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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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Notary's Responsibility for Errors in the Authentic Deed Making Process Yuhana, Shaza Refa; Hanim, Lathifah; Gunarto, Gunarto
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 analyze the notary's responsibility for errors in the process of making authentic deeds based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. This study uses a sociological juridical approach with descriptive analytical research specifications, using primary and secondary data collected through literature studies and interviews, then analyzed qualitatively. Based on the study, it is concluded that notaries have legal responsibilities that include civil, criminal, and administrative aspects when errors occur in the process of making authentic deeds. Errors can be categorized into five types, namely errors related to the parties present, the object of the deed, the content of the deed, the formality of the deed, and the notary protocol. The legal implications of these errors can result in the deed being canceled, null and void, or only having evidentiary force as a private deed. The analysis of the case of the High Court Decision Number 166/PDT/2018/PT YYK shows that a simulated deed can be declared null and void and provides legal certainty. Error prevention can be done through a thorough understanding of the regulations, caution, thoroughness in carrying out duties, and proper notary protocol keeping.
Juridical Study of Agreements Between Developers and Home Buyers in Failed to Build Issues Yuliani, Nur Amanah; Dwi Istinah, Siti Rodhiyah
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

The purpose of this study is to analyze: 1). Implementation of the agreement between the developer and the buyer of the house in the problem of failing to build in Pemalang City at this time. 2). Implementation of the agreement between the developer and the buyer of the house in the case of failing to build in Pemalang City, which should be. The approach method in this research is a normative juridical approach using a statutory approach and a conceptual approach. The secondary data used were obtained through literature study, data analysis was carried out using descriptive analytic. The results of the study concluded: 1). The problem of failure to build usually only arises when the object in the house sale and purchase agreement has been handed over, but it turns out that the quality is not as expected by the consumer or the environment where the house that is the object of the agreement is built is not in accordance with the agreement. This is actually something that needs to be looked at together both by the developer himself as a seller and by the consumer as a buyer. In addition, failure to wake up late is known when the handover of the house is carried out during the dry season and consumers only find out that there will be defects in the building during the rainy season. Even though the warranty period from the developer has expired. This problem is experienced by consumers from CV. Bima Abadi then filed a complaint to the developer about the problem. In the end, the matter was resolved amicably. The parties agree that the developer will bear the cost of destroying the building in half and the rest will be borne by the consumer. 2). The implementation of the agreement should be based on contractual liability (responsibility based on the agreement) as regulated in article 134 of Act No. 1 of 2011 concerning Housing and Settlement Areas which states that "Everyone is prohibited from carrying out housing construction, which does not build housing in accordance with the criteria as specifications, requirements, infrastructure, facilities, and public utilities that have been agreed. It is clear in Act No. 1 of 2011 concerning Housing and Settlement Areas in article 134, to provide protection for housing consumers for an agreement made with business actors, in this case housing developers.
The Implementation of the Notary Code of Conduct in Realizing Quality Notary Services Jauhari, Rofiq
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

Notary is a public official who is authorized in making authentic deeds. As an official appointed by the government, a notary has the duty to provide good service to the community. In the duties of a Notary, it is regulated by several laws and regulations, especially the Law on Notary Positions and the Notary Code of Ethics. The method used in the preparation of this thesis is a sociological juridical method, namely research conducted by observation, collecting data from both the literature and interviews. The results of the study stated that 1) The implementation of the Notary Code of Ethics in realizing the quality of quality Notary services in the City of Rembang is as a basis, benchmark, reference and guideline / benchmark in every act, attitude and behavior in the duties of a notary position. The provisions contained in the notary code of ethics contain obligations and prohibitions for notary positions to regulate so that notaries do not violate mutually agreed rules. 2) Barriers & solutions to the implementation of the Notary Code of Ethics in realizing quality Notary services in the City of Rembang is the less than optimal role of Notaries, Regional Honorary Councils and the Community in Rembang City in realizing quality Notary services. The solution to the three obstacle factors is to work together in carrying out the roles of each individual/group in accordance with the applicable law so as to realize quality Notary services in the City of Rembang. solutions to the implementation of the Notary Code of Ethics in realizing the quality of Notary services in the City of Rembang is the less than optimal role of Notaries, Regional Honorary Councils and the Community in Rembang City in realizing the quality of Notary services. The solution to the three obstacle factors is to work together in carrying out the roles of each individual/group in accordance with the applicable law so as to realize quality Notary services in the City of Rembang. solutions to the implementation of the Notary Code of Ethics in realizing the quality of Notary services in the City of Rembang is the less than optimal role of Notaries, Regional Honorary Councils and the Community in Rembang City in realizing the quality of Notary services. The solution to the three obstacle factors is to work together in carrying out the roles of each individual/group in accordance with the applicable law so as to realize quality Notary services in the City of Rembang.Keywords: Code; Ethics; Notary.
