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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 298 Documents
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The Role of Notaries in Preventing Money Laundering Crimes Through the Obligation to Report Suspicious Financial Transactions Hidayat, Taufik; Winjaya Laksana, Andri
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries hold a strategic position as public officials directly involved in the preparation of legal deeds of high economic value, thus potentially being misused as a means of money laundering. In line with the development of the Anti-Money Laundering and Prevention of Terrorism Financing (APU-PPT) regime, notaries are normatively designated as reporting parties based on Law Number 8 of 2010 concerning Money Laundering. However, in practice, the implementation of this reporting obligation still faces various normative, technical, and ethical challenges, particularly related to conflicts between the reporting obligation and the principle of confidentiality of notary positions as specified in the Notary Law. The purpose of this study is to analyze the basis and urgency of notary involvement in preventing money laundering, identify factors influencing the implementation of a notary's role as a reporting party, and formulate an ideal legal framework to ensure legal certainty for notaries. The research method used is normative legal research with a statutory and conceptual approach, through an analysis of relevant laws and regulations, legal doctrine, and scientific literature. The results indicate that notaries play a highly strategic role in preventing money laundering, acting as gatekeepers, ensuring that legal acts outlined in authentic deeds are truly based on legitimate, transparent, and legally accountable transactions.
The Enforcement of Criminal Law Against Transfer of Fiduciary Guarantee Objects based on Justice Values Munandar, Aris; Arifulloh, Achmad
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Everyone has the right to recognition, guarantee, protection and legal certainty that is fair and treated equally before the law. Law No. 42 of 1999 concerning Fiduciary Guarantees has regulated criminal sanctions and fines, but in practice there are several problems regarding law enforcement, including police investigators being unable to charge third parties who have received pledges from fiduciary recipients. Keywords: Land, Ownership Certificate, Overlapping. The purpose of this study is to provide suggestions and recommendations regarding criminal law enforcement regarding the transfer of fiduciary guarantee objects based on the value of justice. This study usessocio-legal approachas well as the legislative approach and case approach. The results of this study are law enforcement according to current regulations that the regulation of criminal sanctions against the transfer of fiduciary collateral objects as regulated in Article 36 of Law No. 42 of 1999 does not reflect the value of justice, because criminal sanctions are only imposed on debtors, while parties who enjoy the benefits of the transfer cannot be held criminally responsible. In addition, there are weaknesses in the legal substance aspect in the form of a vacuum in regulations regarding the reception of fiduciary objects, from the legal structure aspect in the form of a lack of selectivity of financing institutions and weak synergy of law enforcement officers, as well as from the legal culture aspect in the form of low public legal awareness and economic pressure.
Responsibilities of Prospective Notaries Undergoing Internships Regarding the Confidentiality of Notarial Deeds Biduri, Pungki; Fajar Riyanto, Taufan
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Confidentiality of notarial deeds is a fundamental principle of notarial law that serves to guarantee legal certainty, protection of the rights of the parties, and public trust in the notary's position as a public official. Prospective notaries who are undergoing internships have direct access to minutes of deeds and confidential legal data, thus giving rise to legal liability consequences even though they do not yet have the status of a notary. This study aims to analyze the construction of legal liability of prospective notary interns regarding the obligation to maintain the confidentiality of notarial deeds and examine the forms of supervision and legal sanctions for violations of this obligation. The research method uses normative legal research through a statutory and conceptual approach, with data collection techniques in the form of literature studies on laws and regulations, doctrines, and theories of legal liability and legal protection theories. The results of the study indicate that the obligation to maintain the confidentiality of notarial deeds is also inherent in prospective notary interns due to their access and active involvement in notarial activities. The legal liability of prospective notary interns is multidimensional, encompassing criminal, civil, as well as ethical and administrative liability. Supervision of prospective notary interns is carried out through internal mechanisms by supervising notaries and external mechanisms by professional organizations and state institutions, with sanctions that function as preventative and repressive measures to protect the interests of the parties and maintain the dignity of the notary profession. This study emphasizes the urgency of strengthening legal regulations regarding the position and responsibilities of prospective notary interns as an integral part of the national notary legal system.
