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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<![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.]]>
<![CDATA[The Notary Liability as a General Officer in Making Banking Credit Agreements ]]>
<![CDATA[Tri Wahyuni Bintang]]>;
<![CDATA[Maryanto Maryanto]]>
<![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.3.4.1424-1435
<![CDATA[The existence of a Notary must be impartial or neutral, so a Notary in making a deed may not involve himself in the deed, including the making of a deed for his family, also includes the prohibition of involving his family members as witnesses. If the Notary makes a technical error or is proven to have violated the Notary Position Act, from various sanctions depending on what mistakes were made by the Notary. If the Notary is asked by the client to provide the necessary information or advice related to the process of making the deed, if the information or advice given by the Notary is wrong or inappropriate and causes the client's loss, the Notary must be responsible as long as the information provided by the client is also true or not a lie. This study uses a sociological juridical approach.]]>
<![CDATA[Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Sole Heirs ]]>
<![CDATA[Hikmatul Mahfiyyah]]>;
<![CDATA[Jawade Hafidz]]>
<![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.3.4.1193-1201
<![CDATA[It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.]]>
<![CDATA[Implementation Effectiveness of Electronic Liability Registration ]]>
<![CDATA[Endah Subekti Tri Astuti]]>;
<![CDATA[Widayati Widayati]]>
<![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.3.4.1364-1374
<![CDATA[The purpose of this study is to determine and analyze: 1) the effectiveness of the current electronic mortgage registration implementation. 2) Factors that affect the effectiveness of the current implementation of electronic mortgage registration. The approach method used in discussing this research problem is a normative juridical approach.The research specification used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The implementation of HT registration with the HT-el System at the Land Office has not all been carried out in accordance with the procedures stated in the Technical Guidelines for HT-el. Procedural discrepancies, for example, were found in files that were suspended and closed in 2019 until May 12, 2020. Application files that did not comply with the procedures were discovered based on the results of the Land Office inspection, if not checked, the HT-el certificate would be issued automatically on the seventh day. Issuance without any inspection from the Land Office if there is a procedural error, it is feared that it will become a problem in the future. Obstacles in HT registration with the HT-el System occur in PPAT, Banks as creditors and the Land Office. These obstacles arise during the HT registration process, both technically and non-technically. 2). Barriers related to technical aspects include the lack of facilities such as ranking selection, selecting more than one certificate and providing facilities for checking certificate data in HT-el applications. Meanwhile, in non-technical barriers, there are regulations in Permen ATR/BPN No. 5 of 2020 which is not in accordance with UUHT as the legal basis for the Ministerial Regulation issued, where in UUHT the second sheet of APHT and other warrants are submitted to the Land Office in physical form but in Permen ATR/BPN No. 5 of 2020 only in digital form of scan results.]]>
<![CDATA[Determination of Minimum Rates for Notary Honorarium to Avoid Tariff War between Notaries ]]>
<![CDATA[Widya Ishwara Danardana]]>;
<![CDATA[Maryanto Maryanto]]>
<![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.3.4.1308-1319
<![CDATA[The notary position is an institution created by the state. Notary as a position is a field of work created by legal rules for certain functions and is sustainable as a work environment. The existence of a notary as a state official who is authorized to make a legal product, namely an authentic deed, does not receive an honorarium from the state, therefore a notary is entitled to receive an honorarium for the legal services provided. Notaries receive an honorarium from the public for services in making an authentic deed. The honorarium is given to those who carry out their duties based on the laws and regulations, while the success fee is given to those who carry out the profession. Based on this description, This study aims to find out and analyze the basic regulatory considerations related to the amount of the Notary's honorarium in the Notary Position Act and the Notary Code of Ethics, analyze the formulation of the minimum amount of Notary honorarium arrangement, and find out the sanctions for notaries who violate the rules on the minimum rate of Notary honorarium. 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 the study indicate that the basis for consideration of setting the minimum amount of notary honorarium in the Law on Notary Positions has not been determined regarding the minimum amount. Basically, the Law on Notary Positions only provides a maximum limit on the honorarium that can be withdrawn from transactions. Notaries have the right to determine their own values based on their considerations as long as they do not exceed the maximum provisions of the Law on Notary Positions. It is necessary to amend Article 36 of the Law on Notary Positions in order to mention the determination of the minimum honorarium limit determined by the notary position organization, so that the determination of the notary position professional organization has binding power based on the Notary Position Act.]]>
<![CDATA[Online System Policy And Cyber Notary In Facing The Impact Of Covid-19 ]]>
<![CDATA[Ahmad Farid Bisyarohatie]]>;
<![CDATA[Umar Ma'ruf]]>;
<![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.3.4.1491-1507
<![CDATA[The purpose of this study is to describe and explain the reasons for the implementation of the online system and Cyber Notary has not been held in relation to Legal Policy in Facing the Impact of Covid-19 on Notary Performance. Describe the obstacles faced and to provide solutions to notaries in implementing an online and cyber notary system in Facing the Impact of Covid-19 on Notary Public Performance.The approach method in this research is juridical empirical. The specification used in this research is descriptive analytical. The data analysis method was carried out qualitatively. The results of this study are the application of an online system to cyber notary in Surakarta, which still requires more in-depth dissemination of security and effectiveness in the use of online systems and cyber notaries, as well as the obstacles faced in implementing the online system and cyber notary policies in dealing with the impact of covid- 19 in the city of Surakarta, there are still conflicting rules between Article 15 UUJN and Article 16 UUJN, linked to Articles 11 and 12 of Act No. 11 of 2008 and Act No. 19 of 2016 concerning Electronic Information and Transactions (UU ITE and PUU ITE).]]>
