Pub Date : 2022-06-08DOI: 10.30659/sanlar.4.1.102-201
Semiyanto Semiyanto, Siti Ummu Adillah, M. Maryanto, Lathifah Hanim
The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.
{"title":"Transfer Juridical Review of Rental Object Function in A Rental Agreement to Rent a Shop House (Ruko) based on the Good Faith Principle","authors":"Semiyanto Semiyanto, Siti Ummu Adillah, M. Maryanto, Lathifah Hanim","doi":"10.30659/sanlar.4.1.102-201","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.102-201","url":null,"abstract":"The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126334131","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}
The purpose of this research is to analyze and find out: 1). The role of the Notary in making the deed of the sale and purchase agreement based on Act No. 25 of 2009 concerning Public Services. 2) Constraints and solutions in making a Notary Deed electronically. The method used in this study is the juridical-normative method, the specifications in this study are descriptive analysis, the data used are primary data and secondary data, using data collection with library studies and field studies, qualitative data analysis, problems analyzed by authority theory and legal certainty. The results of this study indicate that: 1) The role of a notary in making a deed of sale-purchase agreement based on Act No. 25 of 2009 concerning Public Services is to authenticate electronic-based documents, which authentication documents can be printed out anywhere, anytime. Notaries also play a role in providing certainty to the parties when conducting transactions completely on their own consciousness and without any coercion or threats to sign electronic-based documents. In this cyber notary, the difference is in terms of facing. So far, facing is done by being physically present but facing in relation to a cyber notary is done by using electronic media, such as teleconference or video call. 2) Obstacles and solutions in making Notary Deeds electronically, namely the absence of laws governing cyber notaries in Indonesia such as in developed countries, is an obstacle for Notaries to take one step further in order to create good, effective, efficient, and safe public services.
{"title":"The Notary Role in Making a Deed of an Electronic Sale-Purchase Agreement","authors":"Ragil Ridho Dewanto, Setyawati Setyawati, Arpangi Arpangi, Peni Rinda Listyawati","doi":"10.30659/sanlar.4.1.148-160","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.148-160","url":null,"abstract":"The purpose of this research is to analyze and find out: 1). The role of the Notary in making the deed of the sale and purchase agreement based on Act No. 25 of 2009 concerning Public Services. 2) Constraints and solutions in making a Notary Deed electronically. The method used in this study is the juridical-normative method, the specifications in this study are descriptive analysis, the data used are primary data and secondary data, using data collection with library studies and field studies, qualitative data analysis, problems analyzed by authority theory and legal certainty. The results of this study indicate that: 1) The role of a notary in making a deed of sale-purchase agreement based on Act No. 25 of 2009 concerning Public Services is to authenticate electronic-based documents, which authentication documents can be printed out anywhere, anytime. Notaries also play a role in providing certainty to the parties when conducting transactions completely on their own consciousness and without any coercion or threats to sign electronic-based documents. In this cyber notary, the difference is in terms of facing. So far, facing is done by being physically present but facing in relation to a cyber notary is done by using electronic media, such as teleconference or video call. 2) Obstacles and solutions in making Notary Deeds electronically, namely the absence of laws governing cyber notaries in Indonesia such as in developed countries, is an obstacle for Notaries to take one step further in order to create good, effective, efficient, and safe public services.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117281415","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 : 2022-06-07DOI: 10.30659/sanlar.4.1.136-147
A. Qomaruddin, Bambang Tri Bawono, Widayati Widayati, Denny Suwondo
This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.
{"title":"Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership","authors":"A. Qomaruddin, Bambang Tri Bawono, Widayati Widayati, Denny Suwondo","doi":"10.30659/sanlar.4.1.136-147","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.136-147","url":null,"abstract":"This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"588 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127091035","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 : 2022-04-06DOI: 10.30659/sanlar.4.1.111-123
Muhammad Rizqon Baihaiqi, Siti Ummu Adillah, Dahniarti Hasana
Apart from the problems in terms of data security in the midst of blockchain-based business development in Indonesia, it turns out that another problem in smart contracts is that the use of Smart Contracts in Indonesia is actually still a discourse among legal experts regarding the validity of smart contracts. The aims of this research are: a) To find out and analyzeimplementation of the use of smart contracts in Indonesia; b) To know and analyzeobstacles in implementing smart contracts in Indonesia and their solutions; c) To know and analyzelegal remedies that can be taken in the event of a dispute between the parties in the smart contract; d) To find out examples of deeds inthe use of smart contracts in Indonesia as a form of artificial intelligence development." Researchers used normative research specifications with secondary data sources. Stages to find the target, then used the approach through legislation (statute approach). The results were juridical review of the use of smart contracts in Indonesia based on Article 1320 of the Civil Code.Article 1338 of the Civil Code explains that “all agreements made legally valid as law for those who make them”. One of the uses of smart contracts on Ethereum. Thereuem's smart contract has the name ERC20.Article 3 Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Crypto Assets on the Futures Exchange, Bitcoin which can be traded on the Futures Exchange.Barriers to implementing Smart Contracts in Indonesia and their solutionsimplementing ISO-based Information Security Management or the simplest following the National Institute of Standards and Technology (NIST) framework. ISO 27001:2013 is the latest ISO 27000 series released in 2013. ISO 27001:2013.Article 30 Paragraph (3) in conjunction with Article 40 Paragraph (3) of Act No. 1 of 2008 concerning Information and Electronic Transactions.
