Pub Date : 2022-08-06DOI: 10.30659/sanlar.4.2.675-689
V. Amelia
Currently, the government has attempted to issue an emergency policy in order to boost the wheels of the economy in Indonesia and keep governance running, one of which is by providing public services online. in this case ATR/BPN performs public services regarding the registration of Mortgage Rights online.This study aims to determine and analyze the role and authority of a Notary as well as a Land Deed Maker in carrying out the process of electronically registering Mortgage Rights at the Cirebon Regency Land Office, to find out and analyze the legal consequences of Electronic Mortgage Registration by a Notary as well as an Official Land Deed Maker in the Office Cirebon Regency Land Affairs, and to find out and analyze the obstacles and solutions faced by Notaries as well as Land Deed Making Officials in carrying out electronic Mortgage Registration at the Cirebon Regency Land Office. The research approach method used in this thesis is an empirical juridical legal research method. This research specification uses descriptive analysis. Research data collection with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is interactive qualitative analysis. The results of the study show that: First, Granting of Mortgage is carried out by signing the Deed of Granting Mortgage by a Notary/Official for Making Land Deeds electronically. Second, the registration of Mortgage carried out by all Notaries/PPATs must go through the Electronic Mortgage system and the Electronically Integrated Mortgage Service is carried out entirely through the online system, without any direct interaction between the Electronic Mortgage Service User and the Electronic Mortgage Service Executor. Third, there are still obstacles in the implementation of the Electronic Mortgage Registration System.
{"title":"The Role and Authority of a Notary/Official Land Deed Maker in Electronic Mortgage Registration at the Cirebon Regency Land Office","authors":"V. Amelia","doi":"10.30659/sanlar.4.2.675-689","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.675-689","url":null,"abstract":"Currently, the government has attempted to issue an emergency policy in order to boost the wheels of the economy in Indonesia and keep governance running, one of which is by providing public services online. in this case ATR/BPN performs public services regarding the registration of Mortgage Rights online.This study aims to determine and analyze the role and authority of a Notary as well as a Land Deed Maker in carrying out the process of electronically registering Mortgage Rights at the Cirebon Regency Land Office, to find out and analyze the legal consequences of Electronic Mortgage Registration by a Notary as well as an Official Land Deed Maker in the Office Cirebon Regency Land Affairs, and to find out and analyze the obstacles and solutions faced by Notaries as well as Land Deed Making Officials in carrying out electronic Mortgage Registration at the Cirebon Regency Land Office. The research approach method used in this thesis is an empirical juridical legal research method. This research specification uses descriptive analysis. Research data collection with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is interactive qualitative analysis. The results of the study show that: First, Granting of Mortgage is carried out by signing the Deed of Granting Mortgage by a Notary/Official for Making Land Deeds electronically. Second, the registration of Mortgage carried out by all Notaries/PPATs must go through the Electronic Mortgage system and the Electronically Integrated Mortgage Service is carried out entirely through the online system, without any direct interaction between the Electronic Mortgage Service User and the Electronic Mortgage Service Executor. Third, there are still obstacles in the implementation of the Electronic Mortgage Registration System.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130023729","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.641-651
Rindra Agung Wiguna
In legal research, legal theory becomes a scalpel to analyze problems using legal certainty theory and liability theory. This study uses three (3) sources of data, namely legal materials, namely primary, secondary and tertiary legal materials, while data collection techniques use library research. Data analysis using qualitative analysis method using deductive logic and described analytically descriptive. The results of the research found the rules regarding the prohibition of a Notary concurrently serving as a state official in Article 17 paragraph (1) letter d of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning Notary Positions. So it can be concluded that a Notary concurrently serving as a state official is a violation of the law, the Notary Supervisory Board has the right to conduct an examination of alleged violations and impose sanctions on a Notary if proven to have committed a violation.
