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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 298 Documents
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Legal Consequences of Binding the Sale and Purchase of Land Rights Under Hands That Have Been Warned by a Notary Prahmono, Siget
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

The researcher conducted this research with the intention of knowing and analyzing the legal status of PPJB for private land rights that have been Waarmerking and also to find out and analyze whether a PPJB for private land rights that has been Waarmerking must make a Deed of Sale and Purchase. In this study, a sociological legal approach will be used and primary data will be used as the main data, namely the results of interviews conducted with Mrs. Arini Sutanti, S.H., M.Kn. She is one of the Notaries in Temanggung Regency and is also supported by secondary data from a number of sources which are then analyzed and processed using qualitative methods in order to obtain a conclusion. The results of the study show that the sale and purchase agreement for land rights carried out privately which was then carried out by Waarmerking efforts by the Notary does not affect the authenticity of the contents or signatures contained in the deed, the role of Waarmerking is only limited to entering it in the Notary's book as an archive if at some point the agreement letter is lost or damaged, so that all parties who bind themselves do not have to re-make the agreement letter. This means that the evidentiary power and status of the Waarmerking itself can be interpreted as if the Notary has no responsibility for the contents and signatures contained therein, so the related parties will only have responsibility for the contents and signatures contained in the letter.
Notary's Responsibility in Making a Cover Note as a Basis For Disbursement of Consumer Financing at Bank Syariah Indonesia in The Lampung Area Maturohmah, Nur Naim
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

A notary is a public official who is authorized to make authentic deeds and has other authorities regulated in a special law, namely the Notary Law. A notary can make a statement letter in the process of providing financing by a bank which is also called a Cover Note, which is a custom in the banking world as well as being a means of evidence and a reference for both the bank and the notary himself. The contents of the Cover Note consist of what work the notary does, the time period for completing the notary's work. The problems in this study are 1) How is the notary's responsibility in making a Cover Note as the basis for disbursing financing at Bank Syariah Indonesia Lampung Area? 2) What are the legal consequences for the notary for the cover note that has been made for the disbursement of financing at Bank Syariah Indonesia Lampung Area? The research method used is juridical-empirical. While this research is descriptive-analytical. This study aims to determine how the notary's responsibility is in completing his work as stated in the Cover Note and the legal consequences for the notary for the Cover Note that has been issued. The theories used are the Theory of Legal Responsibility and the Theory of Legal Protection. Until now, there has been no specific regulation governing the Notary's obligation to issue a Cover Note so that the Notary can be held personally responsible because it is related to the Notary's reputation risk to the bank, but if the information conveyed in the Cover Note causes a loss, the Notary can be held legally responsible, both civilly and criminally.
Urgency of Changing the Notary Law as a Form of Legal Protection for Notaries and Their Clients Aqil, Muhammad Zumri; Hafidz, Jawade
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 analyze: 1) The legal force of the Notary Law in providing legal protection for notaries and their clients at this time. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients. This type of research is included in the scope of normative legal researcp. This type of research is normative legal researcp. The approach method in this study is the Legislation approach (statue approach). The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the Notary Law in providing legal protection for notaries and their clients at this time, namely Protection for notaries is reflected in the regulation of authority in Article 15, the summons mechanism in Article 66, and supervision through the Notary Supervisory Board as regulated in Articles 67–81. Meanwhile, clients receive legal guarantees through Article 16 which affirms the independence of notaries, Article 54 which regulates the confidentiality of deeds, and Articles 84–85 which give clients the right to claim compensation in the event of a violation. 2) The form of change needed so that the Notary Law is more optimal in protecting notaries and their clients, namely one change needed is strengthening the mechanism for summoning notaries by law enforcement officers in Article 66, by setting a time limit for the Notary Honorary Council (MKN) to provide approval to prevent potential abuse of authority. In addition, Article 15 needs to be updated to accommodate the legality of electronic deeds, so that notaries can adapt to technological developments and provide more efficient services. In order to ensure transparency and certainty for clients, Article 16 must regulate the obligation of notaries to include a list of official fees, so as to prevent illegal levies that can harm users of notary services. In terms of law enforcement, Article 85 needs to be strengthened with stricter sanctions, such as the implementation of administrative fines and a blacklist system for notaries who are proven to have committed serious violations. Keywords: Client; Legal Protection, Notary; UUJN. 
Legal Implications of Substantive Typing Errors in The Preparation of Notarial Deeds (RI Supreme Court Decision Number 1069 K/PDT/2020) Sulistyawali Prabesa, Putu Shannen
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