{"title":"Juridical Overview of the Use of Smart Contracts in Indonesia as a Form of Artificial Intelligence Development","authors":"Muhammad Rizqon Baihaiqi, Siti Ummu Adillah, Dahniarti Hasana","doi":"10.30659/sanlar.4.1.111-123","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.111-123","url":null,"abstract":"Apart from the problems in terms of data security in the midst of blockchain-based business development in Indonesia, it turns out that another problem in smart contracts is that the use of Smart Contracts in Indonesia is actually still a discourse among legal experts regarding the validity of smart contracts. The aims of this research are: a) To find out and analyzeimplementation of the use of smart contracts in Indonesia; b) To know and analyzeobstacles in implementing smart contracts in Indonesia and their solutions; c) To know and analyzelegal remedies that can be taken in the event of a dispute between the parties in the smart contract; d) To find out examples of deeds inthe use of smart contracts in Indonesia as a form of artificial intelligence development.\" Researchers used normative research specifications with secondary data sources. Stages to find the target, then used the approach through legislation (statute approach). The results were juridical review of the use of smart contracts in Indonesia based on Article 1320 of the Civil Code.Article 1338 of the Civil Code explains that “all agreements made legally valid as law for those who make them”. One of the uses of smart contracts on Ethereum. Thereuem's smart contract has the name ERC20.Article 3 Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Crypto Assets on the Futures Exchange, Bitcoin which can be traded on the Futures Exchange.Barriers to implementing Smart Contracts in Indonesia and their solutionsimplementing ISO-based Information Security Management or the simplest following the National Institute of Standards and Technology (NIST) framework. ISO 27001:2013 is the latest ISO 27000 series released in 2013. ISO 27001:2013.Article 30 Paragraph (3) in conjunction with Article 40 Paragraph (3) of Act No. 1 of 2008 concerning Information and Electronic Transactions.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129805427","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 : 2022-04-06DOI: 10.30659/sanlar.4.1.124-135
Dadan Taufik Fathurohman, S. Kusriyah, Amin Purnawan
The purpose of this research is to find out and analyze the juridical implications of making a deed in which there is a forged signature. This study used a normative juridical research method. Based on the discussion, it can be concluded that the juridical implications for the making of a deed in which there is a fake signature is that it can be canceled or null and void because it does not meet the subjective requirements in the form of agreeing the parties and the objective conditions in the form of a lawful cause. In addition, the making of a deed in which there is a forgery of a signature with procedural efforts that are not in accordance with the making of the deed results in the deed being formally flawed.
{"title":"Notary/PPAT Liability for Autenticity of Deed which in Judges' Decision is Declared to Have Fake Signature","authors":"Dadan Taufik Fathurohman, S. Kusriyah, Amin Purnawan","doi":"10.30659/sanlar.4.1.124-135","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.124-135","url":null,"abstract":"The purpose of this research is to find out and analyze the juridical implications of making a deed in which there is a forged signature. This study used a normative juridical research method. Based on the discussion, it can be concluded that the juridical implications for the making of a deed in which there is a fake signature is that it can be canceled or null and void because it does not meet the subjective requirements in the form of agreeing the parties and the objective conditions in the form of a lawful cause. In addition, the making of a deed in which there is a forgery of a signature with procedural efforts that are not in accordance with the making of the deed results in the deed being formally flawed.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117323149","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 : 2022-04-01DOI: 10.30659/sanlar.4.1.74-88
Halim Ady Kurniawan, Widhi Handoko, Jawade Hafidz, Lathifah Hanim
This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.
