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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 252 Documents
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Legal Analysis of Legal Consequences for Notaries for Violating the Honorarium Provisions in Making Deeds Dwi Jayanto, Ilham
Jurnal Konstatering Vol 3, No 3 (2024): July 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine the determination of the Notary's honorarium in making a Deed and to determine the legal consequences for Notaries who violate the honorarium provisions in making a Deed. The research approach method used in this thesis is the normative legal research method. The approach used in this study is the Legislation (statute approach). The type of data used in this study is primary data which includes the 1945 Constitution; Civil Code; Law Number 30 of 2004 concerning amendments to Law Number 2 of 2014 concerning the Position of Notary; Notary Code of Ethics. The data analysis method used is secondary data that has been obtained, analyzed descriptively qualitatively. The results of the study show that the determination of the notary's honorarium in making a Deed is based on the Economic Value and/or Sociological Value of each Deed made. The Economic Value of each deed has been regulated in Article 36 paragraph (3) of the UUJN, and the UUJN regulates the maximum limit of honorarium and the Code of Ethics regulates the minimum limit of honorarium, and in Article 37 of the UUJN, Notaries are required to provide free legal services to people who are unable to afford it without charging an honorarium. Violations committed by Notaries due to charging an honorarium below the provisions stipulated in the Code of Ethics, then the sanctions that will be given based on the Code of Ethics are: a) Reprimand; b) Warning; c) Schorsing; (temporary dismissal) from membership of the Association; d) Onzetting (dismissal) from membership of the Association; e) Dishonorable dismissal from membership of the Association. Sanctions for violating the provisions of the honorarium according to the UUJN, For the first sanction is a verbal warning. When a verbal warning is not complied with by a Notary, the next tiered sanction that must be received by the Notary is a written warning.
Bankruptcy of Husband Over Joint Property (Case Study of Decision Number 165/PDT.SUS.PKPU/2018/PN.NIAGA.JKT.PST) Pratiwi, Salma Rahmi; Sri Darmadi, Nanang
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The research aims to analyze the legal implications of husband's bankruptcy on rights and obligations regarding joint property in terms of Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst. The research method used is normative legal research with statutory and case approaches. The results indicate that by the implementation of the unity of property, bankruptcy experienced by the husband is treated as bankruptcy of joint property. The legal implications of the husband's bankruptcy on the rights and obligations regarding joint property that are reviewed from Decision Number 165/Pdt.Sus.PKPU/2018/PN.Niaga.Jkt.Pst, the husband and wife, Ikhwan Andi Mansyur and Ir. Indah Sari, lost their right to manage and control the assets including revocation of Personal Guarantees, because those are part of bankruptcy assets.
Legal Protection for Notaries in Implementation Tax Amnesty for Taxpayers Who Are Suspected of Committing Money Laundering Criminal Act wardani, Rika Kurnia
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

Abstract. The Tax Amnesty Program in Indonesia, although aimed at improving tax compliance, has the potential for abuse and legal risks for notaries involved in making property declaration deeds. Although notaries have a crucial role in verifying taxpayers' documents and identities, the existing legal protection is not yet fully adequate, especially if the taxpayer is suspected of committing money laundering (TPPU). Therefore, this study aims to analyze legal protection for notaries in the context of Tax Amnesty and identify legal loopholes that need to be fixed. The sociological legal research method was used, including analysis of related regulations (Notary Law, TPPU Law, KUP Law, and other regulations) as well as observation of field phenomena. The results of the study indicate the need to strengthen legal protection for notaries through more comprehensive and clear regulations, as well as transparent and accountable supervision mechanisms. This study concludes that stronger legal protection is essential to prevent notaries from getting caught up in legal problems due to taxpayers' actions, while also ensuring that notaries' duties are carried out optimally. Therefore, it is recommended to revise regulations, increase supervision by professional institutions, and provide special training for notaries to understand and minimize legal risks related to TPPU.Keywords: Legal Protection; Notary; Tax Amnesty; TPPU.
Implementation of Administrative Sanctions Against Notaries for Formal Negligence in Making Authentic Deeds Chairil, Chairil; widayati, widayati
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

