This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.
{"title":"The Legal Protection for Buyer in Deed of Selling By Using A Substitute Certificate","authors":"Avia Surya Ningrum, Jawade Hafidz, Widayati Widayati, Peni Rinda Listyawati","doi":"10.30659/sanlar.4.1.36-47","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.36-47","url":null,"abstract":"This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"95 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":"126912038","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.4.1.11-21
Muhammad Rizky Eka Pratama, Bambang Tri Bawono, Amin Purnawan, R. Sugiharto
The purpose of this study is to find out and analyze: 1) The legal consequences of a dispute over the sale and purchase of inherited land without the consent of the heirs. 2) The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya. The approach method used in this study is an empirical juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used qualitative data analysis. The results of the study concluded: 1) The legal consequences of the dispute over the sale and purchase of inheritance land without the consent of the heirs are that the land is sold by people who are not entitled to sell it (because those who now hold ownership rights to the land are the heirs), therefore the sale and purchase cancelled. As a result of the law with the cancellation of the sale and purchase, the sale and purchase is considered to have never existed, and each party is returned to its original state before the "sale and purchase" event occurred, in which the ownership rights to the land remain with the heirs. This is in accordance with Article 1471 of the Civil Code which explains that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interest, if the buyer does not already know that the goods belong to someone else. 2). The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya, namely considering that there are still disputes over the sale and purchase of inherited land, the effectiveness of legal protection for heirs in Surabaya needs to be increased through socialization from the Land Agency (BPN) to the public, especially experts. heirs to register their inheritance land with BPN, as an effort to provide protection to heirs in order to avoid inheritance rights disputes which must be carried out against the law where the result of an unlawful act is loss. Efforts to protect the law on disputes over the sale and purchase of inherited land without the consent and knowledge of the heirs, the legal heirs or holders of legal property rights over the inherited land can file a lawsuit to the Court.
{"title":"Effectiveness of Legal Protection on Heirs in Dispute on Sale and Purchase of Inherited Land","authors":"Muhammad Rizky Eka Pratama, Bambang Tri Bawono, Amin Purnawan, R. Sugiharto","doi":"10.30659/sanlar.4.1.11-21","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.11-21","url":null,"abstract":"The purpose of this study is to find out and analyze: 1) The legal consequences of a dispute over the sale and purchase of inherited land without the consent of the heirs. 2) The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya. The approach method used in this study is an empirical juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used qualitative data analysis. The results of the study concluded: 1) The legal consequences of the dispute over the sale and purchase of inheritance land without the consent of the heirs are that the land is sold by people who are not entitled to sell it (because those who now hold ownership rights to the land are the heirs), therefore the sale and purchase cancelled. As a result of the law with the cancellation of the sale and purchase, the sale and purchase is considered to have never existed, and each party is returned to its original state before the \"sale and purchase\" event occurred, in which the ownership rights to the land remain with the heirs. This is in accordance with Article 1471 of the Civil Code which explains that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interest, if the buyer does not already know that the goods belong to someone else. 2). The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya, namely considering that there are still disputes over the sale and purchase of inherited land, the effectiveness of legal protection for heirs in Surabaya needs to be increased through socialization from the Land Agency (BPN) to the public, especially experts. heirs to register their inheritance land with BPN, as an effort to provide protection to heirs in order to avoid inheritance rights disputes which must be carried out against the law where the result of an unlawful act is loss. Efforts to protect the law on disputes over the sale and purchase of inherited land without the consent and knowledge of the heirs, the legal heirs or holders of legal property rights over the inherited land can file a lawsuit to the Court.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"35 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":"116517445","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 : 2022-03-26DOI: 10.30659/sanlar.4.1.1-10
Edi Suarto, G. Gunarto, Arpangi Arpangi, Aryani Witasari
This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.
{"title":"The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed","authors":"Edi Suarto, G. Gunarto, Arpangi Arpangi, Aryani Witasari","doi":"10.30659/sanlar.4.1.1-10","DOIUrl":"https://doi.org/10.30659/sanlar.4.1.1-10","url":null,"abstract":"This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130992280","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 : 2021-12-21DOI: 10.30659/sanlar.3.4.1353-1363
Jodi Purgito, Bambang Tri Bawono
The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.