{"title":"Legal Consequences of the Merger of Companies on the Implementation of Guarantee Function of Mortgage","authors":"Halim Ady Kurniawan, Widhi Handoko, Jawade Hafidz, Lathifah Hanim","doi":"10.30659/sanlar.4.1.74-88","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.74-88","url":null,"abstract":"This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115091948","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 : 2022-04-01DOI: 10.30659/sanlar.4.1.89-100
Abdul Rahman, Taufan Fajar Riyanto, Siti Rodhiyah Dwi Istinah
The Covid-19 pandemic has occurred since the beginning of 2020 which has had an impact on various sectors of human life, both health, social and economic. One of the sectors most affected by the COVID-19 pandemic is banking due to the large number of non-performing loans during the pandemic. Based on this situation, the government issued Presidential Decree no. 12 of 2020 concerning the Determination of Non-Natural Disasters for the spread of covid-19. Based on this background, the problems in this study will raise the juridical study of whether the covid-19 pandemic can be said to be force majeure and its juridical implications in bank credit agreements. The purpose of this study is to find out the juridical basis of whether COVID-19 can be used as an excuse for force majeure in bank credit agreements. The research method used is empirical normative with primary data sources through interviews at Bank Jateng and secondary data in the form of legal materials. Data collection techniques with interviews and literature study. The results of the study show that the Covid-19 pandemic, although as a non-natural disaster that meets the force majeure clause, does not necessarily become a reason for canceling the debtor's obligations in the credit agreement because it is not mentioned in the agreement regarding the Covid-19 pandemic condition and also the condition of the Covid-19 pandemic is a force.
{"title":"Juridical Review of Force Majeure Clause in Credit Bank Agreements when Covid-19 Disaster","authors":"Abdul Rahman, Taufan Fajar Riyanto, Siti Rodhiyah Dwi Istinah","doi":"10.30659/sanlar.4.1.89-100","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.89-100","url":null,"abstract":"The Covid-19 pandemic has occurred since the beginning of 2020 which has had an impact on various sectors of human life, both health, social and economic. One of the sectors most affected by the COVID-19 pandemic is banking due to the large number of non-performing loans during the pandemic. Based on this situation, the government issued Presidential Decree no. 12 of 2020 concerning the Determination of Non-Natural Disasters for the spread of covid-19. Based on this background, the problems in this study will raise the juridical study of whether the covid-19 pandemic can be said to be force majeure and its juridical implications in bank credit agreements. The purpose of this study is to find out the juridical basis of whether COVID-19 can be used as an excuse for force majeure in bank credit agreements. The research method used is empirical normative with primary data sources through interviews at Bank Jateng and secondary data in the form of legal materials. Data collection techniques with interviews and literature study. The results of the study show that the Covid-19 pandemic, although as a non-natural disaster that meets the force majeure clause, does not necessarily become a reason for canceling the debtor's obligations in the credit agreement because it is not mentioned in the agreement regarding the Covid-19 pandemic condition and also the condition of the Covid-19 pandemic is a force.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121029297","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 : 2022-03-31DOI: 10.30659/sanlar.4.1.60-73
Muhammad Rofik Kanna, Achmad Sulchan, Taufan Fajar Riyanto
This writing aims to determine the process of dividing the inheritance of land rights by a notary and theoretical analysis of the role of a notary in making a deed of inheritance of land rights. The role of a Notary in the transfer of land rights based on inheritance is very large, where every transfer of land rights must be proven by a deed made by and before a Notary so that the deed he makes has binding legal force. The researcher used a legal research method with a normative juridical approach, the research specifications used were descriptive analysis, the data source came from secondary data. Methods of data collection were conducted through interviews, library research, and document studies. This writing was analyzed qualitatively by using the analytical knife of legal certainty theory and Islamic justice theory. The results showed that the process of distributing inheritance rights to land carried out by a Notary, namely the parties (heirs) together faced the Notary in the presence of 2 (two) witnesses. Both parties bring the files that are the formal requirements and the material requirements that have been determined. Theoretical analysis of the role of the notary in making the deed of distribution of inheritance rights to land is carried out with justice, so it is fair not justice. This is similar to Islamic justice theory. Basically the concept of justice in Islam is not "equality" but "comparability".
