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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 252 Documents
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Implementation of Pro Bono Notary Legal Services for the Poor in Grobogan Regency Utami, Dwi Risky Faulam; Riyanto, Taufan Fajar
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Indonesia, as a country based on law as mandated in Article 1 paragraph (3) of the 1945 Constitution, stipulates that all aspects of national and state life must be based on law. This country based on law requires the protection and fulfillment of legal rights for all citizens without exception, including the right to legal aid. Within the framework of this country based on law, the role of notaries as public officials who carry out part of the state's functions is very important, especially in providing fair and equitable legal services. The author conducted the research with the aim of finding out and analyzing the implementation of the provision of free pro bono notary legal services in Grobogan Regency and analyzing what obstacles were encountered when implementing pro bono notary services. To find out the above objectives, the author used an empirical legal research type. Data sources were obtained from several stages, namely through field research (interviews) and library research. Data analysis in a systematic manner includes data reduction, data presentation and drawing conclusions. Based on the research results, it was concluded that the legal regulations regarding the notary's obligation to provide free legal services to the poor are contained in Article 37 paragraph (1) of the UUJN and Article 3 paragraph (7) of the Notary Code of Ethics. In practice, Notary Mulyono, S.H., M.Kn has carried out his obligations in accordance with the provisions of the Notary Law, legal services are not only provided to poor clients but also provided for foundation activities, activities in the social, humanitarian and religious fields. Notaries assess the poor based on humanity and conscience. Meanwhile, the obstacles encountered are that the provisions in Article 37 paragraph (1) of the UUJN do not explain in detail the procedures and who is said to be able to receive legal assistance to determine whether someone is eligible or can be exempted from fees, and there is still a lot of stigma in society considering that notary services are very high.
Legal Protection for Land Buyers Who Have Not Registered the Transfer of Land Rights After the Seller is Declared Bankrupt by the Commercial Court at the District Court Rachmawan Mapareppa, Andi; Djunaedi, Djunaedi
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. Developers who have been declared bankrupt can cause various legal consequences for the community, one of which is home buyers. Home buyers have made a Sale and Purchase Agreement with the developer. However, if the developer goes bankrupt, the house becomes bankrupt property as long as it is still recorded as a PPJB and the purchase has not been carried out by AJB before the PPAT. In this article, the author wants to examine the legal protection for home buyers if the developer is declared bankrupt. Purposeof this study is to analyze: 1) How is the Legal Force of the Deed of Sale and Purchase Agreement (PPJB) against the Deed of Sale and Purchase (AJB) that has not been made by a notary because the developer is bankrupt 2) How is the Legal Protection for Land Buyers Who Have Not Registered the Transfer of Land Rights After the Seller is Declared Bankrupt by the Commercial Court at the District Court? 3) What are the Settlement Steps that must be taken by the Curator to protect the interests of the Buyer? This type of research is normative legal research. The approach method in this study is a Qualitative approach. The types and sources of data in this study are primary and secondary data obtained through literature studies and documentation. The results of the study are that in filing Other Lawsuits starting from the Registration of Lawsuits that must be filed by an advocate, Lawsuits must be filed with the Chairman of the Commercial Court at the District Court, the trial process is held within a maximum period of 20 days from the date of registration. Keywords: Agreement; Bankruptcy; Law; Protection.