{"title":"The Juridical Review of Notaries Who Actually As State Officers in the Concept of Legal Assurance","authors":"Rindra Agung Wiguna","doi":"10.30659/sanlar.4.2.641-651","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.641-651","url":null,"abstract":"In legal research, legal theory becomes a scalpel to analyze problems using legal certainty theory and liability theory. This study uses three (3) sources of data, namely legal materials, namely primary, secondary and tertiary legal materials, while data collection techniques use library research. Data analysis using qualitative analysis method using deductive logic and described analytically descriptive. The results of the research found the rules regarding the prohibition of a Notary concurrently serving as a state official in Article 17 paragraph (1) letter d of Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning Notary Positions. So it can be concluded that a Notary concurrently serving as a state official is a violation of the law, the Notary Supervisory Board has the right to conduct an examination of alleged violations and impose sanctions on a Notary if proven to have committed a violation.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124431936","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.603-615
Nabila Chyntia Dahani
The purpose of this research is to analyze: 1) Implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 2). The effectiveness of the implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 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 descriptive qualitative. The results of the study concluded: 1) The implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency can guarantee legal certainty, because electronic certificates are guaranteed by law and can be used as legal evidence. Registration of this electronic certificate can be through PPAT assistance through the site https://loket.atrbpn.go.id. After the service registration and documents have been uploaded, the land office will later validate the applicant's files online. If the verification is smooth, a deposit order will be printed and the Applicant needs to make payments according to the applicable rules. After making the payment, the file will be processed immediately. The collection is done by coming to the BPN Office of Sragen Regency according to the specified schedule. 2). The effectiveness of electronic land registration at the National Land Agency Office of Sragen Regency is more effective than conventional land registration. This is because the implementation of land registration online or electronically provides many benefits to the community.
{"title":"The Effectiveness of the Implementation of Electronic Land Registration at the Office of National Land Agency","authors":"Nabila Chyntia Dahani","doi":"10.30659/sanlar.4.2.603-615","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.603-615","url":null,"abstract":"The purpose of this research is to analyze: 1) Implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 2). The effectiveness of the implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency. 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 descriptive qualitative. The results of the study concluded: 1) The implementation of electronic land registration at the Office of the National Land Agency of Sragen Regency can guarantee legal certainty, because electronic certificates are guaranteed by law and can be used as legal evidence. Registration of this electronic certificate can be through PPAT assistance through the site https://loket.atrbpn.go.id. After the service registration and documents have been uploaded, the land office will later validate the applicant's files online. If the verification is smooth, a deposit order will be printed and the Applicant needs to make payments according to the applicable rules. After making the payment, the file will be processed immediately. The collection is done by coming to the BPN Office of Sragen Regency according to the specified schedule. 2). The effectiveness of electronic land registration at the National Land Agency Office of Sragen Regency is more effective than conventional land registration. This is because the implementation of land registration online or electronically provides many benefits to the community.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"2021 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114449061","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.665-674
Sri Yuliana Febri Anti
This study aims to examine and analyze the juridical implications of using the Health Social Security Administering Body card as a condition for the transfer of land rights in Kendari City, to examine and analyze the juridical implications of the transfer of land rights that do not use the Health Social Security Administering Body card as well as to examine and analyze sample deed of sale. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this study are primary data and secondary data. Collecting research data with interview techniques and study of documents or library materials. The theory used is the Theory of Legal Certainty according to Gustav Radbruchm and Theory of Legal Work according to William J. Chambliss and Robert B Seidmen. The results of the study show that: First, the juridical analysis of the use of health social security agency cards as a condition for the transfer of land rights in Kendari City is based on Gustav Radbruchm's theory of legal certainty because legal certainty as one of the legal objectives can be said to be part of an effort to achieve justice. There is a priority scale that must be implemented, where the first priority is always justice, then benefit, and finally legal certainty. Second, the juridical implications of the transfer of land rights that do not use the BPJS card based on the theory of the working of the law of William J Chamblis and Robert. The connection is what action a role holder will take in response to legal regulations, highly dependent and controlled by the applicable legal regulations of the sanctions of its implementing activities. Third, the sample of the sale and purchase deed has fulfilled all the requirements of the applicable laws and regulations.