The Juridical Accountability Analysis Notary against the Entry of Criminal Actions Incorrect Information in the Deed of Inheritance Anggara, Dedy Yudistian
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 deed of inheritance is included in the party's deed. A notary who makes a party's deed, may not enter incorrect (false) information in the inheritance deed he makes, but the party facing the making of an inheritance deed does not rule out the possibility of providing incorrect (false) information. Case No. 259/Pid.B/2015/PN.Cjris one example of a case where a notary is held criminally responsible for entering incorrect (false) information into an inheritance deed. The question is why in this case only the notary is held accountable. The purpose of this study was to analyze the responsibility of a notary in the crime of entering incorrect information in the deed of inheritance case case study No.259/Pid.B/2015/PN.Cjr and find out the legal consequences of an inheritance deed made by a notary based on incorrect information. This study uses a normative juridical approach with a case approach. The case to be studied is case No. 259/Pid.B/2015/ PN.Cjr. The specifications in this study include analytical descriptive and the type of data used is secondary data, with data collection methods including literature studies and documentation studies which are then analyzed qualitatively. Based on the research results it is known that the responsibility of a notary in the crime of entering incorrect (false) information in the inheritance deed in Case No.259/Pid.B/2015/PN.Cjr is based on Article 263 paragraph (1) of the Criminal Code and on the fulfillmentThe three elements of error in criminal law, namely:a.the ability to be responsibleDefendant, where at the time of making the deed of inheritancefalseThe defendant is in good health; b. hthe Defendant's inner relationship with his actions which were intentional, where the Defendant's intention to make a fake inheritance certificate was as a basis for making a grant deed and giving power of attorney; c.tthere are no things that abolish the punishment for the Defendant, either as justification reasons or excuses. The legal consequences of an inheritance deed made by a notary based on incorrect (fake) information do not necessarily make the inheritance deed null and void. The aggrieved parties must submit a lawsuit to the court to cancel the deed. If based on a court decision it is stated that the inheritance deed is cancelled, then the legal consequences arising from the cancellation of the inheritance deed are:deed of grants and power of attorneymade under the deed of inheritance by itself null and void. Next becausedeed of grants and power of attorneynull and void, then all forms of legal action against the inheritance of the heir, which is based on the grant deed and the granting of power of attorney become invalid and have no legal force.Keywords: Accountability; Fake; Inheritance.
The Legal Aspects of Land Auction Process for Former Village Officials Collateral and/or Government-Owned Development Reserve Land Abdurrahman, Abdurrahman
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 identify and analyze the legal aspects of the auction process for land that was formerly guaranteed by village officials and/or development reserves belonging to the Bima district government. To find out and analyze the legal consequences for the auctioneers who carry out the auction not based on the laws and regulations regarding auctions. And to find out and analyze the legal consequences of the auction treatise deed from the implementation of an auction that is not based on the laws and regulations regarding auctions. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Constitution; Government Regulation Number 28 of 2020; Regulation of the Minister of Finance Number 213/PMK.06/2020; Bima Regent Regulation Number 30 of 2019; Civil Code and Criminal Code, as well as secondary data containing books and other supporting documents. Collection of research data using interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is an interactive model qualitative analysis as proposed by Miles and Huberman. The results of the research show that the process of carrying out the auction as stipulated in the Minister of Finance Regulation Number 213/PMK.06/2020 and the Bima Regent Regulation Number 30 of 2019 there are differences in certain matters. And in practice the implementation of the auction is not in accordance with the provisions of the applicable laws and regulations.Keywords: Auction; Land; Village. 
