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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 345 Documents
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Criminal Liability of Notaries Who Participate in Forgery of Deeds of Power of Attorney to Sell Bunyan Nirwana
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 criminal liability of Notaries who participated in the forgery of Power of Attorney to Sell Deeds and the legal certainty of the deeds that were the objects of forgery. The study uses a normative juridical approach with a statutory, case, and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively. The results of the study indicate that the criminal liability of Notaries can be imposed based on proven individual actions and errors. The actions in the case studied were assessed based on Article 264 paragraph (1) in conjunction with Article 55 paragraph (1) point 1 of the Criminal Code which was in effect at the time the act was committed, while Article 391, Article 392, and Article 20 of Law Number 1 of 2023 were used as a study of national legal developments. The criminalization of Notaries does not immediately cause Power of Attorney to Sell Deeds Numbers 53, 54, 55, and 58 to be null and void. The four de
The Role of Notaries in Drafting Customary Land Utilization Agreements for National Strategic Projects in the Merauke Customary Territory Fitri Novita Rahmadany
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 utilization of customary land for National Strategic Projects (PSN) in Merauke Regency, South Papua, creates a specific legal problem because communal customary tenure must interact with national land administration, corporate investment, and accelerated development policy. This article updates the earlier journal manuscript by using the final thesis findings as its principal basis. The study applies a juridical-empirical or sociological legal method, combining statutory, conceptual, case, and sociological approaches with interview data from two notarial practitioners in Merauke. The analysis shows that legal uncertainty is concentrated in three areas: uncertainty over the customary representative entitled to consent, uncertainty over the status and boundaries of the customary land object, and the absence of complete institutional and spatial data that can be relied upon before a deed is signed. The article also clarifies the division of authority between a Notary and a Land Deed O
Limitations of the Principle of Freedom of Contract in Marriage Agreements Based on the Civil Code Aswar
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 determine and analyze the limitations of freedom in making a marriage contract based on the Civil Code, as well as to analyze the authority and responsibility of a notary in making a marriage contract. This study uses a statute approach and a conceptual approach. Based on the study, it is concluded that the existence of a marriage contract is based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code, but this freedom is not absolute because it is limited by law, morality, public order, and the interests of third parties. Limitations in a marriage contract are normatively reflected in several aspects, namely limitations based on public order and morality, limitations on the rights and obligations of husband and wife, limitations on the protection of third parties, especially creditors, limitations on the substance or content of the agreement, limitations on the time of making and changing the marriage contract. Notaries have legal an
Implementation of Complete Systematic Land Registration (PTSL) in Cirebon Regency Moch Royan Mecca Saputra
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 PTSL program in Cirebon Regency is not yet optimal. Head of Cirebon National Land Agency Agha Setia Putra Eka saptadi conveyed that the PTSL program targeted at the Regency Cirebon as many as 40 thousand plots of land within five months or until June 2024. However, at the beginning of May 2024, the National Land Agency had only completed the target of 17 thousand plots of land. This thesis's research is empirical. In this empirical legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in interactions between individuals in society. Based on the research conducted, it can be seen thatThe implementation of comprehensive, systematic land registration at the Cirebon Regency Land Office has not been effective. This is evidenced by the high number of people who have not yet registered their land. The factors that cause the ineffectiveness of land registration implementation at the Cirebon Regency Land Office are the History of Land Own
Analysis of the Role of a Notary in the Establishment of Roliz Jaya Utama Limited Liability Company as a Pest Control Company Anis Fitriyani
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 role of notaries in the process of establishing PT Roliz Jaya Utama as a pest control company, the responsibilities of notaries in making the deed of establishment and submitting legal entity approval, as well as legal certainty regarding the company's activities. Inclusion and changes in pest control business activities in the company's articles of association. The study uses an empirical legal approach with analytical descriptive specifications. Data were obtained through literature studies, interviews, and documentation studies of company documents, then analyzed qualitatively. The results of the study indicate that the role of a notary does not stop at making authentic deeds, but includes formal examination of documents, clarification of the founders' wishes, preparation of the deed formulation, reading and signing of the deed, and submission of legal entity ratification. In the establishment of PT Roliz Jaya Utama, the deed of establishment Number 34
The Use of TikTok as a Legal Education Tool for the Public That Does Not Violate the Notary's Code of Ethics Khusnul Khotimah Rahman
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 information technology has driven the transformation of legal counseling by notaries through digital platforms such as TikTok as a means of broadly and rapidly increasing public legal literacy. However, the presence of notaries in the digital space raises legal and ethical issues related to the boundaries between general legal counseling and individual legal consultations, as well as the potential for misunderstandings due to the simplification of legal information. This study aims to analyze the use of TikTok as a means of legal counseling by notaries and the Notary Code of Ethics as the legal umbrella in its implementation. This research is a normative legal study with a statutory, conceptual, and analytical approach. The legal materials used include laws and regulations, specifically the Notary Law, the Notary Code of Ethics, and relevant legal literature. The analysis was conducted qualitatively to assess the suitability of TikTok's use with the authority and res
Legal certainty in the implementation of transfer of land sale and purchase rights without a PPAT deed in limbong village, north luwu regency Eka Amanda Sari
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 certainty of the implementation of the transfer of land sale and purchase rights without a deed from a Land Deed Making Official (PPAT) in Limbong Village, North Luwu Regency. This study uses an empirical juridical method with a legislative approach and a juridical-sociological approach. Primary data were obtained through observations and interviews with the village government, the community, and the North Luwu Regency Land Office, while secondary data were obtained from relevant laws and regulations, books, and scientific journals. The results of the study indicate a gap between social certainty and administrative certainty in the practice of land sales and purchases without a PPAT deed. A private sale and purchase agreement known or signed by the village government can serve as evidence of a legal relationship between the seller and the buyer, but does not replace the PPAT deed as a formal document for registering the transfer of land rights. This
Legal Implications of Cancellation of Ownership Certificate Due to Use of Legally Defective Inheritance Certificate Ahmad Dzulfaqor Albaz Alwy
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

