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Sultan Agung Notary Law Review

SANLaR
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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 13 Documents

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Search results for , issue "Vol 2, No 2 (2020): June 2020" : 13 Documents clear

Standing Authentic Evidence Which Application Made By Notary-PPAT Of Uitvoerbaar Bij Voorraad (Ruling That Can Run Over First) Saddam Hussein; Jawade Hafidz
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

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).

Permit Issues of Online Single Submission (OSS) Desi Ayuwati Ayuwati; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to: 1) To analyze the implementation problems of Online Single Submission (OSS) in Indonesia. 2) To analyze the constraints and find solutions permitting the implementation of Online Single Submission (OSS) in the PTSP.The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) Problems OSS among others: first, Presidential Regulation No. 24 of 2018 does not set the transition effect. Secondly, the OSS system is not ready, partly because of computer systems across ministries and agencies, both at central and local levels that have not been connected properly. CMEA Nasution admitted that the government has not fully prepared to implement OSS. Third, related NSPK of K/L and LGs. 2)Presidential Regulation No. 24 of 2018 has been set PTSP but only the definition in Article 1 point 28 and General Explanation of PTSP. In General Explanation mentioned that Presidential Regulation No. 24 of 2018 perfecting the OSS on the central government and local governments to become more efficient, serve, and modern. In the body of Presidential Regulation No. 24 of 2018 no provisions to the PTSP. The absence of regulation PTSP in Presidential Regulation No. 24 of 2018 lead to confusion in practice, given the PTSP is a designated institution Article 25 paragraph (4) and (5) Investment Law.

Role Of Notary/Land Deed Official (PPAT) In Protection Of Sustainable Of Agricultural Land Ahmad Nur Fauzy al Arif; Widhi Handoko
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Objectives: 1) To determine the role of a Notary / Land Deed Official in the process of sustainable food agriculture land protection. 2) To find out what the barriers and solutions in the implementation of sustainable food agriculture land protection. The data used in this study are primary data, secondary and tertiary data that can menunjamg assessment, which is then analyzed with empirical juridical methods.Based on the results analasis the data concluded that: 1) in the Act No. 41 Year 2009 on Section 37 subsection (e) described the control by way of extension it is related to the role of a Notari / Officer of the Land Deed automatically as a legal consultant and educator law to the people who use the services, this is related to three (3) working on the character's first point explained that the work should reflect the goodwill that realizing the policy in this case related to the protection of agricultural land sustainable food. 2) in the implementation of sustainable food protection of agricultural land is the lack of public knowledge about the rules regarding the protection of farmland this is due to lack of information on the law related to this issue. the increasing number of population also became one of the factors inhibiting the implementation of the protection of agricultural land, the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the landowners clicking alihfungsikan land farm into plots of land and housing, and converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the land owners alihfungsikan clicking agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. the increasing number of residents would increase the demand for homes, it is used as the owners of agricultural land as a business opportunity amid difficult to be farmers at this time, the land owners alihfungsikan clicking agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. alihfungsikan clicking landowners agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land. alihfungsikan clicking landowners agricultural land into land plots and housing as well as converted into industrial land. Solutions to the government, especially local government; embrace Notary / PPAT in conducting counseling on the protection of agricultural land, as it will not be effective if the government conduct its own extension, construction of flats and industrial areas to be a solution to the need for housing and industrial land.