Juridical Analysis of Efforts of Increasing Regional Genuine Income Through Revenue of Tax Taxes For Land and Building Rights Acquisition (BPHTB) in Regional Revenue, Financial and Asset Management Agency (BPPKAD) Haryanto, Dyan Dwi
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

BPHTB is categorized as Regional Tax revenue, which in its entirety is included in the PAD component. After the enactment of Act No. 1 of 2022, In this case, it is hoped that the transfer of BPHTB taxes from central taxes to local taxes can make a major contribution in increasing regional original income and aims to increase the local taxing power of districts/cities. This makes the regional government more autonomous, not only on the expenditure side, but also on the revenue management side. The changes in various national policies as referred to have brought great hope for the regions to develop their regions by exploring the potential of their respective regions as sources of regional income, especially regional original income through the tax collection policy of Land and Building Rights Acquisition Tax (BPHTB). The approach method used in this research is a sociological juridical approach. The sociological juridical approach is a research that identifies and conceptualizes law as a real and functional social institution in a real-life system. This study identified the main meanings in law such as legal subjects, rights and obligations, legal events in laws and regulations. This research is based on the science of normative law (laws and regulations), especially examining the reactions and interactions that occur when the norm system works in society. From the definition of self-assessment, it can be concluded that in the implementation of tax collection BPHTB requires taxpayers to understand and master the tax provisions as stipulated in the applicable tax laws and regulations, so that with the existence of this self-assessment system, it is possible that taxpayers will experience difficulty in paying the tax.Keyword: Effectiveness; Revenue; Tax.
The Legal Protection against the Criminalization of Notary Positions and Land Deed Officials (PPAT) Irfan, Irfan; Arifullah, Achmad
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

It cannot be hidden, the position of the perpetrators of the position of notary public and land deed official (PPAT) is very vulnerable to becoming a “target for shooting” by law enforcement officials. The term that is currently viral is "Criminalization" by unscrupulous officials with various motives. Meanwhile, in work, notaries are always reminded to be professional and comply with the applicable laws and regulations that regulate standard work procedures. This is regulated, mainly in the Notary Office Law, and other regulations, including the Regulations for the position of a land deed official (PPAT). Apart from that, there is also a code of ethics. With regard to the explanation above, the purpose of this study is 1) to find out the form of legal protection against the criminalization of notary/PPAT positions in the city of Semarang, 2) to find out and analyze how to recover the rights and conditions of a notary who is caught in criminalization in carrying out his position in the city of Semarang. The approach method in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Data types use primary data and secondary data. Data collection using interview and literature study methods. The data analysis method used is qualitative analysis. The results of the study concluded that: 1) by applying the precautionary principle before making a deed, in order to examine all facts related to making a deed with considerations based on statutory regulations. 2) Rehabilitation is a form of eliminating all losses that have been caused by cases that have befallen a notary and is a form of restoring the rights of a notary by clearing the good name, position, dignity and dignity as a public official. If it is related to the case example in Decision Number: 650/Pid.B/2015/PN Dps, the form of compensation can be submitted in pretrial because the indictment does not fulfill the elements of crime of violating a criminal act and the indictment used is a criminal act that is not in accordance with the elements contained in a criminal act but rather a civil act so that this has shown that there has been an error in the application of law.