Legal Protection of Inheritance Rights of Children from Unregistered Marriages (Analysis of Supreme Court Decision No. 671 K/Ag/2015) Kathrin Makdalena BR Siregar, Widya; Listyawati, Peni Rinda; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. A valid marriage in Indonesia requires its implementation in accordance with religious law and registration by an authorized official for legal certainty. Children born from unregistered marriages have only a civil relationship with the mother and her family. However, the inheritance rights of children from unregistered marriages have undergone progressive development through jurisprudence. This study aims to analyze the legal status of inheritance rights of children from unregistered marriages within the context of legal certainty and to examine the legal protections afforded to these children. This research method uses normative legal research. The approaches used are the statute approach and the conceptual approach. The data type is qualitative, and the data sources are secondary data. The data collection method is through literature review, while data analysis is conducted descriptively. The research findings indicate that although unregistered marriages are religiously valid, the lack of administrative registration traditionally limits children's rights. However, Constitutional Court Decision No. 46/PUU-VIII/2010 has recognized the civil relationship of children with their biological fathers based on scientific or other evidence. Supreme Court Decision No. 671 K/AG/2015 further affirmed the inheritance rights of children from unregistered marriages, prioritizing the principle of substantive justice in accordance with Gustav Radbruch's Theory of Legal Certainty. Legal protection for children, as stipulated in Law No. 35 of 2014 concerning Child Protection, applies without discrimination based on origin. Legal remedies for obtaining legitimate child status for children from unregistered marriages include Marriage Confirmation in the Religious Court for Muslims, and marriage registration in the District Court for non-Muslims, which then facilitates the issuance of complete birth certificates. Nevertheless, challenges in the implementation and access to comprehensive children's rights remain, demanding more holistic and proactive policy reforms.  
Legal Protection of Third Parties in Credit Agreements with Liability Guarantee Kurniasari, Mei Ayu; Hasana, Dahniarti
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to find out and analyze the implementation of mortgage agreements in Semarang Regency, to find out and analyze legal protection for third parties in Credit Agreements with Mortgage Guarantees in Semarang Regency, and to find out and analyze examples of mortgage deed. The research approach method used in this thesis is a sociological juridical research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Mortgage Laws; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Research data collection with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model as proposed by Miles and Huberman. The results of the study indicate that the implementation of credit with mortgage guarantees at the bank has a procedure regarding the provisions, the conditions that must be carried out from the time the customer's application is submitted until the loan is paid off by the bank. Legal protection for third parties in the implementation of mortgage guarantee objects is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Act.
The Juridical Implications of the Transfer of Inheritance without the Consent of All Heirs Prasasti, Windra Anggi
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1). The juridical implications of the transfer of inheritance without the approval of all heirs 2). Legal protection for heirs against the transfer of inheritance without the consent of all heirs. The approach method in this research is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. Collecting data by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The juridical implication of the transfer of inheritance without the approval of all heirs is an act against the law as stipulated in Article 1365 of the Civil Code, so that the sale-purchase agreement is of course detrimental to the legal heirs which results in the reduction of the object of inheritance. Legal certainty regarding the sale and purchase of inherited land without the consent of the heirs is guaranteed by the Legislation in Article 1471 of the Civil Code, which states that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interests. 2) Legal protection for heirs against the transfer of inheritance without the approval of all heirs Legal protection for heirs against the transfer of inheritance without the consent of all heirs if a certificate has been issued on behalf of another party is given repressive protection, namely filing a lawsuit to the Court. In the criminal law code relating to the sale of inheritance, especially inherited land sold by heirs, it does not involve the approval of other heirs, which can be entangled with criminal sanctions. This is as explained in Article 372 of the Criminal Code regarding embezzlement and also Article 385 of the Criminal Code relating to land grabbing. In addition to criminal penalties, the injured heirs can sue in a civil manner with a lawsuit against the law.Keywords: Assets; Implications; Inheritance; Transfer.
The Juridical Analysis of Land Ownership Rights Purchased Prior to Making a Marriage Agreement (Postnuptial Agreement) Asmara, Diah Kumala
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims toknow and analyzeregarding the juridical analysis of land ownership rights purchased prior to the conclusion of a postnuptial agreement on a marriage, as well asknow and analyze aboutthe role and authority of a Notary in making a marriage agreement deed for land ownership purchased before the marriage.The approach method in this research is normative law (doctrinal). Normative legal research that is more specific discusses legislation or is also called normative juridical. Based on the results of the study concluded: 1)Marriage agreements made while in a marriage bond can be carried out after the decision of the Constitutional Court Number69/PUU-XII/2015, while regarding land purchased before the marriage agreement is made it will remain joint property as stipulated in Article 35 paragraph (1) of the Marriage Law, because marriage agreements made while in a marriage bond only bind to the assets that will be obtained later after the marriage agreement was made. The same goes for theorylegal certainty in the opinion of Gustav Radbruch, in principle has been well fulfilled considering that the marriage agreement is made as a legal means to protect the rights and obligations of the husband and wife when the marriage life takes place, which is made in accordance with the agreement of the parties to be ratified by the employee of the Marriage Registrar or Notary; 2)The role and authority of the Notary in the marriage agreement is based on the addition and change of phrases made by the Constitutional Court to the formulation of Article 29 paragraph (1) of Act No. 1 of 1974 concerning Marriage, which is connected with the phrase ".....after which the contents also apply to third parties as long as a third party is involved" is still maintained by the Constitutional Court, it is found that the Constitutional Court gives new authority to Notaries to ratify marriage agreements with third party binding purposes. In this case it can be said that the role of the Notary is to ratify the existing marriage agreement and not to make marriage agreements. This is due to the change in the phrase "enter into a written agreement" to "submit a written agreement".Keywords: Debt; Outstanding; Tax.
