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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 Criminal Acts of Corruption He Did as a General Official Study of Decision Number: 1673 PK/Pid.Sus/2024 Ihsan Adam Dewindra
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

As a public official, a notary has the authority to create authentic deeds that have perfect evidentiary power. However, in practice, it is possible for notaries to be involved in criminal acts of corruption, either directly or indirectly, thus raising questions regarding the limits and forms of their legal accountability. This study aims to analyze the responsibility of notaries for criminal acts of corruption committed in their capacity as public officials and their legal implications. The research method used is normative juridical research with a statutory and conceptual approach. The data used are primary, secondary, and tertiary legal materials that are analyzed qualitatively to obtain a comprehensive understanding of notary responsibility in the context of criminal acts of corruption. The results of the study indicate that notaries proven to have committed criminal acts of corruption can be held accountable under criminal, civil, and administrative laws. Criminal liability is im
Legal Consequences and Responsibilities of Notaries for Inconsistencies in the Time of Signing a Deed Bona Hidayat
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 aims to analyze the legal consequences and liability of a Notary for discrepancies in the time of signing a deed and the application of the provisions of reading and signing in an authentic deed. This research is empirical legal research with a sociological approach and a case approach and is descriptive analytical in nature. Data were obtained through interviews with Notaries, literature studies, and a review of Credit Agreement Deed Number 24 dated December 12, 2025, then analyzed qualitatively. The results of the study indicate that the phrases "at that time" and "as soon as the deed is read" do not have to be interpreted as simultaneous signing at the same second, but rather require continuity between the appearance, reading, approval, and signing in a series of processes. Separate signings that do not fulfill formalities can cause the deed to only have evidentiary force as a private deed. The Notary's liability must be determined casuistically based on the form of viola
Legal Analysis of Notaries Who Conduct Promotions Reviewed from the UUJN and the Notary Code of Ethics Fawwaz Nabil Imani
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 development of information technology encourages notaries to utilize social media as a means of legal counseling to the public. However, the use of digital media can also be a form of selfpromotion which is prohibited under the Notary Public Law (UUJN) and the Notary Code of Ethics. The unclear boundaries between legal counseling and self-promotion give rise to multiple interpretations in the application of norms, thus causing legal uncertainty and differences in the application of sanctions to notaries. This study aims to analyze the legal consequences for notaries who engage in self-promotion in terms of the UUJN and the Notary Code of Ethics, as well as to analyze the application of sanctions and solutions to these violations. This study uses a statutory approach and a conceptual approach in normative legal research, using Hans Kelsen's Theory of Legal Responsibility and Soerjono Soekanto's Theory of Legal Effectiveness as analytical tools. Based on the study, it is concluded th
Legal Certainty Regarding the Determination of Transmigration Areas on Customary Land Rights in the Raimuna Transmigration Area, Maligano District, Muna Regency Asram Amirullah Asruddin
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 the legal certainty of the determination of transmigration areas on customary land rights in the Raimuna Transmigration, Maligano District, Muna Regency, and analyze the legal consequences that arise for customary law communities and the implementation of transmigration. The background of this study is based on the continued uncertainty of the legal status of customary land rights that are used as transmigration areas, the less than optimal formal recognition of customary law communities, and the differences in understanding between the local government and customary communities regarding the legal status of land in the area. This research is an empirical legal study using a sociological juridical approach. The research data consists of primary data obtained through interviews with the Muna Regency Traditional Community Institution, the customary law community in the Raimuna Transmigration Area, the National Land Agency, the Transmigration and Manpower Office
Legal Analysis of Consumer Legal Protection in Digital Platform-Based Property Purchase Transactions Miftakhul Hulwana Zakaryanto
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

The development of digital platforms has transformed the property buying and selling transaction mechanism, making it faster and easier, but on the other hand, it has given rise to various legal risks that have the potential to harm consumers. This study aims to determine the form of legal protection for consumers in digital platform-based property buying and selling transactions, analyze the legal responsibilities of business actors and digital platform providers for consumer losses, and evaluate the effectiveness of the implementation of laws and regulations in providing legal protection. This study uses a normative juridical method with a statute approach and a conceptual approach. The data used are secondary data consisting of primary, secondary, and tertiary legal materials obtained through literature studies and supported by limited interviews with legal practitioners. Data analysis was conducted qualitatively through a review of relevant laws and regulations, doctrines, and lega
Effectiveness of Implementing Complete Systematic Land Registration in Order to Ensure Legal Certainty in Pati Regency Ananda Rafli Pramudya
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

