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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 Review of Dualism in the Regulation of Release of Land Rights by Notaries and Sub-district Heads Swastika, Rona
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

Land ownership rights are legal rights or powers held by a person or an entity over a piece of land to use, control, and enjoy the land. It is determined for private parties or companies that wish to have land rights, the land ownership status that will be used for commercial development is required to experience degradation of rights, namely a decrease in land status that can be done in various ways, one of which is the release of rights followed by an application for new rights. A series of processes that must be taken to change the Land Ownership Certificate to Building Use Rights, the owner is required to have a Land Rights Release Statement Letter (SPPHT) or a Land Rights Release Deed to release the land status. It is stated in the Regulation of the Minister of Agrarian Affairs that the authority for the land rights release statement letter is two of them, namely the Notary and the Sub-district Head, each of whose authority is based on laws and government regulations. In examining the problem of this dualism of regulation, the author uses a normative research method with a legislative approach, a conceptual approach, and an analytical approach. Using secondary data sources from primary, secondary, and tertiary legal materials. The data collection method is carried out by literature study. The data analysis method uses a prescriptive method. The results of the study show that both officials, namely the Notary and the Sub-district Head appointed in the process of releasing land rights, both receive the authority in the form of attribution. However, the authority of the SPPHT according to the normative hierarchy is the authority of the Notary which cannot be replaced. In order to achieve legal objectives, the government grants the authority to issue one of them by the Sub-district Head. The existence of dualism brings benefits of convenience for people who live in areas not yet reached by Notaries, but there are also shortcomings, namely disharmony of regulations and inconsistencies in the mechanism for preparing documents. Both legal products in the form of a deed of release of rights made by a Notary and a statement of release made by the Sub-district Head both have legal force, are valid, and bind the parties.
Implementation of Land Registration Policy Complete Systematic in Realizing Legal Certainty for Rights Holders in Kendal Regency Akbar, Ahmad Faiz; Purnawan, Amin
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

This study discusses the Implementation of the Complete Systematic Land Registration Policy (PTSL) in realizing legal certainty for rights holders in Kendal Regency. PTSL aims to provide legal guarantees for land ownership rights through systematic and integrated land registration. This study uses an empirical legal approach to analyze how PTSL is implemented and the obstacles faced in Kendal Regency. The results of the study indicate that the implementation of PTSL is hampered by limited human resources, minimal budget, and low public awareness of the importance of land certification. These obstacles have the potential to hinder the achievement of PTSL goals, namely creating justice, benefits, and legal certainty for all land owners in Kendal Regency. In the analysis using the theory of legal objectives, the implementation of PTSL is expected to be able to answer the community's need for legal certainty and encourage welfare through more productive use of land assets. Using Talcott Parsons' Structural Functionalism theory, this study also found that PTSL plays an important role in maintaining social stability by strengthening integration between the government, village officials, and the community. Recommended solutions include increasing socialization to the community about the benefits of land certification, increasing budget allocations, and increasing human resource capacity to support the smooth implementation of PTSL.
The Occurrence of a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Notary's Deed of Sale and Purchase in Semarang Regency Zahra, Nabila Kartika; Darmadi, Nanang Sri
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 land sale and purchase process must be made in the form of an authentic deed made by an authorized official, in this case a Notary and/or PPAT (Land Deed Making Official). In a sale and purchase, there is a transaction price that must be stated in the deed. However, the price stated in the Sale and Purchase Agreement deed does not match the actual transaction price. The purpose of this study is to analyze: 1) Why There Is a Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement. 2) How to Anticipate So That There Is No Difference Between the Actual Transaction Price and the Transaction Price Listed in the Deed of Sale and Purchase Agreement.This type of research is empirical legal research. The approach method in this research is a Qualitative approach. The types and sources of data in this research are primary and secondary data obtained through interviews and literature studies. The analysis in this research is Descriptive Analytical. The results of the study found that the factor of the difference in transaction prices was to avoid high taxes so that the parties wanted to include a cheaper price in the Notary Sale and Purchase Agreement compared to the actual transaction price. To anticipate this, namely by integrating the National Land Agency (BPN) with the Regional Finance Agency (BKUD), this will make it easier to carry out land sales and purchases.Keywords: Buying; Notary; Selling; Transaction.
Comparative Distribution of Inheritance Assets Against Adopted Children Based on the Compilation of Islamic Law and Civil Law Aulia, Febriana Putri; Kusriyah, Sri; Suwondo, Denny
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. This study aims to examine and analyze the legal status of adopted children regarding the distribution of inheritance assets in terms of the Compilation of Islamic Law and Civil Law, as well as to analyze the responsibilities of Notaries in making wills for adopted children. The approach method used in this study is a normative juridical approach. The specifications of this study use descriptive analysis. The type of data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature studies. The data analysis method used in this study uses qualitative analysis methods. The research results show that the distribution of inheritance to adopted children differs. This provision can be seen from the perspective of the Compilation of Islamic Law, as regulated in Article 209 of the Compilation of Islamic Law, which states that "...The granting of inheritance to adopted children through a mandatory will is a maximum of ⅓ of the inheritance assets "based on the decision of the Religious Court, then the mandatory will deed is made by a Notary,while the distribution of inheritance to adopted children referring to Staatsblad 1917 Number 129 considers adopted children to be equal to biological children but according to the Civil Code the child cannot be an heir so that in the inheritance of adopted children can be given the inheritance of adoptive parents through a testament by considering Legitimie Partice. The main difference between these two perspectives is that in the Compilation of Islamic Law the granting of inheritance to adopted children is limited to no more than 1/3 of the portion through a mandatory will, while in Staatsblad 1917 Number 129 adopted children are given the same rights as biological children. However, both have similarities, namely they have the right to receive property from their biological parents but the granting is done in different ways.
The Regency Government's Efforts in the Complete Systematic Land Registration Program Perdana, Valent Dika Wahyu; Rodhiyah, Siti
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 speed of Complete Systematic Land Registration Program (PTSL) prioritizes the smooth running of the process, but without neglecting the precision and thoroughness, prudence and accuracy in handling it. This study aims to: 1) Know and analyze the efforts of the Jepara Regency Government in the Complete Systematic Land Registration program at the Jepara Regency Land Office 2) Know and analyze the obstacles faced by the Jepara Regency Government in carrying out the Complete Systematic Land Registration program at the Jepara Regency Land Office 3) Know and analyze how to overcome these obstacles in the implementation of the Complete Systematic Land Registration program at the Jepara District Land Office. The legal research used is an empirical legal research approach. The specification of the research used is analytical descriptive in nature, namely research that describes legal phenomena, describes in a factual and accurate systematic manner the government's efforts to realize a certified land program for the people in the work area of the Jepara Regency Land Office and provides an assessment of the results of the description without intending to provide conclusions that are general. The results of the research and discussion show that the Jepara Regency Government's efforts in the Complete Systematic Land Registration program at the Jepara Regency Land Office are by carrying out the Complete Certificate Land Registration (PTSL) program in every sub-district in Jepara Regency.Keywords :  Effort; Government; Systematic.
The Juridical Review of Making a Marriage Agreement Deed Based on a Decision of the Jepara District Court Rahmawati, Dewi
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

