Pub Date : 2022-09-04DOI: 10.30659/sanlar.4.2.697-715
Yulia Sekar Nada
This study aims to find out and analyze the implementation of the settlement of bad loans with mortgage guarantee objects, to find out and analyze legal protection efforts against debtors' assets in the bonds of mortgage certificates to be executed, to identify and analyze weaknesses and solutions for implementing bad loans with objects mortgage guarantee. The approach method in this research is empirical juridical, referring to the literature related to legislation relating to bad loans and research by going directly to the object. The research specification is descriptive analytical, which is a study that seeks to describe in detail the social phenomena whose main problem is without hypotheses and statistical calculations of the required data, the data is taken by methods based on primary data, namely interviews and observations as well as secondary data obtained from literature studies and analyzed qualitatively. The research concluded that the implementation of the settlement of bad loans with the object of guarantee of mortgages was carried out by an auction process through the KPKNL as the last step in efforts to resolve bad loans.
{"title":"The Legal Protection for Debtors in the Implementation of Bad Credit Settlement with Guaranteed Objects of Mortgage","authors":"Yulia Sekar Nada","doi":"10.30659/sanlar.4.2.697-715","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.697-715","url":null,"abstract":"This study aims to find out and analyze the implementation of the settlement of bad loans with mortgage guarantee objects, to find out and analyze legal protection efforts against debtors' assets in the bonds of mortgage certificates to be executed, to identify and analyze weaknesses and solutions for implementing bad loans with objects mortgage guarantee. The approach method in this research is empirical juridical, referring to the literature related to legislation relating to bad loans and research by going directly to the object. The research specification is descriptive analytical, which is a study that seeks to describe in detail the social phenomena whose main problem is without hypotheses and statistical calculations of the required data, the data is taken by methods based on primary data, namely interviews and observations as well as secondary data obtained from literature studies and analyzed qualitatively. The research concluded that the implementation of the settlement of bad loans with the object of guarantee of mortgages was carried out by an auction process through the KPKNL as the last step in efforts to resolve bad loans.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121791274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.907-915
Kholishotul Adibah, Dahniarti Hasana, Dini Amalia Fitri
This research aims to know and analyze the role of land deed officials in making the deed of transfer of land rights and registration of transfer of names during the covid-19 pandemic at the Pekalongan City Land Office, to find out and analyze the legal consequences of making a deed of transfer of land rights that have been transferred, and to find out and analyze examples of a deed of transfer of land rights. This study uses a sociological juridical approach. This research specification uses descriptive analysis. The types and sources of data used in this study are primary data from interviews, while secondary data is obtained through library research. Research data collection is divided into 2 (two), namely primary data collection is done by interview and secondary data collection is done by collecting data contained in laws and regulations, books, articles and others. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the role of PPAT is to carry out some of the tasks of the state in the land sector, as a public official who is authorized to make authentic deeds. Since the signing of the deed by the parties, PPAT as one of the implementing officials of land registration is obliged to submit the deed he made and register the name transfer at the local Land Office. Since the Covid-19 pandemic, the Pekalongan City Land Office has implemented 8 (eight) steps of the conventional or semi-online service process, this is done so that services continue to run in a conducive manner and prevent the spread of the covid-19 outbreak. Second, there is legal certainty and legal protection for new rights holders by making a deed of transfer of land rights which has been transferred to a certificate of land rights.
