cover
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
Sultan Agung Notary Law Review
ISSN : -     EISSN : 26864428     DOI : 10.30659
Core Subject : Social,
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
The Notary Role in Making a Deed of an Electronic Sale-Purchase Agreement Ragil Ridho Dewanto; Setyawati Setyawati; Arpangi Arpangi; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.148-160

Abstract

The purpose of this research is to analyze and find out: 1). The role of the Notary in making the deed of the sale and purchase agreement based on Act No. 25 of 2009 concerning Public Services. 2) Constraints and solutions in making a Notary Deed electronically. The method used in this study is the juridical-normative method, the specifications in this study are descriptive analysis, the data used are primary data and secondary data, using data collection with library studies and field studies, qualitative data analysis, problems analyzed by authority theory and legal certainty. The results of this study indicate that: 1) The role of a notary in making a deed of sale-purchase agreement based on Act No. 25 of 2009 concerning Public Services is to authenticate electronic-based documents, which authentication documents can be printed out anywhere, anytime. Notaries also play a role in providing certainty to the parties when conducting transactions completely on their own consciousness and without any coercion or threats to sign electronic-based documents. In this cyber notary, the difference is in terms of facing. So far, facing is done by being physically present but facing in relation to a cyber notary is done by using electronic media, such as teleconference or video call. 2) Obstacles and solutions in making Notary Deeds electronically, namely the absence of laws governing cyber notaries in Indonesia such as in developed countries, is an obstacle for Notaries to take one step further in order to create good, effective, efficient, and safe public services.
Juridical Overview of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty Satya Eka Syahputra Thayeb
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.294-305

Abstract

The purpose of this research to find out and analyze the juridical review of the land sale and purchase agreement orally in the conception of legal certainty. Research methods it uses the approach in this study uses an empirical juridical approach. Empirical juridical research is an approach to problems regarding juridical matters and the existing facts regarding juridical matters. Empirical legal research or sociological research is legal research that uses primary data. The results of the study determined that: 1. Juridical Review of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty. Based on Article 1320 of the Civil Code regarding the conditions for a valid agreement, it does not regulate the form of an agreement, so that in making an agreement, the community is free to determine its form. Making an agreement in oral form is still valid, as long as it has fulfilled the legal requirements of the agreement stated in Article 1320 of the Civil Code. Oral agreements are also valid as long as there is no law that stipulates that the agreement to be made must be in written form, so that the oral agreement also has legal certainty in binding the parties who made it, for that if there is a default in the oral agreement, the oral agreement can be used as the basis to declare someone to be in default. 2. The Role and Authority of a Notary in Realizing Legal Certainty Against the Sale and Purchase of Land Conducted Orally. The role of a notary in making an authentic deed as regulated in Act No. 40 of 2004 concerning Notary Positions, based on this provision, the notary's authority in making the deed of sale and purchase of land has strong legal force because the authority is based on the law, so the deed concerned (in terms of binding sale and purchase of land/sales and purchase deed) can be used as a basis for authentic evidence by the parties if in the future there is a dispute regarding the object of the agreement as stated in Article 15 paragraph (2) letter f of the UUJN. 3. Example of Making a Deed of Sale and Purchase of Land.
The Electronic Integrated Credit Agreement & Liability Registration Process Dinda Laras Hapsari; Ira Alia Maerani; Widhi Handoko
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.229-240

Abstract

The implementation of the imposition of Mortgage Rights in a credit agreement aims to provide legal certainty and protection for all parties in utilizing land and objects related to land as credit guarantees in accordance with applicable legal regulations. In the current digital era, the Mortgage registration system has changed from conventional to electronic which is applied simultaneously without going through a transition period and adequate socialization, causing obstacles in the process. This study used a sociological juridical approach. The sociology of law approach was an approach that is used to look at legal aspects in social interactions in society, and served as a support to identify and clarify findings of non-legal materials for research purposes or legal writing. The juridical factor is based on the Regulation of the Minister of ATR/BPN Number 5 of 2020 concerning Electronically Integrated Mortgage Rights. The research problems were analyzed and solved by the Theory of the Work of Law, Agreement Theory, Theory of Islamic Justice. Based on the results of research and discussion: 1) Process of credit agreement with mortgage at a bank in the city of Tegal; 2) Electronic Integrated Mortgage registration process; 3) Constraints and solutions in Electronically Integrated Mortgage registration. The conclusion of this legal writing is that in the process of credit agreement with mortgage and the electronically integrated mortgage registration process in the city of Tegal, it is in accordance with the Minister of ATR/BPN Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services, but there are several obstacles in One of the reasons for the HT-el registration process was the lack of socialization carried out by the organizers.
Role & Responsibilities of Notary in Implementation of Association Registration Through the Online Legal Entity Administration System Abdul Hasim; Siti Rodhiyah; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.161-173