This study aims to examine the form of formal negligence committed by the Notary WP in making the Deed of Lease Agreement Number 97 of 2021, analyze the application of administrative sanctions by the Notary Supervisory Board, and evaluate the legal consequences of issuing a copy of the deed based on the minutes that were not signed by all parties. This study uses a normative and empirical legal approach. Data were obtained through literature studies, legal documentation, and interviews with the Notary and the Kolaka Regional Supervisory Board. Based on the results of the study, it was found that the Notary issued a copy of the deed without a complete signature on the minutes, which is a violation of Article 44 paragraph (5) of the Notary Law. Administrative sanctions in the form of temporary suspension for three months were imposed by the Central Supervisory Board as a form of guidance. Legally, the deed no longer has the force of an authentic deed and only stands as a deed underhand, which can create legal uncertainty and reduce the credibility of the Notary.
Role Implementation of Regional Supervisory Council in the Context of Guidance and Supervision of Notaries Alfani, Safri Sendi; Bawono, Bambang Tri
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

The purpose of this research is to analyze and find out: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries. 2) Obstacles and solutions for the Regional Supervisory Council of Central Lampung Regency in the implementation of guidance and supervision of Notaries. The approach method in this research is empirical juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries is based on the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 of 2004 as referred to in Article 70 and Article 71 of the UUJN, and Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17. Several efforts have been made by the MPD of Central Lampung Regency in maximizing its role in providing guidance and supervision of Notaries in its area, namely: with coaching carried out in the form of workshops and routine socialization . As well as implementing preventive and curative supervision. 2). The obstacles for the MPD of Central Lampung Regency in the implementation of guidance and supervision of Notaries.
The Legal Harmonization in Bankruptcy Arrangements in the Notary Profession Purnamasari, Dyah Putri
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

