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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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The Comparison of Defaults in Credit Agreements by Customers of Conventional Banks and Islamic Banks Ruselia, Mawar; 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

The banking industry has a very important role in the rotation of the economy. Banks as economic drivers with government assistance, provide credit facilities for the community and need each other to carry out the circulation of money in Indonesia, in which banks provide credit to the community, as well as the community is assisted financially in the form of credit capital obtained from banks. However, from the symbiosis of mutualism that exists, there are still many problems between banks and their customers related to defaults on credit agreements in both conventional banks and Islamic banks, especially conventional banks and Islamic banks in the city of Kendari, Southeast Sulawesi Province. This research method uses normative legal research, with a comparative legal approach, and the statutory regulatory approach. The results of this study areSettlement of credit agreement default disputes at conventional banks and Islamic banks consists of two ways, both litigation and non-litigation, in which the settlement of litigation disputes on conventional banks is resolved in the District Court while Islamic banks are resolved in the Religious Courts. Likewise, non-litigation dispute resolution at both conventional banks and Islamic banks has the same method with different applications starting from coaching, resheduling, reconditioning, restructuring, to confiscating assets which these two banks have different applications.Keywords : Agreement; Bank; Credit; Comparison.
The Role of Notaries in Agreements Made by Individual Companies with Other Parties Mulia, Fina Adinda; Hafidz, Jawade
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

Agreements made between individual companies and other parties require the role of a notary so that the parties are protected from legal problems in the future. This study aims to determine the role of a notary in agreements made by individual companies with other parties and to determine the obstacles faced by notaries in agreements made by individual companies with other parties. The research approach method used in this thesis is an empirical legal research method, The specifications of this research are descriptive analytical, The type of data used in this study uses primary data which includes: the 1945 Constitution, the Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 11 of 2020 concerning Job Creation, Government Regulation No. 8 of 2021 concerning the Authorized Capital of Companies and Registration of the Establishment, Amendments, and Dissolution of Companies That Meet the Criteria for Micro and Small Businesses. As well as secondary data containing books and other supporting documents. Collection of research data using interview techniques, observation and literature studies. The data analysis method uses qualitative data analysis techniques. The results of the study show that: First, in an agreement between a sole proprietorship and another party, the role of a notary cannot be ignored. A notary has roles such as: Providing legal advice and considerations, Ensuring that the agreement document is correct and complete, Formulating the will of the parties, Issuing a copy of the agreement deed to all parties involved, Safely storing the authentic agreement deed that has been made. Second, the constraints of a notary in an agreement made by a sole proprietorship with another party: Lack of understanding of the parties about the law, Incomplete documents, Lack of information from the parties, Disagreement of the parties.Keywords: Agreement; Notary; Proprietorship; Sole.
Juridical Study of Legal Certainty in Determining Land Prices in the Implementation of Land Sale and Purchase Agreements According to the Land Sale and Purchase Deed and Determination of the Batam City Regional Revenue Agency Kurniawan, Deni
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

