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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 298 Documents
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Responsibilities of Land Deed Drafting Officials (PPAT) for Sale and Purchase Deeds Made Without Checking the Certificate at the Land Office Saputro, Ahmadianto; Ma'ruf, Umar
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 this research is to analyze the legal responsibilities of land deed making officials for sale and purchase deeds made in front of them without checking the certificate at the Semarang Regency Land Office, to analyze the legal consequences of the sale and purchase deeds made by land deed making officials without checking the certificate. This research is sociological juridical legal research, which is supported by empirical research with descriptive research type. The problem approach used is a qualitative approach. The data used is primary and secondary data consisting of primary legal materials, secondary legal materials. Data collection is through interview studies, observations and direct field observations. Data processing is carried out by examining data, selecting data, classifying data and systematizing data. Next, analyzed descriptively and analytically, the problem formulation in this research was analyzed using Legal Certainty Theory, Responsibility Theory, and Agreement Theory. The results of the research and discussion show that the responsibility of the Land Deed Making Official in the Sale and Purchase of land was not checked at the Semarang Regency Land Office resulting in legal defects in the formal and material requirements in the authentic deed which resulted in the deed being null and void. PPAT sanctions for deeds of sale and purchase that are not in accordance with the procedures for making PPAT deeds or are proven to have committed violations in carrying out their duties and positions so that the deeds they make contain legal defects and the consequences of the PPAT can be subject to sanctions in the form of Administrative Sanctions of the relevant PPAT can be subject to sanctions of dishonorable dismissal from his position, and Civil sanctions in which the deed he made is degraded to a private deed, as well as Criminal Sanctions which can be in the form of a criminal act of participating in falsifying a Deed.
Analysis of the Role and Responsibilities of Notaries in Storing Minutes of Deeds Febriani, Nisrina
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

Notaries have an obligation to store and maintain the minutes of the deeds they make, explained in Article 16 paragraph (1) letter b UUJN which states that Notaries have an obligation to make deeds in the form of minutes and also store them as Notary protocols. The purpose of this study is to find out, understand, study, and analyze the Notary's responsibility in his obligation to store deeds and the Legal Consequences of the Notary's responsibility in storing the minutes if there is negligence in storing them, such as damaged or lost deeds. The research method used in this study uses a normative legal approach method. The research specifications used are descriptive analytical. The types of data used consist of two data, namely primary data and secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials. The data collection method used is literature study and document study. This study uses a qualitative data analysis method. Based on the results of the study, it can be concluded that the Notary's responsibility in his obligation to store the minutes of the deed, the notary as a public official has an obligation in carrying out his position, one of which is to store the minutes of the deed. It is explained in Article 16 paragraph (1) letter b UUJN which states that notaries are required to make a deed in the form of minutes of the deed and store it as a notary protocol which is a follow-up to the provisions in Article 15 paragraph (1) UUJN. Then the legal consequences of the Notary's responsibility in storing the minutes if there is negligence in storing such as a damaged or lost deed, namely that administrative sanctions can be imposed. As stated in Article 16 paragraph (11) that the sanctions are in the form of: written warnings, temporary dismissal, honorable dismissal and dishonorable dismissal. In addition, there are not only administrative sanctions, but there are also civil sanctions and criminal sanctions.
The Role of a Notary in the Implementation of Credit Agreements and Settlement of Defaults with a Mortgage Right Guarantee Rahmatillah, Ananta Mega; Witasari, Aryani; Shallman, Shallman
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 role of notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021. and to analyze the obstacles faced by notaries in resolving defaults in credit agreements with collateral rights related to Supreme Court Decision Number 42 PK/TUN/2021 and their solutions. This study uses a normative juridical research approach. The specifications in this study are descriptive analysis. The theories used include the theory of authority and the theory of legal certainty. Based on the research, it is concluded that the role of notaries who also serve as Land Deed Officials (PPAT) in resolving defaults in credit agreements with collateral rights, as reflected in Supreme Court Decision Number 42 PK/TUN/2021. Notaries not only play a role in making authentic deeds such as sales and purchase deeds and deeds of granting mortgage rights, but also bear preventive legal responsibility to ensure that the collateral object is truly valid both formally and materially. Repressive aspects, Notaries play a role in providing information or becoming expert witnesses in court when the validity of authentic deeds they have made is questioned. Failure by notaries to implement the principle of prudence, such as not verifying land status, physical ownership, or potential disputes, can result in the issuance of legally flawed deeds and lead to the cancellation of mortgage rights and the loss of the bank's preferential rights as a creditor. (2) Internal obstacles include negligence on the part of banks that accept Land Ownership Certificates (SHM) without conducting due diligence, as well as weak integrity and professional ethics from notaries/PPATs who do not verify the validity of the collateral object thoroughly. External obstacles come from the BPN which is negligent in verifying the physical and legal status of the land before issuing SHM, as well as from customers who deliberately hide information about the status of disputes or unclear ownership history of the land used as collateral. Solutions include joint checks on the collateral object by banks, notaries/PPATs, and debtors; strengthening ethical guidance and supervision by professional organizations for notaries/PPATs; strict internal audits at the BPN before issuing certificates; as well as legal education to customers regarding the importance of transparency and validity of guarantee documents.
Juridical Analysis of the Use of Private Deeds as a Basis for Making Authentic Deeds by Notaries in the Conception of Legal Certainty Tobi, Andri
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 determine and analyze in a juridical way the use of private deed as the basis for making authentic deed by a Notary in the conception of legal certainty. This study uses a sociological juridical approach with descriptive analytical research specifications. The type of data used is primary data, namely the results of interviews and secondary data in the form of legislation, jurisprudence, court decisions that have permanent legal force, books, journals as well as expert opinions and other legal materials. Research data was collected through interviews and literature study. The data analysis method in this study uses qualitative data analysis methods. The research results show that: First, the use of an underhanded deed in making an authentic deed by a Notary is contrary to the elements of an authentic deed which require and determine that an authentic deed must be sufficient and perfect evidence regarding everything described in it which binds the parties and their heirs and those who obtain the rights thereof, as well as in the event that proving an authentic deed is sufficient evidence that does not require additional evidence, this is different from an private deed whose strength of proof depends on whether or not the deed under the hand is acknowledged by the maker, denial of the deed under the hand will place the burden of proof on the party using the deed under the hand. Second, from the aspect of authority,Keywords: Authentic; Construction; Private.
Analysis of Efforts to Settle Problem Financing in Murabahah Contract at Kospin Bulakamba Sharia Services Karwanto, Karwanto
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

