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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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Juridical Implications of Power of Attorney Imposing Mortgage as Collateral in Credit Agreements at Regional Bank Public Company Agustina, Dadan Hardiana; Djunaedi, Djunaedi
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) the implementation of credit agreements using a Power of Attorney to impose Mortgage as collateral in a Regional Public Company BPR Bank Brebes. 2) The juridical implications of the Power of Attorney to impose Mortgage which are used as collateral in the credit agreement at the Regional Public Company BPR Bank Brebes. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1). The implementation of a credit agreement using a Power of Attorney to impose Mortgage as collateral in a Regional Public Company BPR Bank Brebes is only carried out if absolutely necessary and the mortgagee cannot be present before a Notary/PPAT. The power of attorney must be given directly by the giver of the Mortgage and must meet the requirements that have been set. 2) The juridical implications of the Power of Attorney to impose Mortgage which are used as collateral in the credit agreement at the Regional Public Company BPR Bank Brebes are related to the SKMHT guarantee which cannot be withdrawn or cannot be terminated for any reason, except because the power of attorney has been exercised or because the time is up. SKMHT concerning Mortgage that has been registered must be followed by making APHT no later than 1 (one) month after it is given. If the land has not been registered, or has been certified but has not been registered in the name of the mortgagee as a new right holder, the deadline for making APHT is 3 months after it is granted. SKMHT which is not followed by making APHT within the specified time, is null and void. In addition, the SKMHT is only an authorized institution and not as a guarantee institution in paying off a loan. This means that SKMHT does not give any position to the bank as a creditor.
Effectiveness of Legal Protection for Auction Winners in Land Disputes With Guaranteed Objects of Mortgage Prabowo, Hertanto Adi
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 analyze the Effectiveness of Legal Protection for Auction Winners in Land Disputes with Mortgage Guaranteed Objects in Banjarnegara Regency, to find out and analyze how the validity of the process of blocking property rights certificates that have been won through auctions in the concept of legal certainty, to find out and analyze how legal protection is for creditors and auction winners for blocking certificates of ownership rights, to find out and analyze examples of Deeds for Granting Mortgage Rights. The approach method in this study uses a sociological juridical approach. The specification of this study uses a sociological juridical approach. The specification of this research uses descriptive analytical research. The type of data used in this study is data from primary legal materials which include the Civil Code, the Mortgage Act No. 4 of 1996, BAL no. 5 of 1960, Minister of Finance No. 27/PMK.06/2016 Concerning Instructions for Implementation of Tenders, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 13 of 2017, Minister of Agrarian Regulation No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation No. 24 of 1997 concerning Land Registration, Supreme Court Jurisprudence, SEMA No. 589/PAN.2/251/P/09/SK.Perd, as well as data on secondary legal materials from books and supporting documents. The data analysis method that the writer uses is qualitative data analysis. The results of the study show that the validity of the process of blocking SHM that has been won through an auction process is not legally valid and cannot be implemented because the ownership of the certificate of ownership has been transferred to the creditor with a promise to provide collateral in the form of the certificate of ownership to the creditor. Legal protection for auction winners for blocking SHM is contained in the Civil Code, Vendu Reglement, HIR, PMK Number 27/PMK.06/2016, and Supreme Court Judgment Jurisprudence.Keywords: Blocking; Legality; Mortgage; Protection.
The Role of Notaries in Executing Location Permits for Housing Business Actors Using a Risk-Based OSS System Agustina, Ayu
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

