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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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Legal Certainty Aspects of the Implementation of Electronic Integrated Mortgage Rights Services at the National Land Agency of Majalengka District Setiawan Budiman, Puja; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 4 (2025): October 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 implementation of electronically integrated mortgage services at the National Land Agency of Majalengka Regency and analyze the implementation of legal certainty against obstacles in the implementation of mortgage services at the National Land Agency of Majalengka Regency. The approach method in this study is a sociological juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The data analysis method used is the theory of legal effectiveness according to Soerjono Soekanto and the theory of legal certainty according to Gustav Radbruch.          The results of the research and discussion in this study are: 1) The implementation of electronically integrated Mortgage Rights services at the National Land Agency of Majalengka Regency is a strategic aspect in order to increase efficiency, transparency and accountability of land services in accordance with the mandate of Law Number 4 of 1996 concerning mortgage rights on land Jo. Government Regulation Number 24 of 1997 concerning Land Registration, Jo. Regulation of the Head of the National Land Agency Number 1 of 2020 concerning the implementation of electronic mortgage rights services, the effectiveness of electronic mortgage rights registration is a key aspect in accelerating registration, submission and ratification of Mortgage Rights appropriately and transparently, minimizing manual interventions that cause deviations or corrupt practices and providing easy access to services to the public and business actors without having to be physically present at the land office. This is in line with the provisions of Law Number 25 of 2009 concerning Public Services which emphasizes the importance of fast, accurate, transparent and accountable services as part of good governance. 2) The implementation of Electronic Mortgage Rights (HT-el) in Majalengka Regency still faces various complex problems, especially the inconsistency between the Regulation of the Minister of ATR/BPN No. 9 of 2019 and Law No. 4 of 1996 concerning Mortgage Rights which gives rise to dualism of regulations and legal uncertainty, especially in terms of the form and validity of documents. In addition, the evidentiary power of electronic documents in the HT-el system is still questionable in the event of a dispute, especially if it is not equipped with an adequate security and authentication system. The obligation of Land Deed Officials (PPAT) to make a statement of document validity has also been highlighted because it is considered to burden legal responsibilities unilaterally. Another problem is the low readiness of facilities, infrastructure and human resources both at the Majalengka Regency Land Office and external users such as PPAT and banks which hinders the optimization of the implementation of HT-el as a whole in the Majalengka Regency area.
Legal Implications of the Determination of Roya Which is Not Accompanied by a Certificate of Full Payment (Study of Decision Number 594/Pdt.P/2023/Pn. Jkt Tim) Sinaga, Hasudungan; Tri Bawono, Bambang
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A mortgage is a security right over land or buildings granted to a creditor as collateral for a debt owed by the debtor. In practice, the elimination of mortgage rights is a frequently encountered problem. One way to eliminate mortgage rights is through the roya process, a request for a roya determination due to the creditor's inability to provide a certificate of settlement, which is one of the main obstacles in the process of releasing mortgage rights over collateral objects. The expected objectives of this study are to determine and analyze the procedures for implementing a roya determination for the elimination of mortgage rights, as well as to determine and analyze the legal implications of a roya determination without a Certificate of Settlement. This study is expected to provide a clearer picture of the obstacles, both from a legal and administrative perspective, that may exist. In addition, it is also expected to contribute to the development of mortgage law in Indonesia in general. The research method used is Normative Juridical with a case analysis approach as one of its instruments and a normative approach method that focuses on normative legal analysis. It was found that the Court's decision ordering the National Land Agency to remove roya was to ensure the restoration of the Debtor's rights to the collateral submitted to the Creditor, the obstacles faced by the Debtor in the process, and provided recommendations to improve the effectiveness of the implementation of the court's authority to ensure legal certainty for Debtors who had paid off their debts. The results of the study indicate that although the court has the authority to handle roya applications, delays in the legal process and administrative obstacles at the National Land Agency often slow down the provision of legal certainty needed by Debtors.