The implication of the Constitutional Court Decision Number 69/PUU-XIII/2015 on the making of a marriage agreement deed after marriage made before a Notary changes the legal mechanism for making a marriage agreement. On a scientific basis, writing is motivated to carry out a scientific study in the form of systematic and fundamental research with the title "Juridical Review of Making a Marriage Agreement Deed Based on a Jepara District Court Decision (Case Study of Decision No.46/Pdt.P/2020/Pn.Jpa)". The research method used is a Normative juridical approach, namely legal research that uses primary data as initial data, which is then followed by secondary data or field data, in the form of interviews with District Court Judges to find relationships (correlation) between various symptoms or variables as a data collection tool. consisting of document studies, observations (observations), and interviews (interviews). Researching the Juridical Review of Making Marriage Agreement Deeds Based on Jepara District Court Decisions. In Article 1338 of the Civil Code, besides that it is also based on universally applicable provisions that the District Court is prohibited from rejecting any application and/or case that is submitted and Legal Certainty Regarding the Making of the Deed of Marriage Agreement Based on the Decision of the Jepara District Court, namely the legal consequences that arise from making a marriage agreement after marriage, namely: against the party who made it, where the marriage agreement is legally binding for the husband and wife who make it comply with the agreement contained in the marriage agreement; with regard to marital assets, each husband and wife will become stronger legally, both regarding the separation of assets and debts incurred after the marriage agreement.Keywords: Agreement; Deed; Determination; Marriage.
The Legal Protection for Land Rights Holders Due to Loss of Data Alam, Bahrul
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