Legal Protection for Land Rights Owners in the Name Change Process Following the Burning Down of the Brebes District Land Office Wulandari, Wina
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 fire incident resulted in the destruction of land documents. As happened at the Brebes BPN Office, the fire disaster caused damage to the 2023 Complete Systematic Land Registration (PTSL) certificate which was ready to be submitted, approximately 6000 files were being worked on. The impact of the fire at the Brebes BPN Office will cause land services to be hampered and the escalation of land conflict disputes to increase. The purpose of this study was to determine the legal protection for land rights owners in the name change process after the Brebes Regency Land Office burned down and the efforts of the land office for land rights owners. This research is an empirical research. In terms of the type of data, the research approach used in this study is a qualitative approach. This study uses primary data types and sources supported by secondary data. The data analysis technique used in this study is a qualitative descriptive method. The results of the study stated that legal protection for landowners after the Brebes Land Office fire involved the restoration of certificates and land books by the BPN based on Perkaban Number 6 of 2010. The name change process can be assisted by a legal expert or notary, with the landowner including important documents and coordinating with related parties. The Brebes Land Office carried out land certificate data recovery after the fire, although the negative land registration system has weaknesses. Recovery follows the Head of Agency Regulation Number 6 of 2010 concerning disaster management and the return of community rights to land assets in disaster areas.Keywords: Land; Protection; Rights.
Effectiveness of Implementing Limited Liability Company Legal Entity Registration Through Online Single Submission by a Notary Dewi, Puput Shintia
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to analyze: the implementation of limited liability company legal entity registration through the OSS system by notaries in Pekanbaru City, and the effectiveness of limited liability company registration via OSS by notaries in Pekanbaru City. The approach method used is empirical/sociological and includes analytical descriptive research. Data sources were obtained through interviews conducted directly with notaries as resource persons and other literature studies.  The research results showed that the registration of a limited liability company (PT) legal entity begins with the preparation of a deed of establishment of a limited liability company by a notary as an authorized official. The deed of establishment contains the company's articles of association. After the deed of establishment is issued, the business actor or notary as their representative must register a business license through the OSS system, which will then result in obtaining an NIB (Business Identification Number) as the company's identity in carrying out business activities. The effectiveness of registering a limited liability company (PT) legal entity through the OSS system by a notary in Pekanbaru City cannot yet be assessed as effective because many obstacles are still found. Some of these obstacles are the notary's lack of understanding in OSS operations, internet network problems and websites that often have errors, difficulty in getting information regarding the requested requirements and if problems occur they still have to be reported manually so it takes longer, as well as a lack of socialization or counseling from the government.
Legal Aspects of Electronic Storage of Notarial Deed Minutes Azza Baharuddin, Alief; Hanim, Lathifah
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

UUJN Amendment Article 1 Number 1 defines a notary as a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. UUJN Amendment Article 16 paragraph (1) letter b states that in carrying out his/her position, a notary is required to make a deed in the form of minutes of the deed and store it as part of the notary protocol. The purpose of the study was to determine and analyze the legal aspects (regulations) of storing minutes of notary deeds electronically and to determine and analyze how to overcome data leaks of minutes of notary deeds stored electronically. The type of research is in the form of normative legal research with a statutory approach method supported by secondary data sources through library data collection and using a prescriptive analysis method. The results of the study are: (1) The legal aspects of storing minutes of notary deeds electronically are proven by the Notary Law not being able to keep up with technological developments that facilitate and provide security for notaries in carrying out their obligations, because there are no norms that regulate notaries so that they can store minutes of deeds electronically. (2) The method for dealing with leaks of notarial deed minutes data stored electronically is to scan the deed minutes file which is then stored on an external hard disk to accommodate the deed minutes document throughout the notary's term of office, create a special deed minutes storage server owned by the notary through the notary professional organization at each regional level and access to view notarial deed minutes stored electronically is only given to parties who have authority over the deed minutes such as notaries and the notary supervisory board which consists of government elements, notary elements and expert or academic elements.

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