Legal Protection for Users of Land Deed Official (PPAT) Services Regarding Electronic Certificate Checks that Error in the Application Febita Annisa, Shoffyah; Widayati, Widayati
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the form of legal protection for the public if an error occurs in checking electronic certificates, as well as to examine the responsibility of PPAT in providing legal certainty. The research method used is normative legal research with a statute approach and a conceptual approach. Data sources were obtained through a literature review covering legislation, agrarian law literature, and legal doctrines related to legal protection and the authority of PPATs. The research results show that errors in checking electronic certificates can hinder the deed creation process and cause losses to the parties. In this case, legal protection can be provided in the form of preventive protection, namely through improving regulations and issuing technical instructions by the Ministry of ATR/BPN, as well as repressive protection through civil lawsuit mechanisms and administrative complaints against negligent PPAT. PPAT is obliged to act carefully, cautiously, and prioritize the principle of legal certainty in every deed creation. Therefore, the electronic land registration system requires comprehensive regulatory support, strict supervision, and increased PPAT competence to ensure legal protection for service users is truly guaranteed.
Accountability and Legal Protection Against Notaries for Legally Defective Deeds (Study of Decision Number 65/Pdt.G/2020/PN Kdi) Mentari Utami, Amelia; Rodhiyah Dwi Istinah, Siti
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the responsibilities and legal protection of notaries as public officials against defective deeds according to the Notary Law (UUJN). Notaries have a strategic role as public officials who are authorized by the state to make authentic deeds that have perfect evidentiary power. However, in practice it is not uncommon to find deeds that are defective both formally and materially, resulting in legal consequences, both for the parties and for the notary himself. The purpose of this study is to analyze the form of notary responsibility for defective deeds and the form of legal protection provided to notaries according to the provisions of the UUJN. This study employs a normative juridical legal research method with a statute approach and a conceptual approach. This study employs the Theory of Legal Certainty, the Theory of Legal Responsibility, and the Theory of Legal Protection as analytical tools. Data were obtained from primary legal materials in the form of laws and regulations and secondary legal materials in the form of literature, books, and legal journals. The research results show that a notary's liability for legally flawed deeds can take the form of civil and administrative liability, depending on the level of error and the consequences. On the other hand, legal protection for notaries is regulated in the UUJN, specifically through the Notary Honorary Council (MKN) mechanism as stipulated in Article 66 of the UUJN, which functions as a form of preventive and repressive protection for notaries in carrying out their duties. A balance between responsibility and legal protection is necessary to ensure legal certainty and maintain the integrity of the notary profession in Indonesia.
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights Rizal Satria Linanda, Ivan; Arifullah, Achmad
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Legal Consequences of Sale and Purchase Deeds Made by Unregistered Land Deed (PPAT) Officers at the Land Office Badriyah, Lailatul
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The transfer of land rights must be proven by an authentic deed made by a PPAT as a guarantee of legal certainty, as stipulated in Article 40 paragraph (1) of PP 24/1997 which requires PPATs to submit sales and purchase deeds along with supporting documents to the Land Office no later than seven working days after signing. However, in practice, PPAT negligence still occurs, so this normative legal research, using a statutory and theoretical approach and using secondary data from primary, secondary, and tertiary legal materials, analyzes the status of PPAT deeds and the legal consequences of delays in registration. The results of the study indicate that PPAT deeds still have strong legitimacy and qualify as authentic deeds with perfect evidentiary power, although the regulatory norms need to be strengthened to be equal to other authentic deeds. Sales and Purchase Deeds are valid as evidence of transfer of rights, but obtain full legal force after registration; so that delays in submitting the deed can reduce legal protection for buyers, although buyers can still take civil suits to obtain an inkracht decision as a basis for registration and legal certainty.
Notary's Responsibility for The Inheritance Deed Regarding Legal Risks for The Heirs Wicakosono, Katon
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the notary's responsibility for inheritance certificates regarding legal risks for heirs. Inheritance issues are one of the issues that often cause disputes. Inheritance is closely related to property. Conflicts about inheritance generally revolve around two things: who is the heir and how much each heir's share is. A notary is a public official who is solely authorized to make authentic deeds. One of the deeds made by a notary is an Inheritance Certificate. The objectives of this study are to analyze: 1) The notary's responsibility for the inheritance certificate he/she makes. 2) The legal provisions in making inheritance certificates to avoid legal risks for heirs. This research method is normative juridical research with a statute approach. The type of research is normative. The data sources in this study are secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In this study, data collection was carried out through a literature study and then analyzed using legal prescriptive methods. The results of this study indicate that the notary's responsibility for the deed of inheritance statement he made has a big influence on the heirs, because if the making is not in accordance with the applicable provisions, it will cause disputes. In making a deed of inheritance statement, the notary must be careful in making the deed of inheritance because it can cause undesirable things and legal provisions in making a deed of inheritance statement to avoid legal risks for the heirs. In making a deed of inheritance statement, the community must pay attention to the legal provisions or conditions that must be met, so that the heirs avoid legal risks and the notary avoids legal risks, the notary before making a Certificate of Inheritance, the notary needs to carry out formalities such as viewing and examining documents related to the Inheritance and on the basis of these documents a Deed of Declaration of Heir is made.
