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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 298 Documents

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Comparative Study of Development between Islamic Inheritance Law According to Compilation of Islamic Law (KHI) & Faroid Science Ninuk Tri Welas
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 background of this research explains that the Islamic Inheritance Law regulates the matters of inheritance (inheritance) left by the deceased, namely regulating the transfer of inheritance from the deceased (heir) to the living (heir). This study uses an empirical juridical approach, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. This research in: (1) Forms of inheritance law that have not been contained in conventional fiqh (fiqh almawarits), but they have been contained and codified in the KHI inheritance law, including: Article 171 concerning Joint Assets, Article 177 concerning the division of fathers `asobah. Article 209 states that adoptive fathers and adopted children receive an inheritance, and if they do not receive a will, then they are entitled to receive a compulsory will. (2) Comparison of Islamic Inheritance Law according to the Compilation of Islamic Law (KHI) with Faroid Science, namely: Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI.

The Notary Liability as a General Officer in Making Banking Credit Agreements Tri Wahyuni Bintang; Maryanto Maryanto
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 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.

The Role of Notary in Resolution of Company's Share Ownership Issues by Two People Based on Act No. 40 of 2007 regarding Limited Liability Companies Imam Firdaus; Ahmad Khisni; Amin Purnawan
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Article 88 paragraph (1) of Act No. 40 of 2007 states that RUPS to amend the articles of association can be held if at the meeting at least 2/3 (two thirds) of the total shares with voting rights are present or represented in the RUPS and the decision is valid if it is approved at least 2/3 (two thirds) of the number of votes cast, which causes problems if the Limited Liability Company only has two shareholders with the same percentage of share ownership. The purpose of this study is to determine the impact of Limited Liability Company ownership by two people with the same share percentage and to find out the role of a notary in solving the problem of limited liability company share ownership by two people with the same percentage. The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that the ownership of PT shares owned by 2 (two) shareholders with balanced share ownership can certainly cause losses to the PT, especially causing difficulties in decision making at the implementation of the AGM. Where if during the RUPS, one of the parties does not approve the results of the RUPS, so the decision cannot be taken because the quorum is not fulfilled. The RUPS is an organ of the Company which has the remaining authority which is not given to the Board of Directors and the Board of Commissioners. The RUPS represents the will of the shareholders as a whole, either as a result of a decision by deliberation or a decision as a result of voting results that are in accordance with and in line with the provisions of the Association and or the Company Law. So it can be said that the RUPS is a meeting held by shareholders in their position as the owner of the company, which has the authority that neither the board of directors nor the board of commissioners have.

Settlement Of Electronic Integrated Liability Services Lisza Agustina Putri
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.2.4.713-721

This study aims to identify and analyze the solutions to problems that arise in the implementation of integrated electronic mortgage services. The approach method in this research is sociological juridical method. The specification of this research is descriptive analytical. The data in this study are secondary data. These problems are analyzed using the theory of justice, the theory of expediency, and the theory of the legal system. Based on the results of the research that solving service problems. Security rights integrated electronically things that must be done so that no parties are disadvantaged in the problems faced, For PPAT the HT-el system needs to be repaired and upgraded to meet the provisions of laws and regulations as well as the needs in the field. It is also necessary to provide intensive counseling to all parties involved in implementing integrated electronic security rights. For Creditors, it is necessary to develop HT-e application services by utilizing the strengthening of coordination between agencies, in this context, namely the Ministry of Finance, so that the process of operating and developing services is sustainable. HT-el can be achieved by the development of HT-el services based on Human Resources (HR).

Publication of Notary Positions on Personal Social Media Accounts Sani Satriangga Atmaja
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

