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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 277 Documents
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Responsibility of Land Deed Making Officials (PPAT) for Making Deeds of Sale and Purchase of Joint Property Objects Transferred Without the Consent of the Wife Ayu, Sheila Hanifa Rosi
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 study aims to analyze: 1) The legal consequences of making a deed of sale and purchase of joint property objects transferred without the wife's consent. 2) The responsibility of the land deed making official (PPAT) for making a deed of sale and purchase of joint property objects transferred without the wife's consent. The approach method used in this study is the case study approach and the statutory approach. This type of research is qualitative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The legal consequences of making a deed of sale and purchase of joint property objects transferred without the wife's consent are invalid or null and void, because the making of the deed of sale and purchase before the PPAT is not based on honest intentions. This also results in the PPAT being involved in an unlawful act. A deed of sale and purchase that is declared to have no binding legal force results in the deed becoming an underground deed, and the sale of the land becomes invalid or null and void. This causes losses to the parties, especially in this case the Buyer. With the cancellation of the sale and purchase transaction, the sale and purchase transaction is considered to have never occurred so that the status of the land should return to its original state. 2) The responsibility of the land deed making official (PPAT) for making a deed of sale and purchase of joint property objects transferred without the wife's consent is an absolute responsibility caused by the PPAT being less careful and cautious in making the deed of sale and purchase. As in Article 1366 of the Civil Code, everyone is responsible not only for losses caused by their actions, but also for losses caused by their negligence or lack of caution. By stating that the deed of sale and purchase is contrary to the law, it will cause losses for the buyer, so that the PPAT must also be responsible for the material losses suffered by the parties.Keywords: Deed; Joint; Property; Purchase.
The Juridical Analysis of the Implementation of the Notary's Recusal Rights in Maintaining the Confidentiality of the Contents of the Deed Yudana, Median Eka; Sulchan, Achmad
Jurnal Konstatering Vol 3, No 2 (2024): April 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The application of the notary's right of recusal in maintaining the confidentiality of the contents of the deed he or she has made as regulated in the UUJN is not absolute, considering that it is still possible if other laws order it. Thus, the Notary cannot use his Right of Rejection if the deed he makes is related to Corruption Crimes (Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes) and Tax Violations (Law Number 14 of 2002 concerning the Tax Court ). The use of the Right of Refusal when a Notary is a witness in a court trial is not immediate, meaning it takes effect immediately. But if the notary wants to use his right of refusal, he is obliged to come and fulfill the summons and must make a letter of request to the judge who is hearing/examining the case, that the notary will use his right of refusal. Upon the Notary's request, the Judge examining the case in question will determine whether to grant or reject the Notary's request. 2) The legal consequences for a notary who discloses the confidentiality of the contents of the deed he or she has made may result in sanctions, namely criminal threats, civil threats and sanctions according to the Law on Notary Positions ranging from a reprimand to dishonorable dismissal. However, notaries will be given legal protection for Notaries who reveal the contents of the deed, namely Notaries who reveal the contents of the deed with the approval of the interested parties to maintain public trust in the Notary profession and/or Notaries who, because of their position, are asked to explain the contents of the Deed they have made before the court, automatically the Notary receive legal protection as a witness and are free from all charges.
Termination of Taxi Rental Purchase Agreement Between Members of Pandawa Taxi Cooperative and PT Bank Bri Persero Unit Pudakpayung Yogyakarta Rizky, Baharian
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

An agreement or contract must meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. The purpose of this study is to determine and analyze the termination of the taxi rental purchase agreement between members of the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta and the legal consequences of the termination of the taxi rental purchase agreement between members of the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta. The approach method in this study is empirical legal research. The types of data in this study are primary data and secondary data obtained from library research and field research and analyzed qualitatively with descriptive methods. The results of the study concluded that the responsibility of the management of the Pandawa Taxi Cooperative as a guarantor if the cooperative member is in default is based on the cooperation agreement between the Pandawa Taxi Cooperative and PT Bank BRI Persero Unit Pudakpayung Yogyakarta with the settlement of the default committed by the cooperative member will be resolved.
Optimization of Land Services Through Adoption of Electronic Land Certificates Oktavianto, Ridho; 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