Analysis of the Accountability of Land Deed Officials for the Transfer of State Land (Court Decision Number 33/Pdt.G/2019/Pn.Cbi) Firmansyah Iswara, Alfido; Fajar Riyanto, Taufan
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Protection of land based on the 1945 Constitution of the Republic of Indonesia (UUD 1945) can be found in several articles that emphasize the principle of state control over natural resources including land, as well as the state's obligation to regulate, manage and protect it for the prosperity of the people.The aim of this research is Uto find out and analyze PPAT's responsibilities in making deeds of transfer of state land and completing the transfer of rights to state land. The type of research used by the researcher is legal sociology. Legal sociology is a type of legal research known as field research, which relates to legal provisions and the realities of society.Descriptive-qualitative research. Descriptive-qualitative research is research that explains, records, analyzes, and interprets the object being studied based on observations, interviews, and documentation. The analysisThe qualitative method used is a way of interpreting and discussing research results based on interviews with informants, understanding of law, legal norms, legal theories and doctrines related to the main problem. The research results obtained were:The case of the transfer of Building Use Rights (HGB) involving PPAT in the case of PT Sentul City Tbk illustrates a form of negligence in the implementation of administrative authority and legal responsibility of PPAT as regulated in PP No. 24 of 1997 concerning Land Registration and Regulations on the Position of PPAT (Regulation of the Head of BPN No. 1 of 2006 in conjunction with No. 8 of 2012). The PPAT is considered to have violated the due care principle because it made a deed of transfer of land rights without ensuring the validity of the land status which is still legally problematic or overlaps with the rights of other parties. The case of the transfer of Building Use Rights (HGB) involving the PPAT in the case of PT Sentul City Tbk shows that the implementation of the PPAT's duties has a crucial role in realizing legal certainty in the land sector, resulting in the registration process and issuance of new certificates at the National Land Agency (BPN) being administratively flawed and creating legal uncertainty for the interested parties.
Legal Power of Buying and Selling Land on the Basis of Power of Sale Under Hand Minarsih, Minarsih; Arifulloh, Achmad
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
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 the legal force of sales and purchases carried out based on a power of attorney to sell underhand and to examine the judge's legal reasoning in deciding case Number 50/PDT.G/2023/PN Pekalongan. The problem arises because the practice of sales and purchases with a power of attorney to sell underhand is still widely carried out by the public, even though according to Indonesian positive law, the transfer of land rights must be carried out with an authentic deed by a Land Deed Making Officer (PPAT) as regulated in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. This research uses a normative legal research method with a statutory, conceptual and case study approach to the court decision. The results of the study indicate that a sale and purchase based on a power of attorney to sell underhand has limited legal force, because it is valid in civil law as long as it meets the requirements of Article 1320 of the Civil Code, but cannot give rise to material legal consequences in the form of transfer of land ownership rights. The agreement is obligatory (binding the parties), but not yet translatable (transferring rights). A private deed only has evidentiary force as long as it is acknowledged by the signing party and cannot be used as a basis for registering land rights at the land office. Based on an analysis of the judge's considerations, it was found that the legal reasoning used in the Pekalongan District Court decision did not fully reflect the ideal legal rationality as stated by Philipus M. Hadjon. The judge attempted to balance justice and legal certainty, but his legal considerations showed inconsistencies between civil norms and land administration norms. The judge emphasized casuistic justice more than formal legal certainty, so that the decision was substantively fair to the parties, but normatively had the potential to create legal uncertainty in the future. Thus, this study emphasizes the importance of the role of authentic deeds as an instrument of legal protection in land sale and purchase transactions, as well as the need for consistency in the judge's legal reasoning to align with the principles of legal certainty, justice, and benefit.
Legal Protection of Notaries in Executing Their Office in The Digital Era Nur Kusumah, Rizqa; Hanim, Lathifah
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.

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