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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 277 Documents
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PPAT'S Responsibilities in Preparing a Deed of Mortgage Rights that is Cancelled by a Court Decision (Study Decision No. 136/Pdt.G/2019 PN Ckr) Noviana Putri, Della; Wahyudi, Trubus
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

Land Deed Officials, as public officials, are authorized to issue authentic deeds related to legal acts on land, including APHTs, which are crucial for granting mortgages to secure loans. However, courts often revoke APHTs, as in decision 136/Pdt.G/2019/PN Ckr, due to negligence on the part of Land Deed Officials (PPATs) in examining land documents or status, leading to legal uncertainty and losses for creditors. Therefore, a review of the authority and responsibilities of PPATs in issuing APHTs that have been revoked by the court is necessary to strengthen legal certainty and protection for the parties. This research uses a normative (doctrinal) legal method that focuses on the study of written or secondary legal materials. The approaches employed include a statutory approach to analyze applicable legal provisions, a conceptual approach to understand legal doctrine and principles, and a case approach to examine court decisions regarding the annulment of APHTs to examine the judge's considerations and their legal implications. The research results show that the Land Deed Making Officer (PPAT) is a public official authorized to make authentic deeds, including the Deed of Granting Mortgage Rights (APHT), to ensure legal certainty for creditors and debtors. In making APHT, PPAT is obliged to check the validity of the certificate, ensure the identity of the parties, the value of the mortgage, and the object of the mortgage right according to legal requirements, maintain independence and professionalism, make a valid authentic deed, and register the deed on time with the land office. By working carefully and meticulously, PPAT prevents legal defects, disputes, and the risk of administrative, civil, and criminal liability, so that APHT can be valid and provide legal protection for all parties.
Legal Position of the Insurance Party in the Execution of Lienage Rights with Subrogation Rights Rosah Bustami, Rendy
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 analyzeThe legal position of the insurance party in terms of submitting the execution of mortgage rights which originally held the mortgage rights as a bank as a creditor and the execution of the mortgage rights carried out by the insurance party using the right of subrogation and to analyze the example of the Deed of Granting of Mortgage Rights. This study uses a sociological juridical approach method that uses secondary data as the initial data then continued with primary data in the field or in the community. The research specifications used in this study are descriptive analysis. Based on the research that has been done, it can be concluded that the insurance party has the same legal standing as the bank as a creditor of the Mortgage Right holder so that the execution of the Mortgage Right can be carried out directly by the insurance party with the right of subrogation. In addition, if the insurance party will execute the mortgage rights with the right of subrogation, it can first submit a change in the name of the Mortgage Right holder to the National Land Agency.
Implementation of Supervision of Notaries Who Violate the Notaries Code of Ethics in the Form of Promoting Positions Through Electronic Media in Tegal Regency Asriningrum, Tri Wulan Dhari; Ma'ruf, Umar
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

As public officials, notaries hold a distinguished position (officium nobile) and are therefore obligated to uphold the integrity and dignity of their profession. However, developments in information technology and social media have given rise to self-promotion practices that violate the Notary Code of Ethics. This study aims to analyze the implementation of supervision of notaries who violate the code of ethics by promoting their positions through electronic media in Tegal Regency. The research method used is a sociological juridical approach with data collection techniques through interviews with the Regional Notary Supervisory Board of Tegal Regency and literature studies. The research results indicate that supervision is carried out through a mechanism of examining public reports, clarifying the situation with the notary concerned, and imposing sanctions ranging from written warnings to temporary dismissal from professional organizations. Obstacles faced include a lack of awareness among notaries regarding the ethical boundaries of electronic media use and weak preventive oversight. Supervision of notaries who violate the code of ethics through electronic media in Tegal Regency has been ongoing, but is not yet optimal. Increased dissemination of the code of ethics, strengthening the role of the Notary Honorary Council, and stricter regulations regarding notaries' use of social media are needed.
Optimization of the Implementation of Notary Responsibilities in Providing Social Services to Underprivate Communities in Kendal Regency Tria Agustina, Histy; Sri Darmadi, Nanang
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 optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.
The Role of the Wakaf Deed Issuer Official (PPAIW) in the Process of Issuing Wakaf Land Asset Certificates in the KUA of Japah District, Blora Regency Ulfah, Ummi
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 determine the authority of PPAIW in issuing waqf certificates, obstacles that affect the authority of PPAIW and the solutions provided in issuing waqf certificates at the KUA of Japah District. The approach used is to determine and analyze the role of the Waqf Pledge Deed Making Officer (PPAIW) in the process of issuing waqf land asset certificates, both in terms of legal norms and their implementation in the field. The results of the study The role of PPAIW is the role of verifier, facilitator, educator, and mediator. The implementation of the PAIW role as a verifier, where the waqf administration requirements are in accordance with regulations. The implementation of the PAIW role as a facilitator in the implementation of the waqf pledge, as for the role of facilitator in the registration of waqf land has not been running well. The role as an educator has also not been implemented well by PAIW. Guidance and monitoring of nazir have also not been implemented. Likewise, the implementation of the role of the head of KUA as a mediator has not been implemented well. The obstacles encountered were the lack of PPAIW resources in the field of endowment law because all PPAIW in Japah District had never attended special PPAIW education and training. The lack of facilities and infrastructure to support the duties and functions of PPAIW, and the lack of public awareness and understanding regarding endowment law, resulting in the public having little concern in monitoring the performance of PPAIW and the performance of nazir.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery Sofyan, Yusuf Sahroni; 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 analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
Responsibility of Land Deed Officials for Sale and Purchase Deeds Without Certificate Checking at the National Land Agency Tegal City Ratri Marsetyaningrum, Imas
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 responsibility of land deed making officials in making sales deeds without checking the certificate at the National Land Agency of Tegal City and to determine and analyze the legal consequences of making sales deeds without checking the certificate at the National Land Agency of Tegal City. The approach method in this study is an empirical juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The Theory of Legal Responsibility According to Abdulkadir Muhammad and Theory of Legal Certainty according to Gustav Radbruch. The results of the research and discussion in this study are: 1) The Responsibility of the Land Deed Making Official in making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency as happened in Tegal City and Depok City is a form of PPAT responsibility due to unlawful acts committed due to negligence (negligence tort lilability), based on the concept of fault related to morals and law, this clearly deviates from legal protection for the parties (seller and buyer), so that the PPAT is charged with a form of civil liability due to negligence of objective requirements. This is to maintain important aspects of protection of land objects, important aspects of the parties, aspects of legal certainty of the Sale and Purchase Deed and aspects of legal protection for the PPAT. 2) The Legal Consequences of Making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency of Tegal City deviate from the objective requirements aspect where the problem does not arise from the error or negligence of the PPAT but arises due to the client's dishonesty regarding the accuracy of the administrative requirements as the basis for making the deed which can result in the deed being null and void by law (nietigheid van rechtswege). However, in this case, the error arises from the parties, so it is important for a PPAT to implement the principle of caution in recognizing the parties, this is a form of PPAT anticipation of legal actions in the future and the absence of disputes for the parties and the legal consequences for PPAT receiving the first written warning from the Tegal City Land Office as a violation of administrative responsibility and a form of care for caution as stated in Article 3 letter F of the Code of Ethics of the Association of Land Deed Making Officials No: 112 / KEP-4.1 / IV / 2017 that in carrying out his position PPAT is obliged to work with a full sense of responsibility, independently, honestly, and impartially. PPAT as a public official is not only responsible for the administrative formality aspects but is also required to ensure that the deed made does not contain elements of coercion, fraud or imbalance that violates the principle of justice.

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