Determining the price of land for tax administration purposes and issuing land ownership certificates experiences a difference between the price agreed upon by the parties and stated in the Deed of Sale and Purchase and the price determined by the Regional Revenue Agency in Batam City. The approach method used in this qualitative legal research is the sociological juridical approach, namely an approach that seeks information through direct interviews with informants empirically first and then continues by conducting secondary data research contained in literature studies through theoretical steps. The implementation of land price determination based on the land sale and purchase agreement deed in Batam is currently experiencing a difference between the price agreed upon by the parties carrying out the land sale and purchase as then outlined in the AJB and the price determined by BAPENDA in Batam City.
Legal Status of Marriage Contract Deeds Made Before a Notary Without Registration at a Marriage Registration Office Hernawan, Faisal Abdillah
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 research aims to determine the legal status of marriage agreement deeds made before a notary without being registered at the Marriage Registration Office as well as the legal impact for third parties of marriage agreements made before a notary without being registered at the Marriage Registration Office if a dispute occurs. The type of research is qualitative with a statutory approach. Data collection techniques are documentation, observation and literature study. This type of research is a normative approach or doctrinal research which is oriented towards approaches to various statutory and regulatory norms. The research results show that 1) the legal position of a marriage agreement deed made before a notary without being registered at the Marriage Registry Office is that the agreement remains valid and binding for husband and wife, but does not have binding legal force on third parties. 2) A marriage agreement made before a notary but not registered at the Marriage Registry Office does not have binding legal force on third parties. The legal consequence is that third parties are not bound by the agreement and can assume that the assets of the husband and wife are joint assets. In the event of a dispute or debt, a third party can demand a settlement involving the couple's joint assets, because there is no legally recognized separation of assets.
The Role of Notaries in The Limited Liability Company Registration Process Through Online Ahu Services in Tegal Regency Algusti, Muhamad Gemas; Setyawati, Setyawati
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 analyze the role of notaries in the process of registering Limited Liability Companies (PT) through the AHU Online system in Tegal Regency, as well as to identify obstacles and solutions faced in its implementation. This study uses a juridical-empirical approach with legal analysis and field data. The sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by notaries. Primary data were obtained from interviews with notaries, while secondary data were collected from legal sources and related literature. Qualitative analysis was used to describe the phenomenon and understand the role and responsibilities of notaries in technology-based PT registration. The results of the study indicate that notaries have a crucial role in ensuring legal certainty in PT registration through the AHU Online system, despite facing internal and external obstacles. The obstacles found include a lack of understanding of the system, technical problems, and a lack of technical support. This study recommends increased training, improvements in technological infrastructure, and closer collaboration between notaries, AHU managers, and the government to improve efficiency and quality of service.
Implementation of the Principle of Caution by Land Deed Officials in Making Deeds to Prevent Land Disputes in North Sulawesi Province Bin Syeban, Salim Filza Taufiq; Purnawan, Amin
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.The purpose of this study is to determine and analyze the application of the principle of caution of Land Deed Officials in making deeds to prevent land disputes and to determine and analyze the responsibility of Land Deed Officials who do not apply the principle of caution in making deeds. The method used by the researcher is empirical juridical with an empirical approach. The specifications of this study are descriptive analytical. The types of data used are primary data sourced from field studies and secondary data sourced from materials obtained from literature studies. Based on the results of the study that: 1) Land Deed Officials in North Sulawesi apply the principle of caution in making deeds to prevent land disputes as mandated by Government Regulation Number 37 of 1998 as amended by Government Regulation Number 24 of 2016 concerning Land Deed Officials and its implementing regulations. Among the implementation of the principle of caution carried out by PPAT are: first, reading and explaining the contents of the deed to the parties, second, not making a deed for himself and his family, third, carrying out the obligation to check the conformity/validity of the certificate and other records at the Land Office and fourth, rejecting the making of a deed that is not based on formal data. 2) The responsibility of the Land Deed Making Officer who does not implement the principle of caution in making a deed is ethical/moral responsibility and legal responsibility. Legal responsibility is divided into civil responsibility, criminal responsibility and administrative responsibility.Keywords: Land Deed Makers; Legal Accountability; Principle of Prudence; Officials.
The Validity of Notarial Deeds Using Cyber Notary in Making Authentic Deeds Based on Legal Perspectives in Indonesia Monika, Julia; Hafidz, Jawade
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

