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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 Role of a Notary for Construction Service Providers on Failed to Build Disputes Sanny, Dewa Afrizal
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

The 1999 Construction Services Law and the 2017 Construction Services Law realize that the implementation of construction services is a complex matter and involves many interests, so in the event of a building failure a party is needed who is able to provide an objective and professional view regarding responsibility for the failure. This thesis research was carried out using sociological juridical because it was carried out by collecting various data. The efforts to resolve the construction failure dispute in Madiun City have not been carried out based on the rules Act No. 2 of 2017 related to Construction Services, Legal protection for construction service providers in construction failure disputes caused by third parties in Madiun City still has weaknesses, namely the limited protection of the position of construction service providers from criminal threats due to the absence of criminal sanctions, as well as weaknesses in the form of most of the agreements for the use of building construction services that were made were not agreements made by deed before a notary. Keywords: Dispute; Legal; Protection.
The Process of Investigation and Investigation of a Notary Who Is Allegedly Committing a Criminal Act of Forgery Soleman, Firman Satryobudi
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 Indonesian state is a state based on law, therefore all aspects of the implementation and administration of the state are regulated in a system of applicable laws and regulations. In this sense, the state is implemented based on a constitution or the Constitution of the State and other legal regulations. The existence of protection for the position of a notary as an official (general) seems to be a simalakama fruit in the police investigation process in terms of criminal responsibility, the position of a notary who is full of great responsibility must be protected. On the other hand, when indications of a criminal offense have been committed by a notary, absolute law enforcement becomes a must. The obligation to maintain confidentiality is an obstacle when in this case there is an allegation of a criminal offense committed by a Notary, because it is not easy because investigators/Investigators are starting the initial stages of Investigation and Investigation related to the summons of a Notary for Examination and confiscation of minuta deed because it must be through a series of processes as stated in article 66 UUJN.Keywords: Allegedly; Forgery; Investigation.
Compensation For Land Procurement For Klonengan Fly Over (FO) Development Project Khoirunnisa, Nurizka Tiffany; Arpangi, Arpangi; Widayati, Widayati
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

Compensation for land acquisition has often been found in various areas where land has been affected by development projects for the public interest. One of the cases that occurred was in the Margasari area, Tegal Regency. The construction of the Fly Over project with Decision Number 05/Pdt.G/2017/PN.SLW which occurred on the Tegal-Pemalang-Pekalongan road section caused several problems, one of which was where the profit compensation was deemed unfair, so a lawsuit was filed in court. This study used a Juridical Empirical approach, by comparing the laws and regulations relating to disputes related to land acquisition for the public interest with practices that occur in the field through Decision Number 05/Pdt.G/2017/PN.SLW. Based on the results of research and discussion: 1) The land acquisition process carried out by the land acquisition committee in resolving disputes; 2) Achievement of the value of justice for communities affected by the Fly Over development project by comparing it with existing theories; 3) Implementation of compensation for land acquisition in accordance with the value of justice by comparing it with the principles contained in Act No. 2 of 2012. The conclusion from the writing of this law is that the compensation provided by the Government is fair and in accordance with existing and applicable regulations.
Juridical Review the Role of the Notary Honor Council in Providing Sanctions against Notary That Violates the Code of Ethics of Notary Position Damayanti, Fera
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 research will be examined in this study are: What is the mechanism for imposing sanctions on notaries who violate the notary's code of ethics and the efforts that can be made by a notary who is imposed with a sanction for violating the notary's code of ethics to file an objection. The approach method used is a normative juridical approach and the specifications used in this study are analytical descriptive research. Based on the results of the study it can be concluded that for Notaries who violate the code of ethics, the Ethics Council can impose sanctions on the violators, sanctions imposed on members of the Indonesian Notary Association who violate the code of ethics can be in the form of: Reprimand, Warning, Temporary Dismissal from Association Membership, Dismissal With Respect from Association Members, and Disrespectful Dismissal from Association Members. However, the dismissal sanction given to a Notary who violates the code of ethics is not in the form of dismissal from the notary position but dismissal from membership of the Indonesian Notary Association. So that the sanction seems to have less binding power for Notaries who violate the code of ethics. Notaries who have been sanctioned for violating the code of ethics can defend themselves and can appeal in stages against the decisions of the Regional Ethics Council to the Regional Ethics Council and the Central Ethics Council as a final level examination.Keywords: Notary, Code of Ethics, Sanctions
The Juridical Study of the Implementation of Hotel Condominium Agreements Arifin, Himawan
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

