Jurnal Konstatering
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.
Articles
345 Documents
<![CDATA[The Force of Legal Regard to Traditional Land When Certified Through PPAT ]]>
<![CDATA[Agung Aji Rahmatullah]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 2 (2026): April 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Customary land occupies a unique position in the Indonesian land law system because customary law is established as the basis for national land law through Article 5 of Law Number 5 of 1960 concerning Basic Agrarian Principles. In practice, customary land is often certified as private property without prior release of customary rights, thus raising issues regarding the validity of the certificates issued and the responsibility of the Land Deed Officials who process them. This study aims to determine, examine, and analyze the existence of customary law in the national land law system, the legal consequences of the issuance of Ownership Certificates for customary land by PPAT without prior release of customary rights, and the extent to which customary law still has legal force over certified customary land. The approach used is normative juridical with analytical descriptive research specifications. The data sources used are secondary data, including primary legal materials, secondary le]]>
<![CDATA[Utilization of Abandoned Land in Realizing the Social Function of Land Based on Agrarian Justice ]]>
<![CDATA[Hendra Ferianto]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 4 (2026): October 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Land has a social function that requires that its control and utilization are not only oriented towards individual interests, but also provide benefits to the community. The existence of abandoned land is problematic because land that has been granted rights or the basis of control is not utilized in accordance with the conditions, nature, and objectives of the granting of rights, while the community's need for land access continues to grow. This study aims to analyze the effectiveness of the utilization of abandoned land in realizing the social function of land based on agrarian justice through guarantees of justice, benefits, and legal certainty. The study uses a normative juridical method with a legislative, conceptual, and case approach. Legal materials were collected through literature studies and analyzed qualitatively with descriptive analytical specifications. The results show that PPAT has a supporting role in ensuring orderly administration and legal certainty for land legal]]>
<![CDATA[Legal Reconstruction of the Use of Digital Signatures in Deeds of Change of Capital of Limited Liability Companies ]]>
<![CDATA[Billy Kurniawan]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 3 (2026): July 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze the use of digital signatures in Limited Liability Company Capital Change Deeds and formulate ideal legal standards that can support the digitalization of notarial processes. The study uses an empirical juridical method with a statutory regulatory approach and a sociological approach. Data were obtained through literature studies and interviews with Notaries in Batam City, parties related to General Legal Administration services, and Limited Liability Company business actors. The results of the study indicate that the administration of legal entity changes has utilized an electronic system through the Legal Entity Administration System, but the process of reading and signing authentic deeds is still carried out conventionally because the provisions of the Notary Position require the presence of the appearers. This condition creates a gap between technological developments and notarial law. The ideal legal standard offered is reconstruction through the Nationa]]>
<![CDATA[Legal Protection for Recipients of Regional Land Grant Deeds Based on PPAT Grant Deeds ]]>
<![CDATA[Ashikha Salami]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 2 (2026): April 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze and understand the application of the principles of legal protection for recipients of regional land grants based on the deed of grant from the Land Deed Maker (PPAT) in the context of the management of regional property by the Financial Management Agency.Area(BPKD) Pekalongan Regency. The method used in this study is an empirical juridical legal research method with a statutory approach and a case approach. Research data were obtained through literature studies and interviews with the Regional Financial and Asset Management Agency (BPKD) and grant recipients. The data obtained were then analyzed qualitatively to determine the conformity between the practice of implementing regional land grants with applicable legal provisions. The results of this study are: the implementation of regional land grants has basically been carried out in accordance with the provisions for managing regional assets, but there is still a need to strengthen the aspect of legal certai]]>
<![CDATA[Examination of the Validity of Land Title Certificates Electronics at the Pekanbaru City Land Office ]]>
<![CDATA[Mhd Rahmat Fitra]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 4 (2026): October 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Electronic certificates represent a digital transformation of land services in Indonesia, based on the Regulation of the Minister of ATR/BPN Number 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. The Pekanbaru City Land Office officially implemented this service on May 31, 2024. This study aims to analyze the validity of electronic land title certificates and resolve data discrepancies between physical and electronic certificates. This study uses an empirical legal method with analytical descriptive specifications. Data were obtained through interviews with officials and staff of the Pekanbaru City Land Office, supplemented by secondary data in the form of primary, secondary, and tertiary legal materials. Data were analyzed qualitatively using the Theory of Legal Certainty, Theory of Legal Protection, and Theory of Legal Certainty from an Islamic Perspective. The results show that the validity of electronic certificates is carried out in an in]]>
