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INDONESIA
Jurnal Konstatering
Published by Universitas Islam Sultan Agung
ISSN : 28284836     EISSN : 28284836     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 252 Documents
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The Effectiveness of Imposing Sanctions on Notaries/PPAT Recipients of Work Given by Pt. Regional Development Bank of West Java and Banten Tbk,. Consequences of Work that Exceeds the Completion Period/Service Level Agreement (SLA) Sugiarti, Stephanie
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 work of a Notary/PPAT as a bank partner often experiences obstacles in the process, so that the obstacles that arise result in the work of the Notary/PPAT being completed beyond the completion period/Service Level Agreement (SLA), as stated in the Cooperation Agreement between the Notary/PPAT and bank. This study aims to determine the level of effectiveness of imposing sanctions on Notaries/PPAT Bank partnersas a result of work that has passed its completion period, along with obstacles and solutions to reduce the non-fulfillment of Notary/PPAT Partner obligations to banks. The research approach method used in this thesis isnamely the sociological juridical approach. The specification of the research used is analytical descriptive. The type of data used in this research is primary data which includes the applicable laws and regulations in Indonesia. The results of the study show that: First, 91% of the 33 (thirty three) Notaries/PPAT partners at the Regional Office III of bank BJB are of the opinion that the imposition of sanctions is very effective as a preventive measure for the bank against the large number of Notary/PPAT work that has not been completed and exceeds the SLA. Second, for work that goes beyond the SLA, as much as 9% is hampered by binding credit, both credit agreements and addendums, while as much as 91% of work is hampered by binding collateral, such as Mortgage, Fiduciary, Mortgage, and Pledge. The solution to this problem is to evaluate the performance of the partner Notary/PPAT, regular monitoring, and reconciliation.Keywords: Agreement; Cooperation; Effectiveness; Sanctions. 
The Policy of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency in Land Registration Services during the Covid-19 Pandemic and Its Implications Nugroho, Dwi Cahyo
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 about the policies of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency in Land Registration Services during the Covid-19 Pandemic and their Implications. Approach method is the normative-empirical method. The specification of this research is analytical descriptive in nature. The data in this study are primary data and secondary data. These problems are analyzed using public policy theory. Based on the results of the research that based on the results of the research that at this time the National Land Agency (BPN) as a government agency that organizes land registration is being constrained in terms of service to the community in carrying out land registration with the Covid-19 Virus Pandemic. The Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (BPN) issued a Policy in the form of Circular Letter Number 7/SE-100.HR.01/IV/2020 concerning Ease of Services for Determination and Registration of Land Rights during the Emergency Response Status of Corona Virus Disease 2019 (covid-19).Keywords: Land; Pandemic; Policy.
Optimization of Debtor Protection in Problems Misbruik van omstandigheden What Creditors Do in The Execution of Viat Parate on Collateral Items Tanjung, Silva Fawjiah
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The existence of HT agreements often creates opportunities Misbruik van omstandighedenor misuse of circumstances that often harm the debtor as a powerless party due to a low bargaining position, because the debtor is a party that needs loan funds from the creditor, one of which is in the execution of parate collateral objects. This article aims to analyze the urgency of debtor protection from Misbruik van omstandigheden which is carried out by creditors in the implementation of parate HT executions. The method used in this paper is normative juridical. Based on the analysis conducted, it can be seen that Article 6 and Article 20 of the UUHT, which are also supported by Article 1178 paragraph (2) of the Civil Code, have resulted in loopholes for misuse of circumstances or misbruik van omstandigheden by creditors against debtors in terms of implementing agreements related to the execution of mortgage collateral objects. separately. Keywords: Agreement; Creditor; Debtor.
The Strength of Deed of Consent Roya as Substitute for Lost Certificate of Mortgage Rights in Demak District Aini, Maghfiroh; Hasana, Dahniarti
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 purpose of the research is to find out and analyze the implementation of making a Consent Roya deed as a substitute for a lost mortgage certificate and to analyze and examine the legal position and strength of the Consent Roya deed as a substitute for a lost mortgage certificate in the process of roya mortgage rights. The approach used in this research is Juridical Sociological, the juridical sociological approach technique is used to analyze and provide answers about legal issues in accordance with the intended target. The results of this study are the registration process and the completeness of the files related to the roya application using the roya consents deed is the same as the general roya service. The roya license deed or roya consents of mortgage rights have the same content and purpose, only different mentions based on the habits of each notary. The loss of the mortgage rights certificate results in the royalties not being able to be carried out. Land certificates that are still charged with mortgage rights cannot be resold or other legal actions if they have not been completed. Therefore, to replace the lost SHT, the BPN office requires to attach a Roya Consent Deed in the form of a notarial authentic deed. The roya permit deed made by a notary, its position is only as a substitute for the lost mortgage certificate in the roya process not for execution, so its position cannot be equated with a mortgage certificate that has executive power because it is not regulated in law or strict rules. The Roya license deed is a requirement to implement orderly land administration. In this case, it means that the position of the roya permit deed of mortgage rights made by a notary is a custom in notarial practice.Keywords: Certificate; Deed; Mortgage; Roya.
