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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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Legal Certainty of Execution of Pledged Objects Against Marital Assets as Collateral for Debt Without Spouse's Consent Salam, Ruby
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

Marriage creates legal relationships, one of which concerns joint property. Article 36 Paragraph 1 of Law Number 16 of 2019 concerning Marriage mandates that husband and wife have equal rights regarding joint property. Furthermore, any legal action related to joint property must be based on the agreement of both parties. In this regard, pawnshops are one of the non-bank financial institutions that provide a quick solution for the community to meet immediate funding needs, with gold jewelry as collateral. This study aims to find out: How is the execution of pawned objects in the form of gold jewelry which is joint property from a marriage bond that is used as collateral for debt without the consent of the case study partner at PT. Pengadaian Cabang Teluk Betung?, and How is the legal certainty of the execution of the pawned object against marital assets in the form of gold jewelry that is used as collateral for debt without the consent of the spouse (Study at PT. Pegadaian Teluk Betung Branch)? This research uses an empirical approach, using secondary and primary data, obtained from literature studies and field studies by means of interviews. Based on the research, it is concluded: the legal certainty of the regulation of pawned objects whose goods are joint assets in marriage which are used as collateral for debt without the consent of the husband or wife is contained in Article 36 paragraph (1) of Law No. 16 of 2019 concerning Marriage which has provided a legal corridor, that the action to pawn joint assets must be based on the agreement of both parties between husband and wife. As with Gustav Radbruch's theory of legal certainty that legal certainty is one of the objectives of the law itself, the process of executing pawned objects in the form of marital assets which are used as collateral for debt without the consent of the spouse at the Pawnshop is null and void. Suggestion: There needs to be strict regulation from the institutional structure that oversees financial institutions and financial services in Indonesia, such as Bank Indonesia and the Financial Services Authority of the Republic of Indonesia, because there is already a legal umbrella based on Article 36 paragraph (1) of Law No. 16 of 2019 concerning Marriage and the Need to provide strong legal protection to both husband and wife, it is best to make a prenuptial agreement regarding the property they own.
Legal Consequences of Incorrectness in the Declaration of the Presentative in the Inheritance Deed Made by the Notary (Study of Supreme Court Cassation Decision Number: 917 K/Pdt/2025) Shofa, Jannatu; 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

The validity and evidentiary power of an authentic inheritance deed made before a Notary still raises disputes over inheritance deeds where the existence of an authentic deed does not always guarantee a final and binding resolution of inheritance disputes so that this condition creates legal uncertainty, both for the heirs and for the Notary as a public official. The purpose of this thesis research is to determine the legal consequences for the Notary regarding the inaccuracy of the statement of the person appearing in the Notary's inheritance deed, to analyze the judge's considerations regarding disputes over inheritance deeds made authentically before a Notary in decision number: 917 K/Pdt/2025 and to determine the format of an authentic Notary deed of inheritance information based on the provisions in force in Indonesia. The research method applied in this study is normative juridical, utilizing a statute approach and a case approach. The analysis was conducted qualitatively, relying on primary, secondary, and tertiary legal materials. All data were analyzed based on the theory of legal certainty and the theory of responsibility as the research's conceptual framework.
Document Validation by a Notary as a Fiduciary-Based Credit Risk Mitigation Setiawaty, Dewi; Mashdurohatun, Anis
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 in depth the role of Notaries in validating documents in the credit granting process with fiduciary guarantees as a form of legal and credit risk mitigation at Bank Perekonomian Rakyat Lingga Sejahtera Pangkalan Bun. The background of the study is based on the frequent problems found in credit practices, including incomplete debtor identities, inconsistencies in collateral data, failure to transfer ownership, and weak understanding of the debtors regarding the legal consequences of fiduciary agreements. These conditions have the potential to cause disputes at the execution stage and weaken the bank's preferred position as a creditor. The research method used is an empirical juridical approach with analytical descriptive specifications. Primary data were obtained through in-depth interviews with Notary partners, credit analysts, and the BPR legal department, while secondary data were obtained from laws and regulations, notarial law literature, and relevant scientific journals. Data analysis was conducted qualitatively with triangulation techniques to ensure the validity of the findings. The results show that Notaries have a central role as a preventative guard in credit risk management. These roles include verifying the identity of legal subjects, examining the legality and validity of collateral objects, preparing credit agreements and fiduciary guarantee deeds that meet formal and material requirements, and implementing fiduciary registration through the Ministry of Law and Human Rights' electronic system. Strict validation has been proven to prevent duplicate objects, reduce the potential for non-performing loans, and strengthen the bank's executorial position following the Constitutional Court's ruling on fiduciary execution mechanisms. The study also found several obstacles, namely low legal literacy of MSME debtors, differences in physical and administrative vehicle data, disruptions to the electronic registration system, and differences in interpretation of execution clauses between banks and Notaries. To overcome these obstacles, integrated validation operational standards, intensive coordination between banks and Notaries, integration of ownership databases, and increased legal education for debtors are needed. The study concluded that the quality of Notary validation is directly proportional to the effectiveness of fiduciary-based credit risk mitigation.
Effectiveness of the Implementation of the Complete Systematic Land Registration Program (PTSL) Sugiyono, Sugiyono; 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