{"title":"Juridical Analysis of Use of Health Social Security Agency Card as a Condition for Transfer of Land Rights","authors":"Sri Yuliana Febri Anti","doi":"10.30659/sanlar.4.2.665-674","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.665-674","url":null,"abstract":"This study aims to examine and analyze the juridical implications of using the Health Social Security Administering Body card as a condition for the transfer of land rights in Kendari City, to examine and analyze the juridical implications of the transfer of land rights that do not use the Health Social Security Administering Body card as well as to examine and analyze sample deed of sale. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The types of data used in this study are primary data and secondary data. Collecting research data with interview techniques and study of documents or library materials. The theory used is the Theory of Legal Certainty according to Gustav Radbruchm and Theory of Legal Work according to William J. Chambliss and Robert B Seidmen. The results of the study show that: First, the juridical analysis of the use of health social security agency cards as a condition for the transfer of land rights in Kendari City is based on Gustav Radbruchm's theory of legal certainty because legal certainty as one of the legal objectives can be said to be part of an effort to achieve justice. There is a priority scale that must be implemented, where the first priority is always justice, then benefit, and finally legal certainty. Second, the juridical implications of the transfer of land rights that do not use the BPJS card based on the theory of the working of the law of William J Chamblis and Robert. The connection is what action a role holder will take in response to legal regulations, highly dependent and controlled by the applicable legal regulations of the sanctions of its implementing activities. Third, the sample of the sale and purchase deed has fulfilled all the requirements of the applicable laws and regulations.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116101096","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.690-696
Vishnu Mareta Nugraha
This research aims to examine the Implementation of First Time Electronic Land Registration by Notary as Officer of Land Deed Management at the Office of the National Land Agency with the formulation of the problem, namely the stages in the implementation of electronic land registration certificates, the effectiveness of electronic certificates in the implementation of registration of certificates and solutions Electronic. The purpose of this research is to find out and analyze the stages in the implementation of Electronic Certificate land registration, the Effectiveness of Electronic Certificates and the Constraints and Solutions in the implementation of Electronic Certificate registration. The benefits and uses of this research are in the form of theoretical benefits and practical benefits, using normative research methods. Based on the research results, the procedure for issuing Electronic Certificates must refer to Government Regulation Number 24 of 1997 concerning land registration for land that has not been registered and does not have physical and juridical evidence in accordance with articles 11 and 12. Then to obtain an Electronic Certificate or replacement of an analogous Certificate becoming an Electronic certificate refers to the Regulation of the Minister of Spatial Planning of the Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, namely Article 2, then the implementing regulations are issued, namely Government Regulation Number 18 of 2021 concerning management rights, land rights, apartment units and land registration that is article 84, furthermore the power of Electronic Certificates as authentic evidence of control of land rights is included in the expansion of documentary evidence, namely in Article 1866 of the Civil Code and certificates of land rights can be canceled for authenticity if they do not meet the elements of an authentic deed in accordance with the provisions of article 1868 civil law books and can subsequently be annulled if after 5 years of the issuance of a certificate there is an objection that they can file a lawsuit to the National Land Agency office or to the court in accordance with article 32 paragraph (2) Government Regulation Number 24 of 1997 concerning land registration.
{"title":"Implementation of First Time Electronic Land Registration by Notary as Officer of Land Deed Management at the Office of the National Land Agency","authors":"Vishnu Mareta Nugraha","doi":"10.30659/sanlar.4.2.690-696","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.690-696","url":null,"abstract":"This research aims to examine the Implementation of First Time Electronic Land Registration by Notary as Officer of Land Deed Management at the Office of the National Land Agency with the formulation of the problem, namely the stages in the implementation of electronic land registration certificates, the effectiveness of electronic certificates in the implementation of registration of certificates and solutions Electronic. The purpose of this research is to find out and analyze the stages in the implementation of Electronic Certificate land registration, the Effectiveness of Electronic Certificates and the Constraints and Solutions in the implementation of Electronic Certificate registration. The benefits and uses of this research are in the form of theoretical benefits and practical benefits, using normative research methods. Based on the research results, the procedure for issuing Electronic Certificates must refer to Government Regulation Number 24 of 1997 concerning land registration for land that has not been registered and does not have physical and juridical evidence in accordance with articles 11 and 12. Then to obtain an Electronic Certificate or replacement of an analogous Certificate becoming an Electronic certificate refers to the Regulation of the Minister of Spatial Planning of the Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, namely Article 2, then the implementing regulations are issued, namely Government Regulation Number 18 of 2021 concerning management rights, land rights, apartment units and land registration that is article 84, furthermore the power of Electronic Certificates as authentic evidence of control of land rights is included in the expansion of documentary evidence, namely in Article 1866 of the Civil Code and certificates of land rights can be canceled for authenticity if they do not meet the elements of an authentic deed in accordance with the provisions of article 1868 civil law books and can subsequently be annulled if after 5 years of the issuance of a certificate there is an objection that they can file a lawsuit to the National Land Agency office or to the court in accordance with article 32 paragraph (2) Government Regulation Number 24 of 1997 concerning land registration.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123181765","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.633-640
Reno Reno
This study aims to determine and analyze the process and responsibilities of a notary in the manufacture and storage of minutes of deed electronically and to find out examples of deeds that contain electronic elements. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results showed that: First, the electronic deed has not yet obtained a strong legal basis, so it does not provide a guarantee of legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. Second, electronic storage of deed minutes can already be done because several laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally.
