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IMPLIKASI ADANYA PEMALSUAN TANDA TANGAN DALAM AKTA JUAL BELI TANAH YANG DILAKUKAN OLEH PPAT Edi Asrofin; Umar Ma’ruf
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1779

Not a few cases of falsified data that ends in the dispute often surfaced, both in print and electronic media and even non-publicized too much. Maybe in the short term, buyers do not face a lawsuit from another party, but in the long run the buyer will experience a lawsuit from another party who feels the rights to his land. Having a legal defect in a deed may result in the illegality of a later act of law. The problem of this thesis: why can there be counterfeiting of signatures in the deed of sale and purchase of land done by PPAT, how the process of handling the existence of signature falsification in the deed of sale and purchase of land done by PPAT and whether the implication of signature falsification of deed of sale and purchase of land done By PPAT.The method used in this research is sociological juridical, specification of jurisdiction approach of analysis, data used primary data and secondary data. Problems are analyzed with the theory of legal protection and legal certainty.The result of thesis research is known that the factors causing forgery of signatures in the deed of buying and selling of land conducted by PPAT PPAT have falsified the seller's signature in the process of making the Deed of Sale and Purchase, this is because PPAT assume that there has been signature from the seller in Receipt of previous buying and selling transaction so that it does not matter if in the Sale and Purchase Deed of the seller's signature in fake., The process of handling the signature fraud in the deed of sale and purchase of land conducted by PPAT is based on report from the seller who sued because felt the sign of the ladder in Fake in the Deed of Sale and Purchase, then the police conduct an investigation to the PPAT. The implication of counterfeiting the signatures of the land sale and purchase certificate conducted by PPAT may be criminalized, if it can be proven in court and Sanctions that could threaten PPAT which makes the deed inappropriate or indicated by the signature falsification in the document deed which is actually dismissal sanction with disrespect From his post. Keywords: Counterfeiting, Signature, PPAT Batang

Responsibility Land Office of Semarang City In Terms Contained In Land Multiple Certificates Nur Ismi Hanifah; Umar Ma’ruf
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5090

Land as one of the natural resources that have a close relationship with human survival. Due to the imbalance between land supply in our country as a result of rapid population growth and increasing development, it can lead to various land disputes including multiple certificates. The purpose of this study to determine the cause of the double land certificate in Semarang and Semarang Land Office responsibilities in the event of multiple land certificates as well as the barriers and solutions Land Office responsibilities in the completion of the double land certificate in Semarang.The method used in this research is the method of juridical-sociological. Specifications are descriptive analytical research. The data used primary data and secondary data obtained by interview and literature study. Qualitative data analysis, the problem was analyzed by the theory of the legal system, legal certainty and legal responsibilities.The results showed that the cause of the land multiple certificates in the Land Office of Semarang is the first that structure, that possible errors and omissions of agencies, both which are substances that can be made possible on the legislation governing the registration of land and the third is Culture Law, uncaused of view of the society on land certificates. The responsibility of the Land Office of Semarang in It contained a land multiple certificates is the Regulation of the Minister of ATR / BPN No. 11 of 2016 on the Settlement of Cases of Land, which is after all the research is done, the land office is obliged to cancel one of them if there were procedural errors in the case of defective administration and conditions other rule. Obstacles Land Office in the completion of a land multiple certificates in Semarang is external (the parties are not present and not good faith when mediation) and internal (Land Office only as a mediator is not a court), so the solution in order to give rise to legal certainty then the settlement of disputes through State court and State Administrative court.Keywords: Responsibility; Land; Associate Certificate.

The Legal Impact Of The Land Deed Official Whose Position Is Different From The Place Of Domicile As A Notary Ardila Taha Taha; Umar Ma’ruf; Widhi Handoko
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.7875

The objectives of this study are: 1) To find out and explain the legal impact of the Land Deed Official whose position is different from the place of domicile as a Notary. 2) To find out the actions and steps that can be taken if in practice a Notary / PPAT gets a different position area. The method of approach used in this study is the Normative juridical approach. Retrieval of data with a library approach. The analysis was carried out qualitatively.Based on the results of data analysis, it can be concluded that: 1) Notary who has been appointed in an office whose position is different from his area of office as a PPAT is temporarily dismissed from his position for violating the obligations and prohibition of office. Regulations regarding this matter are expressly regulated in UUJN. The person concerned is no longer entitled to make a deed, meaning that he no longer has the authority to make any deed, so if he turns out to still make a deed, then the deed concerned only has the power of proof as a deed under the hand. Whereas the PPAT who is appointed in a position whose position is different from his position as a Notary, causing the PPAT in question automatically stops automatically as a PPAT and for that reason, no dismissal decision is needed. Regulations regarding this matter are explicitly regulated in Government regulation number 24 of 2016 on Government regulation number 38 of 1998 on PPAT Position Regulations. 2) Notary / PPAT Actions and Steps that deal with the problems mentioned above must immediately submit an application to the relevant agency (DEPKUMHAM/BPN) to be able to adjust the area of office. In the event that the formation for the area concerned is closed, the relevant person must wait until the formation for the area is opened. In order to continue to carry out his position concerned must choose his work area as a Notary or work area as PPAT. Regulations regarding this matter are explicitly regulated in Government regulation number 24 of 2016 on Government regulation number 38 of 1998 on PPAT Position Regulations.Keywords: Legal Impact; Land Deed Official; Position; Notary.

Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase Ari Setyo Aji; Umar Ma’ruf
Jurnal Akta Vol 6, No 2 (2019): June 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i2.5083

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.

KAJIAN HUKUM KEHARUSAN BAGI NOTARIS DAN PPAT YANG MERANGKAP JABATAN BERKEDUDUKAN DALAM SATU DAERAH ATAU WILAYAH KERJA Raden Hamengku Aji Dewondaru; Umar Ma’ruf
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1798

View the establishment of notary formation and PPAT that have been set Based on their respective authorities, it appears that a notary can Concurrent PPAT as long as in one working area within the territory of office Notary Public. This is the author's interest to study about duplicate Position, because it does not close the possibility will happen Dual positions between Notary and PPAT which not one office but still One area of notary public. So this discourse needs to be studied in order to be able Known the possible impact that will appear.The formulation of the problem in this research are: 1.) Why are there any provisions that require notary work area / region and PPAT in one area / work area? 2.) What are the consequences or sanctions faced by a notary who holds PPAT if it is not domiciled in one territory / Working Area and 3.) What is the action done by the Honorary Assembly if the notary concurrent with PPAT is not domiciled in the same work area. The method used in this research is the normative juridical approach, the type of normative legal research. The source of the data is the secondary data. Technique of collecting data with bibliography, method of analysis by using method of qualitative data analysis. Problems are analyzed with the theory of benefit and the theory of justiceBased on the result of this research, it can be concluded 1.) Reason requiring Regional / Working Areas of Notary and PPAT in One Region / Working Area is in accordance with the Law on Notary Position and Government Regulation Number 37 Year 1998 About PPAT Regulation. 2.) Result or sanction faced by a Notary who concurrently PPAT if not domiciled in one region / work area. Legal effect to Notary Deed, the deed is null and void or can be canceled. Notary deed may be canceled because if there is a lawsuit from the parties mentioned in the deed to cancel notary deed and Legal Effect on Notary's Office. 3.) Acts Conducted by Honorary Council If Notary Accepting PPAT Not Domiciled In The Same Working Area gives warning and witness or revocation of permit. Keywords: Multiple Position, Region / Working Area, Notary and PPAT

The function of the Notary / PPAT In filing process Acquisition of Land Rights To Interests Investment in Regional Autonomy Era Based on Act No. 25 of 2007 concerning Foreign Investment Wahyuni Wahyuni; Umar Ma’ruf
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7965

The purpose of this study are to: 1) To be able to know and analyze about the function of Notary / PPAT in Appeals Process Acquisition of Land Rights Under the Foreign Investment Regulations. 2.) To be able to know and analyze the Protection of Investor Interests Investing in the Era of Regional Autonomy Under the Foreign Investment Law. The method shows the procedure and process of a study undertaken to achieve an objective results. Method of normative juridical approach specifications in this research is descriptive analysis, the data collection method, literature (study document), with critical analysis and finding the problems and legal issues that will be examined and gather all the information related to the problems studied.The results of this study concluded Function Notary / PPAT in the filing process of acquiring land rights based on foreign investment regulations number 25 in 2007. The function of Notaries easier for the public to take legal actions both Indonesian citizens or citizens of foreign countries who participate in investing in Indonesia , The Indonesian government also needs to prepare for national law and the law of international relations to establish it. Government to maintain legal certainty for foreign investors without discrimination by being able to compete with domestic investors. Protection of the interests of investors in investing in regional autonomy based on legislation.Keywords: Function of Notaries; Investments; Autonomy; Foreign Investment.

