requesting approval from the court if the creditors still do not respond; court institutions, through judges, clerks and bailiffs according to their duties and authorities; and the existence of written regulations as a basis in efforts to protect the law against these creditors. If the creditor does not respond, then Article 1404 jo. 1381 of the Civil Code, and the cash payment offer was ratified by the District Court.Keywords: Bankruptcy; Consignment; Payment Offer; Protection.
The Juridical Analysis of Default Actions Made by Mudharib in Mudharabah Financing with Mortgage Guarantees Fikry, Muhammad Tsaqif
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

Any financing issued by KSPPS carries the risk of non-return of the disbursed funds or is called non-performing financing which results in default debtors. , and if the financing is jammed due to the default customer not being resolved, it will affect the business continuity of KSPPS BMT An Najah Pekalongan. Therefore, in order to avoid the risk of loss in providing financing facilities, KSPPS BMT An Najah Pekalongan in channeling financing requests the imposition of collateral from its customers, including Mudharabah financing. The approach that the author uses in this study is a Juridical Sociological approach. The Sociological Juridical Approach emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. Sociological Juridical Research is legal research using secondary data as initial data, which is then followed up with primary data in the field or on the community. The results obtained from this study are that the implementation of Mudharabah financing with mortgage guarantees at KSPPS BMT An Najah includes submission of financing applications, financing analysis, financing approval, financing agreements, disbursement of financing, and monitoring. All of these steps are carried out using the 5C principles which include Character (characteristics of prospective financing members, such as honesty, behavior and obedience), Capital, Capacity (ability), Collateral, Condition of economy. Furthermore, for the settlement of default Mudharib at KSPPS BMT An-Najah is the settlement of Mudharabah financing disputes at KSPPS BMT An Najah, including rescheduling (rescuing), reconditioning, restructuring (rearrangement).Keywords: Guarantees; Financing; Mortgage; Mudharabah.
Legal Analysis of Mastery and Ownership of Land Rights Arise in Rembang Regency Laksono, Ruananda Kharismatika; Hasana, Dahniarti; Hafidz, Jawade
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 study aims to determine the mechanism for acquiring land rights to land in Rembang, Pasar Baggi Village, and how the law is enforced over the ownership of the emerging land. The research method used is sociological juridical research. namely a legal research carried out by looking at aspects of the application of the law itself in society, or a study of community behavior that arises as a result of interacting with the existing system of norms. This research uses an empirical approach and a statutory approach. Research data used in this study are primary data and secondary data. The data collection technique is by conducting direct interviews with sources in the field and document studies. The results of this study indicate that the mechanism for obtaining land rights arising in Rembang Regency is still based on local customary law/customs. This is proven because there are no people who have permission directly from the authorized government apparatus, namely the Rembang District Land Office. According to legal provisions in a formal juridical manner, in principle, the steps that must be taken to obtain land rights are the same as applications for state land rights in general, but for land arising on the coast, you must see regulations relating to land tenure in coastal areas and spatial plans. So far the Rembang Regency Land Office has not conducted an inventory of emerging land as mandated in the Circular of the Minister of Agrarian Affairs/Head of National Land Agency Number 410-1923 concerning Controlling the Status of Emerging Land and Reclamation. Meanwhile, the people who control the emerging land have not yet reported the emerging land they control. This shows that the government and the local community have not fully implemented the applicable laws and regulations, so that it can be said that the law enforcement of emerging land tenure in Rembang Regency has not run optimally. Keywords: Acquisition; Agrarian; Land.
The Role of the National Land Agency in the Complete Systematic Land Registration (PTSL) Program Halimah, Siti; Widayati, Widayati
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

This study aims to analyze: 1) The role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) 2) Complete Systematic Land Registration Process (PTSL). The approach method used in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1) The role of the National Land Agency in the Complete Systematic Land Registration Program (PTSL) is to disseminate to the public about PTSL as well as being the implementing party for PTSL which includes PTSL planning activities, determining locations, preparing facilities and infrastructure , collecting physical and juridical data, conducting research on juridical data to prove rights, making announcements of physical and juridical data and validation, namely the issuance of land certificates. The role of the Pangandaran Regency Land Office is an authority that is obtained by attribution, namely from Legislation. 2) The Complete Systematic Land Registration (PTSL) process starts from the planning, location determination, preparation, formation and determination of the PTSL adjudication committee and task force, counseling, physical and juridical data collection, juridical data research, physical and juridical data announcement data as well as validation, bookkeeping of rights until, issuance and delivery of certificates are carried out based on statutory regulations. Keywords: Agencies; Land; Roles.
Implementation of the Obligations and Responsibilities of Notaries in Providing Social Services According to Their Position in the City of Cirebon Kamaluddin, Muhammad Risyad; Taufiq, Muhammad
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract.This study aims to determine and analyze the Implementation of Notary Obligations and Responsibilities in Providing Social Services According to Their Position in the City of Cirebon and analyze what obstacles are encountered when implementing Notary Obligations and Responsibilities in Providing Social Services. This type of research is an empirical legal research. The approach method in this study is a Qualitative Approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is Descriptive Analytical. Based on the results of the study, it was concluded that the legal regulations regarding notary obligations in providing social services to the poor are contained in Article 37 paragraph (1) UUJN and Article 3 paragraph (7) of the Notary Code of Ethics. In practice, Notary Lia Amalia, SH, has carried out her obligations in accordance with the provisions of the Notary Law, legal services are not only provided to poor clients but also provided for foundation activities, activities in the social, humanitarian and religious fields. Notaries assess the poor based on humanity and conscience. Meanwhile, the obstacles encountered are that the provisions in Article 37 paragraph (1) of the UUJN do not explain in detail the procedures and who is said to be able to receive legal assistance to determine whether someone is eligible or can be exempted from fees, and there is still a lot of stigma in society regarding the services of a Notary as being very expensive. Keywords: Poor People; Notary; Responsibility; Social Services; Obligations. 

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