Abstract

This study aims to analyze: 1) The procedure for registering associations is through the online Legal Entity Administration System. 2) The role and responsibilities of a notary in carrying out the registration of associations through the online Legal Entity Administration System. The approach method in this research is a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded: 1). The association registration procedure through the online Legal Entity Administration System is uncomplicated. The procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the legal entity association is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-. 2). The role of the notary in carrying out the registration of associations through the online legal entity administration system is to order names and register the ratification of the association to the minister through the SABH. Notaries have an important role in managing the legal entity of the Association. People who need the legal entity ratification of the Association cannot access the SABH directly but must go through a Notary who has been registered in the SABH. This is because the notary plays a role in carrying out statutory orders so that the interests of the parties do not violate the law.
The Gap Liability of Substitute Notary on the Authentic Deed which is Made based on the Terms of Notary Position Danang Sanjaya; Bambang Tri Bawono; Widayati Widayati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.241-156

Abstract

This study aims to identify and analyze an authentic deed made by a substitute notary has the same power as perfect evidence as made by a notary official, to know and analyze the concept of a substitute notary so that the authentic deed product meets the requirements as perfect evidence like a notary official, and to find out and analyze examples of substitute notarial deeds. The research approach method used in this thesis is a normative juridical law research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Civil Code; and secondary data containing books, journals and other supporting documents. Collecting research data with techniques literature, laws, government regulations, and regulations under the law, journals, scholarly opinions, and legal cases. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results show that the authentic deed made by the substitute notary has a procedure regarding the provisions, the conditions that must be carried out since the notary official takes leave and the Minister of Law and Human Rights gives a letter of appointment of a substitute notary.
The Notary Role in Making Working Contract of Pharmacy with Capital Owner Ahmad Mufti Damara; Umar Ma'ruf; Sri Kusriyah; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.174-191

Abstract

A notary is a public official in charge of representing the state and is a profession, so that a notary gains the trust of both the government and the public. The value of this trust which is owned by a notary as a public official is not only obtained because of the law in making authentic deeds. This study wants to answer the problem of how the role of a notary in making a pharmacist work contract with the owner of capital for a dispensary in Grobogan district, how the constraints and solutions for the role of a notary in making a pharmacist work contract for a pharmacist in Grobogan district. The approach method used is sociological juridical, analytical descriptive research specifications. The data used are primary and secondary data, the data is accessed qualitatively and research problems are analyzed using the theory of legal protection and the theory of legal certainty. Based on the results of the study, it can be concluded (1) the role of a notary in making a work contract is that a notary has the authority to make an authentic deed regarding all agreements, and provisions required by legislation and/or desired by the interested parties to be stated in an authentic deed.
Legal Protection Duties on Notary Positions if Malpractice Happen in the Making of Authentic Deals Jane Florin Merietta; Djunaedi Djunaedi
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.257-264

Abstract

This legal research aims to identify and analyze the juridical consequences and responsibilities of a Notary if a Notary commits malpractice while carrying out his duties as a Notary, as well as to find out and analyze the extent of legal protection for the duties of a Notary's office who are suspected of having committed malpractice in making authentic deeds. This study uses a sociological juridical approach using descriptive analytical research specifications. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study is in the form of literature and the data analysis method used is qualitative data analysis. Based on the results of research and discussion, that if a Notary commits a malpractice against his authentic deed, then the authentic deed is relegated to a private deed. Then, legal protection for Notaries who commit acts of malpractice must involve professional organizations or INI as a forum that can educate and solve problems that exist among its members.
Transfer Juridical Review of Rental Object Function in A Rental Agreement to Rent a Shop House (Ruko) based on the Good Faith Principle Semiyanto Semiyanto; Siti Ummu Adillah; Maryanto Maryanto; Lathifah Hanim
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
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.4.1.102-201

Abstract

The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.
Legal Liability on Notary Negligence in Electronic Registration of Fiduciary Guarantee Laura Chrismetin; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.265-283

Abstract

This study aims to analyze and be able to find out about legal liability for notary negligence in registering fiduciary guarantees electronically. In the registration of online fiduciary guarantees, there is a big responsibility on the Notary because after completing filling in the data to continue the next access, the Notary is asked to approve in advance the statement that all data contained in the form is correct by marking the statement. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. Based on the results of research and discussion, Notaries in carrying out their duties, especially those related to making certificates, must be professional in accordance with applicable rules and notaries must be able to minimize mistakes at work due to the notary's carelessness can be called a practice mall and can be sued by the client as the responsibility of a profession carried by a notary.
The Juridical Overview of the Sale of Owned Land on Joint Assets by Husband without Wife's Consent Ary Patria Wisnu; Nanang Sri Darmadi; Andi Aina Ilmih
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
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.4.2.465-476

Abstract

The purpose of this research is to analyze: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN.Skt. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt. The approach method in this research is a normative juridical approach. The data used is secondary data obtained through literature study, data analysis was carried out by qualitative analysis. The results of the research concluded: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN. Skt is an absolute responsibility caused because in making the sale and purchase deed the PPAT was not careful and careful. As a result of decision No. 253/Pdt.Plw/2018/PN.Skt is deed No. 112/ sale and purchase deed is contrary to the law, it will cause losses for the opposing party. PPAT must share responsibility for material losses suffered by the parties. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt is invalid and null and void. As a result, the Plaintiffs suffered material losses. So that in terms of legal certainty theory, this sale and purchase cannot provide legal certainty for the Buyer, so that the Opponent II and PPAT must be responsible for the unlawful acts they have committed.