Pub Date : 2021-12-08DOI: 10.30659/sanlar.3.4.1178-1192
Ardo Yoga Pradana, Achmad Sulchan
This study aims to examine the policy for setting a Complete Systematic Land Registration (PTSL) fee at the central government level and the implementation of a Complete Systematic Land Registration (PTSL) fee determination at the Regency/City level. The research method in this thesis uses a normative juridical method and the research specification is descriptive analysis with the type of data based on primary and secondary data. Based on the results of observations and studies of laws and regulations related to the object of research, it shows that the PTSL costing policy has been regulated by the central government through a Joint Decree of 3 Ministers in which PTSL costs are categorized according to the region. Local governments in determining policies related to PTSL costing, their implementation must still refer to central policies so that policy synchronization continues. Regions that set costs in accordance with the SKB rules can immediately socialize the implementation of PTSL. Meanwhile, regions that determine the costs of PTSL themselves, through a policy-making mechanism and their determination must be regulated in writing through regional/village regulations. Suggestions from the results of this study. The implementation of PTSL needs to be socialized more massively, the government must ensure that there are no illegal fees, and if there are costs that exceed the provisions, a written determination is made and socialized to the public.
{"title":"Implementation of Complete Systematic Land Registration Fee (PTSL) Determination at City/District Level","authors":"Ardo Yoga Pradana, Achmad Sulchan","doi":"10.30659/sanlar.3.4.1178-1192","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1178-1192","url":null,"abstract":"This study aims to examine the policy for setting a Complete Systematic Land Registration (PTSL) fee at the central government level and the implementation of a Complete Systematic Land Registration (PTSL) fee determination at the Regency/City level. The research method in this thesis uses a normative juridical method and the research specification is descriptive analysis with the type of data based on primary and secondary data. Based on the results of observations and studies of laws and regulations related to the object of research, it shows that the PTSL costing policy has been regulated by the central government through a Joint Decree of 3 Ministers in which PTSL costs are categorized according to the region. Local governments in determining policies related to PTSL costing, their implementation must still refer to central policies so that policy synchronization continues. Regions that set costs in accordance with the SKB rules can immediately socialize the implementation of PTSL. Meanwhile, regions that determine the costs of PTSL themselves, through a policy-making mechanism and their determination must be regulated in writing through regional/village regulations. Suggestions from the results of this study. The implementation of PTSL needs to be socialized more massively, the government must ensure that there are no illegal fees, and if there are costs that exceed the provisions, a written determination is made and socialized to the public.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116714650","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17135
Nur Maryanto
The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. The toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.
{"title":"Law Enforcement Analysis against Notaries Who Do Negligence in Depositing Minutes of Deed","authors":"Nur Maryanto","doi":"10.30659/SANLAR.V3I3.17135","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17135","url":null,"abstract":"The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. The toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130819493","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17001
Imam Rasyidin
In Islamic banks, the success or failure of debtors in paying their obligations to Islamic banks has a direct effect on wealth creation for depositors and owners, even for bank employees. The more successful debtors are in paying their obligations and/or providing income to the bank, the higher it will create wealth for depositors and other stake holders. However, the interests of debtors who have a vital role are still not fully accommodated in the agreement set forth in the Islamic bank financing contract. This is because the articles of financing contracts still contain clauses that are burdensome to debtors, namely amercement clause imposed on debtors when they are late in fulfilling their obligations to Islamic banks. The purpose of this study is to describe (1) the application of amercements in financing contracts in Islamic banking (2) the implications of applying amercements in Islamic banking financing contracts to the principles of justice and expediency (3) example of deed of financing in Islamic banking. This study uses sociological juridical methods to find out the exposure or explain legal phenomena as law in action, described as empirical social phenomena at PT. Bank Syariah Indonesia Cirebon Area, whether the implementation of amercements in the financing agreement has there been a match between the applicable regulations and the social reality. The results of this study conclude as follows: Based on the opinion of the majority of scholars', amercements for lateness, negligence and breaking promises are not allowed by syara', when the original obligation is in the form of debts or even payments, because these amercements can be categorized as usury and the law becomes law usury so that it is forbidden by sharia.