A notary is a public official who is authorized to make an authentic deed with perfect evidentiary power. The position of a Notary is a Public Position that upholds the dignity and trust of the community so that in carrying out its duties, it must adhere to the prevailing laws and regulations and the Code of Professional Ethics. Based on the provisions of the Professional Code of Ethics, a Notary is prohibited from publishing his position or self-promotion, while in this digital era it is not uncommon for a Notary to list his position on his social media accounts. The purpose of this study is to explain and analyze the legal consequences of the publication of a notary position and how to apply sanctions and solutions for violations of the code of ethics according to Act No. 2 of 2014 concerning the position of notary and the code of ethics of a notary. The method used in this study is the normative juridical method, the specifications in this study are descriptive analytical, the data used are secondary data, using data collection sourced from library research that produces primary law materials, secondary law materials, and tertiary law materials, problems analyzed with the theory of Triadism Law and the theory of Legal Effectiveness. The results of this study indicate that the prohibition on the publication of Notary Positions for Notaries is based on the fact that a Notary as a position that provides services to the public requires the trust of the public, thus Notaries are obliged to uphold their nobility of dignity in accordance with the Law on Notary Positions and the Notary Code of Ethics. The legal consequences for a Notary who publish his Notary Position in Social Media accounts are not in accordance with the oath / promise of Position that has been uttered and mandated by the Notary Position Act, and violates the prohibition provisions in the Notary Code of Ethics.

Settlement Disputes on Land Right Between Factory and Farmers Through Agrarian Reforma Rachmah Risandi
Sultan Agung Notary Law Review Vol 2, No 1 (2020): March 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The specific object in this research is Land Rights Dispute Settlement between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency through Agrarian Reforma with the formulation of the problem: (1) Why is there a dispute over tenure over land rights between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency? (2) What is the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law? (3) What are the obstacles faced by the Regional Office of the National Land Agency of Central Java Province in resolving land tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency? (4) What is the follow-up to the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency through Agrarian Reforma? This study uses an empirical juridical approach with explanatory analysis research specifications. Primary data of this study were obtained from interviews with Central Java Provincial Office, Kendal District Land Office, PT. Karyadeka Alam Lestari and the head of Trisobo village using the snowball sampling method. The data collection techniques used were library studies and field studies. The data analysis technique used descriptive qualitative. The results of the research are: (1) The occurrence of land rights tenure disputes between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency because of the social disparity between Trisobo Village farmers and PT. Karyadeka Alam Lestari. (2) Settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency, by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law. (3) The obstacle faced by the mediator is in providing a correct legal understanding of land control to the disputing parties. (4) The follow-up action taken by the Regional Office of the National Land Agency of Central Java Province is to determine a portion of the land object of the dispute covering an area of 11. 5 Ha is state land released by PT. Karyadeka Alam Lestari to Trisobo village and used as land Reforma land objects which will be redistributed to 570 farmer families in Trisobo Village, Boja District, Kendal Regency through the Agrarian Reforma program.

Legal Assurance Analysis in Disputes Settlement of Rights Transfer to Land Due to Waqf Kusuma Kusuma; Achmad Sulchan
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 research is to find out and analyze: 1). Implementation of the registration of the transfer of ownership of land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency. 2). Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf. 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf in Madiun Regency. The approach method in this research is empirical juridical, namely research that focuses on individual or community behavior in relation to the law. The data used are primary and secondary data obtained through interviews and literature study, while the data analysis method is done by qualitative descriptive analysis. The results of the research concluded: 1) Implementation of the registration of transfer of ownership rights to land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency, namely for land that has not been certified, the documents are equipped such as the Waqf Pledge Deed, photocopy of ID card/KK, photocopy of ID card/right owner identity, certificate of land history, statement of physical possession, power of attorney for application, photocopy of land and building tax, proof of title/proof of ownership, certificate of non-dispute and letter of approval of Nadzir, while for land registration that has been certified, the completeness of the documents required is the Deed of Waqf Pledge, certificate of land rights, photocopy of the applicant's ID card/KK Photocopy of the right owner's ID card/KK, application letter, statement of waqf grace period, Nazhir approval letter, statement of non-disputed land, a statement that the land/building is physically controlled, and proof of SSP/PPH. 2) Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf in Madiun Regency, namely there are still some people who are still reluctant to take care of waqf land certificates, because of the assumption that the waqf land certification process requires very expensive costs, the solution made by the government is to carry out socialization and outreach activities to the community 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf is based in Madiun Regency, namely if there is a dispute regarding the property that has been waqf, then the lawsuit is submitted to the competent Religious Court. However, the law allows the settlement of waqf disputes to be settled out of court, as described in Article 62 of Act No. 41 of 2004 concerning Waqf by prioritizing settlement through deliberation.

