Sultan Agung Notary Law Review
Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the editorial team publishes them four (4) times a year they are in March, June, September and December. This shows the credibility and prestige of the SANLaR journal is getting better and known to many people. 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.
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298 Documents
<![CDATA[RECONSTRUCTION POLICY AGAINST DEVELOPMENT AUTHORITY TASKS AND INHERITANCE CERTIFICATE SUBMITTED TO THE COURT BASED ON SOCIAL JUSTICE VALUE ]]>
<![CDATA[Nany Pudjianti Suwigjo]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.1.1.1-16
<![CDATA[As is well known, at the moment there are three (3) form and three (3) agencies that can make the evidence as heir adjusted or ethnic groups resident or citizen of Indonesia. Classification of the population based on ethnicity and law that applies to every segment of the population is a legacy of the Dutch colonial government in Indonesia, which until now is considered a sacred rule that can not be changed by anyone, even by the state. Whereas in the framework of legal reform and build a socially just nation that such an arrangement should be reconstructed, because it is no longer compatible with our own independent nation. Classification of Indonesia's population contained in the rules on the manufacture evidence can be seen as heir historical factors of the Indonesian nation. Dutch East Indies government then run political divide et impera or divisive politics. Divide et impera is done by dividing the population of the archipelago within 3 (three) segments of the population, namely: Group Europe, Group Foreign Easterners (such as Chinese, Indian, Arab, Pakistani), and Group of the Indigenous, as stipulated in Article 163 Indische Staatsregeling (hereinafter called IS). The separation of the population with the population of groups based on ethnicity or race under Article 163 IS This resulted in a difference between the legal system applicable to each of these groups. Three population groups are subject to civil law that is different as stipulated in Article 131 and Article 75 RR IS. The distinction in this class brought with it differences in the civil law of each of these groups.Keywords:Authority; Certificate of Inheritance; Court; Social Justice.]]>
<![CDATA[The Role & Responsibility of Notaries for the Lost Minuta Due to Notary's Negligence ]]>
<![CDATA[Arum Kurnia Sari]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.328-339
<![CDATA[The purpose of this research is to find out and analyze: 1). The role and responsibility of the Notary in solving the problem of the loss of the minutes of the deed due to his negligence. 2) Legal implications for a Notary who due to negligence results in the loss of the minutes of the deed. The approach method in this research is sociological juridical. The data used are primary and secondary data obtained through interviews and literature study. The technique of collecting legal materials in this research is by using observation, interview and study document techniques, while the data analysis method is done by analytical descriptive method. The results of the research concluded: 1) The role and responsibility of the Notary in solving the problem of the loss of minutes of deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Position Act, namely making a deed in the form of a minuta deed and storing it as part of the Notary Protocol. In resolving the loss of the minutes of the deed, one of them is to compensate the parties for losses. 2) The legal implication for a Notary who due to his negligence results in the loss of the minutes of the deed can be sanctioned, as stated in Article 9 paragraph (1) letter d of the UUJN namely temporary dismissal from his position as a Notary If the Notary in making the deed is not in accordance with the laws and regulations applicable law, in this case is not in accordance with UUJN, then the act of the Notary can be qualified as a violation of the law. Unlawful Acts are regulated in Article 1365 to Article 1380 of the Civil Code that every unlawful act causes harm to another person causing the person because of his fault to make the loss to compensate for the loss.]]>
<![CDATA[Standing Authentic Evidence Which Application Made By Notary-PPAT Of Uitvoerbaar Bij Voorraad (Ruling That Can Run Over First) ]]>
<![CDATA[Saddam Hussein]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.55-62
<![CDATA[This study aims to determine the extent of the Status Evidence Authentic Notary or PPAT made towards the implementation of Voerbaar Uit Voorraad Bij (The decision to run first) in the District Court of Class IA Kendari. This study uses normative juridical approach, where data is collected through the study of literature materials and interviews and then analyzed by qualitative descriptive method is an argument of a logical and systematic law in accordance with the formulation of the problem has been formulated.From the results of the research it is concluded that from the point of view of the Law of Evidence in the world of Justice in Indonesia that the Position of Authentic Evidence made by a Notary or PPAT is the same / equivalent to other Authentic Evidence made by other authorized officials such as BPN, Camat, Bailiff, etc., as well as Decisions that can be implemented in advance (uitvoerbaar bij voorraad) and decisions that have permanent strength still experience obstacles in their implementation. These obstacles are caused by both juridical and non-juridical factors. Decisions that can be implemented first (uitvoerbaar bij voorraad) are still very rare, practiced in district courts, especially the Klas IA Kendari district court, that based on our research results, data is obtained that within a period of 4 years, from January 2016 to December 2019 The Kendari District Court has only 1 (one) decision regarding the uitvoerbaar bij voorraad. The obstacles experienced by judges in the District Court, especially the Kendari District Court, are due to the tight supervision of the High Court and the Supreme Court. Because in order to carry out a decision that can be implemented in advance (uitvoerbaar bij voorraad), it must obtain approval from the High Court, and even the High Court before allowing the implementation of the decision or execution, sometimes asking for consideration from the Supreme Court. This is the cause of the Judges' reluctance to issue a verdict that can be implemented first (uitvoerbaar bij voorraad).]]>