{"title":"The Role of Land Deed Maker Officials in Making the Deed of Transfer of Land Rights and Registration of Transfer of Names During the Covid-19 Pandemic","authors":"Kholishotul Adibah, Dahniarti Hasana, Dini Amalia Fitri","doi":"10.30659/sanlar.4.3.907-915","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.907-915","url":null,"abstract":"This research aims to know and analyze the role of land deed officials in making the deed of transfer of land rights and registration of transfer of names during the covid-19 pandemic at the Pekalongan City Land Office, to find out and analyze the legal consequences of making a deed of transfer of land rights that have been transferred, and to find out and analyze examples of a deed of transfer of land rights. This study uses a sociological juridical approach. This research specification uses descriptive analysis. The types and sources of data used in this study are primary data from interviews, while secondary data is obtained through library research. Research data collection is divided into 2 (two), namely primary data collection is done by interview and secondary data collection is done by collecting data contained in laws and regulations, books, articles and others. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the role of PPAT is to carry out some of the tasks of the state in the land sector, as a public official who is authorized to make authentic deeds. Since the signing of the deed by the parties, PPAT as one of the implementing officials of land registration is obliged to submit the deed he made and register the name transfer at the local Land Office. Since the Covid-19 pandemic, the Pekalongan City Land Office has implemented 8 (eight) steps of the conventional or semi-online service process, this is done so that services continue to run in a conducive manner and prevent the spread of the covid-19 outbreak. Second, there is legal certainty and legal protection for new rights holders by making a deed of transfer of land rights which has been transferred to a certificate of land rights.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117207251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.930-939
Lukmanul Hakim, Taufan Fajar Riyanto, Andi Aina Ilmih
The purpose of this study was to analyze the role of a notary in registering applications for land rights over management rights. To analyze the process of determining land rights over management rights.The method used by the researcher isNormative JurisdictionandThe specifications in this study include descriptive analysis.The sources and types of data in this study are secondary data obtained from library studies. Based on the results of the study thatThe Role of Notaries in Application for Land Rights Above Management Rightsare: a. As a Consultant who provides legal counseling to clients; b. As an Authorized Person entrusted by his client for his competence and expertise.The process of determining land rights over management rights in the conception of legal certainty through procedures and complete requirements, namely a certificate of building use rights that is requested to be converted into a right of ownership, a deed of sale and purchase or a letter of acquisition regarding the land and the house in question, a letter of approval from the holder Mortgage Rights (if the land is encumbered with Mortgage Rights), Applicant's Identity Card, and Letter of Recommendation from Perum Perumnas. The granting or stipulation of land rights included in any settlement of land issues is intended as an effort to provide legal certainty guarantees for the holders of the rights.
{"title":"The Role of Notaries in Registration of Applications for Land Rights above Management Rights","authors":"Lukmanul Hakim, Taufan Fajar Riyanto, Andi Aina Ilmih","doi":"10.30659/sanlar.4.3.930-939","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.930-939","url":null,"abstract":"The purpose of this study was to analyze the role of a notary in registering applications for land rights over management rights. To analyze the process of determining land rights over management rights.The method used by the researcher isNormative JurisdictionandThe specifications in this study include descriptive analysis.The sources and types of data in this study are secondary data obtained from library studies. Based on the results of the study thatThe Role of Notaries in Application for Land Rights Above Management Rightsare: a. As a Consultant who provides legal counseling to clients; b. As an Authorized Person entrusted by his client for his competence and expertise.The process of determining land rights over management rights in the conception of legal certainty through procedures and complete requirements, namely a certificate of building use rights that is requested to be converted into a right of ownership, a deed of sale and purchase or a letter of acquisition regarding the land and the house in question, a letter of approval from the holder Mortgage Rights (if the land is encumbered with Mortgage Rights), Applicant's Identity Card, and Letter of Recommendation from Perum Perumnas. The granting or stipulation of land rights included in any settlement of land issues is intended as an effort to provide legal certainty guarantees for the holders of the rights.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124379640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.916-929
Lita Ardita Putri Widyantoro, Jawade Hafidz, Rizky Adi Prinandito
The deed throughout 2010 recorded that 12 housing certification cases had been handled by the Notary Supervisory Council, both central and regional. It is undeniable that certain individuals can do things that violate their professional code of ethics. In conducting this research, the author uses the research method used is normative juridical literature research, the sources of which can be obtained from library materials and document studies. The result of the research is that a deed that can be canceled remains valid and binding as long as there is no court decision that has permanent legal force that cancels the deed. Legal actions as outlined in a notarial deed can be canceled if they contain juridical defects caused by several things: inability to act and disagree or disagree in making them. It is different from a deed that can be canceled because in the process of making it it does not meet the subjective elements as stated in Article 1320 paragraphs (1) and (2) of the Civil Code. As legal subjects, humans cannot be separated from things called legal actions and what humans often do in carrying out their lives is making transactions. In conducting transactions, the parties cannot agree on an agreement. The agreement according to Article 1873 of the Civil Code is a follow-up agreement made in a separate deed that is contrary to the original deed, only providing evidence between the parties but does not apply to third parties with good intentions. Based on the legal requirements of the agreement in the form of a notarial deed, the two conditions for the validity of the agreement are not fulfilled, namely the existence of an agreement to bind oneself and a lawful cause. The legal consequences can be canceled or null and void by law.
