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[Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce ]]>
<![CDATA[Akrimni Nur Zakiyyah]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![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.3.4.1342-1352
<![CDATA[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.]]>
<![CDATA[Legal Consequences of Financing a PT Established by Husband and Wife Without a Marriage Agreement on the Signing of a Lease Agreement ]]>
<![CDATA[M Madaninabawi]]>;
<![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.3.4.1286-1298
<![CDATA[The purpose of this study is to analyze: 1). Regulation of the establishment of a limited liability company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company. 2). The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement are the signing of a lease agreement at a finance company. The research method used in this research is normative juridical research. The data in this study uses secondary data, which is sourced from library materials, while the data analysis uses qualitative analysis. The conclusions in this study are: 1) The regulation of the establishment of a Limited Liability Company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company, namely basically there is no clear statutory regulation regarding the establishment of a Limited Liability Company (PT) by a married couple without a marriage agreement, In practice, it is possible for a Notary to continue serving on the grounds that a PT is an agreement between two or more people and husband and wife as legal subjects have rights and obligations under the law. Even in the establishment of a PT, the Indonesian Ministry of Law and Human Rights - SABH never questioned husband and wife or not, the legal entity of the PT was still ratified. Generally, the lease agreement made is in the standard form made by the lessor, while the lessee only agrees to it. The agreement made is binding on the parties who make it. 2) The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement on the signing of a lease agreement at a finance company, namely the agreement is valid if it fulfills the conditions in the agreement, but in the event of bankruptcy or default in the lease agreement, the liability for the debt or losses to the finance company are not only borne by the assets available in the PT, if the assets in the PT are not sufficient to pay the debts, then husband and wife as well as founders and shareholders will share in the use of the joint assets.]]>
<![CDATA[The Legal Implications on Cancellation of Notaries which can be Canceled by Law ]]>
<![CDATA[Akhmad Mufasirin]]>;
<![CDATA[Aryani Witasari]]>
<![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.3.4.1472-1480
<![CDATA[The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.]]>
<![CDATA[Sale & Purchase of Land Under Hand With Testimony Sign by Village Head or Customary Head ]]>
<![CDATA[Yayuk Nur Hikmah]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.3.4.1228-1241
<![CDATA[Land has a very important relationship and meaning for human life. Land is an immovable object or a fixed object whose ownership is regulated by the prevailing laws and regulations in Indonesia. Including the transfer of land rights due to buying and selling, the transfer of land from the seller to the buyer must use a valid or authentic proof of transfer made by the official making the land deed. In accordance with the laws and regulations. This study uses sociological juridical research methods, descriptive research specifications, aims to describe a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary law, secondary law and tertiary law. The research results that have been collected are then analyzed qualitatively. The formulation of the problem was analyzed using the theory of legal certainty, the theory of usefulness or legal expediency, and the theory of legal justice. Based on the results of the study, it can be concluded, buying and selling land under the hands is still often done because people are not aware of the law of buying and selling land and the importance of proof of the transfer of land rights. The process of implementing the sale and purchase of land in the presence of the Village Head or Customary Head in Seruyan Regency is the parties coming to the village head's office and requesting a transfer of sale and purchase letter or proof of transfer of land rights to the village head and bring the conditions determined by the Village Head. The solution so that land registration can be carried out is that the process of buying and selling land must be carried out again in the presence of PPAT.]]>
<![CDATA[Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary ]]>
<![CDATA[Widyo Adi Wicaksono]]>;
<![CDATA[Amin Purnawan]]>
<![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.3.4.1416-1423
<![CDATA[In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.]]>
<![CDATA[Implementation of Complete Systematic Land Registration Fee (PTSL) Determination at City/District Level ]]>
<![CDATA[Ardo Yoga Pradana]]>;
<![CDATA[Achmad Sulchan]]>
<![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.3.4.1178-1192
<![CDATA[This study aims to examine the policy for setting a Complete Systematic Land Registration (PTSL) fee at the central government level and the implementation of a Complete Systematic Land Registration (PTSL) fee determination at the Regency/City level. The research method in this thesis uses a normative juridical method and the research specification is descriptive analysis with the type of data based on primary and secondary data. Based on the results of observations and studies of laws and regulations related to the object of research, it shows that the PTSL costing policy has been regulated by the central government through a Joint Decree of 3 Ministers in which PTSL costs are categorized according to the region. Local governments in determining policies related to PTSL costing, their implementation must still refer to central policies so that policy synchronization continues. Regions that set costs in accordance with the SKB rules can immediately socialize the implementation of PTSL. Meanwhile, regions that determine the costs of PTSL themselves, through a policy-making mechanism and their determination must be regulated in writing through regional/village regulations. Suggestions from the results of this study. The implementation of PTSL needs to be socialized more massively, the government must ensure that there are no illegal fees, and if there are costs that exceed the provisions, a written determination is made and socialized to the public.]]>
<![CDATA[The Role of a Notary in Making A Syndicated Loan Authentic Deed ]]>
<![CDATA[Jodi Purgito]]>;
<![CDATA[Bambang Tri Bawono]]>
<![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.3.4.1353-1363
<![CDATA[The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.]]>
<![CDATA[Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants ]]>
<![CDATA[Nanda Herawati]]>;
<![CDATA[Aryani Witasari]]>
<![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.3.4.1299-1307
<![CDATA[The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.]]>
<![CDATA[Legal Analysis of Notary Deals Buy & Sale Binding Agreement (PPJB) ]]>
<![CDATA[N. Dewi Ratnasari]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![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.3.4.1481-1490
<![CDATA[The purpose of this study is to analyze and explain the legal analysis of the notarial deed of sale and purchase agreement (PPJB). To analyze and explain legal protection for the fulfillment of the rights of the parties if one of the parties defaults in the sale and purchase binding agreement (PPJB).The method used by the researcher is Empirical Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Legal analysis of the notarial deed of sale and purchase binding agreement (PPJB), namely this sale and purchase binding agreement deed does not provide legal certainty and protection to the parties regarding the agreement they made. The position of the Deed of Sale and Purchase Agreement is null and void due to the non-fulfillment of the legal requirements of an agreement. This sale and purchase agreement is carried out on the basis of an agreement even though the buyer knows that the object of the sale is a guarantee for the seller's debt to the bank.]]>