Roles and Responsibilities Analysis of Substitution Notary Before Leaving Period Andi Deny Zulkifli Nur; Achmad Sulchan
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research aims: 1) To find out the legal status of a substitution notary related to the notary who was replaced by a death before the leave ends. 2) Also to understand the administrative settlement mechanism for the Substitution notary Protocol related to the replaced Notary Public before the leave period ends. The research method used is Normative and Descriptive in nature which is supported by primary data and also references to books and related laws in the case of Substitute Notaries. Normative legal research is based on the logic of legal science from the normative side. It is descriptive in nature to present a complete picture of a problem and be described clearly. Based on the research, it is concluded that: In Article 35 paragraph 3 UUJN-P, namely that if the notary dies while on leave, then the duties of his office will be carried out by a substitution notary as a Notary's Temporary Officer no later than 30 (thirty) days from the date of the Notary's death. The administrative settlement mechanism for the Substitution notary Protocol, namely as a Notary Temporary Officer, has expired his term of office. The Regional Supervisory Council, then within 14 (fourteen) days from the end of the term of office of the Temporary Notary Officer, it is required to appoint a Notary as the recipient of the Notary protocol. Pursuant to Article 35 paragraph (4) UUJN-P that the Substitution notary Public as Temporary Officer of Notary Public has a period of submission of the Notary Public Protocol and the Substitution notary Public is no longer than 60 days from the death of the Notary Public.

Notary Responsibilities on Credit Agreement of Building Warranties Right (HGB) Erny Herawati; Anis Mashdurohatun
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is conducted to: 1) Analyze the responsibility of the notary in the deed that is not in accordance with the provisions of paragraph of article 16 paragraph (1) item 1 and paragraph (7), Law office of a notary. 2) Analyze the responsibility of the notary in the manufacture of a credit agreement with a guarantee deed Building Warranties Right (HGB) maturing amid financing period. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed with descriptive methods analyst.

Imposition of Added Tax Value on Notary Services/PPAT Andi Hikmawanti; Jawade Hafidz
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

With the imposition of Added Tax Value (ATV) on notary / PPAT services, it is necessary to know the implementation of the imposition of Added Tax Value on Notaries / PPAT based on the Added Tax Value law and what problems and solutions are faced in charging ATV for such notary / PPAT services. This research is descriptive analytical with an empirical juridical approach with the research location in the Kendari City area. Based on the research results, it was found that the Notary / PPAT in Kendari City has not been registered as a Taxable Entrepreneur in Kendari City. This is due to several reasons, namely the tax office still has difficulty calculating the value of the deed made by the Notary / PPAT in Kendari City because no reporting. Another problem that hinders the collection of ATV for Notaries / PPATs is the demand for collection wages as the government gives incentives to agencies that collect taxes so that they are willing to establish themselves as taxable entrepreneurs.

Legal Study Of Making An Electronic Notary Deed Muhamad Nastain; Setyawati Setyawati
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The Research Objectives Are: 1) Describe the Legal Study of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights. 2) Describe the Implementation, and Constraints of Electronic Notary Deed issued by the Directorate General of the Ministry of Law and Human Rights, while the data used in this study are Secondary data consisting of Primary Legal Materials and Secondary Legal Materials which are then analyzed by descriptive analysis methods.Based on the results of data analysis concluded that: 1) Notaries as Officials who carry out part of the State Function are required to provide maximum Public Services in Legal Services. Through the role of the Directorate General of General Law Administration, the Notary was given the convenience of carrying out his duties related to the Making of Electronic Deed through the AHU Online Application and in carrying out the making of the Electronic Notary Deed not in violation of Act No. 25 of 2009 On Public Services. 2.) Despite the ease in providing public services, there are still obstacles in the implementation of the making of electronic deeds, which include server problems that are often down and human resources who are not yet competent to run them.