Electronically Integrated Business Licensing Services or Online Single Submission - Risk Based Management (OSS - RBA) which is a one-door investment licensing portal and is said to provide business convenience for all parties, including Small and Medium Enterprises (MSMEs), as stipulated in Government Regulation Number 5 of 2021 Concerning Risk-Based Business Licensing, which system was developed by the Investment Coordinating Board (BKPM). This study aims to elaborate on the roles and responsibilities of Notaries regarding the implementation of location permits for business actors with legal status in Indonesia, especially for Housing and Industrial businesses and to identify inhibiting factors and supporting factors for Notaries in carrying out their roles. The approach method in this study is a sociological juridical legal research method that studies the influence of society on empirical law and juridical where researchers carry out field studies by conducting interviews with informants. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Law, Act No. 30 of 2004 in conjunction with Act No. 2 of 2014 concerning the Office of a Notary, Act No. 40 of 2007 concerning Limited Liability Companies, and Government Regulations Number 5 of 2021 concerning Risk-Based Business Licensing. The results of this study indicate that notaries are greatly assisted by the OSS RBA system, but there are still several obstacles both systemically, technically, in the field, and from human resources.Keywords: Location; Online; Permit; Submission.
The Roles and Responsibilities of Land Deed Officials in the Registration of Transfer of Land Rights as a Result of Sale and Purchase Ahmad Zahrial, Fadhil; 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 explain the roles and responsibilities of the PPAT in registering the transfer of land rights as a result of buying and selling in Blora Regency, and to identify and explain the obstacles encountered in carrying out the registration of transfer of land rights as a result of buying and selling in Blora Regency. as well as the solution. The method used is a juridical-sociological approach, with descriptive analytical research specifications. The types of research data include primary legal materials, secondary legal materials, and tertiary legal materials. The analytical method used in this study is a qualitative analysis method. Based on the results of the study it was concluded that the responsibilities of the Land Deed Making Officer (PPAT), namely in making and issuing Deeds of Transfer of Land Rights, must comply with the provisions of the applicable regulations. Obstacles in registering the transfer of land rights include incomplete paperwork, disputes with neighbours, lands for sale and purchase that have not been registered, the community is reluctant to certify the transfer of rights over their land. The solution to overcome the obstacles that occur during the implementation of the transfer of land rights in Blora Regency. Explains that, checks and examines the files, records them in the filling form, gives a receipt for the application files, and gives the applicant to complete the files through a notification letter. At the time of measurement there is a difference in the size of the land object in the certificate, it is better to report back to the BPN for re-checking. The land office organizes a mass certification program, especially for the less fortunate, so that the need for certificates can be met in a fair manner. Keywords: Land; Rights; Transfer.
Legal Protection for Creditors after the Implementation of the Auction of Mortgage Rights whose Selling Value has not been Paid Off the Debtor's Remaining Debt Rahman, Yanti BT.
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 determine and analyze the Legal Protection of the feasibility value of credit guarantees made after the Auction Decision No. 136/75/2019 dated 03 May 2019 at PT. Bank Mandiri Raha Branch, and to find out and analyze legal remedies that can be taken by creditors to obtain repayment of the remaining post-auction debt on collateral objects of Tangunggan Rights. 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 BW Civil Code (Burgelijk Wetboek); Act No. 4 of 1996; Act No. 10 of 1998 Act No. 37 of 2004; Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Guidelines for Auction Implementation, 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 is analysis. The results of the study show that the legal protection of the eligibility value of credit guarantees, namely the creditor must still pay attention to the appropriate value for the mortgage object according to market prices. The legal remedy that can be taken by creditors to obtain post-auction settlement of the remaining debt on the mortgage object is by filing a bankruptcy petition at the Commercial Court.Keywords: Agreements; Credit; Execution; Mortgage.
PPAT Responsibilities for Custody of BPHTB Payments in Karanganyar Regency Aritasari, Nanik
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

Payment of BPHTB tax (Land and Building Rights Acquisition Fee) in Karanganyar is very open with the assistance of the PPAT (Land Deed Official) who is the recipient of the custody of BPHTB tax payments. The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering. Keywords: Accountability; BPHTB; Legal; PPAT.
Legal Position of Power of Attorney Imposing Mortgage Rights in Subsidized Home Ownership Credit Facilities Rozaqi, Muh
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

A Power of Attorney to Encumber Mortgage Rights is a letter containing a power of attorney made or given by the collateral provider or land owner, in this case the debtor as the party providing the power of attorney to the creditor as the party receiving the power of attorney to represent the power of attorney in granting mortgage rights to the creditor over the land belonging to the power of attorney. . Regarding SKMHT, a time period is set for the SKMHT to be followed into a Deed of Granting Mortgage Rights (APHT). In practice, based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 22 of 2017 concerning Determination of Time Limits for the Use of Power of Attorney to Encumber Mortgage Rights to Guarantee Repayment of Certain Credits, the SKMHT is valid until the end of the main agreement, one of which is Subsidized Home Ownership Credit. This research aims to find out and explain the procedures for making SKMHT in subsidized home ownership credit facilities at Bank BNI Pekalongan Branch, to find out and explain the legal position of SKMHT in subsidized home ownership credit at Bank BNI Pekalongan Branch and to find out and explain the legal consequences of SKMHT for defaulting debtors at Bank BNI Pekalongan Branch, the research approach used in this thesis is an empirical juridical legal research method which relies on primary data (field research) and the research specifications applied in this research are analytical descriptive with a population and the sampling technique used is Non Random Sampling with purposive sampling. This research shows that the procedure for making SKMHT must be made specifically and authentically before a Notary/PPAT, preceded by the signing of a credit agreement. The function of SKMHT as a Power of Attorney is addressed to the holder of mortgage rights or another party to represent the person giving the mortgage rights. In the event that the debtor defaults, the recipient of the power of attorney can proceed with making a Deed of Granting Mortgage Rights so that the creditor is the preferred creditor.
The Evidential Power of a Private Deed Legalized by a Notary in Court Ikstian, Shandy Fanyahya
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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Abstract