<![CDATA[The Urgency of the Role of PPAT in Supporting Legal Certainty of Land in Mining Activities ]]>
<![CDATA[Fatimah Az Zahra]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 3 (2026): July 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze the urgency of the role of Land Deed Officials (PPAT) in supporting legal certainty of land ownership and use for non-metallic mineral and rock mining activities. This study uses an empirical legal research method with a sociological juridical approach, a legislative approach, and a conceptual approach. Data were obtained through literature studies, document studies, and interviews with PPAT, the Energy and Mineral Resources Office of Central Java Province, and the community in Sumberrejo Village. Data were analyzed qualitatively using the Theory of Legal Certainty and the Theory of Legal Effectiveness. The results of the study indicate that PPAT has an urgency in supporting legal certainty of land ownership and use if certain legal actions are carried out on the land. However, in the practice of mining activities in the Gunung Putih area, there has not been any formal involvement of PPAT in the coordination mechanism for mining implementation. Coordination b]]>
<![CDATA[Legal Position of Court Decisions Regarding Guardianship of Minors in Transactions Regarding Transfer of Land Rights by Parents as Purchasers ]]>
<![CDATA[Aliffia Alfi Nabila]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 2 (2026): April 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study discusses the legal status of guardianship court decisions in land transfer transactions involving minors, particularly in the practice of land purchases registered in the child's name while the parents are still alive, as their implementation in the field is still not uniform. This study aims to analyze the procedure for transferring land rights for minors through guardianship court decisions, as well as the obstacles and solutions in their implementation. This study is a normative legal study with a statutory regulatory approach and a conceptual approach, using secondary data collected through literature studies and analyzed descriptively and analytically. The results show that the use of court decisions is conditional and cannot be applied as a general requirement in every transaction. In transactions where the child is the seller, a court decision is still essentially necessary as a form of protection for the child's assets. Conversely, in land purchases in the name of m]]>
<![CDATA[Effectiveness of Implementing Electronic-Based Complete Systematic Land Registration (PTSL) ]]>
<![CDATA[Kania Hafizhiani Rahim]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 4 (2026): October 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze: 1)Implementation of electronicbased complete systematic land registration (PTSL) in Majalengka Regency. 2) Obstacles and solutions in the implementation of electronicbased complete systematic land registration (PTSL) in Majalengka Regency. 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 sourced from primary, secondary and tertiary legal materials. The data collection method uses interview techniques and library techniques (document study). The analysis in this research is descriptive. The results of the study concluded: 1) The effectiveness of the implementation of electronic-based Complete Systematic Land Registration (PTSL) in Majalengka Regency has basically been running and can be considered quite effective because it has been supported by the legal basis for land registration and the use of electronic systems in]]>
<![CDATA[Legal Analysis of the Use of Sealed Land as Collateral by Legal Entities in Balikpapan City ]]>
<![CDATA[Devinda Dwi Rahmadani Anggraini]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 3 (2026): July 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This research is motivated by the widespread practice of using "sealed land" as collateral for bank loans by legal entities in Balikpapan City, which has the potential to trigger legal vulnerabilities. Based on Law Number 4 of 1996 concerning Mortgage Rights (UUHT), objects that can be burdened with Mortgage Rights are only officially registered land rights, including Ownership Rights, Cultivation Rights, Building Rights, and Use Rights. This research aims to analyze the legal validity and legal implications of the use of sealed land as collateral by legal entities. The approach method used is a juridical-sociological approach with an empirical legal research type. Primary data was obtained directly from primary sources in the field, which were synthesized with primary, secondary, and tertiary legal materials through qualitative analysis techniques to test the conformity between statutory norms and legal practices in the field.The results of the study indicate that sealed land in Balik]]>
<![CDATA[Legal Validity of Absentee Ownership of Agricultural Land Rights ]]>
<![CDATA[Agus Zaenal Anwar]]>
<![CDATA[ Jurnal Konstatering Vol 5, No 2 (2026): April 2026 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze: 1)Practices regarding absentee ownership of agricultural land rights in Pati Regency. 2) The legal validity of absentee ownership of agricultural land rights in Pati Regency based on applicable laws and regulations. This type of research is an empirical legal research. The approach method in this research is sociological juridical. The types of data in this research are primary and secondary data. The data collection method uses interviews, observations and library techniques (document study). The analysis in this research is descriptive, with the theory of legal certainty and legal validity. The results of the research concluded: 1) The practice of absentee ownership of agricultural land rights in Pati Regency, namely that there are still agricultural land ownerships by rights holders who reside outside the sub-district where the land is located. This practice is basically not in line with Article 10 paragraph (1) of Law Number 5 of 1960 concerning Basic Ag]]>