The Role of Auction Officials in Executing Intellectual Property Fiduciary Guarantees as Bank Credit Collateral Rohman, Idris; Hafidz, Jawade
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine the practice of notaries in Indonesia, namely the placement of the facer's fingerprints as authentic and vital evidence in various transactions, requiring adaptation to face the challenges of forgery and maintain validity. The placement of the facer's fingerprints emerged as a solution to increase security and legal certainty, using a normative juridical approach with a statutory approach method. Then, data was collected from primary legal materials (the Notary Law and related regulations), secondary (legal literature and journals), and tertiary (legal dictionaries and encyclopedias). Data collection methods included library studies, field observations, and interviews with competent sources. Data analysis used a qualitative descriptive-analytical method with a deductive-inductive thinking framework. The results show that the Notary Law requires the placement of fingerprints to increase the validity of deeds. Fingerprints, as unique biometrics, provide stronger legal certainty. However, its implementation faces technical challenges (system accuracy, infrastructure), legal (incomplete regulations, personal data protection), and social (public trust, digital literacy) challenges. Comprehensive and integrated regulations, which take into account technical, legal, and social aspects, are crucial to ensure the effectiveness, security, and fairness of the implementation of fingerprinting in the preparation of notarial deeds.
Notary's Responsibility for the Deed of Power of Attorney in Original if the Applicant Provides False Information Ananta Prakarsa, Tegar; Sri Darmadi, Nanang
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries are required to keep minutes of the deed, however, in Article 16 paragraph (2) of the UUJN, this obligation is excluded if the Notary issues a deed of power of attorney in originali. The purpose of this study is to determine: 1) The Notary's responsibility if the person appearing provides false information in making a deed of power of attorney in originali. 2) Legal protection for the Notary if the person appearing provides false information in making a deed of power of attorney in originali. This type of research is normative legal research. Using the statute approach method. The type of data used is secondary data derived from primary, secondary, and tertiary legal materials and also uses primary data as complementary data to support this research. The data collection method uses literature studies. The analysis in this research uses qualitative analysis. The results of the study concluded: 1) The Notary is only responsible for the certainty of the date, that it is true that on the date, day, month and year as stated in the original power of attorney, it is true that the person appearing before the Notary to make the original power of attorney and regarding the validity of the signature in the original power of attorney, the Notary is not responsible for the contents of the original power of attorney made by or in his presence, the contents of the original power of attorney are entirely the responsibility of the person appearing, because the original power of attorney is made based on the wishes or desires of the person appearing. 2) If a Notary is summoned by an investigator in relation to an original power of attorney deed made before him, the Notary Honorary Council, which then forms an Examining Council, will summon and examine the Notary first and if the Honorary Council gives approval to the Notary to comply with the investigator's summons to be asked for information regarding an original power of attorney deed made by or before him, then the Notary can request assistance from the Notary Honorary Council, this is done to protect the Notary and maintain the dignity and honor of the Notary's position.
Legal Review of Violations of the Code of Ethics by Notaries in the Preparation of Share Sale and Purchase Deeds (Study of Supreme Court Decision Number 15k/Pid/2020) Fitria Almaida, Ade
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A notary is a public official authorized to make authentic deeds as evidence with perfect evidentiary force and is required to carry out his/her duties professionally, with integrity, and in compliance with the code of ethics. However, in practice, violations of the code of ethics still occur, resulting in criminal acts, as stipulated in Supreme Court Decision Number 15K/Pid/2020. Therefore, this study analyzes the legal responsibility of notaries and the legal consequences of authentic deeds made. This study uses a normative juridical method with a statutory and case approach, based on secondary data analyzed prescriptively to assess the suitability of the application of the law with legal norms and principles. The results of the study indicate that notaries can be held accountable for ethical, administrative, civil, and criminal matters, and authentic deeds containing false information can lose their evidentiary force, so supervision and preventive-repressive efforts are needed.
Legal Force of Auction Minutes Using Deed of Command Against Credit Guarantees at PT BPR LSE Manggala Batam Which Is Controlled by a Third Party Angraini, Rina; Shallman, Shallman
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
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 force of auction minutes using a deed of command against credit guarantees at PT BPR LSE Manggala Batam which are controlled by third parties and to determine and analyzeThe obstacles and constraints faced by PT BPR LSE Manggala in implementing auctions using deed of command against credit collateral controlled by third parties and to find out examples of deed of command. The research method used in this thesis is an empirical approach method. The specifications of this research use descriptive. The type of data used in this study is primary data which includes Law Number 5 of 1960, Law Number 4 of 1996, Law Number 10 of 1998, Law Number 2 of 2014, Civil Code, Regulation of the Minister of Finance of the Republic of Indonesia Number 122 of 2023, Regulation of the Minister of Finance of the Republic of Indonesia Number 86 of 2024 and related regulations regarding auctions and banking collateral.and secondary data consisting of books and other supporting documents. Research data collection using interview techniques and document or library material studies.The data analysis method used in analyzing the data is qualitative analysis. The results of the study can be formulated that there are stages in the process of resolving problematic loans by PT BPR LSE Manggala until the collateral is taken over (AYDA) from a third party and the sale is carried out. The implementation of the auction is contained in the Auction Minutes which contain temporary purchases by the bank with a De Command Deed. The auction minutes and the de command deed as authentic deeds have perfect legal force for the parties involved in the auction and the actual buyer who will be appointed by the bank. Obstacles and constraints in the form of internal and external factors include costs, administrative requirements, third parties who do not want to vacate the collateral, debtors who delay the execution time and the uncertain time period for each administration process while the collateral must be sold within 1 (one) year if it passes then the bank is declared the actual buyer.