{"title":"The Notary's Responsibilities for the Making of Deeds and the Electronic Storage of Minutes of Deeds","authors":"Reno Reno","doi":"10.30659/sanlar.4.2.633-640","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.633-640","url":null,"abstract":"This study aims to determine and analyze the process and responsibilities of a notary in the manufacture and storage of minutes of deed electronically and to find out examples of deeds that contain electronic elements. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results showed that: First, the electronic deed has not yet obtained a strong legal basis, so it does not provide a guarantee of legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. Second, electronic storage of deed minutes can already be done because several laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128377800","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 : 2022-08-06DOI: 10.30659/sanlar.4.2.652-664
R. Mutaqin
One of the professions that is given the authority to make an authentic deed is a notary. There are three forms of state emergency status, namely civil emergency, military emergency, disaster emergency, and public health emergency. During the Covid-19 pandemic as it is today, electronic transactions are mostly carried out to reduce physical contact between humans which can increase the possibility of the spread of the Covid-19 virus. Considering the Law on Notary Positions requires that the deed be made before a notary. The author in this study used a normative juridical approach. Normative legal research is legal research that puts the law as a building system of norms. Data analysis was carried out qualitatively, namely from the data obtained and then compiled systematically and analyzed to achieve clarity of the problems discussed, which were described qualitatively. The urgency of making a notary deed electronically during the Corona Virus Disease (Covid-19) pandemic is that the implementation of the deed must still be carried out with the help of an electronic system, considering the Covid-19 pandemic. Indonesia is a country that has recognized the validity of electronic information or documents to be used as legal evidence before the law and courts, known as electronic evidence in Act No. 11 of 2008 and its renewal in Act No. 19 of 2016 concerning Information and Electronic Transactions (hereinafter referred to as UU ITE). The legal position of a notarial deed made electronically. The legal position of a notary deed made electronically is the provisions of the laws and regulations governing the making of an authentic deed both in the Notary Position Act and Government Regulation Number 37 of 1998 concerning Land Deed Maker Officials and their amendments principally prioritize direct, face-to-face interaction and attendance parties who wish to be notary. This provision is as regulated in Article 1868 Burgelijk Wetboek (hereinafter referred to as BW) or the Civil Code which states that a deed is called an authentic deed if it meets the requirements, namely the form of the deed is determined in the laws.
{"title":"The Urgency of Making Notary Deeds Electronically during the Covid-19 Pandemic","authors":"R. Mutaqin","doi":"10.30659/sanlar.4.2.652-664","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.652-664","url":null,"abstract":"One of the professions that is given the authority to make an authentic deed is a notary. There are three forms of state emergency status, namely civil emergency, military emergency, disaster emergency, and public health emergency. During the Covid-19 pandemic as it is today, electronic transactions are mostly carried out to reduce physical contact between humans which can increase the possibility of the spread of the Covid-19 virus. Considering the Law on Notary Positions requires that the deed be made before a notary. The author in this study used a normative juridical approach. Normative legal research is legal research that puts the law as a building system of norms. Data analysis was carried out qualitatively, namely from the data obtained and then compiled systematically and analyzed to achieve clarity of the problems discussed, which were described qualitatively. The urgency of making a notary deed electronically during the Corona Virus Disease (Covid-19) pandemic is that the implementation of the deed must still be carried out with the help of an electronic system, considering the Covid-19 pandemic. Indonesia is a country that has recognized the validity of electronic information or documents to be used as legal evidence before the law and courts, known as electronic evidence in Act No. 11 of 2008 and its renewal in Act No. 19 of 2016 concerning Information and Electronic Transactions (hereinafter referred to as UU ITE). The legal position of a notarial deed made electronically. The legal position of a notary deed made electronically is the provisions of the laws and regulations governing the making of an authentic deed both in the Notary Position Act and Government Regulation Number 37 of 1998 concerning Land Deed Maker Officials and their amendments principally prioritize direct, face-to-face interaction and attendance parties who wish to be notary. This provision is as regulated in Article 1868 Burgelijk Wetboek (hereinafter referred to as BW) or the Civil Code which states that a deed is called an authentic deed if it meets the requirements, namely the form of the deed is determined in the laws.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129545129","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 : 2022-08-01DOI: 10.30659/sanlar.4.2.543-554
Heri Mulyono, Jawade Hafidz, Aryani Witasari
This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.
