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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 345 Documents
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Notary's Responsibility for Changing the Use of Agricultural Land to Non-Agricultural Land for Legal Entity Ownership Deny Tazakka
Jurnal Konstatering Vol 5, No 3 (2026): July 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Development and investment developments are driving legal entities to increasingly need land for non-agricultural activities, so that changes in the use of agricultural land to non-agricultural land are increasingly frequent. These changes must comply with the provisions of the Regional Spatial Planning (RTRW), the Suitability of Spatial Utilization Activities (KKPR), and the Protection of Sustainable Food Agricultural Land (LP2B), while in practice there is still uncertainty regarding the limits of the authority and responsibility of Notaries in making deeds related to these changes, especially regarding the position and form of the Deed of Release of Rights in the process of acquiring Building Use Rights (HGB) by legal entities. This study aims to analyze the legal regulations regarding changes in the use of agricultural land to non-agricultural land and the authority of Notaries in making their deeds, the responsibility of Notaries if the deeds made are contrary to spatial planning
Effectiveness of the Role of State Attorneys in Resolution of Legal Issues on Control of land Assets Local Government Through Non-Litigatory Legal Aid Adhy Firman Ndaru
Jurnal Konstatering Vol 5, No 2 (2026): April 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The effectiveness of the State Attorney's role in resolving legal issues concerning the control of regional government land assets is important because land assets constitute regional wealth that must be legally secured and utilized for public purposes. This issue is reflected in the public infrastructure, facilities, and utilities land of Medang Lestari Housing in Medang Village, Pagedangan District, Tangerang Regency, covering 11,213 m² with an estimated value of IDR 67,278,000,000, which has been controlled by another party for approximately fifteen years. This research employs an empirical juridical method with a descriptive-analytical specification. Primary data were obtained through interviews, while secondary data were collected from legislation, books, scientific journals, and other relevant legal materials. The data were analyzed qualitatively by combining the legal framework with the factual implementation of non-litigation legal assistance by the State Attorney at the Tanger
Interim Decision on the Exception of Authority to Judge in The Procedure Renvoi Lawsuit Case from the Perspective of the Principle of a Quick Trial in the Commercial Court (Study of Decision No. 2/Pdt.Sus-Renvoi/2026/PN.Niaga. SMg. Juncto No. 5/Pdt.Sus-Pailit/2025/PN.Niaga.Smg.) Hadrian Yoga Vidianto
Jurnal Konstatering Vol 5, No 4 (2026): October 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine the application of the principle of speedy trial in renvoi lawsuit cases in the Commercial Court if there is an exception to the authority to adjudicate and to determine the existence of interlocutory decisions in cases examined under the Bankruptcy Law. This study is normative legal research with a statutory approach and a case approach. The sources of legal material for this study are Commercial Court decisions containing exceptions regarding the authority to adjudicate the Commercial Court and the Bankruptcy Law, which are then analyzed using the deductive analysis method. The results of the study indicate thatThe exception regarding the Commercial Court's authority to examine and decide on a case under review is not resolved in an interim decision, but rather in a final decision. This is an implementation of the expedited trial principle adopted by the Bankruptcy Law. In other words, cases arising from the Bankruptcy Law do not recognize interim decisio
Legal Protection of Community Property Rights to Land Destroyed Due To Abrasion in Pangkalpinang City Bagus Nugroho
Jurnal Konstatering Vol 5, No 2 (2026): April 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Coastal abrasion is a natural disaster that has a serious impact on land in coastal areas. In Pangkalpinang City, abrasion has caused the loss of part of the land area, directly impacting community ownership rights to land. This condition raises legal issues regarding the status of land destroyed by abrasion and the forms of legal protection that can be provided to land rights holders. This study aims to analyze the legal status of land destroyed by abrasion in Pangkalpinang City and analyze the forms of legal protection that can be provided to communities who lose their land rights due to abrasion. This study uses an empirical legal research method with an empirical juridical approach. Data were obtained through literature studies, field observations, and interviews with relevant parties. The results of the study indicate that land that has undergone changes in shape due to natural events, cannot be identified anymore, and cannot be utilized properly can be designated as destroyed lan
Responsibilities of PPAT in Submitting Sale and Purchase Deed Documents and Their Implications for Potential Disputes Arfiyanto Tri Saputro
Jurnal Konstatering Vol 5, No 2 (2026): April 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 responsibility of the Land Deed Making Official (PPAT) regarding the submission of the Sale and Purchase Deed (AJB). 2) The implications of not submitting the Sale and Purchase Deed document on potential disputes. This type of research falls within the scope of normative legal research. The approach method in this study is a case study approach and a statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study conclude: 1) The responsibility of the Land Deed Making Official (PPAT) regarding the submission of the Sale and Purchase Deed (AJB) is an inseparable part of the fundamental job obligations in ensuring legal certainty and protection for the parties. The case that occurred in Batang Regency shows that negligence in submitting the AJB not only
