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[Responsibilities of Land Deed Drafting Officials (PPAT) for Land Sale and Purchase Deeds that are Canceled with a Sale and Purchase Deed ]]>
<![CDATA[Widyastuti, Tri]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Jurnal Konstatering Vol 2, No 3 (2023): July 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The background for writing this thesis is that the sale and purchase of land is a legal act in the form of surrendering land rights to another party forever (the right to the land is transferred to the party receiving the surrender), this is stated in Article 20 paragraph (2), Article 28 paragraph (3), and Article 35 paragraph (3) of Law Number 5 of 1960 concerning Basic Agrarian Regulations which states that property rights, building use rights can be transferred and transferred. Property rights and building use rights can be transferred by deed made by PPAT. Authority Land Deed Making Officer is a public official who is authorized to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to flat units. Then in the Explanation to Article 45 of Government Regulation number 24 of 1997 concerning Land Registration it is also emphasized that the PPAT Deed is a tool to prove that a legal act has been carried out. The research in writing this thesis is a qualitative research. This research is field research or empirical research with a sociological approach. Characteristics of socio-legal research methods. Socio-legal research is carried out by researching in the field (field research) by interviewing respondents which is primary data and examining library materials which are secondary data and is also called library research. This research aims to analyze or explain the responsibilities of Land Deed Drafting Officials (PPAT) regarding land sale and purchase deeds that are canceled by Sale and Purchase Deeds. The legal action is annulled or annulled, the relevant PPAT deed no longer functions as evidence of the legal action. Therefore, a legal action is canceled by the parties concerned, even though the legal action has been registered at the Land Office, the registration cannot be cancelled. There are two main problems in writing this thesis, namely: What are the legal consequences of the sale and purchase deed made before the Land Deed Making Officer during the registration process at the Agrarian and Spatial Planning/National Land Agency office which is canceled by the sale and purchase deed and the responsibility of the Notary regarding the Sale Deed Purchase that was canceled with a Deed of Sale and Purchase. The results of this thesis research explain how the process of buying and selling land, payments and calculating SSPD BPHTB, is implemented.]]>
<![CDATA[Responsibility and Legal Protection for Elderly Notaries for Authentic Deeds They Make ]]>
<![CDATA[Nurrachman, R. Ali]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 2 (2025): April 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[A notary is a public official who has the authority to make authentic deeds that have the force of legal evidence.The problems in this thesis are 1)What are the responsibilities of a notary who has retired for the authentic deeds he has made? 2) What is the form of legal protection for a notary after retirement for the authentic deeds he has made?The aim of this research is to find out and analyze the legal responsibilities and protection for notaries.When a notary has entered retirement, the issue arises regarding the continuation of legal responsibility for the deeds that have been made, and the extent to which legal protection still applies to him. This study aims to analyze the form of legal responsibility of a notary public for authentic deeds that they have made and how legal protection is provided after the term of office ends. Method used in the researchThis is a sociological legal approach with a descriptive qualitative method. The results of the study indicate that even though the notary's term of office has ended, the responsibility for the deeds made remains attached to him according to the provisions of Article 65 of the UUJN. However, legal protection for retired notaries is not as strong as when they were still active, resulting in a vacuum of norms and potential legal uncertainty. Therefore, a more stringent legal regulation is needed regarding the limits of responsibility and legal protection for notaries after retirement so that legal certainty and justice can be realized.]]>
<![CDATA[The Legal Protection for Buyers of Land with Letter C Status in the Presence Land Deed Making Officer (PPAT) ]]>
<![CDATA[Lestari, Yulia]]>;
<![CDATA[Hasana, Dahniarti]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The purpose of this research is to analyze: 1) The process of making a deed of sale and purchase of land with Letter C status by the Land Deed Making Officer (PPAT). 2) Legal protection for the buyer of the sale and purchase of land that is still in Letter C status before the Land Deed Maker Official (PPAT). The approach method used in discussing this research problem was a sociological juridical approach. The specification of the research used is descriptive analytical research. The results of the study concluded: 1) The process of making a land sale and purchase deed with Letter C status by the Land Deed Maker Official (PPAT) is actually not much different from the sale and purchase of land that has been certified. However, in making a deed of sale and purchase of land with letter c status, a photocopy of Letter C must be attached, a quote from Letter C, a legalized statement of control and ownership of the land and explain that the person concerned controls the plot of land. After all the required documents have been fulfilled by the parties, the sale and purchase of land can be carried out before the PPAT. 2) Legal protection for the buyer of the sale and purchase of land that is still in Letter C status before the Land Deed Making Officer (PPAT) can be realized by making a Sale and Purchase Deed and the issuance of a certificate of land rights on behalf of the buyer. So that based on jurisprudence the buyer's land rights can be protected. These deed of sale and purchase and land certificates are a form of repressive protection.]]>
