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Fakultas Hukum Universitas Jember Jl. Kalimantan No. 37, Krajan Timur, Sumbersari, Jember, Jawa Timur 68121 ​​https://law.unej.ac.id sekretariat.fh@unej.ac.id 0331 - 335462
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INDONESIA
Jurnal Ilmu Kenotariatan
Published by Universitas Jember
ISSN : 27231011     EISSN : 27231011     DOI : 10.19184/JIK
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL ILMU KENOTARIATAN merupakan Jurnal yang diterbitkan oleh Fakultas Hukum Universitas Jember yang bertemakan Ilmu Hukum berkaitan dengan Kenotariatan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, khususnya Hukum Kenotariatan. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang kepada penulis untuk mempublikasikan pemikiran hasil penelitian orisinalnya, baik para akademisi yaitu mahasiswa maupun dosen, ataupun para praktisi hukum. Fokus dan Lingkup penulisan dalam Jurnal ini memfokuskan diri mempublikasikan artikel ilmiah hukum yang berkaitan dengan bidang kenotariatan dengan topik-topik sebagai berikut: Hukum Kenotariatan. Hukum Pertanahan. Cyber Notary. Hukum Perdata. Hukum Bisnis. Hukum Administrasi. Hukum Internasional. Hukum Acara. Hukum Dan Masyarakat. Hukum Informasi Teknologi dan Transaksi Elektronik. Hukum Hak Asasi Manusia. Hukum Kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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Analysis of the Role of PPAT as a Shield in Illegal Property Transactions to Intercept the Land Mafia Hilbertus Sumplisius M. Wau; T. Keizerina Devi Azwar
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.43203

Abstract

Illegal property transactions conducted by land mafias pose a serious threat to property transactions and land ownership. In this context, the role of the Land Deed Official (PPAT) plays a crucial role in preventing such illegal practices. The objective of this research is to analyze the role of PPAT as a shield in illegal property transactions carried out by land mafias. This study adopts a descriptive-analytical normative legal research approach, with secondary data as the primary source. Data collection techniques involve literature review, and data analysis focuses on identifying the modus operandi of land mafias, the role of PPAT in preventing illegal transactions, and their impact on society. The findings reveal that PPAT has the responsibility to verify documents, communicate with relevant institutions, reject suspicious transactions, and collaborate with law enforcement agencies. PPAT also plays a crucial role in educating the public and raising awareness about the dangers of land mafias. In conclusion, the role of PPAT in preventing illegal property transactions by land mafias is of utmost importance. Through stringent oversight, collaboration with relevant institutions, rejection of suspicious transactions, and public education, PPAT can act as the forefront in combating land mafia practices. By fully understanding their role, PPAT can protect the public, uphold property justice, and prevent the negative impacts caused by these illegal practices. KEYWORDS: Illegal, Land Mafia, PPAT, Property.
Tantangan Implementasi Sertipikat Tanah Elektronik di Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional Republik Indonesia Kurnia Rheza Randy Adinegoro
Jurnal Ilmu Kenotariatan Vol 4 No 2: November 2023
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v4i2.41314

Abstract

The development of technology and communication systems in the world is currently growing rapidly. This technological advancement brings various impact changes. All sectors in life are starting to be touched by digital transformation, both in the private sector and the public sector. One of the public sector service providers in the field of land, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has responded positively to digital transformation. This is realized by transforming land services, one of which is the transformation of Land Rights Certificates which were previously carried out conventionally to be transformed electronically. This research method is a normative juridical research method, namely a method that is carried out by studying and analyzing laws and regulations or other legal documents that are relevant to the problem to be studied. The data collection model is based on library research. This study tries to describe descriptively how the terminology of legal regulation regarding electronic certificates. The following discussion discusses the challenges of implementing electronic certificates and how the settlement efforts are carried out by the Ministry of ATR/BPN The results of this study found several challenges in implementing electronic certificates. These challenges include Infrastructure, Limited Community Capacity, Cyber Security, Digital Literacy Gaps and Data Privacy Issues. This paper also discusses the response of the ATR/BPN Ministry in facing these implementation challenges. KEYWORDS: Land Certificate, Electronic Land Certificate, Digital Transformation.
Bridging the Gap by Exploring Inequalities in Access to Land and Disparities in Agrarian Law in Indonesia Natasya Aulia Putri; Sarmilah Sarmilah; Jennifer Velda; Wulan Mirdayanti Zschock
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47416