{"title":"The Role of a Notary in Making A Syndicated Loan Authentic Deed","authors":"Jodi Purgito, Bambang Tri Bawono","doi":"10.30659/sanlar.3.4.1353-1363","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1353-1363","url":null,"abstract":"The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"339 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116445834","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 : 2021-12-21DOI: 10.30659/sanlar.3.4.1331-1341
Evie Pravitasari, Aryani Witasari
Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.
{"title":"Legal Protection for Buyers against the Understanding of Home Ownership Loans","authors":"Evie Pravitasari, Aryani Witasari","doi":"10.30659/sanlar.3.4.1331-1341","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1331-1341","url":null,"abstract":"Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122802041","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 : 2021-12-21DOI: 10.30659/sanlar.3.4.1342-1352
Akrimni Nur Zakiyyah, S. Wahyuningsih
The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.
{"title":"Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce","authors":"Akrimni Nur Zakiyyah, S. Wahyuningsih","doi":"10.30659/sanlar.3.4.1342-1352","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1342-1352","url":null,"abstract":"The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124086381","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 : 2021-12-21DOI: 10.30659/sanlar.3.4.1364-1374
Endah Subekti Tri Astuti, Widayati Widayati
The purpose of this study is to determine and analyze: 1) the effectiveness of the current electronic mortgage registration implementation. 2) Factors that affect the effectiveness of the current implementation of electronic mortgage registration. The approach method used in discussing this research problem is a normative juridical approach.The research specification used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The implementation of HT registration with the HT-el System at the Land Office has not all been carried out in accordance with the procedures stated in the Technical Guidelines for HT-el. Procedural discrepancies, for example, were found in files that were suspended and closed in 2019 until May 12, 2020. Application files that did not comply with the procedures were discovered based on the results of the Land Office inspection, if not checked, the HT-el certificate would be issued automatically on the seventh day. Issuance without any inspection from the Land Office if there is a procedural error, it is feared that it will become a problem in the future. Obstacles in HT registration with the HT-el System occur in PPAT, Banks as creditors and the Land Office. These obstacles arise during the HT registration process, both technically and non-technically. 2). Barriers related to technical aspects include the lack of facilities such as ranking selection, selecting more than one certificate and providing facilities for checking certificate data in HT-el applications. Meanwhile, in non-technical barriers, there are regulations in Permen ATR/BPN No. 5 of 2020 which is not in accordance with UUHT as the legal basis for the Ministerial Regulation issued, where in UUHT the second sheet of APHT and other warrants are submitted to the Land Office in physical form but in Permen ATR/BPN No. 5 of 2020 only in digital form of scan results.
本研究的目的是确定和分析:1)当前电子抵押登记实施的有效性。2)影响当前实施电子抵押登记有效性的因素。在讨论这一研究问题时所采用的方法是一种规范的法律方法。使用的研究规范是描述性分析研究。这种类型的数据使用辅助数据。本研究使用的数据分析方法是定性数据分析。研究的结论是:1)地政总署利用土地注册处的土地注册处系统进行土地注册处注册的工作，并非全都按照土地注册处技术指引所载的程序进行。例如，在2019年暂停并关闭至2020年5月12日的文件中发现了程序上的差异。根据土地局的检查结果，发现了不符合程序的申请文件，如果不检查，将在第7天自动颁发HT-el证书。如果在没有经过国土厅的检查的情况下发放，如果出现程序上的错误，恐怕以后会成为问题。在HT-el制度下进行HT登记的障碍出现在PPAT、作为债权人的银行和土地局。这些障碍出现在高温登记过程中，既有技术性的，也有非技术性的。2)技术方面的障碍包括在HT-el应用程序中缺乏诸如排序选择、选择多个证书和提供检查证书数据的设施等设施。同时，在非技术壁垒方面，2020年Permen ATR/BPN No 5中有一些规定与uht不一致，作为发布的部长法规的法律依据，其中uht中APHT的第二页和其他权证以实物形式提交给土地办公室，而2020年Permen ATR/BPN No 5中仅以扫描结果的数字形式提交。
{"title":"Implementation Effectiveness of Electronic Liability Registration","authors":"Endah Subekti Tri Astuti, Widayati Widayati","doi":"10.30659/sanlar.3.4.1364-1374","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1364-1374","url":null,"abstract":"The purpose of this study is to determine and analyze: 1) the effectiveness of the current electronic mortgage registration implementation. 2) Factors that affect the effectiveness of the current implementation of electronic mortgage registration. The approach method used in discussing this research problem is a normative juridical approach.The research specification used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The implementation of HT registration with the HT-el System at the Land Office has not all been carried out in accordance with the procedures stated in the Technical Guidelines for HT-el. Procedural discrepancies, for example, were found in files that were suspended and closed in 2019 until May 12, 2020. Application files that did not comply with the procedures were discovered based on the results of the Land Office inspection, if not checked, the HT-el certificate would be issued automatically on the seventh day. Issuance without any inspection from the Land Office if there is a procedural error, it is feared that it will become a problem in the future. Obstacles in HT registration with the HT-el System occur in PPAT, Banks as creditors and the Land Office. These obstacles arise during the HT registration process, both technically and non-technically. 