The making of notarial deeds is an integral part of the civil law system in Indonesia which has perfect evidentiary power (authentic deeds). However, in practice, errors often occur in the process of making deeds, both formally and substantively, which can give rise to legal disputes in the future. This study aims to analyze the legal implications of substantive errors in the making of notarial deeds based on the Decision of the Supreme Court of the Republic of Indonesia Number 1069 K/Pdt/2020. This study uses a normative legal method with a statutory approach and a legal concept analysis approach. The data sources used are secondary data through literature studies including primary legal materials, secondary legal materials, and tertiary legal materials. Here, the data collection method uses the literature study method and is analyzed using the content analysis method. The results of the study indicate that substantive errors made by notaries, such as including identities or statements that do not comply with the wishes of the parties, can result in the cancellation of the deed as authentic evidence. In its ruling, the Supreme Court emphasized that substantive errors constitute a violation of the principles of prudence and notarial responsibility, which can result in legal consequences in the form of civil liability, even administrative or criminal sanctions. Therefore, notaries are required to carry out their official functions professionally, diligently, and in accordance with applicable laws.
Policy of Land Procurement Committee in Determining Validation of Land Fields Between Regulation & Implementation in Toll Road Construction Mizan, Muhammad Lazuardi Azra; Gunarto, Gunarto
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 determine and analyze the policy of the land acquisition committee in determining the validation of land parcels in toll road construction. This research method uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that1) The policy regulation of the land acquisition committee in determining the validation of land parcels in toll road construction already has a strong legal basis and also goes through 8 (eight)activity stagesland acquisition for toll road construction. 2) The implementation of the policy of the land acquisition committee in determining the validation of land parcels in toll road construction is good, this can be seen from the number of lands that have been successfully acquired, of the 2,214 plots of land needed there are only 3 plots of land that have a dispute and even then because of a writing error and can be resolved properly through deliberation between the owner of the aggrieved land parcel and the Procurement Committee. Land for road construction. 3) The review of Islamic law regarding the regulation and implementation of the policy of the land acquisition committee in determining the validation of land parcels in the construction of toll roads is already in accordance with the principles of Islamic law, because the land acquisition committee has held deliberations or negotiations with the owner of the land parcel, thereby minimizing the losses faced by the owner. The principle of deliberation is as stated in the Qur'an surah Asy-Shura verse 38, surah Al-Baqarah verse 233 and Surah Ali Imran verse 159.
The Role of Notaries in the Company Acquisition Process Nugroho, Bagus Susilo
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

.This study aims to determine the role of a notary in the acquisition process in a palm oil company. At present there are more and more palm oil companies in Indonesia, which makes competition between palm oil companies even tighter, so that the turnover of existing capital is not always smooth. That's why it is possible to make acquisitions for the purpose of business advantage. The approach method used in this study is an empirical juridical approach, namely studying the applicable legal provisions and what actually happens in society. Acquisitions are divided into two types, namely based on the object to be taken over and the type of business or businesses that have their respective procedures. The role of the notary in the acquisition starts from the beginning of the acquisition process, namely since the General Meeting of Shareholders (GMS) was held to obtain approval for the acquisition where the notary was always involved in making the deed of the GMS. Based on the results of the GMS, if the acquisition has received approval from the shareholders, the notary can prepare the acquisition deed. In addition to preparing the deed of GMS and deed of acquisition, the role of the notary in acquisitions is to provide services in the form of managing the validity of the acquisition, especially regarding the ratification of changes to the company's articles of association as a result of the acquisition to the competent authority (Ministry of Law and Human Rights). So it can be concluded that acquisitions in palm oil companies have a business goal to save the company and the Notary plays an important role in the processes that occur therein.
The Position of Inheritance of Children from Marriages Which Not Recorded in the Conception of Legal Certainty Novita, Puteri Mela; Bawono, Bambang Tri; Hafidz, Jawade
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

