cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sumain
Contact Email
jurnalkonstatering@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
jurnalkonstatering@unissula.ac.id
Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia.
Location
Kota semarang,
Jawa tengah
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
 4   5   6   7   8 
Legal Efforts to Settle the Problem of Transfer of Home Ownership Credit Under Hand Between the Debtor and a Third Party (Case Study Decision Number 61/Pdt.P/2022/PN.Kdi) Fitrawati, Fitrawati
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to find out, study and analyze the process of private transfer of home ownership credit between the debtor and a third party; to find out, study and analyze the legal consequences of the private transfer of home ownership credit between the debtor and a third party; and to find out, study and analyze legal efforts to resolve the issue of private transfer of home ownership credit between the debtor and a third party. This research method uses a type of normative legal research, with a statutory approach, conceptual approach and case approach. The type and source of data is secondary data, with data sources in the form of primary legal materials, secondary legal materials and tertiary legal materials which are carried out using data collection methods in the form of library studies, documentary studies and interviews. The data obtained is presented in the form of descriptions arranged systematically, logically and rationally, then the data is analyzed using qualitative descriptive analysis methods. The results of this research show that the transfer of home ownership credit under the hands of the debtor and a third party or without the knowledge and approval of the creditor or the bank providing the mortgage, the process does not take long, there is enough agreement between the debtor and the third party, but this action is not justified by the creditor. or is considered an act of default. Resulting in debtors and third parties compensating for losses incurred in the form of money or compensation for losses in the original condition. The legal effort to resolve the KPR transfer problem privately between the debtor and a third party is by taking legal action by filing a lawsuit or decision with the district court. So that the private transfer of home ownership credit between the debtor and a third party which is carried out by means of sale and purchase is declared valid and has permanent legal force regarding the validity of the private sale and purchase.
Implementation of Notary's Principle of Prudence in Making Authentic Deeds Between Housing Developers, Banks and Home Buyers in Ngawi Regency Wahyuningrum, Widhiastuti
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Notaries in carrying out their duties and positions are very important to implement the principle of caution in the process of making authentic deeds, considering the frequent legal problems with authentic deeds made by notaries because there are parties who commit crimes such as providing fake letters and false statements into the deeds made by notaries. The objectives of this thesis research are: 1) To find out and analyze the urgency of the notary's principle of caution in making authentic deeds of housing developer credit agreements; 2) To find out and analyze the application of the notary's principle of caution in making authentic deeds in Ngawi Regency. The conclusion of the results of this study are: 1) The forms of precautionary principles carried out by notaries in the process of making deeds are, introducing the identity of the person appearing, verifying the subject data and carefully the object of the person appearing, giving a grace period in the process of making deeds, acting carefully, carefully and precisely in the process of making deeds, fulfilling all technical requirements for making deeds and reporting if there is an indication of money laundering in transactions at the notary, forms of precautionary principles like this should be mandatory for notaries to implement in order to prevent notaries from having legal problems with authentic deeds they make in the future. 2). Implementation of the Notary's precautionary principle in making authentic deeds in Ngawi Regency has implemented the precautionary principle and if there is falsification of letters and false information provided by the parties in the process of making deeds, then material responsibility is the responsibility of the parties who have provided false data or false information to the notary. And the parties can be prosecuted and held responsible for the Criminal Act of Forged Letters and False Statements in accordance with Articles 263, 264 and Article 266 of the Criminal Code.
Urgency of Providing Shares to Local Communities in Mineral and Coal Mining Activities Rachmawati, Ani
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Providing shares to local communities in mineral and coal mining activities is very important. The position of the community as a party that is very potentially harmed in mining activities, is something that cannot be avoided even though they are permanent residents and even all natural losses will have an impact on the community. This study aims to conduct a study and analysis of the importance of providing shares to local communities in mineral and coal mining activities. The formulation of the problem in this study consists of: First, How are the problems of local community welfare whose areas are areas of mineral and coal mining activities. Second, How is the urgency of providing shares to local communities in mineral and coal mining activities. The research method used is doctrinal legal research with a statutory and conceptual approach. The results of this study conclude that: First, the problems of local community welfare in mineral and coal mining are that there are extraordinary social impacts such as environmental damage and the emergence of economic disparities caused by the management of nickel and coal mining solely to improve the welfare of entrepreneurs. Second, so far, CSR in its implementation has not been able to improve the welfare of the people in the nickel and coal mining areas. This shows that it is time for the public to be given shares in every nickel and coal company, because only then will there be legal certainty to obtain prosperity.
