Dahniarti Hasana
Faculty Of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang

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Roles & Responsibilities of National Land Agency in Efforts to Settle Land Ownership Disputes Due to Overlapping Certificates Baqqi Zabidi Rois; Dahniarti Hasana; Denny Suwondo; Ira Alia Maerani
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.4.1.22-35

Abstract

This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.
Juridical Overview of the Use of Smart Contracts in Indonesia as a Form of Artificial Intelligence Development Muhammad Rizqon Baihaiqi; Siti Ummu Adillah; Dahniarti Hasana
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.4.1.111-123

Abstract

Apart from the problems in terms of data security in the midst of blockchain-based business development in Indonesia, it turns out that another problem in smart contracts is that the use of Smart Contracts in Indonesia is actually still a discourse among legal experts regarding the validity of smart contracts. The aims of this research are: a) To find out and analyzeimplementation of the use of smart contracts in Indonesia; b) To know and analyzeobstacles in implementing smart contracts in Indonesia and their solutions; c) To know and analyzelegal remedies that can be taken in the event of a dispute between the parties in the smart contract; d) To find out examples of deeds inthe use of smart contracts in Indonesia as a form of artificial intelligence development." Researchers used normative research specifications with secondary data sources. Stages to find the target, then used the approach through legislation (statute approach). The results were juridical review of the use of smart contracts in Indonesia based on Article 1320 of the Civil Code.Article 1338 of the Civil Code explains that “all agreements made legally valid as law for those who make them”. One of the uses of smart contracts on Ethereum. Thereuem's smart contract has the name ERC20.Article 3 Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Crypto Assets on the Futures Exchange, Bitcoin which can be traded on the Futures Exchange.Barriers to implementing Smart Contracts in Indonesia and their solutionsimplementing ISO-based Information Security Management or the simplest following the National Institute of Standards and Technology (NIST) framework. ISO 27001:2013 is the latest ISO 27000 series released in 2013. ISO 27001:2013.Article 30 Paragraph (3) in conjunction with Article 40 Paragraph (3) of Act No. 1 of 2008 concerning Information and Electronic Transactions.
The Implementation of Partial Roya after Regulation of Minister of Agrarian & Spatial Planning Muhammad Iqbal al Hakiem; Sri Endah Wahyuningsih; Dahniarti Hasana
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.735 KB) | DOI: 10.30659/sanlar.3.4.1436-1450

Abstract

This study aims to determine and analyze the authority of a Notary/PPAT in the implementation of partial roya after the enactment of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 5 of 2020 concerning Electronically Integrated Mortgage Services. 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 that the authority of a Notary/PPAT has an important role in the implementation of partial roya in the city of Semarang. The authority of the Notary/PPAT is the making of a credit agreement deed with a partial roya agreement, a roya concession deed if the mortgage certificate is lost, creation and registration of APHT with partial roya agreement and submission of roya application against conventional Mortgage Rights. Notaries/PPATs in carrying out their authority must comply with the applicable laws and regulations to ensure legal certainty. The implementation of partial roya at BPN Semarang City is currently divided into two, namely conventionally and electronically. The implementation of partial roya at BPN Semarang can be done without the need for prior agreement in the APHT. Partial roya on part of the result of splitting the parent certificate which is encumbered with Mortgage Rights can be made at BPN Semarang City on condition that it must be agreed upon by the creditor and debtor. The conclusion is implementation of partial roya using the electronic Mortgage system provides more benefits in terms of convenience and time efficiency.