This study employs normative legal research with a statutory, analytical, and theoretical approach. Secondary data includes primary legal materials (the Electronic Information and Transactions Law, the State Law on the Provision of State Assets, the Civil Code, and other implementing regulations), secondary legal materials (literature and previous research), and tertiary legal materials (dictionaries and encyclopedias). Library research was used as the data collection method, while prescriptive data analysis provides arguments and legal assessments of the findings. The results of this study are expected to provide both theoretical and practical contributions to the development of digital notary law in Indonesia. Theoretically, this research can enrich scientific studies in the legal field, particularly regarding the adaptation of notary legal norms to developments in information technology. Meanwhile, practically, the findings of this study are expected to serve as a reference for policymakers, notary professional organizations, and legal practitioners in formulating more comprehensive and applicable regulations related to the implementation of Cyber Notary, thereby ensuring legal certainty, legal protection, and efficiency in the implementation of notary duties in the digital era.
Effectiveness of Online Single Submission (OSS) Implementation For Limited Company Legal Entities Registration By Notaries Yalala, Nuranu; Hanim, Lathifah; Taufan, Taufan
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 was made with the aim of knowing the Effectiveness of the Implementation of Online Single Submission (OSS) for Registration of Legal Entities of Limited Liability Companies (PT) by a notary in Wonosobo Regency based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services. The approach method in this research is sociological juridical with descriptive research specifications. The data needed in this research includes primary and secondary data taken by observation, interviews with informants who understand, understand, and are in direct contact with the research object. The collected data is then analyzed qualitatively. Based on the research, it can be concluded that the limited liability company deed is made by a notary like other authentic deeds such as the provisions in Act No. 2 of 2914 regarding amendments to Act No. 30 of 2004 concerning the position of a notary and Article 1686 of the Civil Code with the requirements stipulated in Act No. 40 of 2207 concerning limited liability companies. In Wonosobo Regency, the online single submission system is considered ineffective because there are still confusions for legal subjects in running the system in full. Furthermore, the OSS system is considered to still tend to be weak. There are certain times when the OSS system page cannot be accessed, cannot enter the Log-In page, and a system error occurs during the issuance process of the Business Identification Number (NIB), so the user must repeat data input from the beginning again, because there is no automatic backup feature when the connection with the server is lost.
The Implementation of the Transition of Manual Land Registration Services to Electronic Guntara, Ricky
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: 1) Implementation of the transition from manual to electronic land registration services in Cirebon Regency. 2) Constraints and solutions in implementing the transition from manual to electronic land registration services in Cirebon Regency. The approach method used in this research is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary data and secondary data with library research and interview collection methods. The data analysis method used in this research is qualitative analysis. The results of the study concluded: 1). The implementation of the transition from manual to electronic land registration services in Cirebon Regency can provide many benefits for the community including minimizing fraud, minimizing land brokers/mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing the intervention of unauthorized parties. The implementation of land services electronically can be done through the Touch Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally used as evidence and can provide legal certainty because they are guaranteed by laws and regulations. 2). Obstacles in the implementation of the transition from manual to electronic land registration services in Cirebon Regency are the lack of public understanding of electronic certificates, lack of completeness of files, unprepared human resources for implementation, uneven internet network, and uneven land mapping.Keywords: Certificate; Electronic; Land; Registration.
The Role of Land Deed Making Officials (PPAT) in the Application of Land and Building Rights Acquisition Fees (BPHTB) in Relation to Land Sale and Purchase Deeds Febrian, Rayhadi Candra
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 implementation of tax revenue from BPHTB is submitted to the Notary's office, in its position as PPAT it also plays a role in increasing tax revenue from BPHTB related to the deed. Formulation of the problem, what is the role of the PPAT in collecting Land Title Acquisition Fees (BPHTB) related to the deed he made and what obstacles occurred in collecting Land Rights Acquisition Fees (BPHTB) as well as examples of Land Sale and Purchase Deeds. This research used the empirical juridical research methods, to analyze qualitatively, specifications for writing descriptive analysis, sources and types of data using primary and secondary data, data collection techniques by collecting primary and secondary data, qualitative descriptive data analysis techniques, after the data is collected it is poured in the form of logical descriptions and systematically then analyzed, conclusions drawn deductively. The results of research on the role of the PPAT in the application of Land Acquisition Fees (BPHTB) relating to the deed of sale and purchase of land it makes, it is hoped that PPAT will play an active role in requiring BPHTB payments in transferring land and building rights related to the deed it made. Obstacles that arise in the collection of Land Rights Acquisition Fees (BPHTB) as PPAT are related to the deed he made: a) lack of information and socialization regarding BPHTB regulations that are constantly evolving; b) NJOP data for the last year has not been issued if the sale and purchase is made at the beginning of the year; c) Sale and purchase underhanded or distribution of inheritance that has not been subject to BPHTB for land that has not been certified cannot be subject to legal sanctions.Keywords: Acquisition; Land; Officer.

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