{"title":"Juridical Analysis of the Position of the Notary Deed That Does Not Meet the Subjective Elements as a Condition for the Validity of the Agreement","authors":"Lita Ardita Putri Widyantoro, Jawade Hafidz, Rizky Adi Prinandito","doi":"10.30659/sanlar.4.3.916-929","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.916-929","url":null,"abstract":"The deed throughout 2010 recorded that 12 housing certification cases had been handled by the Notary Supervisory Council, both central and regional. It is undeniable that certain individuals can do things that violate their professional code of ethics. In conducting this research, the author uses the research method used is normative juridical literature research, the sources of which can be obtained from library materials and document studies. The result of the research is that a deed that can be canceled remains valid and binding as long as there is no court decision that has permanent legal force that cancels the deed. Legal actions as outlined in a notarial deed can be canceled if they contain juridical defects caused by several things: inability to act and disagree or disagree in making them. It is different from a deed that can be canceled because in the process of making it it does not meet the subjective elements as stated in Article 1320 paragraphs (1) and (2) of the Civil Code. As legal subjects, humans cannot be separated from things called legal actions and what humans often do in carrying out their lives is making transactions. In conducting transactions, the parties cannot agree on an agreement. The agreement according to Article 1873 of the Civil Code is a follow-up agreement made in a separate deed that is contrary to the original deed, only providing evidence between the parties but does not apply to third parties with good intentions. Based on the legal requirements of the agreement in the form of a notarial deed, the two conditions for the validity of the agreement are not fulfilled, namely the existence of an agreement to bind oneself and a lawful cause. The legal consequences can be canceled or null and void by law.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130320140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.895-906
Ibnu Adi Prasetyo, Bambang Tri Bawono, Nanang Sri Darmadi
A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.
{"title":"The Role and Responsibilities of a Notary in Making a Certificate of Inheritance for Disbursement of Time Deposit Savings Funds by the Heirs","authors":"Ibnu Adi Prasetyo, Bambang Tri Bawono, Nanang Sri Darmadi","doi":"10.30659/sanlar.4.3.895-906","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.895-906","url":null,"abstract":"A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116996385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.858-867
Dayan Panaya, Siti Rodhiyah, Setyawati Setyawati
This study aims to (1) determine and analyze the legal standing of the buy back guarantee agreement as a guarantee for the purchase of a house through a home ownership loan. (2) To find out and analyze the legal protection for banks through a buy back guarantee agreement as a supporter of a guarantee for the purchase of a house with a home ownership credit system. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed with quantitative descriptive. The results of the study show that (1) The Legal Position of the Buy Back Guarantee Agreement is categorized as a guarantee agreement.
{"title":"The Legal Protection for Banking Parties through Buy Back Guarantee Agreements to Support Guarantees for Home Purchases with a Home Ownership Credit System","authors":"Dayan Panaya, Siti Rodhiyah, Setyawati Setyawati","doi":"10.30659/sanlar.4.3.858-867","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.858-867","url":null,"abstract":"This study aims to (1) determine and analyze the legal standing of the buy back guarantee agreement as a guarantee for the purchase of a house through a home ownership loan. (2) To find out and analyze the legal protection for banks through a buy back guarantee agreement as a supporter of a guarantee for the purchase of a house with a home ownership credit system. This research is descriptive with a sociological juridical approach. The data collected in the form of primary data and secondary data. Data was collected through field studies and literature studies. Data were analyzed with quantitative descriptive. The results of the study show that (1) The Legal Position of the Buy Back Guarantee Agreement is categorized as a guarantee agreement.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129296368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.868-881
Didid Muhammad, S. Wahyuningsih, I. Maerani
This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
{"title":"Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties","authors":"Didid Muhammad, S. Wahyuningsih, I. Maerani","doi":"10.30659/sanlar.4.3.868-881","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.868-881","url":null,"abstract":"This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117167728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.832-845
Ahmad Ramadan, Amin Purnawan, Lathifah Hanim
The purpose of this study was to identify and analyze the role of the notary honorary council in the confiscation of the minutes of deed by the Southeast Sulawesi regional police investigators. And to find out and analyze the process of examining a criminal case allegedly carried out by a notary with the offense of entering false information in an authentic deed. The research method usedis a sociological juridical method. The sociological juridical research method is legal research that uses secondary data as initial data which is then continued with primary data in the field or on the community, examines the effectiveness of a ministerial regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consists of from the study of documents or library materials and interviews. The results of this study found that: first, the Regional Notary Honorary Council from the results of the examination by the examining council could not give approval for the confiscation of the minutes of the notary deed but gave permission to the investigator to take a photocopy of the minutes of the notary deed. Second, from the results of the examination by the examining board, there was also no offense of entering false information into the minutes of the deed. Even from the results of the examination it was also found that the complainant did not question the contents of the deed, but what was questioned was his absence at the General Meeting of Shareholders (GMS), and in the minutes of the GMS there was the signature of the reporter which indicated that the reporter was present at the GMS and the Reporting Party itself was also present.
