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Sultan Agung Notary Law Review

SANLaR
Website

Published by Universitas Islam Sultan Agung

ISSN : - EISSN : 26864428 DOI : 10.30659

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 239 Documents

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Law Enforcement Analysis against Notaries Who Do Negligence in Depositing Minutes of Deed Nur Maryanto
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. 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). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. The toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.

The PPAT'S Responsibilities on Calculation of Tax Payment Value Rina Widoastuti; Siti Rodhiyah Dwi Istinah
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

In the implementation of the transfer of rights through the buying and selling process, at the stage of calculating the value of tax payments several times, people found that they deliberately and openly asked to reduce the transaction value from the price it should have been, so that tax costs would not be large. This writing aims to determine and analyze the calculation of the value of the sale and purchase of land and/or buildings in Pekalongan Regency, the role and responsibility of PPAT in calculating the value of tax payments based on Perda No. 6 of 2012 Pekalongan Regency. This research approach uses a sociological juridical, namely research through a legal approach and examines laws that have problems in practice. Then analyzed using role theory, responsibility theory, justice theory, and legal certainty theory. The results of the study indicate that the calculation of the value of the sale and purchase of land and/or buildings in Pekalongan Regency is based on calculations that have been determined by the laws and regulations. The role and responsibility of PPAT in calculating the value of tax payments on land and/or building sale and purchase transactions based on Perda Number 6 of 2012 Pekalongan Regency, namely PPAT's obligation in making a deed is first to ensure that the Land and Building Rights Acquisition Fee (BPHTB) has been paid. PPAT's responsibility is to help clients make online submissions on the website provided by the Pekalongan Regency Government.

The Establishment of Tax on Land and Building Rights (BPHTB) Karmani Karmani; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to examine the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing solutions in overcoming the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. This research is a sociological juridical research. The results of the study concluded that mHowever, there is a discrepancy with the laws and regulations in the implementation of the collection of Duties on the Acquisition of Rights to Land and Buildings in Boyolali Regency, namely when there is a transfer of rights to land and buildings due to a sale and purchase whose transaction value is lower than the market price, the transaction value will be determined by the BPPKAD officer based on market prices and surveys of the tax object in question, even though the provisions of Article 87 paragraph 2 of Act No. 28 of 2009 and Article 7 of Boyolali Regency Regulation Number 2 of 2011 state that the basis for imposing BPHTB taxes on the acquisition of buying and selling rights with lower transaction value rather than the market price, the basis for the imposition of BPHTB tax is the Tax Object Sales Value (NJOP) of Land and Building Tax. In the collection process there are still some obstacles, namely the lack of knowledge of taxpayers regarding information and socialization of the regulations on the Acquisition of Rights on Land and Buildings, as well as the limited number of Human Resources (HR) from the Office of the Regional Financial and Asset Management Revenue Agency of Boyolali Regency, even though the area and number of transfers of land and buildings is small in Boyolali Regency is high, thus interfering with the performance of the Land Deed Maker Officials and the National Land Agency in terms of land registration. There is a need for periodic socialization regarding the Customs for Acquisition of Land and Building Rights by the Regional Government, while the problem of uncertified land requires cooperation with the local National Land Agency, for example conducting a prona program.

The Legal Consequences of Divorce on Joint Assets in the Religious Courts Komarudin Komarudin; Akhmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to find out and explain the legal consequences of divorce on joint property in religious courts. To find out and explain the obstacles due to divorce law on joint property in religious courts. The method used by the researcher is Juridical Empirical (socio-legal research) and the specifications in this study are descriptive analytical. Based on the results of the study that resulting in marital property controlled by the husband without the consent of the ex-wife cannot/is not allowed to sell or transfer the property without the consent of the ex-wife. The obstacle: shows that there is still a lack of public understanding of the applicable legal provisions governing assets in marriage. Economic factors. Factors of objects or objects (Joint Asset or Gono-Gini property). The responsibility factor of the parties (husband and wife). The solution: the need for legal counseling to the community and the prospective brides who will carry out the marriage. The settlement can be through the village head, but if it cannot be resolved through the village head then through the court institution by attaching a certificate of incapacity (prodeo). The settlement of one of the selling parties must be reduced by the distribution of the value of the price of the goods sold. The settlement in this case is that the collateralized object is confiscated and auctioned by the bank as the creditor who provides the debt facility.