The Optimization of Complete Systematic Land Registration (PTSL) Puspita S., Annesya; Prayitno, Ahmad Hadi
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The right to own land is a very important right, this is a guarantee of legal certainty regarding land ownership. In order to achieve optimization in land registration, the government created a complete systematic land registration system or PTSL. In fact, the implementation of PTSL has not been optimal, especially in Pati Regency. Based on the results of the research conducted, it can be understood that the implementation of PTSL in Pati Regency has not been able to materialize effectively. There are strict sanctions from the government.Keywords: Complete; Land; Registration; Systematic.
The Juridical Review the Roles and Responsibilities of Notaries in Credit Agreements in Banking Prihadi, Rizal Hakim
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

An authentic deed is a deed made in a form determined by law, made by or before a public official in charge for that at the place where the deed was made. Some of the objectives of this study are first to find out the benefits of a credit agreement with a notarial deed when compared to private deed, second to analyze standard agreements in bank credit agreements in relation to the principle of freedom of contract, third to find out the role and responsibilities of notaries in credit agreements on Banking and fourth to find out what factors influence the roles and responsibilities of a notary in the credit agreement at Semarang Banking. The research method used is through statutory and empirical approach methods, using primary data and secondary data.Keywords: Agreement; Credit; Notary.
The Process of Transferring the Name of a Land Ownership Certificate Based on a Sale and Purchase Agreement in which the Seller Dies and the Heirs Refuse to Sign in Jepara Alsy, Achmad Irfan Chasani
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The basic concept in buying and selling land is clear and cash. If the concept of light and cash cannot be fulfilled, it does not mean that buying and selling transactions cannot be carried out. The notary will make another instrument, namely by making a sale and purchase agreement (PJB). The deed of sale and purchase agreement (PJB) can be made in 2 (two) forms, namely the sale and purchase agreement (PJB) not yet paid off and the sale and purchase agreement (PJB) in full amount. The binding sale and purchase is considered paid off accompanied by the power of attorney to sell. If the PJB has been paid off but the seller has died then the AJB can still be signed which will be handed down to the seller's heirs. This study uses a sociological juridical approach, with analytical descriptive research specifications. Sociological juridical research is researching and studying law to see the workings of law in an empirical society. The primary data collection technique uses observation and interviews, and secondary data uses document studies and literature studies.
Validity of an Authentic Deed Signed Without Being Read and Outside Notary Office Hours Darmawan, Yoga
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is intended to find out and analyze the signing of authentic deeds which were done briefly with/or not reading the deed outside the Notary's office hours and also to find out and analyze the validity of deeds whose signing was done briefly with/or not reading the deed outside of hours notary office. This research uses a normative juridical approach, namely solving facts that constitute legal problems. Research that discusses problems is based on statutory regulations or literature related to these problems. The approach used in this research is a statutory approach and a conceptual approach. This research uses 2 (two) theories, namely the theory of authority and the theory of legal certainty. Problems occur when the Notary is negligent or underestimates the signing process which without realizing it can have legal impacts on the Notary and/or the parties binding themselves in the Deed. Notaries are given the authority by attribution to make authentic deeds and read the deed before it is signed by the presenters. The main purpose of reading the deed is to make corrections and clarifications to the deed made to provide legal certainty to the parties.Keywords: Deed; Notary; Signing; Working.

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