{"title":"Implementation of Amercement in the Financing Contract in Islamic Banking based on Justice & Benefits Principles","authors":"Imam Rasyidin","doi":"10.30659/SANLAR.V3I3.17001","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17001","url":null,"abstract":"In Islamic banks, the success or failure of debtors in paying their obligations to Islamic banks has a direct effect on wealth creation for depositors and owners, even for bank employees. The more successful debtors are in paying their obligations and/or providing income to the bank, the higher it will create wealth for depositors and other stake holders. However, the interests of debtors who have a vital role are still not fully accommodated in the agreement set forth in the Islamic bank financing contract. This is because the articles of financing contracts still contain clauses that are burdensome to debtors, namely amercement clause imposed on debtors when they are late in fulfilling their obligations to Islamic banks. The purpose of this study is to describe (1) the application of amercements in financing contracts in Islamic banking (2) the implications of applying amercements in Islamic banking financing contracts to the principles of justice and expediency (3) example of deed of financing in Islamic banking. This study uses sociological juridical methods to find out the exposure or explain legal phenomena as law in action, described as empirical social phenomena at PT. Bank Syariah Indonesia Cirebon Area, whether the implementation of amercements in the financing agreement has there been a match between the applicable regulations and the social reality. The results of this study conclude as follows: Based on the opinion of the majority of scholars', amercements for lateness, negligence and breaking promises are not allowed by syara', when the original obligation is in the form of debts or even payments, because these amercements can be categorized as usury and the law becomes law usury so that it is forbidden by sharia.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132809014","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17257
Euis Istianti
The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.
{"title":"Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties","authors":"Euis Istianti","doi":"10.30659/SANLAR.V3I3.17257","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17257","url":null,"abstract":"The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115213248","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17162
Avianita Febriana Yulianto
The purpose of this research is to analyze and find out: 1) Implementation of upgrading the status of building use rights to property rights for residential houses at the Cilacap Regency Land Office. 2). Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten people's perceptions who think that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive. 2) Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten out public perceptions who consider that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive.
本研究的目的是分析并发现:1)在Cilacap摄政土地办公室将建筑使用权地位提升为住宅产权地位的实施障碍和解决方案。2)在Cilacap摄政土地办公室将建筑使用权地位提升为住宅产权地位的实施障碍和解决方案，即申请增加住宅土地权利的请愿者通常不包括建筑许可证的申请文件。公众在提交申请时不知道必须附加的程序和条件。为了克服上述限制，Cilacap Regency Land Office进行了社会化，目的是了解信息，矫正人们认为将住宅的“建筑使用权”地位提升为“产权”过于复杂和昂贵的观念。2)在Cilacap Regency Land Office实施将住宅的建筑使用权地位提高到产权地位的障碍和解决方案，即申请增加住宅土地权利的申请人通常不包括带有建筑许可证的申请文件，公众不知道提交申请时必须附加的程序和条件。为了克服上述限制，Cilacap Regency Land Office进行了社会化，目的是了解信息，理正公众认为将住宅的“建筑使用权”升级为“产权”过于复杂和昂贵的观念。
{"title":"Implementation Analysis of Improvement of Building Use Rights to Property Rights for Residential Houses","authors":"Avianita Febriana Yulianto","doi":"10.30659/SANLAR.V3I3.17162","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17162","url":null,"abstract":"The purpose of this research is to analyze and find out: 1) Implementation of upgrading the status of building use rights to property rights for residential houses at the Cilacap Regency Land Office. 2). Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten people's perceptions who think that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive. 2) Obstacles and solutions in the implementation of increasing the status of Building Use Rights to Property Rights for residential houses at the Cilacap Regency Land Office, namely Petitioners who will register for an increase in land rights for residential houses often do not include an application file with a Building Permit, the public does not know about procedures and conditions that must be attached at the time of submitting an application. To overcome the above constraints, the Cilacap Regency Land Office conducted socialization, this aims to understand information and to straighten out public perceptions who consider that upgrading the status of Building Use Rights to Property Rights for residential houses is too complicated and expensive.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131578214","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17140
Yeni Amalia, Amin Purnawan, D. Djunaedi
This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.
