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All Journal JURNAL HUKUM Journal Hukum Khaira Ummah BISNIS: Jurnal Bisnis dan Manajemen Islam Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung

Aryani Witasari

Faculty Of Law Universitas Islam Sultan Agung

Author-ID : 2443969

Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed Edi Suarto; Gunarto Gunarto; Arpangi Arpangi; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.1-10

This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.

Role & Responsibilities of Notary in Implementation of Association Registration Through the Online Legal Entity Administration System Abdul Hasim; Siti Rodhiyah; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.161-173

This study aims to analyze: 1) The procedure for registering associations is through the online Legal Entity Administration System. 2) The role and responsibilities of a notary in carrying out the registration of associations through the online Legal Entity Administration System. The approach method in this research is a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded: 1). The association registration procedure through the online Legal Entity Administration System is uncomplicated. The procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the legal entity association is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-. 2). The role of the notary in carrying out the registration of associations through the online legal entity administration system is to order names and register the ratification of the association to the minister through the SABH. Notaries have an important role in managing the legal entity of the Association. People who need the legal entity ratification of the Association cannot access the SABH directly but must go through a Notary who has been registered in the SABH. This is because the notary plays a role in carrying out statutory orders so that the interests of the parties do not violate the law.

The Role of Notary in the Making of Fidusian Assets for Consumer Protection Maulana Abdul Mujib; Aryani Witasari; Sukarmi Sukarmi
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the role of the notary in making fiduciary deeds for consumer protection based on the Law of the Republic of Indonesia Number 8 of 1999. The approach method in this research is the normative juridical method. The specification of this research is descriptive analytical. The data in this study are secondary data. These problems are analyzed using legal protection theory. Based on the results of the research, the role of the notary in providing services to the public, especially for making fiduciary deeds, is things that must be done so that no parties are harmed and the deed can provide protection and legal certainty The parties come face to face with the Notary. Based on the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Act No. 30 of 2014 concerning the Position of Notary, making a Notary Deed, must be before a Notary according to the form and procedure stipulated by the Law, and refuse to make a deed, if power of attorney that is contrary to Article 18 paragraph (1) letter h. Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, which states that the power of attorney is an integral part of the standard agreement prepared by the fiduciary recipient.

Responsibilities of a Notary in Concerning Making an Authentic Deed Based on Falsification of Letters by One of the Parties Farman Riantama Budi; Aryani Witasari; Ngadino Ngadino
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research aims to know the responsibilities of the notary in the event of letter forgery by the parties in making the authentic deed and whether a notary can be held responsible for a criminal case if a loss occurs to one of the parties as a result of a false document from one of the parties. The approach method in this research is empirical juridical method. The specification of this research is descriptive analytic. The data in this study are primary data and secondary data. These problems are analyzed using the theory of authority, theory of legal responsibility. Based on the results of that research when a Notary in carrying out his position is proven to have committed a violation, then the Notary is responsible according to his actions, both in terms of Administrative Law, Civil Law, namely in accordance with the provisions of the sanctions contained in Articles 84 and 85 of the Law on Amendments to the Law on the Position of Notary Public and code of conduct. A notary cannot be held responsible for a criminal case if there is a loss to one of the parties as a result of a false document from one of the parties, because the notary only records what is conveyed by the parties to be put into deeds false information submitted by the parties is the responsibility of the parties. In other words, what can be accountable to the Notary is if the fraud or deception originates from the Notary himself.

Legal Protection for Buyers against the Understanding of Home Ownership Loans Evie Pravitasari; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.

Implementation of Sharia Financing Agreements with Fiduciary Submission of Property Rights to KSPPS BMT Al Hikmah Semesta Chandra Kurniawan; Akhmad Khisni; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The research objective is to determine the role of the implementation of the Islamic financing agreement with the transfer of property rights in a fiduciary manner and how to solve the problem if there is default by the debtor, as well as the constraints and solutions in implementing the sharia financing agreement by means of musyarokah. The approach method uses empirical juridical. The data collection technique uses library research and field research. Data were analyzed descriptively qualitatively. The results of the study stated that the implementation of the sharia financing agreement with the transfer of property rights in fiduciary manner to the KSPPS BMT AL HIKMAH SEMESTA Jepara Regency consists of several stages, namely the application stage, checking and field inspection, making customer profiles, committee meetings, committee meeting decisions, binding, ordering goods consumers, payments to suppliers, collection of payments, and taking guarantee letters. The resolution of the problem if there is default by the debtor, namely given 3 warning letters if during 12 months of non-payment, and finally the guarantee will be auctioned if it is not immediately paid. Constraints and solutions in implementing the sharia financing agreement through musyarokah are document falsification by the customer, fictitious business, misuse of financing, the customer does not make payments or defaults on his obligations to the BMT according to the agreed time, BMT if there is default, namely stages that takes too long from reporting to the police to the District Court.