In its history before the enactment of the UUPA there was a dualism of Agrarian Law in Indonesia. This dualism in agrarian law is more detrimental to indigenous groups, because customary law governing lands with customary rights is an unwritten law, while on the other hand land with western rights is regulated by written western law. Registration for lands subject to western law aims to provide legal certainty guarantees known as Rechts Cadaster or Legal Cadaster.The formulation of the problem in this study are: 1)legal protection for land rights holders due to loss of data at the Kendari City Land Office, 2) the impact of loss of land records on community land rights in Kendari City, 3) legal aspects of legal protection of land rights resulting from data recovery.The method used by researchers isnormative legal approachandspecifications in this study are included in the analytical descriptive.The sources and types of data in this study are primary data obtained from field studies by interviewingBPN in Kendari City.And secondary data obtained from literature studies. Based on the results of research that legal protectionagainst land rights holders due to loss of data at the land office namely1)BPN only provides legal protection to certificates of land rights whose archives have been restored; 2) The purpose of data recovery is to provide legal protection for land rights whose records have been lost/destroyed. BPN recovers data and re-approves land certificates and books as well as measurement papers based on Article 18 Perkaban Number 6 of 2010. The impact of the loss of land records on community land rights in Kendari City is 1) the loss/destroy of land records can weaken the strength of evidence of a certificate as evidence of land rights; 2) the impact of the destruction of land records results in certificates of land rights whose data cannot be used as evidence before being recovered before committing legal acts; 3) loss or destruction of land records does not necessarily eliminate/remove the right to the land in question. Legal aspects of the legal protection of land rights resulting from data recovery are 1) Substantial Aspects, 2) Structural Aspects, 3) Cultural Aspects.Keywords: Land; Protection; Rights.
The Role of Notary in Interbank Credit Take Over Putri, Ristien Gita Eka; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Credit Take Over is the provision of credit facilities by banks/non-banks with the aim of paying off the debtor's debt obligations at a particular bank accompanied by taking over the collateral to serve as collateral for the provision of credit facilities. In practice, loans that are guaranteed by collateral are often carried out by take over. This study aims to determine the regulation of the role of a Notary in interbank credit take over and to know and understand the implementation of the role of a Notary in interbank credit take over. The type of research used is to use empirical juridical methods with the nature of descriptive analysis research. The implementation of this method is to collect data from various literature and legal theory as well as about the role of a Notary in taking over interbank credit. The results of the study show that, according to UUJN No. 2 of 2014 Article 1. Notaries in carrying out their duties and authorities must comply with the regulations in UUJN or Government Regulations regarding Notaries, and must obey and adhere to what is the Notary's code of ethics. The role of a Notary in making authentic deeds, especially those related to authentic Deeds of taking over credit, is an effort to provide legal certainty to the parties. This is where the role of the Notary is in realizing the precautionary principle so that problems do not occur in the future which can harm the parties to the deed, as well as harm the Notary himself. Keywords: Credit; Notary; Take Over.
The Legitimacy of the Deed of Power of Attorney Imposing Mortgage Right Signed Before the Date of the Deed Issuance in the Conception of Legal Certainty Akirin, Akirin
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 mechanism for signing a notarial deed is not only limited to the issue that the deed must be signed, but the signing of the deed must also be before a notary as stipulated in Article 16 paragraph (1) UUJN. The purpose of this study is to analyze the provisions for imposing mortgage rights under the current law, the factors behind the signing of the Deed of Power of Attorney for imposing mortgage rights before the date the deed is issued or in other words the deed is signed without being given the date and number of the deed, and legal consequences of signing the Deed of Power of Attorney to incur Mortgage before the date the deed is issued, in other words the deed is signed without being given the date and number of the deed. The research approach method used in this thesis is a sociological juridical legal 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. 2 of 2014; Mortgage Act; Code of Civil law; as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and study of documents or library materials. The results of the study show that the provisions regarding the deed of Power of Attorney Imposing Mortgage made by a Notary are fully regulated by law, so the signing of the Deed of Power of Attorney Imposing Mortgage made by a notary without being given a date and number has legal consequences that the deed made by the notary only has the force of law as a deed under the hand because it is not in accordance with the provisions of Article 16 paragraph (1) of Act No. 2 of 2014 amendment to Act No. 30 of 2004 Concerning the Office of a Notary.Keywords: Attorney; Power; Signature.
Legal Uncertainty in Legal Protection for Notaries Holding Protocols from Notaries Making Protocols Who Have Died in Tegal City Zamzuri, Mohamad
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

Notaries in carrying out their duties as notaries who hold protocols often receive criminal and civil lawsuits and complaints to the MPD due to defects in protocols made by other notaries who are notaries who make protocols. The type of research used in this article is sociological or empirical legal research which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Based on the study in this paper, it is understood that legal protection for Notaries holding protocols from Notaries making protocols who have passed away in Tegal City has not yet been realized optimally, this is shown by the fact that some people are still filing criminal and civil lawsuits against Notaries holding protocols when the protocol made by the Notary making the protocol who has died is known to be problematic.

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