Abstract

This article explores the historical underpinnings of unequal access to land in Indonesia, tracing its roots to colonial legacies and the lasting impact of Dutch colonial rule. Through an examination of laws such as the 1870 Agrarian Law, it highlights how indigenous peoples were systematically dispossessed of their land, exacerbating social inequality and perpetuating economic injustice. It also underscores the widespread legal uncertainty faced by marginalized groups, which hinders their access to essential services and deepens social and economic disparities. After the proclamation, Indonesia chose to create new regulations by passing Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA). This law became the legal framework for Indonesia's agrarian reform. Furthermore, this article explores the critical role of agrarian reform in reducing this disparity, advocating for comprehensive policy reforms that aim to strengthen legal protections for the land rights of marginalized communities. By elucidating the historical trajectory of land access inequality and its contemporary manifestations, this article contributes to a better understanding of the complex socio-legal dynamics that shape land tenure in Indonesia. Through a critical examination of colonial legacies and current policy frameworks, it seeks to inform efforts aimed at promoting social justice and equitable resource distribution. Ultimately, the article underscores the importance of agrarian reform that prioritizes the rights and welfare of marginalized communities, hoping to pave the way towards a more inclusive land governance regime and sustainable development. KEYWORDS : Land Access, Inequality, Agrarian Law, Agrarian Reform
Akibat Hukum Penandatanganan Surat Kuasa Jual Mutlak Sebelum Debitor Mengalami Kredit Macet Tiyas Putri Megawati; Aulia Dwi Ramadhanti; Faizah Nur Fahmida
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47362

Abstract

Credit Agreements are always followed by the provision of guarantees, one of which is land that charged with Dependent Rights or by granting Power of Attorney to Sell from Debtors to Creditors. Referring to the Instruction of the Minister of Home Affairs Number 14/1982 about the Prohibition of the Use of Absolute Power of Attorney, the signing of a Power of Attorney to Sell that made unconditional without terms and condition about discontinuation and contain absolute clauses is expressly prohibited. This opens up risk opportunities in the future, especially for the Debtor. In reality, the signing of a Power of Attorney to Sell in conjunction with credit agreement at the beginning is still widely found. In this study, the author examines the topic using normative juridical methods or legal research. The conclusion of this study shows that the signing of the Absolute Power of Attorney to Sell at the beginning before a bad credit occurs causes the power of attorney being null and void, because it doesn't meet one of the objective requirements of the agreement, especially about a lawful cause as in Article 1320 paragraph (4) of the Civil Code. In terms of the Absolute Power of Attorney to Sell, the Debtor entitled legal protection both in preventive or repressive ways. KEYWORDS : Absolute Power of Attorney to Sell, Legal Consequences, Non-Perfoming Loan (NPL)
The Antinomy of Agrarian Reform Regulations After the Establishment of the Land Bank Authority Bayu Praditya Herusantoso
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.46593

Abstract

The establishment of the Land Bank through Government Regulation No. 64 of 2021 introduces a significant framework designed to secure land availability for public, social, national development, economic equality, land consolidation, and agrarian reform purposes. This regulation marks a new phase in agrarian reform, particularly with the introduction of Presidential Regulation 62 of 2023, which replaces earlier regulations (Nos. 88 of 2017 and 86 of 2018) to streamline and enhance the effectiveness of land reforms. Despite its mandate to allocate 30% of land for agrarian reform, the Land Bank faces challenges due to overlapping land acquisition sources, which often intersect with lands designated for agrarian reform. This research utilizes normative juridical methods to analyze these conflicts between the regulations governing the Land Bank and the enhanced framework provided by the Presidential Regulation on Acceleration of Agrarian Reform. The findings highlight a significant overlap between the targeted lands for agrarian reform and those acquired by the Land Bank. This overlap results in discrepancies in land rights among subjects of land redistribution, who are affected differently depending on whether lands are under the management rights of the Land Bank. The study suggests that legal harmonization efforts are necessary to address these conflicts, recommending the application of Lex superiori derogat legi inferiori, where higher legislation should override lower ones. Such harmonization is critical to resolve norm conflicts and ensure the equitable distribution of land rights, thereby facilitating the objectives of agrarian reform. KEYWORDS : Antinomy, Agrarian Reform, Land Bank
Back Cover Vol 5 No 1: May 2024 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47915