2). Barriers related to technical aspects include the lack of facilities such as ranking selection, selecting more than one certificate and providing facilities for checking certificate data in HT-el applications. Meanwhile, in non-technical barriers, there are regulations in Permen ATR/BPN No. 5 of 2020 which is not in accordance with UUHT as the legal basis for the Ministerial Regulation issued, where in UUHT the second sheet of APHT and other warrants are submitted to the Land Office in physical form but in Permen ATR/BPN No. 5 of 2020 only in digital form of scan results.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122839489","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 : 2021-12-17DOI: 10.30659/sanlar.3.4.1286-1298
M. Madaninabawi, Jawade Hafidz
The purpose of this study is to analyze: 1). Regulation of the establishment of a limited liability company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company. 2). The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement are the signing of a lease agreement at a finance company. The research method used in this research is normative juridical research. The data in this study uses secondary data, which is sourced from library materials, while the data analysis uses qualitative analysis. The conclusions in this study are: 1) The regulation of the establishment of a Limited Liability Company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company, namely basically there is no clear statutory regulation regarding the establishment of a Limited Liability Company (PT) by a married couple without a marriage agreement, In practice, it is possible for a Notary to continue serving on the grounds that a PT is an agreement between two or more people and husband and wife as legal subjects have rights and obligations under the law. Even in the establishment of a PT, the Indonesian Ministry of Law and Human Rights - SABH never questioned husband and wife or not, the legal entity of the PT was still ratified. Generally, the lease agreement made is in the standard form made by the lessor, while the lessee only agrees to it. The agreement made is binding on the parties who make it. 2) The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement on the signing of a lease agreement at a finance company, namely the agreement is valid if it fulfills the conditions in the agreement, but in the event of bankruptcy or default in the lease agreement, the liability for the debt or losses to the finance company are not only borne by the assets available in the PT, if the assets in the PT are not sufficient to pay the debts, then husband and wife as well as founders and shareholders will share in the use of the joint assets.
{"title":"Legal Consequences of Financing a PT Established by Husband and Wife Without a Marriage Agreement on the Signing of a Lease Agreement","authors":"M. Madaninabawi, Jawade Hafidz","doi":"10.30659/sanlar.3.4.1286-1298","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1286-1298","url":null,"abstract":"The purpose of this study is to analyze: 1). Regulation of the establishment of a limited liability company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company. 2). The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement are the signing of a lease agreement at a finance company. The research method used in this research is normative juridical research. The data in this study uses secondary data, which is sourced from library materials, while the data analysis uses qualitative analysis. The conclusions in this study are: 1) The regulation of the establishment of a Limited Liability Company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company, namely basically there is no clear statutory regulation regarding the establishment of a Limited Liability Company (PT) by a married couple without a marriage agreement, In practice, it is possible for a Notary to continue serving on the grounds that a PT is an agreement between two or more people and husband and wife as legal subjects have rights and obligations under the law. Even in the establishment of a PT, the Indonesian Ministry of Law and Human Rights - SABH never questioned husband and wife or not, the legal entity of the PT was still ratified. Generally, the lease agreement made is in the standard form made by the lessor, while the lessee only agrees to it. The agreement made is binding on the parties who make it. 2) The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement on the signing of a lease agreement at a finance company, namely the agreement is valid if it fulfills the conditions in the agreement, but in the event of bankruptcy or default in the lease agreement, the liability for the debt or losses to the finance company are not only borne by the assets available in the PT, if the assets in the PT are not sufficient to pay the debts, then husband and wife as well as founders and shareholders will share in the use of the joint assets.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124604177","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 : 2021-12-17DOI: 10.30659/sanlar.3.4.1299-1307
Nanda Herawati, Aryani Witasari
The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.