<![CDATA[Jurisdiction Overview Implementation of Rights Transfer to Land & Building Registration with Selling-Buying Deed ]]>
<![CDATA[Wahyu Baskoro]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.542-553
<![CDATA[The purposes of this study are to: 1) Analyze the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. 2) Analyzing obstacles and solutions in the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. This research is a normative juridical approach, with descriptive analysis research specifications. Primary and secondary data collection was obtained by interview and literature study. The results of the research are: 1) The registration of the transfer of land and building rights with the Sale and Purchase Deed at the Surakarta City Land Office begins with the stage of implementing the sale and purchase transaction between the seller and the buyer. After that the sale and purchase transaction must be made a deed of sale and purchase by the PPAT, then by the PPAT it is brought to the Land Office to be registered as a certificate of ownership for the new land title holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2). The obstacle in implementing the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office is that there are still many low levels of education resulting in a lack of public legal awareness, the length of the SOP for the Transfer of Name Certificates whose proof of ownership is still in the form of a Sub-district Register C (Letter C), and the lack of counseling provided to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. 3). The solution to overcome obstacles in implementing the registration of the transfer of land and or building rights with the Sale and Purchase Deed at the Surakarta City Land Office is to provide or publish brochures about the importance of registering the transfer of land rights due to buying and selling, conducting counseling, improving human resources through courses/training and fixing the administration of the organization.]]>
<![CDATA[Credit Agreement and Notary-PPAT Responsibilities for Deed of Mortgage ]]>
<![CDATA[Muhammad Azka Faizan]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.187-195
<![CDATA[Banks are one financial institution that has an important role in the economy of a country. The problems in this study are (1) What are the factors that hamper the credit agreement and the responsibility of the Notary-PPAT in making the Deed of Granting Mortgage to the BPD Bank of Central Java?, 2) What is the legal consequence if the Notary-PPAT is late in making the Deed of Granting Mortgage to Bank BPD Central Java?, 3) How is the settlement if the Notary-PPAT is late in making the Deed of Granting Mortgage to the Bank BPD Central Java? The method used is the sociological juridical approach, the research specification is analytical descriptive. The results of this study are (1) The cost of increasing SKMHT to APHT because the process of certification of SKMHT objects that have not been registered requires expensive costs. 2) Based on that, SKMHT needs to be regenerated if APHT is to be made. 3) By making a new Power of Attorney Charge (SKMHT), which of course must be with the approval of creditors and debtors.]]>
<![CDATA[Juridical Analysis of Notary Responsibilities Relating to Deed of Sale and Purchase Binding Agreement (PPJB) that Causes Disputes ]]>
<![CDATA[Fariz Hadyanto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.847-859
<![CDATA[The purpose of this research is to analyze and find out: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made. 2). The solution to the making of the sale and purchase binding agreement (PPJB) in the event of a dispute.The approach method in this research isnormative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made is if the sale and purchase agreement on land signed and made by a Notary made an error, it is not in accordance with the procedure for making it, then the Notary has legal responsibility to whom and to whom. who the deed of sale and purchase agreement is made, and if the Notary is proven to have made a mistake, whether intentional or unintentional, then the legal consequences that arise can be subject to sanctions according to the level of error or error in the binding deed of sale and purchase made by a Notary may be subject to sanctions including administrative sanctions 2). The solution to making a deed of sale and purchase binding agreement (PPJB) in the event of a dispute is through deliberation or through the courts. The aggrieved party can sue the party who caused the loss in court or by canceling the agreement that has been made by the parties. Dispute resolution using non-litigation or Alternative Dispute Resolution (ADR) is actually a family dispute resolution model compared to dispute resolution through judicial institutions which tend to be confrontational, taking into account wins and losses and ignores social elements in society. While the settlement through the judiciary is carried out if the deliberation efforts are not reached, then the settlement must be through the courts.]]>
<![CDATA[The Role of Notary in the Making of Fidusian Assets for Consumer Protection ]]>
<![CDATA[Maulana Abdul Mujib]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.4.359-368
<![CDATA[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.]]>
<![CDATA[Agreements on Individual Accounts using Guarantee of Certificate which Bound by Selling Deed ]]>
<![CDATA[Heni Astuti]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.3.1078-1086