{"title":"The Role of the Notary Honorary Council on the Confiscation of Minutes of Deed by Police Investigators","authors":"Ahmad Ramadan, Amin Purnawan, Lathifah Hanim","doi":"10.30659/sanlar.4.3.832-845","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.832-845","url":null,"abstract":"The purpose of this study was to identify and analyze the role of the notary honorary council in the confiscation of the minutes of deed by the Southeast Sulawesi regional police investigators. And to find out and analyze the process of examining a criminal case allegedly carried out by a notary with the offense of entering false information in an authentic deed. The research method usedis a sociological juridical method. The sociological juridical research method is legal research that uses secondary data as initial data which is then continued with primary data in the field or on the community, examines the effectiveness of a ministerial regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consists of from the study of documents or library materials and interviews. The results of this study found that: first, the Regional Notary Honorary Council from the results of the examination by the examining council could not give approval for the confiscation of the minutes of the notary deed but gave permission to the investigator to take a photocopy of the minutes of the notary deed. Second, from the results of the examination by the examining board, there was also no offense of entering false information into the minutes of the deed. Even from the results of the examination it was also found that the complainant did not question the contents of the deed, but what was questioned was his absence at the General Meeting of Shareholders (GMS), and in the minutes of the GMS there was the signature of the reporter which indicated that the reporter was present at the GMS and the Reporting Party itself was also present.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133192684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/sanlar.4.3.846-857
D. Pratama, S. Kusriyah, R. Sugiharto
The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.
{"title":"The Legal Certainty of Murabahah Contracts in Buying a House","authors":"D. Pratama, S. Kusriyah, R. Sugiharto","doi":"10.30659/sanlar.4.3.846-857","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.846-857","url":null,"abstract":"The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"83 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134089742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aims to analyze: 1) The role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency. 2) Legal protection for victims of land certificates transferred by the land mafia. The approach method used in this study is an empirical juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data sourced from interviews and literature studies. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The role of Land Deed Making Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency was carried out to provide legal certainty and protection for the community. The role of the PPAT is to ensure that the parties who will carry out the sale and purchase transactions, read and sign the deed in front of the parties, check and match documents to the BPN, and act carefully in making the deed. Meanwhile, the role of BPN is to reform human resources, re-examine files from PPAT, accelerate PTSL, socialize electronic certificates. 2). Legal protection for victims of land certificates transferred by the land mafia in a preventive manner is by preventive measures such as forming a task force for eradicating land mafias, increasing the integrity and professionalism of law enforcement officers, BPN and PPAT, increasing cooperation between officers, accelerating certification with the PTSL program, as well as providing strict criminal threats to land mafia perpetrators who are proven to have committed crimes. The repressive protection provided to the victim is in the case of the land mafia related to overlapping certificates, multiple certificates, and others, which can be resolved in several ways, such as mediation between village heads or through a court lawsuit.
{"title":"The Role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in Prevention of Land Mafia","authors":"Hamidah Nur’Ainiyah, Widhi Handoko, Achmad Arifullah","doi":"10.30659/sanlar.4.3.882-894","DOIUrl":"https://doi.org/10.30659/sanlar.4.3.882-894","url":null,"abstract":"This study aims to analyze: 1) The role of Land Deed Maker Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency. 2) Legal protection for victims of land certificates transferred by the land mafia. The approach method used in this study is an empirical juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data sourced from interviews and literature studies. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The role of Land Deed Making Officials (PPAT) and the National Land Agency (BPN) in preventing land mafia in Tuban Regency was carried out to provide legal certainty and protection for the community. The role of the PPAT is to ensure that the parties who will carry out the sale and purchase transactions, read and sign the deed in front of the parties, check and match documents to the BPN, and act carefully in making the deed. Meanwhile, the role of BPN is to reform human resources, re-examine files from PPAT, accelerate PTSL, socialize electronic certificates. 2). Legal protection for victims of land certificates transferred by the land mafia in a preventive manner is by preventive measures such as forming a task force for eradicating land mafias, increasing the integrity and professionalism of law enforcement officers, BPN and PPAT, increasing cooperation between officers, accelerating certification with the PTSL program, as well as providing strict criminal threats to land mafia perpetrators who are proven to have committed crimes. The repressive protection provided to the victim is in the case of the land mafia related to overlapping certificates, multiple certificates, and others, which can be resolved in several ways, such as mediation between village heads or through a court lawsuit.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116354217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：