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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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Juridical Implications of Establishment of Individual Limited Liability Company Without Notary Deed Referring the Law Concerning Creation of Employment in the Conception of Legal Security Wijaya, Reno Fahmi
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

Act No. 11 of 2020 concerning Job Creation (Job Creation Law) opens opportunities for Micro and Small Enterprises (UMK) to form their businesses in the format of a limited liability company which can be established by one person, known as an individual company. An individual company with limited liability is a legal entity concept similar to a limited liability company based on Act No. 40 of 2007 but of course there are different enforceability given privileges to individual companies. The application of this legal entity aims to encourage MSEs or Micro Small Enterprises to develop, so that by turning into a legal entity, MSE owners will find it easier to get investment from the Bank and more regular management of the company. This thesis examines in more depth the establishment of the individual company itself and the legal implications of the establishment of the individual company. This study uses a normative juridical approach using analytical descriptive research specifications. The type of data in this legal research is normative by using primary legal materials in the form of various laws and regulations relating to the protection and legal responsibility of instrumentary witnesses. And secondary legal materials in the form of journals, both international journals and national journals, opinions of notaries, papers, research reports, articles and literature and electronic literature related to legal protection. As well as tertiary legal materials in this study in the form of legal dictionaries, Indonesian dictionaries and encyclopedias. The data collection method in this study is in the form of literature and the data analysis method used is in the form of qualitative data analysis. Based on the results of research and discussion, that there is a new legal entity, namely an individual company which is a legal entity specifically for MSEs. In accordance with Article 153A of the Job Creation Law, only 1 (one) person can establish an individual company. The establishment of an individual company does not require a notary deed but is replaced by a statement of establishment by simply filling in the form provided by the minister and then registering it with the minister electronically. Individual Limited Liability Company is contrary to the regulations relating to the pre-existing Limited Liability Company. Regarding the organs of the Individual Limited Liability Company Government Regulation Number 8 of 2021, namely only directors and shareholders. This has resulted in legal uncertainty regarding the organs of the Individual Limited Liability Company contained in Government Regulation Number 8 of 2021 with the company organs contained in the PT Law. And Government Regulation Number 8 of 2021 does not stipulate if an Individual Company is filed for bankruptcy.Keywords: Juridical Implications, Individual Limited Liability Companies, Legal Certainty.
The Juridical Analysis of the Granting of Building Use Rights on the Land of Management Rights Cahyaningsih, Santi
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 granting of Building Utilization Rights on the land of Tegal City Government Management Rights is carried out by making a contract agreement. The legal provisions regarding the implementation of the granting of Building Use Rights on land with Right of Management are appropriate and fair in carrying out the implementation of the transfer of the management rights of the Tegal City Government to prospective HPL holders by providing a certificate of Building Use Rights. This thesis research aims to identify and analyze the Pasar Sore House and Shop Development Agreement (RUKO) which was signed by the Tegal City Government as the holder of Management Rights with PT. Building Use over Management Rights. The research approach method used in this thesis is the legal research methodsociological juridical. Specifications using descriptive analysis. The type of data used in this study is primary data which includes: the 1945 Constitution of the Republic of Indonesia; BAL; Code of Civil law; Regulation of the Minister of Home Affairs; 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 data analysis method used in analyzing the data, namely qualitative analysis in this study, is to present and explain conclusions and solve problems related to the research titles that have been collected. The results of the research show that: The granting of Building Use Rights can occur on top of Management Rights due to a land use agreement between the two parties. Prospective building use rights holders can be drawn up with a notarial deed or private deed drawn up on the basis of an agreement between the management rights holder and the prospective HGB holder. The Tegal City Government as the main authority holder will not transfer assets to third parties because in essence the Management Right is State land which may not be traded to anyone.Keywords: Agreement; Building; Management.
The Juridical Implications of Changing the Function of Paddy Field Land to Residential Land Larasati, Ayumi; Widayati, Widayati
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