The evidentiary power of a private deed as evidence in a court proceeding that is connected to the notary's authority in legalization. This study aims to determine the strength of a private deed as evidence in a court proceeding, to determine whether or not the legalization function of a deed made privately can provide additional evidentiary power in a court hearing. Based on the results of the study, it can be seen that: 1) The practice of legalization by a Notary is that legalization is an acknowledgment of the date of the agreement, so that a private deed that has been legalized provides certainty for the judge regarding the date, identity, and signature of the parties concerned and related to the agreement. In addition, as long as they still have the authority to carry out their duties as a Notary; 3) The legal consequences in evidence in court in the event that there is a private deed that is legalized by a notary are that it does not have perfect evidentiary power because it lies in the signatures of the parties which, if recognized, are perfect evidence like an authentic deed. In contrast to authentic deeds which have definite evidentiary power, for private deeds the evidentiary power lies in the hands of the judge to consider them (Article 1881 paragraph (2) of the Civil Code).
Legal Formulation Policy for Deeds Issued by Temporary Land Deed Officials (PPATS) Mashuri, Mashuri; Sri Darmadi, Nanang; Hafidh, Muhammad
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. PPATS becomes incompetent in making all forms of real deeds compared to Notaries or PPATs who obtain their positions through legal education and internships at the BPN office or at PPAT, so that the position of Notaries and PPATs is better than PPATS, so a legal formulation is needed that can regulate the limits of PPATS's authority in carrying out duties as PPAT. The research discussion includes two things, firstly how to register deeds (transfer of land rights) registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and how is the concept of legal formulation regulating the registration of land deeds registered by Temporary Land Deed Making Officers in the future. This study aims to analyze the registration of land transfer deeds registered by Temporary Land Deed Making Officers in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration. To find the right legal formulation for Temporary Land Deed Makers (PPATS) in the future. Approach Method used by the researcher in this thesis The type of research used by the author in this thesis is normative legal research. The types and sources of data used are primary, secondary, and tertiary data sources. The data collection method is a literature study, the research data analysis method carried out by the author is prescriptive. The results of the research and discussion show that: First, the PP on Land Registration does not regulate the authority of Temporary PPAT to register land transfer deeds while the authority of Temporary PPAT is obtained from the PP on PPAT Position which gives authority to Temporary PPAT to act as PPAT. Second, PPAT in Indonesia as a whole has begun to emerge and even in some areas the quota for PPAT is full, so there is no need to worry if PPATS is abolished in the legal regulations in Indonesia because with the large number of PPATs spread across various provinces in Indonesia, it would be better to optimize the distribution of the number of PPATs in 33 provinces in Indonesia by limiting PPATs to choose their legal work area and giving authority to BPN to regulate the distribution of PPATs in areas where there are no PPATs yet.
Imposition of Land & Building Rights Acquisition Duty Taxes Dependent on Certificate of Property Rights in the Implementation of Complete Systematic Land Registration ZA, Arief Febriyanto; Hafidz, Jawade
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 find out & analyzeprocedures for the imposition of tax on the acquisition of land & building rights payable on certificates of ownership in the implementation of a complete systematic land registration, as well as to know & analyzelegal consequences of the imposition of tax on the acquisition of land & building rights owed on certificates of ownership in the implementation of a complete systematic land registration.The approach method in this research is normative law (doctrinal). Normative legal research that is more specific discusses legislation or is also called normative juridical. Based on the results of the study, it was concluded: 1) Issues with Payable PPh & BPHTB in the implementation of Complete Systematic Land Registration (PTSL) which are regulated in Article 33 of Ministerial Regulation ATR/Ka BPN Number 6 of 2018 which provides space for convenience in implementing the PTSL Program, for those who do not or have not able to pay PPh & BPHTB by making a statement of PPh & BPHTB Outstanding, the certificate of land rights can still be issued. However, provisions regarding PPh & BPHTB payable in Complete Systematic Land Registration activities still require separate arrangements, especially regarding the billing mechanism & payment time that must be made by PTSL participants; 2)The provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, vertically, contradict the provisions of Articles 3 & 7 PP Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009. Legal consequences of the provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, namely causing legal uncertainty, legal injustice, & not fulfilling the legal force of land rights certificates as a strong means of proof. Legal uncertainty occurs because there is dualism in regulations governing procedures for paying PPh & BPHTB as well as uncertainty regarding the payment mechanism. Legal injustice occurs due to differences in the provisions for issuing certificates between Article 33 of Permen ATR/Head of BPN Number 6 of 2018 & Articles 3 & 7 of Government Regulation Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009, because of this.Keywords: Debt; Outstanding; Tax.

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