Responsibility of Regional Notary Supervisory Council for Protocol Transfer of Died Notary Gunawan Wibisono; Ngadino Ngadino
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study was to analyze: 1) The role of the Regional Supervisory Council on the responsibility of the Notary Public Protocol who has passed away in Jepara Regency. 2). The liability of the heirs to the protocol of the deceased notary public. The approach method to discuss this research is juridical empirical. This type of research is classified as a descriptive analytical research. Data collection was obtained from primary data and secondary data, by means of interviews and literature study. The data analysis technique is qualitative data analysis. The research results are: 1). The role of the Regional Supervisory Council for the responsibility of the Notary Public Protocol who has passed away in Jepara Regency, namely the MPD of the Jepara Regency working area as the supervisory council has played an active role in providing guidance and supervision to Notaries. MPD's firmness, especially regarding the Notary protocol that must be applied, so that when a Notary dies, such as the case of notary Muhammad Chaidzar, SH. M.Kn, and the protocol has been submitted to another notary appointed by the MPD. Legal aspects related to the accountability of the heirs of a capable Notary by immediately submitting the Notary protocol to another Notary who is appointed by MPD as the Notary holding the protocol. 2). The obligation of the heirs to the protocol of the deceased Notary is that the State archives in the form of documents that have been made by the notary must be kept, by submitting the Notary protocol through the MPD because of its authority. The responsibility of a notary public for a notary protocol that has not been submitted to another notary in this case can be categorized as an act of legal competence. Actions proficient in law here are defined as the implementation of the heir's responsibility in carrying out or submitting the protocol of the deceased.

Impact of Outsidered Children Status on Rights of Inheritance After Constitutional Court Decision Sulaiman Sulaiman; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The objectives of this study are as follows: 1) To determine and explain the effect of the status of outsidered children status on the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. 2) To find out and explain the barriers to the status of outsidered children status against the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. 3) To find out and explain solutions to overcome the barriers to the status of children outside of marriage to the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 at the Kendari Religious Court. The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. As for the sources and types of data in this study are primary data obtained from field studies with interviews with Religious Court Judges in Kendari City. And secondary data obtained from literature study. Based on the results of the research, in the case of inheritance after the decision of the constitutional court, the position of an outsidered children status as meant by the constitutional court decision of an outsidered children status is not the same as an adulterous child, has found a way or space to obtain recognition in order to protect the rights of outsidered children status. In this case the Constitutional Court ruled Article 46/PUU-VIII/2010 concerning children outside of marriage, having the right to recognition with their biological father and also entitled to an inheritance equal to the size of other children. Obstacles in this Constitutional Court Decision include the problem of the perspective of law enforcers and government officials to grant rights to children outside of marriage without different treatment or other discriminatory treatment. After providing solutions (or at least providing legal certainty) to outsidered children status born after the issuance of the Constitutional Court decision No. 46/PUU-VIII/2010 (curative), the Constitutional Court attempted with the Constitutional Court's decision to prevent the same cases from occurring.

Replacement Procedure and Mechanism Lost Minuta Deed Due Natural Disaster Chaerullah Wahyu; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study as follows: 1) to identify and explain the procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. 2) to identify and explain the barriers and solution procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. The method used in this research is descriptive using normative juridical approach. Sources of data obtained by collecting primary data and secondary data. Primary data were collected by interview and secondary data obtained through primary legal materials, secondary law and tertiary legal materials. Based on the results of this research to know that the procedures and mechanisms Replacement of Lost Minuta Due Natural Disaster is Making a report that the notary with Lost Minuta Deed to the police, but if the minutes of the deed is lost due to force majeure or break up the core of the minutes of the deed can not be read again the notary shall make an official report which will then be submitted to the news event MPW or MPD. 1) make a report to the police to report content that the notary concerned has lost all documents and other important files. 2) send the report to the Minister of Justice and Human Rights of the Republic of Indonesia concerning the condition of the notary's office damaged by natural disasters. 3) send a letter containing a report to the Director of the Department of Civil Law and Human Rights of the Republic of Indonesia, Directorate General of Legal Administration, Solution: 1) heirs to apply for approval of the minutes of the notary deed or protocol to the notary who willing to accept the minutes of a notary deed or protocol of the notary who had died or disappeared because of natural disasters. 2) notary willing to accept the minutes of a notary deed or protocol to apply to the Minister of Justice and Human Rights of the Supervisory Council cq region of Central Celebes province of Indonesia concerning the appointment of the protocol. 3) after a petition submitted and accepted by the Supervisory Council of the Territory, then the Regional Supervisory Council issued a decree on appointment of notaries container protocol of notary who died or disappeared because of natural disasters.

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Yusuf Wisnu Mandaya

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+6285399441898

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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

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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