<![CDATA[In ancient times it was customary for people to make loan agreements involving land. Land is also commonly loaned to other people under a lease agreement. In Indonesia, lending and borrowing agreements are regulated in Article 1754 of the Civil Code concerning debts and receivables. Accounts payable begins with an agreement between two legal subjects called debtors and creditors, then accompanied by the delivery of objects as collateral. Today, in the Limbangan sub-district, Kendal regency, Central Java, there is a practice of individual debt agreements with guaranteed land and building certificates with an area of 255 m² which are bound not by a Mortgage Deed (APHT), but using a Sale and Purchase Deed (AJB) and legalized by a Notary as Land Deed Maker Official (PPAT). The purpose of this study was to determine and analyze the validity of an individual debt agreement using a certificate guarantee bound by a Sale and Purchase Deed in Kendal regency. Another objective is to find out and analyze the responsibilities of a Notary to the making and registration of a Sale and Purchase Deed which is used as a guarantee for an individual debt agreement in Kendal regency. This study uses a research method in the form of Sociological Juridical which is also called field research. According to its nature, the research to be conducted has a descriptive analytical research type. The type of data used is primary data and secondary data, and data collection tools used are field studies and literature studies. Based on the discussion discussed in this study and the data that has been collected that the validity of the guarantee of property rights to land bound using a deed of sale and purchase in Kendal regency is legal and can be carried out according to legal certainty theory, as long as the main agreement of the guarantee is not Contrary to the provisions stipulated in Article 1320 of the Civil Code regarding the legal terms of the agreement, namely agreement, competence, a certain matter and a lawful cause. The powers and responsibilities of a notary in Kendal regency are in accordance with the theory of authority that has been described, namely attributive authority, delegative authority, and mandate authority and in carrying out his position to make and register the sale and purchase deed has been meticulous and thorough as mandated by article 16 paragraph (1) UUJN. However, the notary should still propose a guarantee agreement on land and buildings tied using mortgage rights not with a sale and purchase deed so that unwanted things do not happen that can harm both parties even though in fact the duties or responsibilities of the notary are basically not responsible for the contents. The deed made before him because the contents of the deed are the will and agreement desired by the parties.]]>
<![CDATA[Role of Notary in Change of Name of Limited Liability Company ]]>
<![CDATA[Detkri Badhiron]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.8-16
<![CDATA[This research aims at untuk know and analyze the factors that cause PT. Mega Transformation Indonesia changed to PT. Djaja Bangun Rahardja, besides that this research is also to determine and analyze the role of the Notary in the change of PT. Mega Transformation Indonesia to become PT. Djaja Bangun Rahardja associated with Act No. 40 of 2007 concerning Limited Liability Companies and the latter to identify and analyze the process of barriers and solutions in the process of changing PT. Mega Transformation Indonesia to become PT. Djaja Bangun Rahardja associated with Act No. 40 of 2007 concerning Limited Liability Companies.The approach method in this research isjuridical empirical. Juridical approach (law is seen as norms or das sollen), because in discussing the problem of this research using legal materials (both written and unwritten law or both primary and secondary legal materials). An empirical approach (law as a social, cultural or das sein reality), because in this study primary data obtained from the field were used. So, the empirical juridical approach in this study means that in analyzing the problem it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about how the role of the Notary requires empirical research on Notaries who process name changes. names of shareholders and changes in the Board of Directors. The specifications used in this research are descriptive-analytic, which is intended to provide as accurate a data as possible about a condition or other symptoms, because this research is expected to provide a detailed, systematic and comprehensive description of the role of the notary in processing the name change of a limited liability company. The data required includes dataPrimary data is data obtained from the field, data is obtained from respondents. Respondent is a person or community who provides answers to questions from researchers. Secondary data, namely data obtained from or derived from library materials, secondary data collected in this study include primary legal materials, secondary legal materials and tertiary legal materials.. In discussing the subject matter and analyzing the data that has been obtained, the authors use all the information and data that has been obtained, both primary and secondary data. Then the authors analyzed qualitatively which was then presented descriptively. ]]>
<![CDATA[Implementation of Application of Mortgage Rights Electronically ]]>
<![CDATA[Ahmed Alfatino]]>;
<![CDATA[Widhi Handoko]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1242-1251
<![CDATA[The purpose of this research is to find out and analyze the implementation of mortgage rights electronically in the conception of legal certainty. To find out and analyze the effectiveness of the implementation of mortgage rights electronically. The method used by the researcher is Juridical Empirical (sociolegal research) and the specifications in this study are descriptive analytical. Based on the results of the study that Implementation of Electronic Mortgage Implementation in the Conception of Legal Certainty is that the Granting of Mortgage shall be registered at the Land Office no later than 7 (seven) working days after the signing of the Deed of Granting of Mortgage. The obligation of PPAT to register the Deed of Granting Mortgage at the latest 7 days after being signed as mentioned above has not been running properly. In its implementation, it is still experiencing difficulties caused by the lack of socialization to Registrants regarding the application of the electronic system. The Effectiveness of the Implementation of Mortgages Electronically is that with the electronic-based policy, it is very effective and efficient for all related parties, namely the Community, PPAT, Banks, and the Government in the Mortgage Registration process.]]>