{"title":"Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies","authors":"Yeni Amalia, Amin Purnawan, D. Djunaedi","doi":"10.30659/SANLAR.V3I3.17140","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17140","url":null,"abstract":"This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126448454","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 : 2021-08-21DOI: 10.30659/sanlar.3.3.1108-1119
Ajeng Savira Pravitasari
The research objectives are: 1) To find out and analyze the factors that cause absentee land ownership in Kendal Regency. 2) Knowing about the role of the Kendal Regency Land Agency in dealing with and solving land problemsabsentee. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which is then analyzed using empirical juridical methods. Based on the results of data analysis, it is concluded that: 1) in Article 3 paragraph (1) of Government Regulation Number 224 of 1961 jo. Government Regulation Number 41 of 1964 (State Gazette of the Republic of Indonesia of 1961 Number 280, Supplement to the State Gazette Number 2322 hereinafter referred to as PP Number 224 of 1961, states that: Agricultural land owners who reside outside the sub-district where the land is located, within a period of 6 (six) months are required to transfer their land rights to another person in the sub-district where the land is located or move to the sub-district where the land is located. The main factors that cause absentee land ownership are from the community that the community lacks legal awareness, and only wants to seek economic benefits derived from absentee land ownership. Cultural factors such as inheritance and infrastructure. In the facilities and infrastructure there are no reports that are helpful in overcoming absentee land ownership from Village and District officials, as well as a lack of coordination and cooperation. 2) in overcoming absentee land problems, the National Land Agency has a role and contribution to reduce absentee land ownership in Kendal Regency, namely by carrying out legal enforcement by conducting legal counseling that is directed and carried out continuously widely to the community. This counseling can be done by coming to the field to collect or monitor the state of the inventory to the regions, namely monitoring the sub-districts, where the sub-district is a center rather than a transfer of rights so that there is no absentee land sale and purchase.
{"title":"Role of National Land Board Office in Implementation of Prohibition of Absentee Land Ownership","authors":"Ajeng Savira Pravitasari","doi":"10.30659/sanlar.3.3.1108-1119","DOIUrl":"https://doi.org/10.30659/sanlar.3.3.1108-1119","url":null,"abstract":"The research objectives are: 1) To find out and analyze the factors that cause absentee land ownership in Kendal Regency. 2) Knowing about the role of the Kendal Regency Land Agency in dealing with and solving land problemsabsentee. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which is then analyzed using empirical juridical methods. Based on the results of data analysis, it is concluded that: 1) in Article 3 paragraph (1) of Government Regulation Number 224 of 1961 jo. Government Regulation Number 41 of 1964 (State Gazette of the Republic of Indonesia of 1961 Number 280, Supplement to the State Gazette Number 2322 hereinafter referred to as PP Number 224 of 1961, states that: Agricultural land owners who reside outside the sub-district where the land is located, within a period of 6 (six) months are required to transfer their land rights to another person in the sub-district where the land is located or move to the sub-district where the land is located. The main factors that cause absentee land ownership are from the community that the community lacks legal awareness, and only wants to seek economic benefits derived from absentee land ownership. Cultural factors such as inheritance and infrastructure. In the facilities and infrastructure there are no reports that are helpful in overcoming absentee land ownership from Village and District officials, as well as a lack of coordination and cooperation. 2) in overcoming absentee land problems, the National Land Agency has a role and contribution to reduce absentee land ownership in Kendal Regency, namely by carrying out legal enforcement by conducting legal counseling that is directed and carried out continuously widely to the community. This counseling can be done by coming to the field to collect or monitor the state of the inventory to the regions, namely monitoring the sub-districts, where the sub-district is a center rather than a transfer of rights so that there is no absentee land sale and purchase.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"511 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134017905","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17005
Panji Rizki Gumilar, Amin Purnawan, Akhmad Khisni
Public trust in the notary is the public's trust in the authentic deed he made, which is why the position of a notary is often also called the position of trust. Notaries as public officials are required to be responsible for the authentic deeds that they have made. A notary as a public official is required to be responsible for the authentic deed he has made. This is contained in UUJN no. 30 of 2004 concerning the position of a notary. The objectives of this study are as follows, one to identify and analyze the roles and responsibilities of a notary in a credit binding agreement, second to find out and analyze legal sanctions for a notary who does not complete the mortgage process and the study certificate process at the Central Artha People's Credit Bank, Brebes branch. . The approach method in this research is descriptive, which is carried out with a normative juridical approach. The type of research data used is secondary data consisting of primary legal materials and secondary legal materials. Analysis Data obtained from research results in the form of library research data (secondary) are analyzed qualitatively, the results of this study Notaries are public officials authorized to make authentic deeds insofar as the making of certain authentic deeds is not reserved for other public officials. Making authentic deeds is required by laws and regulations in order to create certainty, order, and legal protection. In addition to an authentic deed made by or before a Notary, not only because it is required by laws and regulations, but also because it is desired by interested parties to ensure the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties at the same time for society as a whole.