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.

Notary Authority to Make Certificate of Heir Based On Notary Positions Miranti Kusuma Wardhani
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Before the Act No. 30 Of 2004 about notary Occupation being progress, there is no special regulation that is becoming the basic for Notary authority to make the Bank statement for heir in practically in Indonesia. After the Act No. 30 Of 2004 about notary Occupation being progress, the notary authority to make the bank statement for heir is not arranged expressly in section 15 sentence (2). In consequence require by an analysis to notary authority in making Bank statement for heir especially after the Act No. 30 Of 2004 about notary Occupation being progress. This research uses the empirical approach juridically. The example is taken by non random purpose sampling. Analyze done by descriptive, to analyze the notary authority in making bank statement for heir after the Act No. 30 Of 2004 about notary Occupation being progress. Target of this research is to know and studying of arrangement of notary authority in making Bank statement for heir in pursuant to number Act No. 30 of 2004 about notary Occupation, the strength of verification of Bank Statement for Her which made by some different notary people to heir in someone to heir and third party and also sanction to notary and notary responsibility if wronging in Bank Statement for Heir. From research result known that base of Notary authority make the bank Statement for Heir customary law since away back caused a notary assumed by as of side knowing about hereditary law, verification Bank Statement depend on wisdom of justice and sanctions and also notary responsibility if wronging in making Bank Statement Heir that is Section 1365 of the Civil Code. Suggested that a notary authority in making Bank Statement Heir formally cover the authority of functional and heir criterion able to make the Bank statement heir before notary.

The Role of Notary-PPAT in the Implementation of Tax Payment Fraud Prevention Ade Kusumadewi; Gunarto Gunarto; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research has the following objectives: 1) To determine the role of the Notary/Land Deed Making Officer (PPAT) in the implementation of fraud prevention in connection with the Payment of Taxes/Tax Charges for Acquisition of Land and Building Rights (BPHTB) for the Implementation of the Process Sale and Purchase based on Authorization to Sell with the Object of the Sale and Purchase of Land and Buildings. 2) To find out the factors that arise to prevent fraud against fraud in the imposition of the tax burden on the acquisition of land and building rights (BPHTB). Method used in this research is empirical juridical method. Research using the empirical juridical method is research on the effect of the law on society. This study uses primary data sources and secondary data sources. Primary data sources are sources obtained from field research, while secondary data sources consist of primary legal materials, secondary legal materials, and tertiary materials. Then the data were analyzed qualitatively. The research results show that: 1) The authority of the recipient of the power of attorney cannot be proven in real or not valid, unless it is proven by the existence of a sale-purchase agreement (PPJB) which contains the word paid. Because then it can be proven that the party is really the buyer. If it is not attached with a Sale-Purchase Deed (PPJB), it is feared that it will be misused or used by those who wish. In accordance with Article 1320 (KUHPerdata) regarding the validity of an agreement between the power of attorney and the grantor of power. Where in the process of transfer of name or request for sale and purchase certificates due to the transfer of rights to land and buildings, one of the conditions that must be fulfilled by the cliet or certificate application is the settlement of tax payments, who are burdened with taxes in the process of transferring rights to land and buildings, namely Seller and Buyer. Buyers are subject to tax burdens in the form of Fees for Acquisition of Land and Building Rights (BPHTB). So the role of the Notary/PPAT Officer is very much needed to minimize the existence of fraud that can result in losses for the Notary/Land Deed Making Official itself. 2) Preventing Factors for Notary Officers or Land Deed Making Officials (PPAT) so that there is no misuse of the power of sale and purchase of land in relation to the tax burden on the acquisition of land and building rights (BPHTB), including: a) Making a statement letter under the above hand stamp 6000, and inserted in the document; b) Photos of the parties; c) Closed-Circuit Television (CCTV); d) Fingerprints of the parties; e) Receipt in full for the sale of land which must be written by the party itself; and f) Providing a moral message to the parties so that their actions are truly honest, containing: (1) That the sale and purchase is based on the principles of good faith and propriety; (2) Sale and Purchase conducted in a clear and cash manner; and (3) Please be honest about the number of transactions.

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
sanlar@unissula.ac.id

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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