Complete Systematic Land Registration (PTSL) is a government program that aims to provide legal certainty for landowners in the form of certificates. In practice, this complete systematic land registration is still questionable in terms of its effectiveness because there is still a small portion of land that has not been registered. The purpose of this research is to analyze: 1) Obstacles in complete systematic land registration in order to ensure legal certainty in Pati Regency. 2) The effectiveness of complete systematic land registration in order to ensure legal certainty in Pati Regency. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The type and source of data in this research are primary data obtained through interviews and observations. The analysis in this research is descriptive analytical. The results of the study indicate that the implementation of complete systematic land registration in Pati Regency still
Notary Public Responsibility for the Implementation of Cyber Resilience and Business Continuity Plan as a Legal Obligation in the Governance of the Notary Profession Kholidin Alkhalifi Atmadinata
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

The digital transformation of notarial practice has expanded the exposure of notarial offices to cyber disruption, while Indonesian law still lacks an explicit norm obliging notaries to implement cyber resilience and a business continuity plan (BCP). This study examines the legal position of that obligation and formulates a regulatory model to close the resulting normative gap. Employing normative legal research with statutory, conceptual, and case approaches, the analysis applies Radbruch's construction of legal certainty, the risk management theory of Mehr and Hedges, and the doctrine of legal liability, complemented by an Islamic law perspective. The study finds, first, that cyber notary in Indonesia operates in a hybrid form in which the digitalized pre- and post-deed stages coexist with a conventional execution stage, producing nine structural weaknesses. Second, cyber resilience and BCP already constitute an implicit legal obligation derived from the notarial office duty, the dut
Notary's Responsibility for Formal Defects in Bank Credit Agreement Deeds Dyna Fabiola
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 aims to analyze the legal liability of notaries for formal defects in bank credit agreements and the legal consequences that arise on the deed's position and evidentiary power. The study uses a normative legal research method with a statutory approach. The legal materials used are primary, secondary, and tertiary legal materials obtained through literature studies and analyzed prescriptively. The results of the study indicate that in the case being studied, the debtor used a false identity and the notary did not conduct a thorough verification because he relied too much on the results of the creditor survey. This negligence is seen as a violation of the obligations of objectivity, independence, and the principle of prudence in carrying out the notary's office. The responsibilities discussed include civil liability under Article 1365 of the Civil Code, potential criminal liability under Article 266 of the Criminal Code, and administrative sanctions in accordance with the prov
Legal Consequences of the Implementation of the Provision of Customary Land Grant Carried Out in a Carangan Manner by The Kutai Tribe's Customary Community of Kutai Kartanegara Regency Ahmad Al Fadhil Tiffani Pratama
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 the legal consequences of the implementation of granting land rights grants carried out orally by the Kutai Tribe indigenous community in Kota Bangun District, Kutai Kartanegara Regency, and to examine the form of legal protection for the recipients of the grants. The research method used is empirical juridical research with a socio-legal approach. Data were obtained through library research and field research in the form of interviews with traditional leaders, recipient communities, and parties related to the practice of carangan grants. The analysis was conducted using descriptive analysis, by examining the practice of carangan grants that are still maintained by indigenous communities as part of living customary law and are based on the values of family, trust, and social harmony as well as practices that cause problems from a positive legal perspective because they do not meet the formal requirements in the form of a deed from a Land Deed Making Officer (
Legal Protection of Land Deed Officials Against Signing of Deed Minutes by Unauthorized Parties (Study in Nganjuk Regency) Irwan Sanjaya
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

A Land Deed Official (PPAT) is a public official authorized to create authentic deeds regarding certain legal acts concerning land rights or ownership rights to apartment units. In practice, PPATs can face legal issues if the party present and signing the minutes of the deed is not the authorized party or provides incorrect information. This condition can give rise to disputes and potentially place the PPAT as a party who is also held accountable. This study aims to analyze the legal protection for PPATs against the signing of minutes of the deed by an unauthorized party and the legal consequences that arise for the deed and PPAT. The study uses a sociological juridical approach with analytical descriptive specifications. Data were obtained through field research in the form of interviews and library research on primary, secondary, and tertiary legal materials, then analyzed qualitatively. The results of the study indicate that PPATs have an obligation to apply the principle of caution

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