This study aims to analyze: 1)The process of implementing the complete systematic land registration program (PTSL) in Genuk District, Semarang City. 2) The effectiveness of the implementation of the complete systematic land registration program (PTSL) in Genuk District, Semarang City. This type of research is empirical legal research. The approach method in this research is a sociological juridical approach. The types of data in this research are primary and secondary data. The data collection method uses field techniques and library techniques. The analysis in this research is descriptive. The results of the study concluded: 1) The process of implementing the complete systematic land registration program (PTSL) in Genuk District, Semarang City is an effort by the government to realize legal certainty of land rights through comprehensive and systematic land registration. Its implementation involves the Semarang City Land Office, local government, and the community in the stages of socialization, data collection, verification, and certificate issuance. Based on Gustav Radbruch's theory of legal certainty, PTSL in Genuk District has fulfilled the principles of clear positive law, based on social facts, and is implemented consistently. Although there are administrative, technical, and social obstacles, through inter-agency coordination, the application of digital technology, and increasing public legal awareness, these obstacles can be overcome. With the achievement of more than 94 percent of land plots certified by 2025, PTSL in Genuk is considered successful in creating orderly land administration and strengthening legal certainty for the community. 2) The effectiveness of the implementation of the complete systematic land registration program (PTSL) in Genuk District, Semarang City, namely showing significant success in realizing legal certainty, orderly land administration, and improving community welfare through the issuance of land title certificates in a comprehensive, fast, and transparent manner. Based on an analysis of five factors of legal effectiveness, all elements of legal implementation, starting from clear legal substance, professional implementing officials, adequate means and facilities, to community participation and legal culture, have functioned optimally. PTSL in Genuk District is not only effective administratively with the achievement of more than 94 percent of land plots certified, but also effective substantively because it is able to raise public legal awareness, reduce land disputes, and open economic access through the legalization of land assets.
Effectiveness of Providing Free Notary Services For the Underprivileged Ridho Assyahid, Muhammad; 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