{"title":"The Legal Position of Attorney�s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities","authors":"Heri Mulyono, Jawade Hafidz, Aryani Witasari","doi":"10.30659/sanlar.4.2.543-554","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.543-554","url":null,"abstract":"This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115233242","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 : 2022-08-01DOI: 10.30659/sanlar.4.2.507-531
Farik Farik, Dahniarti Hasana, I. Maerani
This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.
{"title":"Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees","authors":"Farik Farik, Dahniarti Hasana, I. Maerani","doi":"10.30659/sanlar.4.2.507-531","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.507-531","url":null,"abstract":"This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114439420","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 : 2022-08-01DOI: 10.30659/sanlar.4.2.555-569
Ilham Wahyu Wicaksana, D. Djunaedi, Andi Aina Ilmih
This study aims to identify and analyze the role and authority of the Land Deed Making Official (PPAT) in making the deed of sale and purchase and the power of attorney to sell certified land rights and the obstacles and solutions faced by the Land Deed Making Official (PPAT) in making the deed of sale and purchase and deed of power of attorney to sell certified land rights. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of legal certainty and the theory of authority. The Role and Authority of the Land Deed Making Official (PPAT) in the making of the Sale and Purchase Deed (AJB) and the Authorized Deed to Sell Certified Land Rights in Rembang Regency, namely the Preparation of the Sale and Purchase Deed and the implementation of the AJB. In making the PPAT deed, the parties who carry out legal actions regarding Land Rights and Ownership Rights to Flat Units must be present before PPAT to convey the aims and objectives to PPAT. Obstacles faced by Land Deed Making Officials (PPAT) in making the Deed of Sale and Purchase and the Authorized Deed to Sell Certified Land Rights in Rembang Regency in the event of a default or unlawful act committed by one of the parties. The occurrence of these obstacles, then PPAT can provide solutions to the parties to deliberation first in resolving the problem.
{"title":"The Role of PPAT in Making the Deed of Sale and Purchase and the Authorized to Sell Certified Land","authors":"Ilham Wahyu Wicaksana, D. Djunaedi, Andi Aina Ilmih","doi":"10.30659/sanlar.4.2.555-569","DOIUrl":"https://doi.org/10.30659/sanlar.4.2.555-569","url":null,"abstract":"This study aims to identify and analyze the role and authority of the Land Deed Making Official (PPAT) in making the deed of sale and purchase and the power of attorney to sell certified land rights and the obstacles and solutions faced by the Land Deed Making Official (PPAT) in making the deed of sale and purchase and deed of power of attorney to sell certified land rights. The use of the sociological juridical approach in legal research is due to the fact that the problems studied are closely related to juridical and sociological factors. The analytical knife in answering the problem formulation uses the theory of legal certainty and the theory of authority. The Role and Authority of the Land Deed Making Official (PPAT) in the making of the Sale and Purchase Deed (AJB) and the Authorized Deed to Sell Certified Land Rights in Rembang Regency, namely the Preparation of the Sale and Purchase Deed and the implementation of the AJB. In making the PPAT deed, the parties who carry out legal actions regarding Land Rights and Ownership Rights to Flat Units must be present before PPAT to convey the aims and objectives to PPAT. Obstacles faced by Land Deed Making Officials (PPAT) in making the Deed of Sale and Purchase and the Authorized Deed to Sell Certified Land Rights in Rembang Regency in the event of a default or unlawful act committed by one of the parties. The occurrence of these obstacles, then PPAT can provide solutions to the parties to deliberation first in resolving the problem.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128586995","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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