Indonesia is an agricultural country where agriculture is the main commodity as a producer of national food. Most Indonesian people still depend on the agricultural sector. Land is the main factor in the world of agriculture. As an agricultural country, Indonesia absorbs the largest number of workers in the agricultural sector compared to other economic sectors. The challenge in the agricultural sector is that there is less and less agricultural land because it has been eroded by human economic activities, especially changing its function to become a settlement. The conversion of paddy fields in Songgom District, Brebes Regency has experienced a significant increase. The purpose of this study aims to determine and analyze the process of converting land functions into residential land and the juridical implications of changing the function of paddy fields into residential land. The approach method in this study is a sociological juridical approach with research specifications used descriptive analysis. Where the author uses primary data sources obtained through interviews and secondary data obtained from the literature and then analyzed descriptively qualitatively. Based on the research, it was concluded that the process of transferring land use went through several stages starting from checking the spatial data zone whether it entered the yellow zone, which means it is normally converted, or the green zone, which means it cannot be converted because it is in an LSD area. If the yellow zone is included in the LSD zone area, it must be excreted from the LSD to the Regent, then make an application through the DPSDAPR office, after PERTEK exits, proceed with submitting an application for approval to the DPMPTSP/MPP office, then it will be returned to BPN to record changes in land use. Furthermore, it can only be sold/ready to be converted. The legal consequences of the conversion of agricultural land into a residential area for the perpetrators of land conversion that deviate from the rules, are regulated in Article 72 of Law Number 41 of 2009 concerning Sustainable Food Land: a. Individuals who change the function of sustainable food agricultural land as referred to in Article 44 paragraph (1) shall be subject to imprisonment for a maximum of 5 (five) years and a fine of up to IDR 1,000,000,000.00 (one billion rupiah), b. Individuals who do not carry out the obligation to restore the condition of sustainable food agricultural land to its original state as referred to in Article 50 paragraph (2) and Article 51 shall be punished with imprisonment for a maximum of 3 (three) years and a fine of up to IDR 3,000,000,000.00 (three billion rupiahs), c. In the event that the acts referred to in paragraphs (1) and (2) are committed by a government official, the penalty shall be added to 1/3 (one-third) of the penalty imposed.Keywords:  Field; Housing; Juridical; Land.
Juridical Analysis of Multiple Issuance of Non-Dispute Statements by the Previous Village Head and Current Village Head against Different Applicants for Applications for Land Rights Panji, Dikia Satrio
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 practice of persons who are not responsible for Issuing multiple Statements of No Dispute issued by Village Office Officials which can harm materially and non-materially to land rights holders. This study aims to analyze juridically the issuance of multiple Non-Dispute Statements made by Village Heads who have different terms of office, the mechanism for applying for land ownership rights in the City of Semarang. The research approach method used in this thesis is to use the sociological juridical legal research method. The specifications of this research are using descriptive analysis. The type of data used in this study is primary data which includesThe 1945 Constitution, the Basic Agrarian Act No. 5 of 1960, Government Regulation Number 24 of 1997, as well as secondary data containing books and supporting documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interaction model as proposed by Miles and Huberman. The results of the study show that: First, Issuance of a Statement of No Dispute has a procedure for challenging provisions, requirements that must be carried out from the time the applicant's application is submitted until the issuance of a Statement of No Dispute which gets approval from the Village Head and District Head. Second, legal protection for the aggrieved party from the issuance of multiple non-dispute statements.Keywords: Letter; Dispute; Statement; Village.
Implementation of Electronic System based on Notary Administration Wulandari, Rezekista; Bawono, Bambang Tri
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 (1) identify and understand the implementation of electronic-based Notary Administration in the conception of legal certainty. (2) knowing and understanding the effectiveness of electronic-based administrative system management. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed by quantitative descriptive. The results of the study show that (1) the Implementation of Electronic-Based Notary Administration provides legal certainty guarantees if there are no conflicting provisions between one law and another (2) Effectively Management of the Electronic-Based Notary Administration System is economical, electronic notary protocol storage aims to be more practical, efficient, inexpensive and secure. Meanwhile, from the legal aspect, it can help and facilitate the legal process related to the law of evidence, namely electronic evidence.
The Legal Review on the Sale of Land Auction Results When A Breach Happened Rahmalia, Riza Septi
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