notary's responsibility in making a deed of grant that is cancelled due to legal defects Fahmi, Ismail; Hasana, Dahniarti
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study analyzes the cancellation of a deed of gift declared legally flawed and its implications for the position and accountability of a Notary, particularly when the Notary holding the protocol is also sued in an inheritance dispute. The study uses a normative legal research method with a statutory, conceptual, and case approach through a study of Decision Number 2193 K/Pdt/2018. Data are sourced from secondary legal materials obtained through literature studies and analyzed descriptively-analystically. The results of the study indicate that the withdrawal of the Notary holding the protocol as a co-defendant is administrative and pragmatic, primarily for the purposes of proving the minutes of the deed and avoiding the exception of lack of parties. The Notary's liability for the cancellation of a deed of gift is limited and can only be requested if there is proven error or negligence in fulfilling the formal obligations of the position. Legal protection for heirs is realized through the cancellation of a legally flawed deed of gift, the restoration of the status of the object of the gift as a boedel heir, and the strengthening of the precedent of caution in making a deed of gift so as not to eliminate inheritance rights.
Legal Analysis of the Role of Notaries in the Process of Risk-Based Licensing Digitalization Through Oss-Rba Ritza Aurelia, Tsabita; Hafidz, Jawade
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1). The role of notaries in the process of digitalizing risk-based licensing through OSS-RBA. 2) Obstacles and solutions in the process of digitalizing risk-based licensing through OSS-RBA. This type of research is empirical legal research. The approach method in this study is a sociological juridical approach. The types of data in this study are primary data and secondary data. The data collection method uses interviews and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The role of notaries in the process of digitalizing risk-based licensing through OSS-RBA is as a guarantor of the certainty and validity of legal documents that form the basis for establishing a business entity as well as the main requirement in obtaining a Business Identification Number (NIB) and other permits. Although the OSS-RBA system is present as a digital instrument that simplifies and accelerates business licensing services, the function of notaries remains irreplaceable because their attributive authority is sourced from the Notary Law (UUJN) to make authentic deeds. In Sukoharjo Regency, which is dominated by MSMEs, notaries also act as a bridge between legal literacy and digital administration, assisting business actors in understanding, preparing, and ensuring the validity of documents required in the OSS-RBA system. 2) Obstacles in the process of digitizing risk-based licensing through OSS-RBA are not only technical, such as limited technological infrastructure and low digital literacy among business actors, but also normative, namely unclear procedures, overlapping regulations, and too rapid policy changes that create legal uncertainty. Possible solutions include improving coordination between agencies, drafting more consistent regulations, technical assistance for business actors, and the role of notaries in guaranteeing the validity of legal documents and maintaining data accuracy in the OSS-RBA system. When analyzed using Gustav Radbruch's theory of legal certainty, OSS-RBA-based licensing should be able to ensure that the law is clear, consistent, and can be implemented without causing doubt. According to Radbruch, legal certainty is one of the fundamental values of law besides justice and utility. Legal certainty can only be realized if implementing regulations are stable, administrative procedures are integrated, and mechanisms for resolving obstacles can be implemented effectively.
Legal Analysis of the Authority of Notaries to Issue Covernotes to Banks Miradz Pratama, Andyka
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A covernote is a certificate issued by a notary in banking practice as a statement that the deed creation and credit guarantee binding process is ongoing. Although commonly used by banks as a basis for credit disbursement, the notary's authority to issue a covernote is not explicitly regulated in the Notary Law. This condition raises legal issues related to the notary's position, binding power, and liability in the event of default or loss to the bank. This study aims to analyze the notary's authority to issue a covernote and its legal implications in banking practice. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that a covernote is not an authentic deed and does not have perfect evidentiary power, so the notary does not have attributive authority to issue it. However, a covernote still creates legal liability for the notary based on the principles of prudence and professionalism.

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