Abstract

The Obligation of Notary as a Reporter in Efforts to Prevent and Eradicate Money Laundering Crime Erwin Kunta Tejakusuma; Dwi Endah Nurhayati; Samuel Saut Martua Samosir
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.46678

Abstract

Money laundering is a structured and diverse crime, the implementation of which can utilize financial institutions and institutions outside the financial system. In Government Regulation No. 43/2015 on Reporting Parties in the Prevention and Eradication of ML, it is stated that notary is one of the reporting parties. However, this obligation to report conflicts with the obligation to keep the contents of the deed and all information regarding the deed confidential as stipulated in the Notary Position Law. Notaries in carrying out their duties are bound by an oath of office that they must uphold. One of the notary oaths is regarding notary confidentiality as written in Article 4 Paragraph (2) of Law Number 30 Year 2004. In addition, notaries in carrying out their positions, based on Article 16 of UUJN Paragraph (1) letter f, notaries are obliged to "keep confidential everything regarding the deed they make and all information obtained for the making of the deed in accordance with their oath / pledge of office, unless the law determines otherwise". The clash of norms between private law and public law certainly requires legal protection in carrying out their positions. The legal protection applied is related to the guarantee of the rights and obligations of notaries, both regarding their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes and notary obligations in the realm of private law. This legal protection is intended so that notaries can be free from claims or lawsuits in carrying out their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes. KEYWORDS : Notary, Obligations of the Reporting Party, Legal Protection.
Akibat Hukum Bagi Notaris Terhadap Penyalahgunaan Keadaan Dalam Pembuatan Akta Autentik Rifandika Naufal Afif; Andi Muh Ihsan; Dita Elvia Kusuma Putri
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47761

Abstract

In its development, the lawsuit for canceling e agreement due to the absence agreement as included in first condition Article 1320 of the Civil Code, is not limited to Article 1321 of the Civil Code, such as oversight, coercion and fraud, but in its development new reasons emerge, namely misbruik van omstandigheiden. In practice, raising questions related to classification can be categorized abuse of circumstances and the notary's responsibility in a deed that is proven to have an abuse of circumstances. This study to analyze the legal consequences of misuse of circumstances in making authentic deeds for notaries. The legal issues, are, 1) First, the criteria abuse circumstances in making an authentic deed, 2) Second, the responsibility of the notary an authentic deed which was canceled due to a misuse of circumstances. This research is a normative research with a statutory approach, a conceptual approach, and a case approach. Based on this research, it was found that First, the criteria for misuse of circumstances in a notarial deed include: a. There is a loss suffered by one party; and b. There was abuse of opportunity by the parties at the time of the agreement, both economic and psychological abuse. Second, the notary's responsibility in the event that the deed does contain misuse of circumstances, then according to the classification of the error, it must be seen whether there was an error, whether intentional by the notary or an error, due to negligence in doing certain things. KEYWORDS: Abuse of Circumstances, Notary, Responsibility of the notary.
Front Cover Vol 5 No 1: May 2024 Ajeng Pramesthy Hardiani Kusuma
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47914

Abstract

Urgensi Pembuatan Akta Kesaksian dan Akta Pernyataan Ahli Waris Oleh Notaris Juristie Widyadhana; Putri Kemalasari; Shania Anindya Fitriani
Jurnal Ilmu Kenotariatan Vol 5 No 1: May 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i1.47350

Abstract

In matters of inheritance, an individual requires evidence to prove that they are legitimate heirs of the deceased.The Deed of Inheritance Testimony and The Deed of Heirs' Statement are deeds that are used as the basis for creating a Deed of Information on Inheritance Rights. In this research, we will discuss the urgency of creating a Deed of Inheritance Testimony and a Deed of Heirs' Statement and what consequences will occur to the Notary if they do not make these two deeds. The research method in this research is normative juridical, namely research using library materials or secondary data. This data will be analyzed qualitatively so that it will produce analytical descriptive data. Based on the research, it was found that the Deed of Inheritance Testimony and the Deed of Heirs' Statement have an important role in growing the Notary's confidence when creating a Deed of Information on Inheritance Rights and as security for the Notary himself because they can be used as evidence when there are problems related to heirs. As a result of not creating these two deeds, there are no sanctions given, but it can put the notary's position and position at risk of being exposed to problems from the Deed of Information on Inheritance Rights that has been made. KEYWORDS: Deed of Inheritance Testimony, Deed of Heirs' Statement, and Notary

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