Hotel condominiums are accommodations that can be used as an alternative to support the high mobility of today's society. This has made Condotel grow rapidly in Indonesia, however, this development is not in line with the existence of clear legal regulations. The approach method used in this qualitative legal research is a sociological juridical approach, which is an approach by seeking information through direct interviews with informants empirically first and then followed by conducting research on secondary data found in literature studies through theoretical steps. Based on the research conducted, it can be seen that the implementation of hotel condominium agreements so far has not had a legal footing in Indonesia, this has resulted in many developers and builders often seeking large profits without heeding the principles of good ethics in buying and selling agreements and managing hotel condominiums. The weaknesses that make the condo hotel agreement policy in Indonesia not fair are the weaknesses in the laws and regulations in the form of non-regulation of the contents of the condo hotel agreement and the position of the condo hotel in Act No. 20 of 2011, the weakness in law enforcement in the form of the lack of oversight regarding the sale agreement purchase and management of hotel condos, and the habit factor of hotel condominium development and construction actors who mostly seek profit through sale and purchase agreements and management of hotel condominiums by setting aside consumers or hotel condo owners. The solution that can be done is to make legal regulations specifically related to hotel condos, considering that hotel condos are different from condos in general.Keywords: Agreement; Condominium; Hotel; Juridical.
Accountability of Notaries in Issuing Covernotes Related to the Implementation of Credit Agreements at Banks Budianto, Ari; Hafidz, Jawade
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 study aims to analyze: 1) The form of notary liability for the issuance of notary covernotes used in the process of credit agreements at Bank BPD SULTRA, 2) Legal consequences for the issuance of notary covernotes used in implementing credit agreements at Bank BPD Sultra. The use of research methods is qualitative research through a sociological juridical approach and research specifications in the form of descriptive analysis. The type of data used is primary data derived from interviews and documentation, secondary data through library research, the data analysis method used is descriptive qualitative data analysis. The results of this study conclude that: 1) Notaries must keep their promises based on the cover notes issued, the emergence of problems in the covernote causes the notary to be held accountable by resolving the problem, even though there are no administrative sanctions in accordance with UUJN because covernotes are not regulated in the law, the notary still has a social burden to bear because he is considered negligent in his obligations and the loss of public trust in the notary said, as a form of responsibility the notary will issue an extension cover note to ask for an extension of time in resolving the problem. 2) The legal consequences arising from unresolved covernotes and causing losses to related parties will rely on several points, namely: a notary may be subject to professional responsibility, including the obligation to compensate for losses incurred, A notary may be subject to disciplinary action by the supervisory body or authorized notary institution in the form of a warning, reprimand, or revocation of a notary's license to practice lawsuits which may include demands for compensation, cancellation of transactions, or other legal actions deemed appropriate for the losses suffered.
The Law Enforcement of the Notary Honorary Council against Violations of the Notary Code of Ethics in Cirebon Regency Susiyanti, Susiyanti
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 aim of this research isTo study and analyze constraints and Solutions in Law Enforcement of the Notary Honorary Council Against Violations of the Notary Code of Ethics in Cirebon Regency. This study uses Sociological Juridical approach method. Based on the research concluded thatThe obstacles faced by the Honorary Council in enforcing the Notary Code of Ethics in Cirebon Regency, the increasing number of Notaries, the Honorary Council only numbering 3 (three) members and is collective in nature so that if someone is unable due to busyness or other constraints, the Honorary Council not carry out their duties optimally, and there are some unscrupulous notaries who want to be examined who have been notified but are not in the office without any reason, with a large working area. The solution carried out by the Honorary Council to prevent and reduce the occurrence of violations of the code of ethics is to provide guidance, supervision, guidance and counseling. Evaluate and improve every violation of the code of ethics committed by a Notary so that the factors that support the occurrence of violations can be minimized and eliminated. And they must have a way to plan strategic steps to be carried out by the Honorary Council to suit the objectives to be achieved.Keywords: Enforcement; Ethics; Notaries.
Responsibilities of Notaries Receiving Protocols from Notaries Who Die in Kendal Regency Rijal, Al
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

Notary Protocol is a collection of documents that are State archives that must be stored and maintained by a Notary in accordance with the provisions of laws and regulations. As an important document belonging to the State that functions as evidence, the Notary Protocol should be properly maintained. The storage of the Notary Protocol by the Notary holding the protocol is an effort to maintain the legal age of the Notary deed as perfect evidence for the parties or their heirs regarding everything contained in the deed.t. The position of the Protocol Recipient only includes those who have resigned, retired or died. Based on the results of this study, the responsibility of the Notary who receives the protocol from a Notary who has died in Kendal Regency. The Notary who receives the protocol in Kendal Regency is only responsible for storing and maintaining the Protocol he receives and for providing information related to the protocol in his possession, because this is one of the responsibilities of the recipient of the notary protocol, however, the notary who receives the protocol will still be called to ask for information if there is a problem.Keywords: Protocol; Responsibility; Notary.
Rechtvacuum in protection for notaries in carrying out their duties in Batam City Sumarno, Sumarno
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 have an important function as public officials, this is because notaries are needed to make authentic deeds for the purposes of proving the recognition of civil ownership rights to an object. The important position of Notaries is not in line with the existence of clear legal protection for Notaries in carrying out their duties and responsibilities as public officials. The type of research in this thesis is sociological or empirical legal research which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Based on existing studies, it can be concluded that the implementation of protection for Notaries when carrying out their duties in Batam City has not yet been realized because there is no clear mechanism regarding protection for Notaries when carrying out their duties and responsibilities.
Legal Implications of the Sale and Purchase of Land Rights Underhand in Demak Regency (Study of Decision No. 34/Pdt.G/2020/PN. Dmk) Muslichah, Siti
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

It is undeniable that in everyday life, there are still many land sales and purchases carried out underhand, not in the presence of an authorized official, namely a Notary/PPAT. This study aims to analyze the legal implications of the sale and purchase of land rights underhand in Demak Regency (Study of Decision No. 34/Pdt.G/2020/PN. Dmk). The type of research used in this thesis is normative legal with a case approach. This approach method uses a normative legal approach or written legal research. The types and sources of data used are secondary data. Data collection methods are literature research and documentation studies. The data analysis method used in analyzing the data is qualitative analysis, namely the data obtained is then analyzed qualitatively to achieve the objectives. The results of the study show that in the concept of legal certainty, it can be made in writing in the form of an agreement before an authorized official and recognized by the state, so that it has perfect legal force before the court. In accordance with Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. A sale and purchase agreement made underhand is difficult to prove if a legal act of transferring land rights has occurred. Therefore, legal protection is needed, namely repressive legal protection and preventive legal protection.

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