Paradigm Shift Regarding The Meaning of Appearing Before a Notary in The Cyber Notary Context Fidiyani, Nuraeni; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

 Abstract. Paradigm shift can refer to a fundamental change in the form of perspective, mindset, or conceptual framework used to understand, explain, or solve a problem. The essence of cyber notary itself can be interpreted as a notary who carries out his duties or authority based on information technology, this is not only the legality of using a cell phone for communication between a notary and his client but also relates to the duties and functions of a notary, especially in making deeds. This study uses a normative legal research method. The approach methods in this study are the statutory approach, the conceptual approach, and the theoretical approach. The data sources used in this study are secondary data sources, while the data analysis used is prescriptive data analysis. The results of this study are First, regarding the paradigm shift regarding the meaning of appearing before a notary in the context of cyber notary, it cannot be described in detail and in detail how the shift takes place because the Notary Law, the Civil Code itself has not regulated the existence of digital face-to-face in the concept of cyber notary, so it can only be described roughly regarding the use of video teleconferences such as zoom, cameras, cell phones, CCTV but it is emphasized that the parties must remain present. Second, regarding legal certainty regarding deeds made in the cyber notary concept, it can be seen that there is no legal certainty because the Notary Law does not regulate notaries working as cyber notaries.Keywords: Cyber Notary; Facing Digitally; Paradigm Shift.
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council Rizqi, Adella Fania; Arifulloh, Achmad; Widayati, Widayati
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens.
The Legal Protection for Notaries against Making of Deeds Based on Document Following by Acceptors Nur Afifah F., Novy Dika
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Notaries, within their limitations, often cannot anticipate the parties who want to deliberately take actions that are prohibited by the rule of law. The notary is not an investigator of the deeds he makes, but is only limited to making authentic deeds against the wishes of the parties in his position as a public official.. This research aims toknow and analyze about Legal Protection for Notaries against Making Deeds Based on Forgery of Documents by Appearers. (Study of the Decision of the Supreme Court of the Republic of Indonesia Number: 385 K/PID/2006), and to find out and analyze the Legal Position of Deeds made by Notaries Based on Fake Documents by Appearers. The approach method in this study is the normative juridical approach. The specification of this study uses descriptive analysis specifications. The data required includes primary data, which consists of the 1945 Constitution; Act No. 2 of 2014; Criminal Code; The Criminal Procedure Code; Code of Civil law; Notary Code of Ethics, as well as secondary and tertiary data containing books and other supporting documents. Taken by the method of data collection by way of library research (Library Research). Methods of data analysis using qualitative methods. Based on the research concluded Legal protection for Notariesin the Case of the Decision of the Supreme Court of the Republic of Indonesia Number 385 K/Pid/2006 the Judge stated that the Defendant's actions were proven but not a criminal act, so that the Defendant was released from all lawsuits and that in the a quo case, the Defendant as a Notary was not authorized to examine whether or not the Underhand Power of Attorney submitted by the Appellant. The legal status of a deed made by a Notary based on fake documents is null and void.Keywords: Documents; Fake; Notary; Protection; Public.
The Legal Policy towards the Prevention of the Land Mafia Base of Implementing the Land Registration System Novita, Ita
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the building of a land registration system that is free from land mafia practices, and to identify and analyze obstacles in preventing land mafia in the land registration system. The research approach method used in this journal is the normative juridical research method. The specification of this research uses descriptive analysis. The type of data used in this study is primary data which includes the 1945 Constitution; Act No. 5 of 1960; Basic Agrarian Law; Code of Civil law; The Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data by studying documents or library materials. The data analysis method used in analyzing the data isnormative or literary research methods, this research is conducted to obtain more in-depth knowledge about the land registration system and the prevention and eradication of the Land Mafia by individuals and/or groups. Based on the research it was concluded that there is a need for a regulation on the system as well as an increase in good supervision by the central government and an increase in certificate products and guarantees of accountability for formal certificate products. Barriers to preventing the land mafia in the land registration system arethe unavailability of a legal umbrella and formation policyalternative dispute resolution (ADR) on land conflict/dispute resolution and the synergy of parties who have special authority in preventing and eradicating the land mafia, namely the Police, Prosecutors' Office, Courts, PANJA Land Mafia.Keywords: Land; Mafia; Registration; System.
Settlement of Inherited Land Disputes Due to Transfer of Rights on the Basis of Sale and Purchase Marliah, Yeyen; Dwi Istinah, Siti Rodhiyah
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze: 1) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the consent of the heirs intestasto. 2).              The judge's considerations in determining the decision to settle inherited land disputes as a result of the transfer of rights on the basis of sale and purchase in decision number: 01/Pdt.G/2013/PN.TGL. The approach method used in this research is a normative juridical approach. The specification of the research used is descriptive analytical research. Type of data using secondary data. The data analysis method used in this research is descriptive qualitative analysis. The results of the study concluded: 1) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the approval of intestasto heirs, namely that can be realized through complaints to the National Land Agency (BPN) and by filing lawsuits in court. If it is proven that there is an element of forgery and an element against the law, the judge will cancel the sale and purchase. The cancellation of the deed of sale and purchase is a form of repressive protection given to the heirs of inherited land that is sold without the consent of the heirs intestasto. 2) The judge's considerations in determining the decision to settle an inherited land dispute as a result of the transfer of rights on the basis of sale and purchase in the decision number: 01/Pdt.G/2013/PN.TGL, namely the basis for the judge's consideration has fulfilled justice for the land owner because the intestasto heirs have property rights of the land and the heirs may not be harmed. The deed of sale and purchase of the object of the dispute is proven to have violated a person's subjective rights as well as decency, as stipulated in Article 1365 of the Civil Code, and therefore the Defendants here have committed an unlawful act.Keywords: Buy; Dispute; Inheritance.