{"title":"The Role of Notary in Making the Deed on Inheritance of Land Rights","authors":"Muhammad Rofik Kanna, Achmad Sulchan, Taufan Fajar Riyanto","doi":"10.30659/sanlar.4.1.60-73","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.60-73","url":null,"abstract":"This writing aims to determine the process of dividing the inheritance of land rights by a notary and theoretical analysis of the role of a notary in making a deed of inheritance of land rights. The role of a Notary in the transfer of land rights based on inheritance is very large, where every transfer of land rights must be proven by a deed made by and before a Notary so that the deed he makes has binding legal force. The researcher used a legal research method with a normative juridical approach, the research specifications used were descriptive analysis, the data source came from secondary data. Methods of data collection were conducted through interviews, library research, and document studies. This writing was analyzed qualitatively by using the analytical knife of legal certainty theory and Islamic justice theory. The results showed that the process of distributing inheritance rights to land carried out by a Notary, namely the parties (heirs) together faced the Notary in the presence of 2 (two) witnesses. Both parties bring the files that are the formal requirements and the material requirements that have been determined. Theoretical analysis of the role of the notary in making the deed of distribution of inheritance rights to land is carried out with justice, so it is fair not justice. This is similar to Islamic justice theory. Basically the concept of justice in Islam is not \"equality\" but \"comparability\".","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115435992","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 : 2022-03-29DOI: 10.30659/sanlar.4.1.48-59
Muhammad Hudallah, Anis Mashdurohatun., Widhi Handoko
This research aims to know that in the current era of industrialization, credit is something that is not far from everyday life. For the community, both wealthy and underprivileged, credit is a solution to meet the needs of people's lives such as: clothing, food, housing. One of the important credit principles is collateral. In credit activities that occur in the community, it can be noted that generally it is often required to provide credit guarantees. Credit guarantees will have several functions and one of them is securing credit repayment if the debtor is in default. Credit guarantees have an important role in securing bank refunds. The method used in this research was a sociological juridical approach. A sociological juridical approach was an approach by looking at a legal reality in society. Land is one of the immovable objects that are widely used as collateral for loan repayment. Mortgage rights over land are often used to obtain credit facilities because land has a high economic value and always increases from time to time. Land rights as collateral in agreements between creditors with the Debtor can be bound by using Mortgage Rights. The result show that the role and function of a notary/PPAT is important in assisting the government and other parties in need to provide certainty, order and legal protection in making authentic deeds and registration of Mortgage Rights until a certificate is issued by the Land Agency.
{"title":"Responsibilities of Notaris/PPAT in Credit Agreements & Deed on Granting of Liability Rights (APHT) When the Debtor is in Default","authors":"Muhammad Hudallah, Anis Mashdurohatun., Widhi Handoko","doi":"10.30659/sanlar.4.1.48-59","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.48-59","url":null,"abstract":"This research aims to know that in the current era of industrialization, credit is something that is not far from everyday life. For the community, both wealthy and underprivileged, credit is a solution to meet the needs of people's lives such as: clothing, food, housing. One of the important credit principles is collateral. In credit activities that occur in the community, it can be noted that generally it is often required to provide credit guarantees. Credit guarantees will have several functions and one of them is securing credit repayment if the debtor is in default. Credit guarantees have an important role in securing bank refunds. The method used in this research was a sociological juridical approach. A sociological juridical approach was an approach by looking at a legal reality in society. Land is one of the immovable objects that are widely used as collateral for loan repayment. Mortgage rights over land are often used to obtain credit facilities because land has a high economic value and always increases from time to time. Land rights as collateral in agreements between creditors with the Debtor can be bound by using Mortgage Rights. The result show that the role and function of a notary/PPAT is important in assisting the government and other parties in need to provide certainty, order and legal protection in making authentic deeds and registration of Mortgage Rights until a certificate is issued by the Land Agency.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133337071","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 : 2022-03-29DOI: 10.30659/sanlar.4.1.22-35
Baqqi Zabidi Rois, Dahniarti Hasana, Denny Suwondo, I. Maerani
This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.
本研究旨在分析:1)其法律含义是存在重叠的土地证书。2)在解决土地证书重叠引起的土地权属纠纷中，土地机构的角色和责任。探讨这一研究问题所采用的研究方法是社会学法学方法。本研究采用描述性分析研究。这种类型的数据使用了主要和次要数据。本研究使用的数据分析方法是定性数据分析。研究结果表明:1)由Cilacap县国家土地局颁发的土地证书重叠且其中一张证书无效的法律影响。行政法律上的缺陷可能导致土地所有权证书无效。此外，土地证书的重叠也给土地证书带来了法律上的不确定性。根据国家行政法院第28/G/2021/PTUN.SMG号判决书，取消了《产权证》签发中存在的行政法律缺陷。2)在解决重叠土地权属纠纷中，中国土地代理机构的作用和职责是在适用法律法规的基础上，兼顾正义感，尊重各方的权利和义务，寻求解决土地纠纷的办法。BPN解决争议的最初步骤是审议/调解。除了寻求解决方案外，Cilacap摄政BPN还在尽量减少土地纠纷方面发挥作用。作为土地纠纷原因的土地所有权重叠问题的发生，绝对是国土厅厅长的责任。因此，根据第28/G/2021/PTUN号决定，在Cilacap摄政的重叠证书纠纷中。SMG, BPN Cilacap必须负责执行法院的决定，撤销国家行政决定的产权证书(SHM)编号:00898 / Karangpakis Village, BPN仍然负责执行行政法院关于取消重叠证书的决定，尽管没有诉讼努力。
{"title":"Roles & Responsibilities of National Land Agency in Efforts to Settle Land Ownership Disputes Due to Overlapping Certificates","authors":"Baqqi Zabidi Rois, Dahniarti Hasana, Denny Suwondo, I. Maerani","doi":"10.30659/sanlar.4.1.22-35","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.22-35","url":null,"abstract":"This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131362041","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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