{"title":"Unlawful Acts Committed by a Notary in Form of Not Completing the Mortgage Process","authors":"Panji Rizki Gumilar, Amin Purnawan, Akhmad Khisni","doi":"10.30659/SANLAR.V3I3.17005","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.17005","url":null,"abstract":"Public trust in the notary is the public's trust in the authentic deed he made, which is why the position of a notary is often also called the position of trust. Notaries as public officials are required to be responsible for the authentic deeds that they have made. A notary as a public official is required to be responsible for the authentic deed he has made. This is contained in UUJN no. 30 of 2004 concerning the position of a notary. The objectives of this study are as follows, one to identify and analyze the roles and responsibilities of a notary in a credit binding agreement, second to find out and analyze legal sanctions for a notary who does not complete the mortgage process and the study certificate process at the Central Artha People's Credit Bank, Brebes branch. . The approach method in this research is descriptive, which is carried out with a normative juridical approach. The type of research data used is secondary data consisting of primary legal materials and secondary legal materials. Analysis Data obtained from research results in the form of library research data (secondary) are analyzed qualitatively, the results of this study Notaries are public officials authorized to make authentic deeds insofar as the making of certain authentic deeds is not reserved for other public officials. Making authentic deeds is required by laws and regulations in order to create certainty, order, and legal protection. In addition to an authentic deed made by or before a Notary, not only because it is required by laws and regulations, but also because it is desired by interested parties to ensure the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties at the same time for society as a whole.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132701973","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 : 2021-08-21DOI: 10.30659/SANLAR.V3I3.17154
S. Meilani
The research "The Role of the Regional Financial and Asset Management Agency (BPKAD) in the Mediation Process for Determining the Fee for Land and Building Rights/Income Tax (BPHTB/PPH) in Pati Regency" is motivated by myths that develop in the community regarding land ownership rights. This study aims to: 1) identify and analyze the role of BPKAD in Pati Regency. 2) knowing and analyzing the mediation process for determining BPHTB/PPH in Pati Regency. The research method in this thesis uses a sociological juridical approach with descriptive analysis specifications, namely data collection methods to obtain data that will be used as thesis material through interviews by conducting interviews with BPKAD Pati Regency, or by observation in the form of observations involved systematically in obtaining data. After that, qualitative analysis of the data obtained from various sources will be carried out. The results of the study indicate that: 1) BPKAD has not carried out its functions and roles as public servants properly. 2) The mediation process will be carried out between the seller and the buyer and BPKAD as the mediator.