Any collateralized credit in the form of land rights must be collateralized by a mortgage right as outlined in the Mortgage Granting Deed (APHT), for granting a certain amount of credit. APHT is made, then the promise will legally bind both parties so that they can anticipate in the event of a default. Normative juridical approach method. Specifications are analytical descriptive. The type of data is secondary data, divided into legal material originating from law and legal knowledge. The method of collecting data through literature studies and interviews with data analysis methods is qualitative analysis. The legal review of the sale of land auction results when a default occurs (Study on Decision Number: 121/Pdt.G.2017/PN.Unr) according to the creditor, according to the applicable procedure. However, this is different from the opinion of the Debtor who feels that the auction process carried out by the Creditor is detrimental to the Debtor because the auction limit value for land objects is not appropriate because it is far below the market and the auction sales results are not notified by the Creditor to the Debtor.The value of justice in fulfilling the price of the auction sale of land rights in the event of default, is to fulfill the benefits for both the Debtor and the Creditor, the Creditor benefits in returning the money lent to the Debtor. Meanwhile, the debtor who is in default will feel that he is getting justice if the debt burden is paid off and when the collateral is sold through auction, he still gets the remainder.Keywords: Auction; Default; Land; Sale.
The Implementation of the Duties of Officials Making Land Deeds in Making Deeds of Sale and Purchase of Land During the Implementation Period of Restricting Community Activities Alaric, Muhammad Eldin Naufan
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

Land Deed Officials/PPAT are officials who are authorized to make authentic deeds that can be trusted. Making a Land Sale and Purchase Deed is a document made by a Land Deed Making Officer (PPAT) which can prove an agreement between each party regarding the sale and purchase of land. During the period of the spread of Covid-19 in Indonesia and government regulations regarding the imposition of restrictions on community activities (PPKM), in this case officials making land deeds and appearers must follow all applicable rules to minimize and break the chain of the spread of Covid-19 in Indonesia. This study uses an empirical juridical approach, analytical descriptive research specifications, namely how to describe the condition of the object under study, the method of data collection is done by interviews and literature studies, as well as qualitative analytical methods as a method of analyzing data. Based on the results of the research and discussion: 1) PPAT has an important role, namely a General Official who helps the parties to achieve their wishes, prepares and registers a transfer of land rights at the Land Office, and has the authority to make AJB as an authentic deed, and implements health protocols in making a sale and purchase deed in accordance with the rules issued by the government; 2) Obstacles in making a land sale and purchase deed, namely if one of the parties is infected with Covid-19, it is mandatory to temporarily postpone the implementation of the signing of the document, the solution in making a land sale and purchase deed during the implementation of restrictions on community activities due to the Covid-19 outbreak, namely by adhering to the health protocols that have been recommended by the government to the public.Keywords: Land; Official; Purchase.
The Efforts to Completion of Contract Restructuring Due to Covid-19 Ismi, Nur; Hafidz, Jawade
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 identify and analyze the form of settlement by the BankonFinancing Facility Due to COVID-19; To find out and analyze the Recruitment Contract Settlement Technique for the Impact of Covid-19; as well as to find out and analyze the Obstacles and Solutions to Settlement of Restructuring Contracts Impact of COVID-19.The type of research used is empirical normative research. The research uses qualitative analysis, which is a method of research that produces descriptive analytical data, which are stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Primary data is data obtained from practices that occur and secondary data is carried out by means of tertiary legal material literature research. Collecting data in this study by means of observation and interviews. Based on the research it was concluded that ppotential customers unable to pay onBankdue to impactthe spread of COVID-19, but this impact has been anticipated by the Regulation of the Financial Services Authority of the Republic of Indonesia Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Coronavirus Disease 2019 (COVID-19), where POJK provides an opportunity to restructure financing by taking into account the criteria that the specified customers are customers affected by the spread of COVID-19 and paying attention to the sectors affected by the spread of COVID-19.Completion of Impact Restructuring AgreementCOVID-19as follows: Rescheduling; Reconditioning; and Restructuring. Basically, there are 2 constraints that occur in the settlement of troubled financing at the Bank, namely First, Delays in customers completing administrative requirements for online verification. Second, the obstacle in verifying document requirements is when a customer is dishonest in reporting economic conditions after being affected by a virus outbreakCOVID-19. Keywords: Bank; Contract; Restructuring.
The Juridical Implications for Multiple Positions Performed by Land Deed Officials as State Officials in the Conception of Legal Certainty Andriyani, Novia
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