{"title":"Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants","authors":"Nanda Herawati, Aryani Witasari","doi":"10.30659/sanlar.3.4.1299-1307","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1299-1307","url":null,"abstract":"The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130254465","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 : 2021-12-17DOI: 10.30659/sanlar.3.4.1308-1319
Widya Ishwara Danardana, M. Maryanto
The notary position is an institution created by the state. Notary as a position is a field of work created by legal rules for certain functions and is sustainable as a work environment. The existence of a notary as a state official who is authorized to make a legal product, namely an authentic deed, does not receive an honorarium from the state, therefore a notary is entitled to receive an honorarium for the legal services provided. Notaries receive an honorarium from the public for services in making an authentic deed. The honorarium is given to those who carry out their duties based on the laws and regulations, while the success fee is given to those who carry out the profession. Based on this description, This study aims to find out and analyze the basic regulatory considerations related to the amount of the Notary's honorarium in the Notary Position Act and the Notary Code of Ethics, analyze the formulation of the minimum amount of Notary honorarium arrangement, and find out the sanctions for notaries who violate the rules on the minimum rate of Notary honorarium. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of the study indicate that the basis for consideration of setting the minimum amount of notary honorarium in the Law on Notary Positions has not been determined regarding the minimum amount. Basically, the Law on Notary Positions only provides a maximum limit on the honorarium that can be withdrawn from transactions. Notaries have the right to determine their own values based on their considerations as long as they do not exceed the maximum provisions of the Law on Notary Positions. It is necessary to amend Article 36 of the Law on Notary Positions in order to mention the determination of the minimum honorarium limit determined by the notary position organization, so that the determination of the notary position professional organization has binding power based on the Notary Position Act.
{"title":"Determination of Minimum Rates for Notary Honorarium to Avoid Tariff War between Notaries","authors":"Widya Ishwara Danardana, M. Maryanto","doi":"10.30659/sanlar.3.4.1308-1319","DOIUrl":"https://doi.org/10.30659/sanlar.3.4.1308-1319","url":null,"abstract":"The notary position is an institution created by the state. Notary as a position is a field of work created by legal rules for certain functions and is sustainable as a work environment. The existence of a notary as a state official who is authorized to make a legal product, namely an authentic deed, does not receive an honorarium from the state, therefore a notary is entitled to receive an honorarium for the legal services provided. Notaries receive an honorarium from the public for services in making an authentic deed. The honorarium is given to those who carry out their duties based on the laws and regulations, while the success fee is given to those who carry out the profession. Based on this description, This study aims to find out and analyze the basic regulatory considerations related to the amount of the Notary's honorarium in the Notary Position Act and the Notary Code of Ethics, analyze the formulation of the minimum amount of Notary honorarium arrangement, and find out the sanctions for notaries who violate the rules on the minimum rate of Notary honorarium. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of the study indicate that the basis for consideration of setting the minimum amount of notary honorarium in the Law on Notary Positions has not been determined regarding the minimum amount. Basically, the Law on Notary Positions only provides a maximum limit on the honorarium that can be withdrawn from transactions. Notaries have the right to determine their own values based on their considerations as long as they do not exceed the maximum provisions of the Law on Notary Positions. It is necessary to amend Article 36 of the Law on Notary Positions in order to mention the determination of the minimum honorarium limit determined by the notary position organization, so that the determination of the notary position professional organization has binding power based on the Notary Position Act.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124036817","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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