“区域金融和资产管理机构(BPKAD)在确定帕蒂县土地和建筑权利/所得税费用(BPHTB/PPH)的调解过程中的作用”研究的动机是社区中关于土地所有权的神话。本研究旨在:1)识别和分析BPHTB/PPH在帕蒂县的作用。2)了解和分析帕蒂县BPHTB/PPH的调节过程。本文的研究方法采用具有描述性分析规范的社会学法学方法，即数据收集方法，通过与BPKAD Pati Regency进行访谈，或通过观察的形式系统地获取数据，以获取将用作论文材料的数据。之后，将对从各种来源获得的数据进行定性分析。研究结果表明:1)BPKAD没有很好地履行其作为公务员的职能和角色。2)调解过程将在买卖双方之间进行，BPKAD作为调解人。
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Pub Date : 2021-08-21DOI: 10.30659/SANLAR.V3I3.16998
Yulianda Pratama
The purpose of this study is to analyze 1). The process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. 2) Obstacles and solutions in the process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. This study uses a sociological juridical approach. The data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The results of the research concluded: 1) The process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely submission of applications, submission of complete documents accompanied by photocopies of the documents for submitting the transfer of property rights to the Land Office, Examination, Analysis of memorandums, approval from branch leadership, execution and disbursement of loans by the Bank to debtors. The process of granting credit to the BRI Unit Link Kajen Bank is carried out by making a written agreement so that it is binding for the parties and becomes a strong evidence base if one day there is a dispute. 2. Constraints and solutions in the process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely the frequent delays in the delivery of notary orders so that the Notary did not have time to check administrative completeness or confirm to BPN due to limited time. Another obstacle is the difficulty of managing the time so that the signing of the deed can be signed together. The solution that can be done is to provide counseling to the bank about the order procedure carried out to a notary and provide understanding to the bank so that the files that have been submitted to the notary have actually been approved by the prospective debtor, both interest and administrative and insurance costs.
本研究的目的是分析1).当担保仍然是一种权利转让时，向“一带一路”单位链接卡真银行提供信贷的过程。2)在担保仍为权利转让的情况下，向“一带一路”卡真银行授信过程中的障碍及解决方案。本研究采用了社会学和法学的方法。使用的数据是通过访谈和文献研究获得的一手和二手数据，数据分析为描述性分析。研究结果得出结论:1)在担保时，向BRI Unit Link Kajen银行授予信贷的过程仍然存在权利转让，即提交申请，提交完整的文件，并附上提交产权转让给土地办公室的文件复印件，审查，备忘录分析，分行领导批准，银行向债务人发放贷款的执行和支付。向“一带一路”单位链接卡真银行提供信贷的过程是通过制定书面协议进行的，因此它对各方具有约束力，并且在有一天发生争议时成为强有力的证据基础。2. 在向BRI Unit Link Kajen银行授予信贷的过程中，在担保时仍然存在权利转让，即公证订单的交付经常延迟，因此公证人由于时间有限而没有时间检查行政完整性或向BPN确认。另一个障碍是很难安排好时间，以便双方可以一起签署契约。可以做的解决方案是向银行提供关于向公证人执行命令程序的咨询，并向银行提供理解，以便提交给公证人的文件实际上已经得到了潜在债务人的批准，包括利息、行政和保险费用。
{"title":"Implementation of Credit Provision at BRI (Bank Rakyat Indonesia) with Guaranteed Certificate","authors":"Yulianda Pratama","doi":"10.30659/SANLAR.V3I3.16998","DOIUrl":"https://doi.org/10.30659/SANLAR.V3I3.16998","url":null,"abstract":"The purpose of this study is to analyze 1). The process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. 2) Obstacles and solutions in the process of granting credit to the BRI Unit Link Kajen Bank when the guarantee is still a transfer of rights. This study uses a sociological juridical approach. The data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The results of the research concluded: 1) The process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely submission of applications, submission of complete documents accompanied by photocopies of the documents for submitting the transfer of property rights to the Land Office, Examination, Analysis of memorandums, approval from branch leadership, execution and disbursement of loans by the Bank to debtors. The process of granting credit to the BRI Unit Link Kajen Bank is carried out by making a written agreement so that it is binding for the parties and becomes a strong evidence base if one day there is a dispute. 2. Constraints and solutions in the process of granting credit to the BRI Unit Link Kajen Bank at the time of the guarantee there was still a transfer of rights, namely the frequent delays in the delivery of notary orders so that the Notary did not have time to check administrative completeness or confirm to BPN due to limited time. Another obstacle is the difficulty of managing the time so that the signing of the deed can be signed together. The solution that can be done is to provide counseling to the bank about the order procedure carried out to a notary and provide understanding to the bank so that the files that have been submitted to the notary have actually been approved by the prospective debtor, both interest and administrative and insurance costs. ","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128269905","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}
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