Implementation of Deep Assets Separation Agreement of Indonesian Citizens Who Marriage with Foreign Citizens Bella Arwinilita; Gunarto Gunarto; Anis Mashdurohatun
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to analyze legal protection in the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign nationals and to analyze the authority of a notary on the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign citizens. This research uses empirical normative research. The approach method used is the statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage agreement can provide legal protection for the parties who make it. The agreement deed made in a notary can be used as written evidence in court if problems occur in the future. Based on Article 1868 of the Civil Code and the authority of notaries in Article 15 of the UUJN, it states that notaries have the authority to make authentic deeds related to all agreements. Notaries must be able to provide legal certainty in people's lives because in the deed there is evidence that clearly determines the rights and obligations of a person as a legal subject in society. Notary Deed as a deed that has perfect evidentiary power makes the position of the Notary deed as the first and foremost evidence in civil evidentiary law.

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.

Role of Regional Financial & Assets Management Agency (BPKAD) in the Mediation Process of BPHTB & PPH Siti Putri Indah Meilani
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The research "The Role of the Regional Financial and Asset Management Agency (BPKAD) in the Mediation Process for Determining the Fee for Land and Building Rights/Income Tax (BPHTB/PPH) in Pati Regency" is motivated by myths that develop in the community regarding land ownership rights. This study aims to: 1) identify and analyze the role of BPKAD in Pati Regency. 2) knowing and analyzing the mediation process for determining BPHTB/PPH in Pati Regency. The research method in this thesis uses a sociological juridical approach with descriptive analysis specifications, namely data collection methods to obtain data that will be used as thesis material through interviews by conducting interviews with BPKAD Pati Regency, or by observation in the form of observations involved systematically in obtaining data. After that, qualitative analysis of the data obtained from various sources will be carried out. The results of the study indicate that: 1) BPKAD has not carried out its functions and roles as public servants properly. 2) The mediation process will be carried out between the seller and the buyer and BPKAD as the mediator.

Legal Protection on Notary Related with Deeds which Made in Process of Police Investigation Nopi Siswanti; Sri Endah Wahyuningsih
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The notary office law and the notary code of ethics require that notaries in carrying out their duties as public officials, in addition to being subject to the position of a notary, they must comply with the professional code and must be responsible to the people they serve . Notaries who neglect all dignity of their positions apart from being subject to moral sanctions, being reprimanded or dismissed from their organization can also be fired from their positions as notaries. In fact, not all notaries act fairly, are impartial, and protect the interests of the parties. This study wants to see how the different roles of Indonesian police investigators in handling criminal acts committed by notaries after the Constitutional Court Decision No. in legal protection for notaries related to the deed he makes, then see how the model of legal protection for notaries who commit criminal acts related to the deed he made after the Constitutional Court Decision No 49 / PUU-X / 2012 and Ministerial Regulation and Human Rights Number 7 of 2016. Research it uses a socio legal approaches. Socio legal research examines the implementation or implementation of positive legal provisions in fact at any particular legal event that occurs in society in order to achieve predetermined goals.

Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce Akrimni Nur Zakiyyah; Sri Endah Wahyuningsih
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 existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis 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 in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.

Jurisdiction Overview Implementation of Registration of Property Rights Transfer to Land by Grants Pramudya Hutama
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research described and studied the freehold ownership of land transition by grant. This research is categorized as an empirical law research using the descriptive approach. This research is condusted in Kebumen Regency. There are two kinds of data that is used in this research, namely primary and secondary data. The method that is used in data collection are observation, interview, and library research based on Indonesia Law and Rules books, related documents, etc according to the topic. Data analysis using qualitative analysis by interactive model. The result of this research shows that the freehold ownership of land transition by grant in Kebumen Regency is already appropiate to the procedure in exist regulations. The freehold ownership of land transition by grant has to be registered in Kebumen Palace and National Land Office to gain certain law in the shape of title holder. Therefore the land status will be clear, it is not only about the burdens, the widht, but also the rights that in herent to it.

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Yusuf Wisnu Mandaya

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2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

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Kota semarang,

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email sanlar@unissula.ac.id

Phone +6285399441898

Journal Mail Official sanlar@unissula.ac.id

Editorial Address 2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

Phone
+6285399441898

Journal Mail Official
sanlar@unissula.ac.id

Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia

Location
Kota semarang,

Jawa tengah

INDONESIA