PPAT is a job that is independent, individual work, without a supervisor, trust work and requires strong morals because there are very few kinds of laws . and regulations, in its implementation it is very vulnerable to various kinds of violations, one of which is concurrent positions. In practice, in practice, over time with the increasing number of people undergoing the PPAT profession from time to time, coupled with technological developments and the opportunity for some PPATs to get as many clients as possible, there are also PPATs who are difficult to get clients. This has made some PPAT individuals to carry out concurrent positions as advocates, become PPATs at the Notary's domicile, and as well as other professions. state officials. 1) knowing and analyzing the legal construction of concurrent positions carried out by the Land Deed Making Official as a state official. 2) Knowing and analyzing the juridical implications of concurrent positions carried out by Land Deed Maker Officials as state officials in the Conception of Legal Certainty. This research method uses normative juridical research, which is a deductive research that begins with an analysis of the articles in the laws and regulations governing the above problems. The specifications used in this study are descriptive analysis. Researchers used normative juridical specifications with primary and secondary data. The primary data used is obtained from binding sources in the form of laws and regulations. The data analysis method used descriptive-qualitative analysis. Based on the research conclusions: 1). Therefore, having multiple positions in the PPAT profession as a state official is allowed and some are not. Concurrent positions permitted by the PPAT position regulations are as follows: 1) PPAT concurrently serves as a notary at the Notary's domicile, Temporary PPAT concurrently serves as sub-district head or village head and Special PPAT concurrently serves as head of the land office. PPAT is prohibited from holding concurrent positions or professions as follows: Advocate, consultant or legal advisor; Civil servants, employees of state-owned enterprises, employees of regional-owned enterprises, private employees; State Officials or Government Employees with Work Agreements (PPPK); Leaders at schools, state universities, or private universities; Licensed surveyors; land appraisers; mediators; and/or other positions prohibited by laws and regulations. 2). The legal consequence of concurrent PPAT positions is a respectful dismissal by the Ministry.Keywords: Concurrent; Deed; Position.
Roles and Responsibilities of Notaries in Distributing Inheritance through Making Inheritance Statements for Chinese Groups in the City of Semarang Pradana, M.Iqbal Aditya
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

The inheritance statement made by a notary for the Chinese group is very useful in legal activities, especially in managing the heir's inheritance. This writing aims to find out and analyze the role and responsibilities of notaries in distributing inheritance through making inheritance statements for Chinese groups in Semarang City and what are the obstacles and solutions to the role and responsibilities of Notaries in distributing inheritance through making inheritance statements for Chinese groups in Semarang City. The approach method used in this research is a sociological juridical approach, meaning research carried out on the real conditions of society or the community environment with the aim and purpose of finding facts which then lead to identification and ultimately lead to problem solving. The analytical tools in this writing use the theory of justice, the theory of responsibility and the theory of legal certainty. The results of this research show that the role of a notary in distributing inheritance through making inheritance statements for the Chinese group in the city of Semarang is as a medium for the birth of an authentic deed, including a certificate of inheritance for the Chinese group in the city of Semarang. Notaries are not required to carry out their official duties to investigate the truth of the identity, the truth of the material contents of the deed, and the authentic deed will be proof that an event or relationship has occurred between the parties and the notary's responsibility for the distribution of inheritance through making inheritance statements for Chinese groups in the city of Semarang is limited to at the beginning of the Deed/head of the Deed and the end/closing of the deed, and full responsibility for its contents and the Notary's Obstacles in Distribution of Inheritance through making Inheritance Certificates for Chinese Groups in the City of Semarang, including: 1) The Notary does not master and understand the provisions related to heir certificates, 2) The Notary has difficulty ascertaining whether the witnesses presented are appropriate. or not, 3) There is no unification regarding the implementation arrangements for making Certificates of Inheritance Rights and 4) There are witnesses or heirs who are not honest in giving information. In connection with the obstacles that occur regarding the preparation of certificates of inheritance rights for Chinese groups by Notaries, there are several ways to overcome these obstacles. Keywords: Heir; Notary; Role.

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