Juridical Implications for Notaries Who Commit Malpractice in Making Authentic Deeds in Kendal Regency Ardiansah, M. Irwan
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

Notaries who are authorized officials who have the authority to make authentic deeds can be prosecuted for acts of malpractice in making deeds. Claims against notaries who commit negligence or acts of malpractice can be reported and submitted to the Notary Honorary Council (MKN) and also the police. This research aims to find out and also analyze the consequences and also the notary's responsibility for the malpractice he or she commits. This research will also analyze the legal protection that the notary gets if they are suspected of committing malpractice in the process of making an authentic deed. The research approach used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this research are primary data, secondary data and tertiary data as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques or library materials. The consequences that occur when malpractice in making deeds occur are that the notary will receive legal repercussions at trial in the form of paying the compensation demanded. Apart from that, a notary who commits malpractice can also have his position as a notary revoked honorably, dishonorably, or temporarily by the Ministry of Law and Human Rights. Socially, notaries no longer have the trust of the public.
Legal Review of the Four Orderly Land Procedures in the Field of Absentee Land Ownership Setyawan, Joseph Ryan; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract.This study aims to analyze: 1) Implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency. 2) Obstacles and solutions in the implementation of the Catur Tertib Pertanahan program in overcoming absentee land ownership in Demak Regency. This type of research is included in the scope of empirical legal researcp. The approach method in this study is a sociological legal approacp. The types of data in this study are primary and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interview and literature techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency aims to create legal certainty, equal distribution of land control, and optimal land use in accordance with the principles of social justice. Various regulations have regulated the prohibition of absentee land ownership, including Law Number 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation Number 224 of 1961. Local governments, through the National Land Agency (BPN) and related agencies, conduct data collection, supervision, and land redistribution to ensure that land owned absentee can be allocated to farmers who need it more. However, the implementation of this policy still faces various challenges, especially in terms of law enforcement, land administration, and social and cultural factors in the community. 2) The implementation of this program faces several obstacles, including legal loopholes that allow landowners to avoid regulations, weak law enforcement, and lack of validity of land ownership data. In addition, limited coordination between institutions and low legal awareness in the community also hamper the effectiveness of this policy. To overcome these problems, solutions that can be applied include revising regulations to strengthen rules and sanctions, increasing supervision through digital systems, and optimizing coordination between local governments, BPN, and law enforcement. Education and outreach to the community also need to be improved so that understanding of this policy is broader. With these various strategic steps, the implementation of the Catur Tertib Pertanahan in Demak Regency can run more effectively in overcoming absentee land ownership, so that land distribution becomes fairer and its utilization is more optimal.Keywords: Absentee Land; Election; Land; Rights; Orderly Chess.
The Authority of the Ombudsman of the Republic of Indonesia in Supervising the Notary Supervisory Board and the Board of Trustees and Supervisors for Land Deed Making Officials (PPAT) Andrian, Aan
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 Ombudsman of the Republic of Indonesia is a state institution overseeing the implementation of public services. From the data from the Ombudsman RI report, there are a number of public reports regarding the services of the Notary Supervisory Council (MPN) and the PPAT Advisory & Supervisory Council (MPP PPAT). The purpose of this study is to find out and analyze the authority of the Indonesian Ombudsman in supervising the MPN and MPP PPAT in Kendari City, Southeast Sulawesi Province as well as the efforts made by the Ombudsman of the Republic of Indonesia in order to supervise and resolve allegations of maladministration committed by the MPN and MPP PPAT in Kendari City, Southeast Sulawesi Province. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. The data analysis method used is qualitative data analysis. The results of the study concluded that mutatis mutandis, the Ombudsman of the Republic of Indonesia through the Representative of the Ombudsman of the Republic of Indonesia in Southeast Sulawesi Province domiciled in Kendari City: 1) Has the authority to supervise the implementation of tasks and authorities carried out by the MPN and MPP PPAT because in their organizational structure they have elements from the government , the source of the budget comes from the State Budget (APBN) and organizes public services. in the field of public services in terms of receiving reports from the public and in the field of public administration in terms of issuing administrative decisions/decisions. 2) Oversight efforts of the Indonesian Ombudsman namely in terms of receiving, following up, and complete community reports regarding allegations of maladministration by MPN and MPP PPAT. The follow-up actions of the Ombudsman of the Republic of Indonesia include recording reports, formal and material verification of reports, requests for clarification, investigations, summons, mediation/conciliation and issuing the Final Examination Results Report (LAHP) as well as the last effort, namely Recommendations.Keywords: Ombudsman; Public; Service; Supervisory.