The Role and Protection of Laws to Notary Related To the Dispute That Made Between the Parties Monicha Rossalia Adigita; Umar Ma’ruf; Aryani Witasari
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7631

The purpose of this study to determine and analyze: 1) Factors leading to disputes between the parties relating to the deed of Notary. 2) Role of relevant Notary Deed had made in the event of a dispute between the parties. 3) The legal protection against related Notary Deed which is made in the event of a dispute between the parties. Legally sociological research approach. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary law and tertiary legal materials by means of literature. Data were then analyzed qualitatively.Based on the results of data analysis can be concluded that: 1) Factors leading to disputes between the parties relating to Deed, there are two reasons, namely: breach of contract committed by one of the parties which resulted in the loss and not the acquisition of rights of one party and if the deed made by Notary goes wrong in terms of formal and material aspects of birth. 2) The role of the Notary in the event of any dispute if the dispute caused by the parties themselves then the Notary will not be involved and would only be called as a witness in the trial, but if notaries who made a mistake in making the deed of the Notary may be sued by the parties which would result be under the hand and null and void. The parties will also get compensation if the parties feel aggrieved by deed made by Notary. 3) Protection of the Notary Law contained in Article 66 of Law No. 2 2014 On Notary, wherein if the investigators, prosecutors and judges will perform a calling and examination of the Notary, must go through the approval of the Honorary Council of Notaries.Keywords: Role and Legal Protection; Notarial Deed; Dispute

Judicial Review Implementation On Dissenters Notary Rights In Making Deeds Binta Istiqlaly; Umar Ma’ruf
Jurnal Akta Vol 6, No 2 (2019): June 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i2.5085

The purpose of this study was to: 1) Knowing and analyzing on the Implementation of the Right Dissenters in the Making Notary Deed. 2) To determine and analyze about the obstacle Notaries in Implementing Dissenters rights. The method used in this research is the empirical jurisdiction. Adopting legislation, learning materials primary and secondary law. The technique of collecting data using interviews and literature study and data analysis techniques qualitative analysis using descriptive analysis decomposition.After doing research Juridical Review of Implementation of the Right Dissenters In the Manufacture Notary Deed to a conclusion that is Implementation of the Dissenters rights in the Making Notary Deed is basically the right to withdraw from testifying upfront Court in Civil and Criminal problem. Implementation of the right of refusal notaries in practice, if it turns out the notary as a witness or a suspect, defendant, or in the examination by the Board of Trustees Notary divulge and provide information/statements should shall be kept confidential, while legislation is not ordered, then the complaint filed by parties who feel aggrieved can sue the notary.As well as Obstacles Notaries in options or Use Dissenters rights in the Making Deed is faced by a notary public in using the right of refusal which are the Assembly, Regional Supervisor (MPD) approved the request of the police in the inspection of a notary public, a notary unable to escape to does not provide information because the police already have the recommendation of the Supervisory Council of Regions (MPD). Another constraint is that if the investigating authorities in this case the police use forceful measures with the reason for the interest of the investigation, the notary can not usually be avoided by reason of use right of refusal because the police could have used the excuse that the notary was not cooperative in providing information regarding the deed he made , so that the police do a forced effort.Keywords: Dissenters Rights, Notary and Deed.

Implementation Of Complete Systematic Land Registration (PTSL) In The Village Of Tanjungharjo, Ngaringan Sub-District, Grobogan District Edo Iranda Novatama; Umar Ma’ruf
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5107

The purpose of this study was to: 1) To determine and analyze Systematic implementation of the Complete Systematic Land Registration in Village of Ngaringan, Tanjungharjo Subdistrict, Grobogan District 2) To identify and analyze the obstacles faced in the Complete Systematic Land Registration in Village of Ngaringan, Tanjungharjo Subdistrict, Grobogan District. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by sociological methods.Based on the results of data analysis concluded that: 1) Implementation of PTSL by adjudication teams dominate in their respective fields in their duties, their dexterity of team officials adjudication PTSL in performing their duties which is always ready to be in place basecamp / office Adjudication Team in terms of running activities, the cooperation with the village as well as their facilities and infrastructure such as the computerized system so that it becomes a factor that support the implementation of land registration through PTSL program. Rural communities in the program areas PTSL responded well and was very happy to participate as the program participants as evidenced by the demand from the public to register as a participant PTSL program that exceeds that of the set target. 2) Obstacles that occur in the field, among others, lack of knowledge of the importance of data collection for the certificate issuance process, so people tend to underestimate completeness impressed application file such as ID cards and SPPT (Income Tax Payable). In addition proof of ownership of the land acquired is minimal, so that the necessary statements and testimony. Then the location of Block SPPT on the rights object not fit image map Ricikan Block PBB Layout object existing rights in Block SPPT incompatible with image map Ricikan Block PBB, making it difficult for the task force juridical data collectors in determining the location of the object that right.Keywords: PTSL; Implementation; Obstacles.

KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA Rifan Agrisal Ruslan; Umar Ma’ruf
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1817

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.

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