Abstract of Legal Implications of Cancellation of Ownership Certificate Due to Use of Legally Defective Inheritance Certificate
Implementation of Credit Agreements Through the Binding of Guarantee Agreements (Borgtocht) for the Object of the Mortgage Right Jeffrey Rainaldo Laban
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 credit provider, banks are required to establish policies to maintain a balance in order to obtain profits and ensure that all their credit can be settled in good faith from the debtor. This research is an empirical legal research with an empirical juridical approach, namely research that examines how legal provisions regarding credit agreements are applied in practice in the banking environment. Researchers seek to determine the conformity between applicable legal provisions and the practice of implementing credit agreements through binding guarantee agreements, as well as identifying various factors that influence the effectiveness of their implementation. Guarantee Agreements at Bank Sultra are still used as additional collateral, basically only as an additional assurance that the credit will run well due to the guarantor's control over the health of the debtor's business.
Legal Certainty in Fulfilling the Obligation to Refuse to Be an Instrumental Witness and the Impact of Violations on Notaries Cristian Andros
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

Notaries are required to keep the contents of authentic deeds confidential, but the obligation of confidentiality or the right of recusal for instrumental witnesses who are also aware of the substance of the deed has not been regulated, thus creating a normative vacuum (leegstand van normen). This study aims to analyze the legal certainty regarding the right of recusal for instrumental witnesses in refusing to provide information on the contents of authentic deeds they know. This normative legal research uses a statutory, conceptual, and analytical approach, with secondary data in the form of primary, secondary, and tertiary legal materials, which are analyzed descriptively qualitatively using Gustav Radbruch's Legal Certainty Theory and Hans Kelsen's Legal Responsibility Theory. The results of the study indicate that the normative vacuum regarding the right of recusal for instrumental witnesses harms the value of legal certainty; Notaries have the potential to face indirect civil liab

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