This research is about "Analysis of Troubled Financing Settlement Efforts in Murabahah Contracts at the Bulakamba Sharia Service Kospin Brebes" with the problem of what are the procedures for solving problem financing in murabahah contracts at the Bulakamba Sharia Services Kospin Brebes? This research is a descriptive research with a sociological juridical approach. The types of data used are primary data and secondary data by collecting primary data through observation and interviews while collecting secondary data through literature studies and the theory used is the theory of legal certainty and the theory of legal protection. Keywords: Financing; Contract; Murabaha.
Implications of Force Majeure Conditions in the Power Purchase Agreement Carried out by PT PLN Persero in Connection with the Covid-19 Pandemic Nurwahyudin, Dindin Syarief; Gunarto, Gunarto
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

Provisions for the establishment of a national disaster due to Covid-19 require residents to limit business activities and daily activities. Communities are required to carry out independent isolation and keep their distance to prevent the transmission of Covid-19. These activity restrictions are referred to as Large-Scale Social Restrictions (PSBB). This situation creates difficult economic conditions for PT PLN Persero as a state company so that it can cause PT PLN Persero to be unable to fulfill its rights and obligations regarding the electricity purchase agreement entered into between PT PLN Persero and private companies. The type of research used is sociological juridical research. The methodology used in this research is descriptive analytical method with an interdisciplinary approach. The results of the study show that difficult conditions due to Covid-19 can be categorized as a Force Majeure situation as stated in the electricity sale and purchase agreement between PT PLN Persero and a private company. Force Majeure or Force Majeure Conditions are interpreted in several articles in the Civil Code, where the concept of force majeure, Force Majeure KAHAR or Force Majeure (in this case called the Force Majeure Condition) is found in several articles, namely Article 1244 of the Civil Code.Keywords: Agreement; Buy; Covid-19; Electricity; Sell.
The Role of the Land Office in Supervising the Making of Land Deeds by Officials Making Temporary Land Deeds in Banyumas Regency Yulianto, Annisa Rahmalia
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

Banyumas Regency has 134 active Land Deed Officials, but due to the large area and many remote areas, the sub-district head is mandated by law as a substitute for the PPAT and is spread across 27 sub-districts in Banyumas Regency. BPN in this case also plays a role in supervision related to the PPATS carried out by the sub-district heads as general officials. The purpose of this study is to analyze the role of the National Land Agency in supervising the making of land deeds by Temporary Land Deed Officials in Banyumas Regency and to analyze what obstacles hinder supervision and provide solutions to the making of land deeds by Temporary Land Deed Officials in Banyumas Regency. The approach method in this study is sociological juridical. The data used are primary and secondary data obtained through interviews and literature studies, data analysis is carried out descriptively analytically, and the theory used is the theory of legal certainty and legal protection. The results of the study and the conclusions that can be obtained are: 1. The National Land Agency (BPN) has the authority to carry out guidance and supervision. The basis of the supervisory authority in general for the land environment refers to the duties and functions of the National Land Agency (BPN), while the basis of the supervisory authority is more related to the supervision of Land Deed Officials (PPAT) and Temporary Land Deed Officials (PPATS). This is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 2 of 2018 concerning the Guidance and Supervision of Land Deed Officials. 2. The Banyumas Regency Land Office revealed that there were violations of regulations committed by a number of Temporary Land Deed Officials PPATS. These violations include late monthly reporting, inaccurate deed contents, and the use of inappropriate PPATS letterheads. The impact of these violations can create land disputes, hinder the process of achieving legal certainty, and harm the community. To overcome this problem, the Head of the Regional Land Office provides guidance and supervision of PPATs in administration and services to the community.Keywords: Authority; Land; Transfer.
Responsibilities of a Notary in Making a Will for the Gift of Body Organs Made in His Presence Susilawati, Susilawati
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