This study aims to analyze the effectiveness of the implementation of the provision of free legal services in the field of notary by Notaries and identify obstacles and solutions in its implementation. This study uses a qualitative approach with a sociological juridical research type. The types and sources of data used consist of primary data and secondary data obtained through interviews and literature studies. Data analysis was conducted descriptively qualitatively. Based on the results of the study, it is concluded that the obligation of Notaries to provide free legal services in the field of notary to people who cannot afford it is regulated in Article 37 paragraph (1) of the Notary Law. This provision provides hope for people who cannot afford to continue to obtain notary services without charge. In practice, the provision of free legal services is carried out based on the Notary's assessment of the conditions and legal needs of the clients who come to him. In addition, the implementation of the provision of free legal services in the field of notary is a form of social responsibility of the Notary profession in providing access to justice. However, the effectiveness of its implementation still faces various obstacles, including limited outreach to the community, the high workload of Notaries, and operational costs that must still be borne even though the service is provided free of charge.
Implementation of Marriage Agreements in Resolving Property Conflicts with Husband and Wife Daud Nento, Fadel; Mashdurohatun, Anis
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 the implementation of marriage agreements in resolving joint property disputes between husband and wife at the Gorontalo Religious Court and identify obstacles and their solutions. The research method used is empirical legal research with a qualitative approach, through literature studies, observations, in-depth interviews with judges and clerks, and document analysis of 37 decisions in joint property cases in 2020–2024. The results of the study indicate that the implementation of marriage agreements is realized in the form of a peace deed through mediation, such as in Case Number 689/Pdt.G/2022/PA.Gtlo. However, its implementation is still low because the majority of cases are resolved through litigation with a 50:50 division based on Article 97 of the Compilation of Islamic Law, although there are two decisions that deviate from the proportional division (2/3 and 1/3) based on the wife's contribution. The main obstacles include: (1) legal structure, namely the less than optimal role of mediators and the dominance of the litigation process; (2) legal substance, namely general and unclear norms regarding marriage agreements; (3) legal culture, namely the taboo perception in Gorontalo society regarding marriage contracts. The solutions offered are optimizing mediation, prioritizing non-litigation resolution, improving legal norms, strengthening marriage contract norms, and socializing through local cultural channels such as the Tolobalango traditional procession. This study concludes that marriage contracts have the potential to be an effective preventive and resolutive instrument if supported by institutional strengthening, certainty of norms, and a paradigm shift in legal culture.
Notary's Responsibility In Making A Deed Of Grant That Is Cancelled Due To Legal Defects Sudaryanto, Muhammad Riyadi; 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

This study analyzes the Village Treasury Land (TKD) dispute between the Sobokerto Village Government and the Indonesian Air Force (TNI-AU) in Ngemplak District, Boyolali Regency, which gave rise to dual claims over land that had been managed by the community for decades as a village asset but was later claimed as part of the strategic area of Adi Soemarmo Air Base. The dispute resulted in legal uncertainty regarding the land's status, overlapping ownership documents, reduced access for residents to cultivated land, and the weakening of the function of village assets as a supporter of Village Original Income. The study used a juridical-empirical method with a descriptive qualitative research type through a legislative and conceptual approach, with primary and secondary data obtained through in-depth interviews and literature studies, then analyzed descriptively-analystically. The results of the study indicate that the legal status of the disputed land is in a dualism of public legitimacy: the Village Government bases its claim on historical-factual control, recording of village assets, and the social function of TKD for the welfare of residents, while the TNI-AU positions it as a defense area controlled by the state for the sake of national security. This dualism is reinforced by the weak demarcation of boundaries and formal evidence of TKD in the past, thus triggering overlapping documents. The main obstacles include disorderly land registration administration, differences in ownership history that are not jointly verified, data asymmetry across agencies, the dominance of a legal-formal approach that ignores the social function of land, and unequal civil-military relations; within the framework of the Theory of Legal Certainty and Progressive Law Theory, these findings emphasize the need for integrated land administration arrangements, collaborative verification of ownership history, and resolution mechanisms that are not merely formalistic so that legal certainty and socio-economic protection of village communities can be restored.
Legal Analysis Of Copyright Of Artificial Intelligence (Ai) Digital Works As An Object Of Fiduciary Guarantee Pratama, Anugerah
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

The development of digital technology and the creative economy has made copyright, including Artificial Intelligence (AI)-based works, an economically valuable asset with the potential to be utilized in financing activities. Normatively, based on Law Number 28 of 2014, copyright is an intangible movable object that contains economic rights and can be transferred. Furthermore, Law Number 42 of 1999 provides space for intangible movable objects to be used as fiduciary collateral. Thus, legally, digital copyright meets the qualifications as an object of fiduciary collateral. This research uses a normative juridical method with a statutory and conceptual approach. The research data is sourced from primary, secondary, and tertiary legal materials, which are analyzed descriptively and analytically to examine the regulation of copyright on AI works and their relationship to fiduciary guarantee law in Indonesia. The research results show that copyright on digital works based on Artificial Intelligence normatively meets the qualifications as an object of fiduciary guarantee because it is an intangible movable object containing economic rights and can be transferred. However, its implementation in practice still faces obstacles in the form of the absence of technical regulations regarding the burden mechanism, intangible asset valuation standards, and certainty of execution in the event of default. Thus, strengthening regulations and technical guidelines is needed to ensure legal certainty in the use of digital copyright as an object of fiduciary guarantee.

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