Abstract. This study aims to analyze: 1) The legal certainty of electronic land certificates in order to optimize land services. 2) The impact of the adoption of electronic land certificates on the security of data related to land ownership. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal certainty of electronic land certificates in order to optimize land services plays an important role in efforts to optimize land services in Indonesia. Electronic land certificates, which have been regulated through various regulations such as the Regulation of the Minister of ATR/BPN Number 3 of 2023 and supported by provisions in the ITE Law and the Job Creation Law, provide a guarantee of legality and legal validity that is equivalent to conventional land certificates. This ensures that transactions or disputes involving electronic documents can be recognized and resolved legally. 2). The impact of the adoption of electronic land certificates on the security of data related to land ownership, namely from the positive side, the technology used, such as encryption and digital signatures, ensures the integrity and confidentiality of land data. This electronic system allows for centralized storage that reduces the risk of physical data loss due to damage or disaster. In addition, the verification process becomes more efficient and accurate, reducing the potential for disputes related to land ownership. However, this adoption also presents challenges, such as the threat of hacking that requires high-level cybersecurity, dependence on reliable technological infrastructure, and the need to educate the public to understand and utilize this system properly. By strengthening the security system and increasing public awareness, electronic land certificates can improve the efficiency of land services while providing better legal protection for community land rights.Keywords: Certificate; Electronic; Optimization.
Legal Position of Buy Buck Guarantee Agreement in Guaranteeing Home Ownership Credit Facilities at PT. Bank Tabungan Negara, Sharia Branch, Kendari City Alghifary, Dhio Alif Utama; Adillah, Siti Ummu
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.This study aims to determine and analyze the legal position of the buy back guarantee agreement as collateral in home ownership credit at PT. Bank Tabungan Negara Cabang Syariah Kota Kendari, to determine and analyze the legal protection of users (customers) in the Buy Back Guarantee for down payments that have been paid to developers and credit installments that have been paid to the bank. The approach methods in this study are the statutory approach (Statue Approach), Conceptual Approach (Conceptual Approach), and Case Approach (Case Approach). This type of research is an empirical legal research. The types and sources of data in this study are primary data and secondary data which include primary legal materials, secondary legal materials and tertiary legal materials. The primary data collection method uses observation and interviews, for secondary data using document studies and literature studies. The data analysis method uses qualitative descriptive, using the theory of legal protection, the theory of legal certainty and the theory of justice. The results of the study indicate that the legal position of the buy back guarantee agreement as collateral in home ownership credit at PT. Bank Tabungan Negara Cabang Syariah Kota Kendari is the position of the buy back guarantee agreement as an accessoir agreement, namely pancillary agreements and their existence are intended to support the main agreement, so that if the main agreement is cancelled, the accessory agreement (liability rights) will also be cancelled. And the legal protection of users (customers) in the buy back guarantee for down payments that have been paid to the developer and credit installments that have been paid to the bank is the legal protection of users/customers in the buy back guarantee has not been legally protected because it has not been regulated in the legislation. Therefore, down payment payments to developers and credit installments to banks cannot be returned and become the risk of the user/debtor.Keywords: Agreement; BuyBack; Guarantee; Position.
The position receipt As a Proof of Land Sale and Purchase in the Conception of Legal Certainty Ariza, Billy
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 examine and analyze the position receipt As evidence of buying and selling land in the conception of legal certainty. To analyze legal consequencesreceiptsale and purchase of land in the concept of legal certainty. The research approach method used in this thesis is an empirical juridical legal research method and the nature of this research is analytical descriptive.Data collection was carried out through a literature studyin order to obtain secondary data, whether in the form of primary legal materials, secondary legal materials, or tertiary legal materials.To support the research that has been done, field research was also carried outin order to obtain primary data that supports secondary data. The technical analysis used in this study is a qualitative analysis technique. The research results show thatthe fulfillment of the elements of sale and purchase (agreement) as contained in Article 1320 of the Civil Code in conjunction with Article 1457 of the Civil Code.Even though buying and selling underhand is legal based on the principle of freedom of contract and the existence of an agreement between the parties, it cannot be said to be valid in managing the registration process for the transfer of names because there are several administrative requirements that have not been met, namely formal requirements and to obtain the transfer of land rights and transfer of names. must have a deed drawn up by PPAT because the transfer of land rights through buying and selling land must be proven by a deed drawn up by PPAT. Because of lawinside receiptsale and purchase of land rights carried out privately, if a dispute arises between the seller and the buyer, the private deed can still be refuted and only has perfect evidentiary strength if it is acknowledged by both parties, or strengthened by other evidence. Therefore, it is said that the deed under the hand is the beginning of written evidenceandIf you want to transfer the name, the parties, both the seller and the buyer, must make a sale and purchase deed drawn up by the PPAT as the basis for transferring the name at the BPN office.Keywords: Evidence; Purchase; Sale. 
The Legal Analysis Related to Compensation in Land Procurement for the Construction of the Semarang-Demak Toll Road Kencana, Dyah Ayu Manggar; Riyanto, Taufan Fajar
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