Notary profession can be dishonorably dismissed if declared bankrupt by a court decision regulated in article 12 letter a of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 Position of Notary. The provisions of this article contradict the provisions of the Bankruptcy and Suspension of Obligations for Payment of Debt Law No. 37 of 2004 which cover the subject of bankruptcy, the object of bankruptcy and the legal consequences of bankruptcy. This legal research aims to find out and analyze the harmonization of the Law on Notary Office and the Law on Bankruptcy and Suspension of Debt Payment Obligations, especially the Notary Profession declared bankrupt and to know and analyze legal certainty for the Notary profession declared bankrupt. This study uses a normative juridical approach using analytical descriptive research specifications. The type of data in this legal research is normative by using primary legal materials in the form of various laws and regulations related to bankruptcy law for the Notary profession. Secondary legal materials are in the form of journals, both international and national journals, opinions of legal scholars, papers, research reports, articles and magazines as well as literature and electronic libraries related to legal protection. As well as tertiary legal materials in this study in the form of legal dictionaries, Indonesian dictionaries and encyclopedias. The method of collecting data in this study is in the form of literature and the method of data analysis used is in the form of legal logic with the deductive method. Based on the results of the research and discussion, disharmony was found between the Law on Notary Office and the Bankruptcy Law regarding the regulation of the profession of a Notary who was declared bankrupt both in terms of the subject of bankruptcy, the object of bankruptcy and the legal consequences of bankruptcy for the Notary profession. Then it was found that there were multiple interpretations in article 12 letter (a) of the Notary Office Law, causing legal uncertainty and injustice for Notaries who were declared bankrupt.Keywordsci: Bankruptcy; Harmonization; Profession.
The Responsibilities of the Substitute PPAT for Cancellation of Sales and Purchase Deeds Ignoring the Principle of Accuracy Fairuzzarah, Nisrina
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 find out and analyze the juridical implications of canceling a sale and purchase deed made by a Substitute PPAT, to find out and analyze the responsibilities of a Substitute PPAT for canceling a sale and purchase deed that ignores the principle of accuracy, and to find out and analyze examples of deeds that can be declared null and void. law. The approach method used in this research is normative juridical with the research specification used is descriptive analysis. This study used a data collection method, namely library research. This study uses qualitative analysis techniques. Based on the research, it was concluded that the juridical implications of canceling the sale and purchase deed made by the Substitute PPAT, then the deed he made can have the power of the deed under the hand or null and void. This relates to the cancellation of the unregistered Sale and Purchase Deed which has implications for being legally flawed. So that the Deed of Sale and Purchase is null and void by law. Substitute PPATs who commit negligence by ignoring the principle of accuracy are subject to administrative sanctions in the form of temporary dismissal to permanent dismissal. The responsibility of the Substitute PPAT for the cancellation of the sale and purchase deed that ignores the principle of accuracy, the cancellation of the sale and purchase deed that occurs due to the negligence of the Substitute PPAT. The cancellation of the sale and purchase deed must be in accordance with the applicable procedures. However, what happened was that the cancellation of the sale and purchase deed caused problems which were not registered at the Land Office.Keywords: Accuracy; Responsibility; Substitute.
The Juridical Analysis Related to the Compensation System in Land Procurement for the Construction of PLTU Batang Lukmana, Hendra Adi
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land has an important function in supporting human activities and needs, this makes land have high economic value, including in terms of land acquisition for public purposes. The implementation of compensation in the procurement of land for the Batang PLTU construction still ignores the value of economic losses and the value of land prices that are developing in the community. This article uses a normative juridical method. based on the studies conducted, it can be seen that legally the implementation of compensation for land acquisition for the construction of PLTU in Batang has not been carried out according to the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia, especially Article 33, this is because land compensation in the PLTU project does not see the value of land prices that apply sociologically in society. Keywords: Analysis; Compensation; Procurement.
The Juridical Implications of the Status of Children Out of Wedlock after the Stipulation of the Constitutional Court Decision Number: 46/PUUVIII/2010 Paburru, Faely
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: 1. To find out the juridical implications of the position of illegitimate children after the stipulation of the Constitutional Court decision No: 46/PUUVIII/2010. 2. To find out the distribution of inheritance rights for children out of wedlock if there is a blood relationship with children out of wedlock. 3. Deed of inheritance rights issued by a notary. The approach in this research is the empirical juridical approach. Empirical juridical research is a problem approach regarding matters that are juridical in nature and the existing facts regarding matters that are juridical in nature. Empirical legal research or sociological research is legal research that uses primary data. The results of this study: 1. Juridical implications of the status of children outside of marriage after the stipulation of the Constitutional Court Decision Number: 46/PUUVIII/2010. The implications that arise from the presence of the Constitutional Court Decision Number 46/PUU-VIII/2010, children out of wedlock in Islamic law still only have the right to have family relations with their mother and family from their mother's side. As stated in Article 100 of the Compilation of Islamic Law (KHI) which reads: "Children born out of wedlock only have a family relationship with their mother and their mother's family". Therefore, if the adulteress is the father, then the male and female children of adultery do not have the right to inherit. However, if the deceased is the mother, then he has the right to be the heir. 2. Distribution of inheritance rights for children out of wedlock if there is blood relationship with children out of wedlock. Distribution of inheritance for children out of wedlock if it can be proven that there is a blood relationship between the child out of wedlock and his biological father, then the child out of wedlock can inherit together with the heirs of Group I. If the parents of the child out of wedlock pass away leaving legitimate offspring and/or the husband/wife who lives the longest, then the out of wedlock child he admits inherits one-third of what they were originally supposed to get if they were legitimate children (article 863 BW part one). 3. Deed of Inheritance Issued by a Notary. The deed of inheritance rights drawn up by a notary in the form of minutes of the power of attorney can be considered as perfect evidence. "Because the deed was made in accordance with the procedure for making an authentic deed according to the Law on Notary Position."Keywords: Children; Court; Marriage.
Juridical Review of the Position of Deeds Made by Land Deed Officials Perpetrating the Crime of Money Embezzlement Payment of Land and Building Tax Imam, Chairul
Jurnal Konstatering Vol 2, No 4 (2023): October 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Land Deed Making Official (PPAT) is a public official who is given the authority to make authentic deeds regarding certain legal acts regarding Land Rights or Ownership Rights over Flat Units. However, it often happens that PPAT does things outside its authority, one of which is as the party that receives custody of PBB payments. This research aims to determine the juridical implications and responsibilities of PPAT in terms of receiving custody of Land and Building Tax (PBB) payments, then link it with appropriate theories in order to draw conclusions. The method used in the research, namely the approach method in this writing, is normative juridical, the specification of this research is analytical descriptive research. The data source uses secondary data. Data collection techniques use library research or document study. The data analysis technique uses a qualitative descriptive approach. In terms of paying PBB fees, it is basically paid by PPAT clients, but in practice it is often found that PPAT is trusted by many clients to pay their clients' PBB. In this regard, the statutory regulations do not regulate the authority of a PPAT who makes land deeds to pay land sale and purchase taxes from their clients, but if the clients give authority to the PPAT concerned to represent them to pay land sale and purchase taxes in the form of PBB to the state treasury, then the PPAT concerned basically does not have the authority to carry out such payments. This resulted in evasion of PBB tax payments to PPAT. For PPAT who commits this abuse of power, then as a result of these actions PPAT must be able to carry out accountability and be subject to appropriate criminal sanctions by the panel of judges, namely Article 372 and/or 374 of the Criminal Code and/or Articles 4,5,6 of the Republic of Indonesia Law No.8 of 2010 concerning the Crime of Money Laundering and Article 55 paragraph 1 of the Criminal Code. Keywords: Accountability; Authority; Tax.

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