The Role of a Notary in the Distribution of Inheritance Based on the Inheritance System of Indonesian Citizens Al Jawad Alkaf, Mohamad Taqi
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

. This study examines and analyzes the role of a notary in the distribution of inheritance based on the inheritance system of Indonesian citizens. Analyze the notary's constraints in the distribution of inheritance based on the inheritance system of Indonesian citizens, and formulate the ideal role of the notary in the distribution of inheritance based on the inheritance system of Indonesian citizens which guarantees legal certainty for heirs. The research method used in this study is sociological juridical, while the data collection method used is library research by collecting legal materials in the field and interviews. The data analysis method was carried out qualitatively and then presented descriptively. This research resulted in the notary's accountability authority in making a testamentary deed which still follows the provisions in article 16 UUJN Law No. 2 of 2014 concerning the Office of a Notary. Article 16 of this UUJN makes provisions regarding the requirements for a notary in forming a deed, if one of the conditions referred to is not met, the deed in question only has the power of proof as a private deed. Notaries who violate these provisions may be subject to sanctions in the form of written warnings, dishonorable discharges. In addition to being subject to these sanctions, the party that suffers a loss can demand reimbursement of costs, compensation, and if it is proven that the notary has committed a violation of the UUJN, such as falsifying the identities of the parties, falsifying signatures, then the notary can be held criminally responsible. The results of the study found that the role of a notary in the distribution of inheritance based on the inheritance system of Indonesian citizens, in serving the public in accordance with professional ethical morals and laws is to confirm acts in private law in the form of authentic deeds as perfect evidence with the aim of providing legal certainty as well as protection. law to related parties. Notaries have authority in the distribution of Islamic inheritance, but according to Notary Muhammad Sauki, SH, it is the court that has full authority to determine recognition and termination legally. Keywords: Inheritance; Law; Notary.
Juridical Analysis of Deeds of Peace Made in the Presence of a Notary in Resolving Civil Disputes Outside of Court Zaenudin, Ahmad; Djunaedi, Djunaedi
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In resolving civil disputes, courts are often seen as the only way to achieve justice. However, in some cases, parties involved in a dispute can reach an amicable agreement outside of court through a mediation or negotiation process. One of the tools used to record this peace agreement is a peace deed made before a Notary. The reality that occurs in dispute resolution carried out by the courts is that it is considered slower and ineffective and is still felt to be detrimental by many parties. There are so many inherent weaknesses that it is considered necessary to have methods or institutions for resolving disputes outside of court even though the case has been tried in court. In this case the research focuses significantly and examines and discusses in order to be able to analyze so that one can find out about the Role and Responsibilities of Notaries in Settlement of Disputes Peacefully. In this case the responsibility of a Notary is not responsible for the contents of the deed made before him, but the Notary is only responsible for the formal form of an authentic deed as stipulated by law. This legal research also aims to determine the role of a notary in settlement with conciliation outside the court, the responsibility of a notary in resolving disputes against a deed of reconciliation made before a notary and to analyze research on the strength of law against a deed of reconciliation made before a notary. This type of research is sociological juridical research with an interview study approach, direct observation of several notaries who are experts in their field, as well as looking at the applicable laws and regulations (statute approach) which discuss the position of notary, and a case approach. The legal materials used in this legal research are primary legal materials with the data collection techniques used are interview studies and direct observation in the field.

Page 6 of 26 | Total Record : 252

 4   5   6   7   8 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol 4, No 3 (2025): July 2025 Vol 4, No 2 (2025): April 2025 Vol 4, No 1 (2025): January 2025 Vol 3, No 4 (2024): October 2024 Vol 3, No 3 (2024): July 2024 Vol 3, No 2 (2024): April 2024 Vol 3, No 1 (2024): January 2024 Vol 2, No 4 (2023): October 2023 Vol 2, No 3 (2023): July 2023 Vol 2, No 2 (2023): April 2023 Vol 2, No 1 (2023): January 2023 Vol 1, No 4 (2022): October 2022 Vol 1, No 3 (2022): July 2022 Vol 1, No 2 (2022): April 2022 Vol 1, No 1 (2022): January 2022 More Issue