The land has a vital function in this country, this is because in one dimension land has the function of fulfilling the needs of human life personally and in another dimension land also has a social function to meet the needs of national development. The social dimension of land creates a system of compensation for every individual in society whose land is affected by land acquisition for development in the public interest. The implementation of compensation within the framework of land acquisition for development for the public interest has in fact not met the expectations of the community, especially in the Semarang-Demak toll road construction project. This article examines the issue of compensation in the procurement of land for the construction of the Semarang-Demak toll road, which is still far from the expectations of the community. The method used in this paper is normative juridical. Keywords: Acquisition; Compensation; Land.
The Juridical Implications for Refusal of Transfer of Land Rights based on The Deed of Purchase Agreement by The National Land Agency Sundari, Tiar Novi
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

The sale and purchase of land rights and their registration have been determined in the UUPA and the laws and regulations under it, the existing regulations stipulate that the transfer of land rights through the sale and purchase must be with the PPAT Deed. The Sale and Purchase Deed must be immediately registered with the Land Office related to legal certainty for the new owner as the holder of the land rights. This study uses an empirical juridical research approach, used to provide a qualitative description of the juridical implications of the rejection of the transfer of land rights. The results of this study are 1) The authority regarding refusing the transfer of land rights through a sale and purchase agreement as described above is the administrative authority at BPN as regulated in Government Regulation Number 24 of 1997 concerning Land Registration. 2) The juridical implications of the rejection of the transfer of land rights through a sale and purchase agreement by the National Land Agency, namely Article 45 paragraph (2) states that if there is a refusal by the Head of the Land Office, this will be submitted in writing, including the reasons for the refusal.Keywords: Buying; Refusal; Transfer.
Implementation of Credit Restructuring as a Step for Bank Financial Rescue Sulistianto, Bayu; Darmadi, Nanang Sri; Hasana, Dahniarti
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

One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
Analysis of the Position of Wills as an Effort to Anticipate Disputes over the Distribution of Inheritance Assets Aziz, Agus Hiftirul
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

The death of someone who left a will often creates disputes between heirs because the contents state that they will give their property to one person in excess of the share that the other heirs should receive, giving rise to jealousy and feelings of injustice. In order to provide justice and legal certainty for heirs regarding their shares, the state has regulated this in a legal regulation called inheritance law. Inheritance law explains the maximum limit for giving assets in a will and the portions that each heir will and must receive. This research aims to find out and analyze the position of testamentary deeds in anticipating disputes over the distribution of inheritance and the role of the Inheritance Agency in implementing testamentary deeds and issuing certificates of inheritance rights as an effort to anticipate disputes over the division of inheritance. By using the Sociological Juridical study method, we can find the reality in the field in research. This method seeks data by means of interviews and data found in the field, to then analyze the legal problems that occurred in the case. In the research process carried out, it was found that wills in the distribution of inherited assets have an important position and their implementation always takes priority, although it does not rule out the possibility of problems or disputes for both the recipient of the will and the heirs, then the Inheritance Property Center is the agency that has the role and authority in opening will and make a certificate of inheritance rights for the share received by each heir.

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