<![CDATA[The Role of BPKPD in Determining the Price of Land Buying based on the Online BPHTB System ]]>
<![CDATA[Rismawati, Annisa]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to identify and analyze the role of the Regional Revenue and Financial Management Agency (BPKPD) in determining the price of buying and selling land and to find out and analyze the process of determining the price of buying and selling land by the BPKPD based on the Online Land and Building Rights Acquisition Fee (BPHTB) system. in Cirebon City. The approach method used in this research is the sociological juridical legal research method. The specification of this research uses descriptive analysis. The type of data used is primary data, namely data obtained directly through interviews and secondary data which includes books, journals, and applicable laws and regulations. The analytical method used is an inductive descriptive analysis which describes the data logically and then makes a conclusion.Keywords: Buying; BPHTB; Price; Selling.]]>
<![CDATA[The Liability of PPAT Notary against Fraud Crimes in Carrying Out His Position ]]>
<![CDATA[Chaniago, Alkaf]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 2 (2022): April 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This writing aims to understand and analyze the process of examining a Notary who is suspected of committing a criminal act of fraud and the Notary's responsibility for criminal acts of fraud in carrying out his position. The research method using the problem approach that will be used in this thesis is a normative juridical approach. The results of the study show that the process of examining a Notary who is suspected of committing a crime of fraud is carried out in accordance with statutory regulations, namely Article 66 of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Rights Human Rights Number M.03.HT.03.10 of 2007 which specifically regulates the taking of minutes and summons of a Notary (Permen 03/2007). Notary Bachtiar did not report his case to the Pekalongan City Regional Management Council, so Bachtiar did not receive legal assistance from the MPD. This was confirmed by the investigators that during the examination at the investigative level and at the Attorney General's Office, Notary Bachtiar was not accompanied by the MPD. However, at the time of the trial, he was accompanied by an expert, namely Notary Prof.Dr. Widhi Handoko, SH, M.Kn. The notary is criminally responsible when in the process of proving that the notary is proven to have committed a crime or mistake. The Law on Notary Office and the notary's code of ethics do not regulate the responsibility of a notary criminally against the deed he made if it is proven that he has violated the criminal law.Keywords: Accountability; Fraud; Notary; Public.]]>
<![CDATA[The Juridical Implications for Violating the Contents of the Peace Deed Made by the Parties before a Notary in the Conception of Legal Certainty ]]>
<![CDATA[Diana, Della Ochta]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 2, No 2 (2023): April 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The settlement of disputes or cases is largely inseparable from the method of settlement through trials in court. However, in reality, disputes or cases that have been filed in court often receive complaints from the public, one of which is a very long settlement process. Therefore there are many ways to resolve disputes outside the courtroom, one of which is through mediation by reconciling the two parties by making peace deed. This research was conducted to find out and analyze the contents of the peace deed according to the concept of legal certainty and the legal consequences for those who violate the contents of the deed. The method used by the author in this thesis research is a normative legal research method using the statutory approach as the basic basis for research and analysis based on literature and other scientific works. The results of the discussion of the thesis research based on the formulation of the problem listed by the author explain that the deed of reconciliation made by a notary outside the court still has the force of law and legal certainty as well as the power of a judge's decision which cannot be changed if the deed has been registered in the form of a lawsuit so that if in the future there are violations committed by one of the parties, the power of the deed cannot be denied anymore and has permanent legal force and cannot be appealed or cassation against it. As well as for violations committed by one of the parties. Keywords: Case; Deed; Notary; Peace.]]>
<![CDATA[Juridical Implications for Officials Making Land Deeds Determined as Perpetrators of the Crime of Embezzlement of Taxes Fees for Acquisition of Land and Building Titles ]]>
<![CDATA[Yunendar, Brian]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 4 (2022): October 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to determine the juridical implications and responsibilities of the PPAT in terms of receiving deposit of tax payments for land and building rights acquisition fees (BPHTB), then link it with an appropriate theory in order to draw conclusions. The method used in this research is the approach method in writing this is normative juridical, the specification of this research is descriptive analytical research. In the case of depositing BPHTB fees, basically it is paid by PPAT clients, but in practice it is often found that many PPATs are trusted by clients to pay BPHTB from their clients. In this regard, laws and regulations do not regulate the authority of a PPAT who makes land deeds to pay tax on the sale and purchase of land from his client. however, if the clients authorize the PPAT concerned to represent paying tax on the sale and purchase of land in the form of BPHTB to the state treasury, then the PPAT concerned basically does not have the authority to carry out the payment. So that there was evasion of BPHTB tax payments to PPAT. For PPATs who commit this abuse of power, the consequences of these actions are that the PPAT must be able to take responsibility and be subject to appropriate criminal sanctions by the panel of judges, namely Article 372 and/or 374 of the Criminal Code and/or Articles 4, 5, 6 of the Republic of Indonesia Act No.8 of 2010 concerning the Crime of Money Laundering and Article 55 paragraph 1 of the Criminal Code.Keywords: Accountability; Authority; Tax]]>