The Legal Implications on Cancellation of Notaries which can be Canceled by Law Akhmad Mufasirin; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.

Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants Nanda Herawati; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.

The Legal Position of Attorney’s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities Heri Mulyono; Jawade Hafidz; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.543-554

This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.

The Role of Notaries in Making Wills Regarding the Distribution of Inheritance according to Islamic Compilation Law Nirwan Kusuma; Aryani Witasari; Denny Suwondo
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.735-744

This research aims to know and analyzing the role of a notary in making a will regarding the distribution of inheritance according to Islamic law.Analyzing the role of a Notary in making a will based on the provisions of the laws and regulations in force in Indonesia as well as the compilation of Islamic law as well as the obstacles and solutions of a notary inmaking a will regarding the distribution of inheritance according to Islamic law. This research is a type of legal research with a focus on the study of sociological juridical approach (Sociology Legal Research). Juridically by reviewing the applicable laws and regulations in accordance with the compilation of Islamic law and the Civil Code to achieve the final goal. The results of a sociological juridical study on the role of the role of a notary in making a will regarding the distribution of inheritance according to Islamic law is the role of a Notary in making a will before a Notary refers to the provisions of Article 1 point 1 UUJN which states, "Notaries are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law or based on other laws", where each will or testament must be in the form of a deed in order to obtain legal certainty as a binding authentic deed. Inheritance assets often cause various legal and social problems, the obstacles that are often faced by notaries are very complex in their implementation, including: the notary lacks control and does not understand all the provisions of the inheritance certificate, the notary is not careful enough to check and ensure the completeness of the documents, the difficulty of the notary to ensure that the witnesses presented must really know about the family of the deceased heir, it is still often encountered witnesses or heirs who are dishonest in providing information and there is no legal unification regarding the regulation of the implementation of the certificate of inheritance in Indonesia. From the above constraints, the researcher draws conclusions in the form of solutions including: notaries have a role to educate to become professional and reliable notaries, namely by carrying out scientific activities such as seminars about notaries, notaries in taking an action must be prepared and based on rules applicable law, a notary must be able to observe the actual facts in the reality.

Co-Authors Abdul Hasim achmad sulchan Agus Supriadi Ahmad Hadi Prayitno Aji Sudarmaji Akhmad Khisni Akhmad Khisni Akhmad Mufasirin Akhmad Mufasirin Amin Purnawan Anak Agung Putra Dwipayana Angga Kusumah Ani Hilyani Hilyani Anindia Inka Saputri Anwar Saleh Hasibuan Ardito Yudho Pratomo Aris Setiono Aris Sophian Armina Dilla Zahirani Arpangi Arpangi, Arpangi Bayu Dwa Anugrah Beny Fajar Sanjaya Bonar Setyantono Bondan Satrio Bawono Chandra Kurniawan Christian Bagoes Prasetyo Danang Sucahyo Delvi Amalia Rosa Deni Dwi Noviandi Denny Suwondo Deny Suwondo Didi Wahyudi Sunansyah Dimas Sakti Wardhana Edi Suarto Eka Damayanti Damayanti Eliani Safitri Evie Pravitasari Fajar Fathan Fuadi Farman Riantama Budi Fiana Zahroh Suciani Grahita Fidianto Gunarto Gunarto Gunarto Gunarto Hapshary Noor Diansaputri Hengki Irawan Heri Mulyono Holyness Nurdin Singadimedja Indah Esti Cahyani Indah Setyowati Insan Al Ha Za Zuna Darma Illahi Ira Alia Maerani Irfan Iskhak Jawade Hafidz Junaidi Abdullah Justisia Pamilia Luberty Karolus Geleuk Sengadji Khoirulika Nur Harinda Kustriyo Kustriyo M Farid Amirullah M.Gargarin Friyandi Mahin Musyafa Masrur Ridwan Masrur Ridwan Masrus Ridwan Maulana Abdul Mujib Mochamad Rizqi Sismanto Mohamad Andi Rochman Monicha Rossalia Adigita Muchammad Qomaruddin Qomaruddin Muhammad Ali Maskun Muhammad Nur Aklif Muhammad Ramadhani Citrawan Muhammad Sholikul Arif Nanda Herawati Ngadino Ngadino Nirwan Kusuma Novita Irma Yulistyani Novitasari Novitasari Nur Muhammad Rajja Agung Peni Rinda Listyawati Risky Amalia Rizki Andika Putra Rudi Hendri Basuki Siti Rodhiyah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Sri Endah Wanyuningsih Sri Kusriyah Sri Praptini Praptini Sukarmi Sukarmi Syafiera Amelia Tegar Firmansyah Tofan Alamsyah Umar Ma'ruf Umar Ma’ruf Widhi Handoko Widya Pratiwi Asmara Yeremias Tony Putrawan Yunus Rahendra

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