Legal Protection for Land Sellers in Oral Sales and Purchase Agreements (Case Study of Kendari District Court Decision Number 40Pdt.G/2019/PN Kdi) Meisya Ardhana Mukhaer
Jurnal Konstatering Vol 5, No 4 (2026): October 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze, describe and analyze the legal status of oral agreements and provide legal protection for land sellers in oral sales and purchase agreements. The research method used is normative legal research, using a legislative approach. Case approach and conceptual approach and data collection. Through literature study. The analysis was conducted using descriptive-qualitative analysis by examining the legal force of the oral agreement and legal protection for land sellers. The results of the study show thatthat an oral sale and purchase agreement is considered valid because it meets the requirements for a valid agreement and is binding on the parties who made it. in accordance with Article 1320 of the Civil Code. This oral agreement is still considered valid and has legal force as long as it can fulfill Article 164 HIR and can be proven in court. Therefore, the Buyer is declared to have committed a breach of contract because he has broken his promise by not paying t
Validity of Authentic Deeds for Cryptocurrency Transactions in Indonesia Fadhil Muhammad Rafi
Jurnal Konstatering Vol 5, No 3 (2026): July 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The rapid development of information and communication technology has given rise to cryptocurrency as a decentralized, blockchain-based digital financial instrument. In Indonesia, the adoption of crypto assets has grown very rapidly, yet this growth has not been matched by adequate legal clarity, raising questions about the validity of authentic deeds as an evidentiary instrument in cryptocurrency transactions. This article aims to analyze the implementation of authentic deed-making for cryptocurrency transactions and the resolution mechanisms for the juridical and technical obstacles involved. The research employs a normative juridical method with a statutory and conceptual approach, supported by a literature study of relevant laws, regulations, academic literature, and court decisions. The findings show that although cryptocurrency has not been recognized as a legitimate means of payment, its status as intangible movable property opens the possibility for notaries to draw up authenti
Utilization of Technology as an Effort to Protect Lost or Damaged Notary Deed Minutes Due to Force Majure Alief Dwinanda Syahputra
Jurnal Konstatering Vol 5, No 2 (2026): April 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The minute deed (deed minutes) constitutes an essential part of the Notarial Protocol and has a strategic position in ensuring the authenticity, legal certainty, and protection of the rights and interests of parties appearing before a Notary. The obligation of a Notary to prepare and preserve minute deeds is principally regulated under Law Number 30 of 2004 concerning the Notary Position, as amended by Law Number 2 of 2014 concerning Amendments to the Law on the Notary Position. However, these regulations do not comprehensively govern the mechanism for electronically preserving minute deeds or the legal protection and liability of Notaries when minute deeds are lost or damaged due to circumstances beyond their control (force majeure). This condition raises legal issues concerning legal certainty, the continuity of the evidentiary function of notarial deeds, and the legal protection of parties when minute deeds are lost or damaged as a result of unforeseeable and unavoidable circumstanc
Implementation of Partnership Principles in Standard Agreements and Legal Protection of Pt. Maxim Indonesia's Driver Partners in East Kalimantan Kadiyo
Jurnal Konstatering Vol 5, No 4 (2026): October 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is motivated by the change of the modern work system into an application-based economy (gig economy), which turns out to cause legal problems in the partnership agreement between PT. Maxim and online motorcycle taxi drivers in East Kalimantan. The imbalance of bargaining positions in this agreement makes drivers lose their freedom fairly, even though this equality is required by Law Number 20 of 2008 concerning MSMEs. The purpose of this study is to find out, review and analyze the implementation of the partnership principle in the standard agreement between PT. Maxim Indonesia and drivers in East Kalimantan, to find out, review and analyze the clauses in the standard agreement between PT. Maxim Indonesia and online motorcycle taxi drivers in East Kalimantan whether they have fulfilled the principles of partnership, and to find out, review and analyze the legal protection of drivers with PT. Maxim Indonesia as a result of the imbalance in the standard partnership agreemen
Legal Validity of Electronic Documents Derived from Deeds of Granting Mortgage Rights Devi Yanti
Jurnal Konstatering Vol 5, No 3 (2026): July 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study examines the legal status and validity parameters of electronic documents derived from the Deed of Granting Mortgage Rights (APHT) within the Electronically Integrated Mortgage Rights Service (HT-el). The study uses a normative juridical method with a statutory approach and a descriptive-analytical specification. Primary, secondary, and tertiary legal materials are examined through qualitative legal analysis, while an interview with an official of the Cirebon Regency Land Office is used as supporting information concerning document examination in practice. The results show that an electronic document derived from an APHT functions as a representation and service requirement rather than as a new deed created entirely electronically. Its validity in HT-el depends on the authenticity of its origin, the authority of the submitting party, integrity, completeness, readability, availability, data conformity, security, and traceability. The Cirebon Regency Land Office examines the e

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