The Legal Protection for Officials Making Land Deeds for Making Deeds of Sale and Purchase of Land that Causes Disputes Alfian, Danang; 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 analyze: 1) Responsibilities of Land Deed Officials (PPAT) for making land sale and purchase deeds that cause disputes. 2) Legal protection for Land Deed Making Officials (PPAT) for making land sale and purchase deeds that give rise to disputes. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The responsibility of the Land Deed Making Officer (PPAT) in making land sale and purchase deeds that give rise to disputes is as a witness, 2) Legal protection for the Land Deed Making Officer (PPAT) for making land sale and purchase deeds that give rise to disputes is that the PPAT can ask IPPAT for legal protection/defense efforts. PPATs who are summoned as witnesses can ask for help from professional organizations of IPPAT to get assistance during examinations and even at the central level. The legal assistance provided by IPPAT applies to PPATs who are not proven guilty. Based on the theory of legal protection, the provisions regarding the legal protection of the Official for Making Land Deeds are not regulated normatively in the Position Regulations for the Official for Making Land Deeds. Repressive legal protection for PPATs related to making Deeds that give rise to disputes can be achieved by using the right of denial. Keywords: Disputes; Protection; Purchase; Sale.
The Legal Liability of a Notary Who Conducts Unfair Competition by Notary Partners Sukri, Sukri
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

Unfair competition between Notaries and colleagues, setting honorarium below the standard set by the Association is still common in Notary practice and this can trigger other Notaries to take similar actions in order to get as many clients as possible so that they get out of the corridor of the rule of law stipulated in the Law on Notary Positions and the Notary Code of Ethics. This study aims to determine the responsibility of a notary who commits unfair competition and the juridical implications of the actions of a notary who commits unfair competition. This research was conducted using a Juridical Sociological approach and an Explanatory Research specification. The data sources used are primary, secondary and tertiary data.Primary data collection was carried out using population techniques and sampling techniques. Data collection techniques using field research and library research. The data analysis method uses qualitative and descriptive data analysis. Research results show that: First, A notary who has committed unfair competition by not complying with the amount of honorarium determined by the association is a violation of the Notary's code of ethicsandcan be burdened with responsibility in the form of imposing ethical sanctions as determined and regulated in the regulations of the Indonesian Notary Association. Second, The juridical implications for a Notary who engages in unfair competition and withdraws honorarium below the minimum honorarium set by the Association, then the Notary can file a default lawsuit by the Association in this case by the Indonesian Notary Association by first giving a warning or subpoena to the Notary who has charge an honorarium below the minimum honorarium set by the Association.Keywords: Association; Honorarium; Responsibility.
The Effectiveness of Complete Systematic Land Registration (PTSL) in Preventing Land Disputes Augustine, Vieztanio Fynanda
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

This research aims to analyze: 1) The effectiveness of implementing Complete Systematic Land Registration (PTSL) in preventing land disputes. 2) Obstacles and solutions in the implementation of PTSL. The approach method used in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results concluded: 1). The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in preventing land disputes has been effective, although there are several obstacles in it. The effective implementation of the Complete Systematic Land Registration (PTSL) Program can be seen from the objectives to be achieved through the Complete Systematic Land Registration (PTSL) program. 2) Technical obstacles in implementing PTSL are the unavailability of parties from the relevant sub-districts, and in the field of measuring and mapping land plots which have not been thoroughly implemented. The solution is to carry out comprehensive measurements and mapping of land plots in the village/sub-district areas that have been designated as activity locations, both for registered land plots, improving the quality of registered land plots that have not been mapped, and unregistered land plots that carried out in a complete systematic manner grouped in one complete village/sub-district area.

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