<![CDATA[Implications Legal Reduction of Land Sale and Purchase Value by Land Deed Making Officials at the Request of the Parties to Reduce Land and Building Acquisition Tax in Brebes Regency ]]>
<![CDATA[Ayuningrum, Anggit Pramesta Wardani]]>;
<![CDATA[Tri Bawono, Bambang]]>
<![CDATA[ Jurnal Konstatering Vol 3, No 1 (2024): January 2024 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This research aims to find out and analyze the validity of the Deed of Sale and Purchase made by reducing the value of the land sale and purchase carried out by the PPAT at the request of the parties to avoid land and building acquisition tax and to find out and analyze the legal implications of the reduction in the value of the land sale and purchase carried out by the PPAT to reduce the land and building acquisition tax in Brebes district. This study uses an empirical legal research method, in this study using primary data in the form of interviews and documentation. Based on the study, it was concluded that 1) The validity of the deed of sale and purchase of land whose value was reduced by the PPAT to avoid BPHTB tax creates a dilemma for the PPAT between fulfilling the client's wishes and maintaining professional ethics. Although this practice is common, it violates tax regulations and the principle of legal certainty. Professional PPATs should reject such requests and consistently apply ethical standards. Prevention through education, supervision and law enforcement is needed to maintain the integrity of the PPAT profession. 2) Legal implications of the reduction in the value of land sales and purchases carried out by PPAT to reduce the tax on land and building acquisition rights in Brebes Regency, namely the reduction in the value of land transactions by PPAT in Brebes Regency to reduce the BPHTB tax has the potential to cause criminal and civil implications for PPAT. In addition, this practice also harms regional income from BPHTB tax. Preventive efforts include socialization, supervision, and law enforcement. Increasing the transparency of land value information and public education are also needed to overcome tax compliance problems.Keywords: Land; Purchase; Reduction; Sale; Transaction.]]>
<![CDATA[Legal Aspects of Cooperation Agreements with the Right to Buy Back Shares Accompanied by a Power of Attorney to Sell Under Hand ]]>
<![CDATA[sholikah, Dianita Imroatus]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 3 (2025): July 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Limited liability companies often require additional capital for business development, one solution is to enter into a cooperation agreement with investors through a share return mechanism. The cooperation agreement is made accompanied by a temporary transfer of shares to a second party, with a provision for the first party to repurchase the shares after the cooperation period ends, a practice like this is commonly found in the environment of closed limited liability companies. In this practice, it is also generally accompanied by the granting of a power of attorney to sell from the second party to the first party as a form of guarantee for the implementation of the share return. This study aims to examine the legal aspects of the cooperation agreement, assess the validity of the power of attorney to sell in transferring shares back to the original party, and analyze this practice based on the theory of legal certainty and utility. The research method used is a normative juridical method with a statutory and conceptual approach. Based on the research results, cooperation agreements containing share repurchase clauses are essentially valid under civil law as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. However, the use of an irrevocable power of attorney to sell privately for the purpose of returning shares raises potential legal issues and opens up room for legal uncertainty in their implementation. From a utility theory perspective, this can provide efficiency and practical benefits for the parties, provided that the rights and obligations of the parties are clearly regulated and there is balanced legal protection.]]>
<![CDATA[The Sporadic Customary Land Registration Problems ]]>
<![CDATA[Laksmana, Gustav Tifa]]>;
<![CDATA[Maryanto, Maryanto]]>
<![CDATA[ Jurnal Konstatering Vol 1, No 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This research is aimed at the majority of the population of the Gubug District community, which has not yet obtained a land certificate. Because they still don't understand the meaning and function as well as land certificates, so the proof of land ownership uses the Village C/D letter. Based on Government Regulation Number 24 of 1997 concerning Land Registration, this Government Regulation is the basis for conducting land registration. However, in reality there are still many who have not carried out the certification process. The problems studied are: the problems of sporadic implementation of customary land registration, obstacles and efforts in the implementation of land registration. The approach method used in this study is an empirical or sociological juridical approach. While the data analysis method used in this study is a qualitative method. Based on the results of the study, it shows that the process of implementing customary land registration has not been carried out in part by a sporadic system at the Land Office and PPAT and in the implementation there are still obstacles that are still considered difficult and expensive, the cost of land registration certificates and ignorance in the community. Meanwhile, the solution sought is to provide information and socialization so that the community understands more about the importance of land certificates.]]>