<![CDATA[Legal Protection Due to the Non-Competition Clause in Franchise Contract ]]>
<![CDATA[Miftahul Rosyadi]]>;
<![CDATA[Djunaedi Djunaedi]]>
<![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.3.4.1252-1260
<![CDATA[This study aims to: 1) Knowing and analyzing the legal protection due to the non-competition clause in the franchise agreement, 2) Knowing and analyzing the non-competition clause that has fulfilled the elements of article 1320 of the Civil Code regarding the terms of the validity of the agreement, 3) Knowing the example of the deed franchise agreement. The research method used in this study is a normative juridical method with secondary data sources. The research specification used is descriptive analysis. Researchers used normative research specifications with secondary data sources. The secondary data used by the researcher was collected by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it was easy to read. The data analysis method used by the researcher consists of the stages that the secondary data obtained will be used for descriptive-qualitative analysis. Based on the research, it is concluded that the legal protection due to the non-competition clause in the franchise agreement of Serba Wenak Restaurant is explained that in Article 13 of the draft franchise contract regarding trade secrets that franchisees are required to keep the system, management and methods of restaurant management secret from the franchisor during their tenure. The term of the agreement lasts or has expired. One of the characteristics of the Versatile Restaurant franchise is that there must be a written agreement (contract), In this case, the Serba Wenak Restaurant franchise agreement is stated in the deed of agreement that has been agreed upon by the franchisor, represented by the company director, Mr. Drs. M. Adung Darmadung with the franchisee, Mrs. Leni Marleni.]]>
<![CDATA[The Implementation of Partial Roya after Regulation of Minister of Agrarian & Spatial Planning ]]>
<![CDATA[Muhammad Iqbal al Hakiem]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Dahniarti Hasana]]>
<![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.3.4.1436-1450
<![CDATA[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.]]>
<![CDATA[The Role of Land Deed Officers in the BPHTB Payment Verification Process ]]>
<![CDATA[Fadhla Audina]]>;
<![CDATA[Taufan Fajar]]>
<![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.3.4.1202-1210
<![CDATA[PPAT plays an important role in the sale and purchase of land, which has indirectly helped the Head of Regency/City BPN to carry out activities related to land. PPAT's position is very important in the delivery of transaction prices as the basis for determining BPHTB to the public. The deed of sale and purchase is made when the object and the transaction price have been agreed upon and have been paid in full by the buyer, but before that, tax verification must be carried out as the main requirement in the land sale and purchase transaction. A potential source of tax that should be explored according to the current economic situation and condition as well as the development of the nation's development is the type of Customs Tax on the Acquisition of Land and Building Rights (BPHTB). Fee for the acquisition of land and building rights, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and building rights. The role of the Land Deed Maker Officer in the verification process for BPHTB payments in Batang City is to examine and supervise the signing of the deed. BPHTB tax collection exists because of the transfer of rights to land and buildings so that PPAT will make a deed of sale if the taxpayer pays the BPHTB tax first. The Land Deed Maker official plays a very important role in the verification process of BPHTB payments for sale and purchase transactions of land and building rights in Batang City.]]>
<![CDATA[Legal Protection of Land Rights Certificate Holders in Certificate Blocking Event by Land Office ]]>
<![CDATA[Edi Mulyanto]]>;
<![CDATA[Siti Ummu Adillah]]>
<![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.3.4.1375-1391
<![CDATA[The certificate is a certificate of proof of rights that applies as a strong means of proof regarding physical data and juridical data, and this evidence is not the only evidence, only strong evidence. This research uses sociological juridical. Sociological juridical research identifies and conceptualizes law as a real and functional social institution in a real life system. This study comes in: 1) Blocking Defects in Article 1 point (1) of the Regulation of the Minister of ATR/Head of BPN Number 13 of 2017 about the procedure for blocking and confiscation is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) on temporary land rights against changes to land law. 2) The state should protect the holder of the Land Rights Certificate because of the good faith of the holder and the state's decision to issue a certificate as proof of land rights which the state should not cancel without compensation. 3) Blocking that is not in accordance with Permen ATR/Ka.BPN 13 of 2017 about the procedure for blocking and confiscation does not only result in legal certainty not being realized, but also causes losses for the owner of the blocked certificate, both material and immaterial losses. Blocking cases has the potential to cause financial losses to the owner of the blocked certificate. Due to the block, the owner cannot access his land certificate. 4) Obstacles to land rights holders in the registration of the block because the land rights are disputed and confiscated by the Court or a dispute outside the court, the Land Rights are confiscated by PUPN/KPKNL in connection with the settlement of state receivables, so the parties are requested by the Head of the Land Office for blocking. The legal consequences for the owner of the certificate for blocking the Certificate of Land Rights at the Land Office are that the land is temporarily unable to take legal action and also the Land Office has the authority to refuse the registration of the Transfer and Transfer of Names to the Land Rights.]]>