This study aims to determine and analyze the inheritance position of children from marriages that are not registered in the conception of legal certainty, analyze legal protection for children from unregistered marriages and analyze examples of certificates of inheritance rights. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required included secondary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research, it is concluded that the position of inheritance of children from marriages that are not registered according to the Marriage Act is only obtained from the mother and her mother's family, on the position of inheritance if the child is recognized by the father as his biological parent then he is entitled to the position of inheritance. In principle, children from marriages are not registered with the decision of the Constitutional Court Number 46/PUU-VIII/2010, children from marriages are not registered to obtain legal certainty of their civil rights. Legal protection for children from marriages is not recorded. Legal efforts can be taken so that a child born from a marriage that is not registered obtains a position as a legal child for a Muslim couple by applying for Marriage Istbat to the Religious Court, so that the Religious Court legalizes the marriage, while for couples non-Muslims to register their marriage with the Civil Registry Office. So that they can issue a marriage certificate and the child from the marriage becomes a legal child and obtains legal protection.
The Legal Consequences of Credit Guarantee by Banks to Third Parties Al Rasyid, Abdillah Salim
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

Research with the title "Legal Consequences of Credit Guarantees by Banks to Third Parties" examines legal issues that arise in credit agreements, especially with motorized vehicle guarantees at Bank Lampung, West Lampung branch, where collateral is not placed on the creditor but on the debtor, the guarantee given to the creditor is only the BPKB of the car while the car unit remains with the debtor, so that in this case the debtor pawns the car as the object of collateral to a third party. The approach method used in this study is sociological juridical, meaning that research is carried out on the real conditions of the application of law to society with the aim and objective of finding facts (fact-finding), which then leads to identification (problem identification) and then leads to problem solving (problem solutions). The default on credit while the solution to these legal problems is (i) Obliging the debtor to provide a replacement guarantee that is equivalent in value. (ii) Obliging debtors to repay their debts.Keywords: Bank; Consequences; Guarantee.
Accountability of Notaries for Providing Covernotes in Credit Agreements Musidah, Musidah
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

This study aims to understand and analyze the legal standing of covernotes made by a notary in a credit agreement and the responsibility of a notary for granting covernotes in a credit agreement which results in losses for banks. The approach method used in this study is sociological juridical, which is a method that is carried out by finding legal realities experienced in the field or an approach that stems from problems concerning matters that are juridical in nature or existing facts. The results of the study show that Covernote is not regulated in laws or positive laws in Indonesia. Publishing and drawing up covernotes by a notary has no legal basis. Covernotes are made based on a habit that can be accepted by society, so that it is trusted and considered as a binding legal product. Notaries carry out their responsibilities in making covernotes by checking and verifying first and ensuring the completeness of the required documents so as to minimize the potential for errors that can cause losses to banks. The notary's negligence in issuing a covernote whose contents contain statements or information that is not true causes him to be held legally responsible for his actions, namely criminal responsibility and civil responsibility.Keywords: Banks; Covernote; Responsibility.
PPAT Reformulation in Electronically Integrated Registration of Mortgage Rights Pamungkas, Bagus Satria; Djunaedi, Djunaedi
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

Mortgage is a guarantee for land that is registered online at the National Land Agency. PPAT reformulation is important so that data is guaranteed to be accurate. PPAT examines documents, draws up deeds, and submits registration to BPN. PPAT is responsible for the validity of documents. Registration of electronic Mortgage is faster, more efficient and safer because it is connected to the database. The research method used is normative law, viewing law as a system of norms. This research includes principles, norms, rules, court decisions, agreements, and doctrine. Normative legal research aims to find rules, principles, and doctrines to answer legal problems. This research is descriptive-analytical in nature, providing an overview and assessment of PPAT reformulation in integrated mortgage registration. The Electronic Mortgage System is the registration and maintenance of land data through an integrated electronic system. Registered user meets the requirements, application is accepted. PPAT and banks are responsible. Mortgage rights involve guarantees for property, business use, building, and usage rights. Electronic registration according to the rules. PPAT constraints: user requirements, certificates at the OJK, debtor certificates, credit syndication arrangements, and creditor registration obligations. PPAT ensures data accuracy. PPAT Constraints in electronic Mortgage registration: Registered user requirements impede access, Requirements for registered letters at the OJK limit the choice of creditors, Requirements for certificates in the name of the debtor are contrary to UUHT. There is no registration mechanism in a credit syndication, Registration obligation is the responsibility creditor, not PPAT. Keywords: Electronic; Mortgage; Reformulation.

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