This research aims to find out and analyze the procedures or procedures for making a will for the gift of bodily organs, to find out and analyze the Notary's responsibility for making a will for the gift of bodily organs made in front of him. Method The approach to the problem used in this research is the Normative juridical approach. The research specifications used in this research are analytical descriptive. The type of research used in this research is normative juridical research using secondary data consisting of primary legal materials which include: Law no. 2 of 2014, Civil Code Law, Law Number 36 of 2009 concerning Health, Compilation of Islamic Law; Secondary legal materials include literature, scientific journals and other supporting documents. Collecting research data using interview techniques and studying library materials. The data analysis method used in this research is qualitative data analysis. The research results show that the procedures or procedures for making a will for the gift of organs have not been explicitly regulated in statutory regulations. In terms of making it, it still refers to Article 1320 of the Civil Code, which states that a will to provide organs can be implemented as long as it complies with the terms of the validity of the agreement. Because there are no specific rules that regulate it, the procedures or procedures will be the same as making a will in general, only the difference in this case is that all the heirs will be present as approving parties and as executors if the person who gave the will has died. In carrying out his office, a Notary must have sufficient legal skills based on a sense of responsibility for respecting the nobility, dignity of his position, values and ethics as stated in the Law on the Position of Notaries which is a guideline for Notaries in carrying out their office.
Notary Compliance with Money Laundering Crime Rules in Business Transactions Yanti, Fitra Gusma
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notary Compliance with Money Laundering (TPPU) is a transnational crime that threatens the stability of the global financial system. Notaries, as Public Officials authorized to make authentic deeds, have a strategic role in helping to prevent Money Laundering. This study aims to analyze the obligation of notary compliance with the rules of money laundering in suspicious business transactions and the reporting process. The approach to this research uses the normative juridical approach method and descriptive analysis research specifications. The data used are secondary data with data collection methods using literature studies. Secondary data used in this study include primary legal materials, secondary legal materials, and tertiary legal materials. Primary legal materials consist of laws and regulations related to the research being carried out. Secondary legal materials consist of books, journals. While tertiary legal materials are encyclopedias, magazines, newspapers, articles. The results of the study and discussion show that the obligation of notary compliance with Money Laundering Crimes (TPPU) in business transactions, the first is that notaries are required to report suspicious business transactions because it can make it easier for PPATK to prevent and eradicate money laundering by utilizing several roles of Notaries as Public Officials and Professionals who are interrelated in digging up data on Service Users. And the second is the process of reporting suspicious financial transactions by Notaries with several steps. First, Notaries appoint reporting officers who are responsible for monitoring and identifying suspicious transactions. Second, Notaries must register through the GoAML application. Third, Notaries are required to report suspicious transactions to PPATKap Money Laundering Crime Rules in Business Transactions
Implementation of The Position and Responsibilities of Notaries as Public Officials in Carrying Out Their Position So That They Participate in Committing Criminals in Cirebon Regency Kartikasari, Ice; Wahyuningsih, Sri Endah
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
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 position of Notaries as Public Officials in Carrying Out Their Positions So That They Participate in Carrying Out Criminal Acts in Cirebon Regency and to determine and analyze the Principles of Legal Protection for Notaries as Public Officials in Carrying Out Their Positions So That They Participate in Carrying Out Criminal Acts in Cirebon Regency. The approach method in this study is the sociological legal approach method. The results of the research and discussion in this study are: The Position of Notaries as Public Officials in Carrying Out Their Positions So That They Participate in Carrying Out Criminal Acts in Cirebon Regency in this case is categorized as a party who participated in carrying out criminal acts because Notary S, S.H., M.Kn made a Sale and Purchase Agreement No. 598 dated December 21, 2017 for a plot of land in the Certificate of Ownership No. 1088 covering an area of 4,080 m2, which then caused a dispute and it was suspected that the Notary had colluded as a result of the Notary being dragged into a lawsuit over the deed he made, even in this case, such as the notary Faridah and the defendant Ina Rosaina in Jakarta, they were even sentenced to 2 years in prison with a fine of 1,000,000,000 (one billion) with the alleged criminal act regulated in Article 264 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1) ke-1 of the Criminal Code, Article 3 of the Republic of Indonesia Law Number 8 of 2010 concerning the Crime of Money Laundering in conjunction with Article 55 paragraph (1) 1 ke-1 in conjunction with Article 56 paragraph (1) of the Criminal Code. Therefore, Notaries in carrying out their duties serving the legal acts of the community contain moral idealism which is reflected in the Code of Ethics and UUJN and the Principle of Legal Protection for Notaries as Public Officials in Carrying Out Their Positions So That They Participate in Carrying Out Criminal Acts in Cirebon Regency reflecting the principle of Legal Protection for (Positions) of Notaries in carrying out their duties as Public Officials which are regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN. The principle of legal protection for notaries as public officials in carrying out their positions aims to provide security guarantees and legal certainty for notaries in carrying out their duties, including in the Cirebon Regency area.

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