Jurnal Konstatering (JK) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering (JK) published in four (4) times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc. The articles published in Jurnal Konstatering (JK) are going through a double-blind peer review process. Hence, the decision on whether the scientific article is accepted or not, will be the Editorial Board’s right based on the peer reviewer's recommendation. Please read and understand the author guidelines for preparation manuscript. The author who submits a manuscript to the editors should comply with the author guidelines and template. If the submitted manuscript does not comply with the guidelines or using a different format, it will be rejected by the editorial team before being reviewed. Editorial Team will only accept a manuscript that meets the specified formatting requirements.
Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University
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Legal Protection for the Sale and Purchase of Uncertified Land in Paser Regency, East Kalimantan
This research is based on the fact that many people in Paser Regency still conduct land sales and purchases without certificates based solely on trust and simple receipts, thus creating legal uncertainty and potential ownership disputes. The purpose of this research is to understand the process of buying and selling uncertified land, the obstacles encountered, and the forms of legal protection provided to the parties. This research uses an empirical juridical method with a descriptive analytical approach, which combines secondary data in the form of laws and legal theories with primary data from field interviews. The results show that the practice of buying and selling uncertified land in Paser Regency is still carried out underhand without a PPAT deed and does not go through the land registration process as stipulated in Government Regulation Number 24 of 1997. The main obstacles include a lack of public legal awareness, the perceived high cost of certification, and weak village administrative oversight. Legal protection efforts that can be provided include preventive protection through counseling and mandatory land registration, as well as repressive protection through dispute resolution in court. This research emphasizes the need to increase public legal awareness and the active role of local governments and PPATs in ensuring legal certainty for uncertified land transactions.
Validity of the Deed of the Official Writing the Land Deed in the Event of Legal Problems in Credit Agreements With Credit Rights as Security
An authentic deed contains the concept of truth regarding the deed in proving that the parties have understood and explained what is written in the deed, including explaining that the deed is true. Authentic deeds can also be said to have perfect evidentiary power because they have three types of evidentiary power, namely physical, formal and material. The role of a notary is not only administrative, but also preventive, namely preventing potential disputes in the future through the creation of deeds that are clear, complete and in accordance with the provisions of the law. In addition, there are factors causing default related to the role of the notary, where default in a credit agreement with collateral can be caused by various factors, both internal to the notary and external factors. This study uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Land Deed Official Law and its implementation. The data obtained uses literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study show that the validity of PPAT deeds depends on the simultaneous fulfillment of formal and material requirements. Failure to fulfill either of these requirements will result in the deed being invalid. Keywords: Land Deed Official, Credit Agreement, Mortgage Rights
Evaluation of Risks and Their Impact on Legal Validity in the Implementation of Electronic Notary Deeds in Indonesia
This study aims to analyze: 1). The risks that arise in the implementation of electronic notarial deeds in Indonesia. 2) The impact of these risks on the legal validity of electronic notarial deeds according to the provisions of the applicable laws and regulations in Indonesia. This type of research is normative legal research. The approach method in this study is a statute approach and a conceptual approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The implementation of electronic notarial deeds in Indonesia, based on Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, faces cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures). This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Article 1867 and 1868 of the Civil Code, and Article 46 and 59 paragraph (3) of the PP PSTE, thus threatening the validity of deeds as authentic evidence and public trust. Solutions include regulatory harmonization, implementation of encryption and blockchain, Notary training, infrastructure investment and electronic signature certification to ensure legal certainty in accordance with Article 28 D paragraph (1) of the 1945 Constitution. 2). Cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of Notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures) threaten the validity of electronic Notary deeds. This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Articles 1867, 1868 and 1869 of the Civil Code, and Articles 46 and 59 paragraph (3) of the PP PSTE, causing the deed to be at risk of losing its authentic status and not being recognized in court. The inconsistency of subordinate norms with the grundnorm of Article 28D paragraph (1) of the 1945 Constitution creates a hierarchical contradiction. Harmonization of regulations, cybersecurity, notary training, infrastructure investment and electronic signature certification are needed so that electronic deeds are equivalent to authentic deeds.
Legal Implications of the Determination of Roya Which is Not Accompanied by a Certificate of Full Payment (Study of Decision Number 594/Pdt.P/2023/Pn. Jkt Tim)
A mortgage is a security right over land or buildings granted to a creditor as collateral for a debt owed by the debtor. In practice, the elimination of mortgage rights is a frequently encountered problem. One way to eliminate mortgage rights is through the roya process, a request for a roya determination due to the creditor's inability to provide a certificate of settlement, which is one of the main obstacles in the process of releasing mortgage rights over collateral objects. The expected objectives of this study are to determine and analyze the procedures for implementing a roya determination for the elimination of mortgage rights, as well as to determine and analyze the legal implications of a roya determination without a Certificate of Settlement. This study is expected to provide a clearer picture of the obstacles, both from a legal and administrative perspective, that may exist. In addition, it is also expected to contribute to the development of mortgage law in Indonesia in general. The research method used is Normative Juridical with a case analysis approach as one of its instruments and a normative approach method that focuses on normative legal analysis. It was found that the Court's decision ordering the National Land Agency to remove roya was to ensure the restoration of the Debtor's rights to the collateral submitted to the Creditor, the obstacles faced by the Debtor in the process, and provided recommendations to improve the effectiveness of the implementation of the court's authority to ensure legal certainty for Debtors who had paid off their debts. The results of the study indicate that although the court has the authority to handle roya applications, delays in the legal process and administrative obstacles at the National Land Agency often slow down the provision of legal certainty needed by Debtors.
Legal Certainty of Marriage Agreements that Were Not Registered After the Constitutional Court Decision Number 69/Puu-Xii/2015
The Marriage Law has facilitated couples to make marriage agreements. Before the Constitutional Court Decision No. 69/PUU–XII/2015, the public was more familiar with it as a prenuptial agreement. Basically, the creation of a marriage agreement regulates the assets owned by each husband and/or wife before the marriage takes place, during the implementation of the marriage relationship, the division of responsibilities for paying debt agreements, the transfer of assets, and the division of assets in the event of a divorce. 2 As stated in Article 29 paragraph (1) of the Marriage Law which states that both parties (husband and wife) with mutual consent can enter into a written marriage agreement which agreement will then be ratified by a marriage registrar. The marriage agreement will also apply to third parties if there is a connection found in the contents of the agreement. The research method used is normative legal research. The approach method used in this research is a case study approach and a statutory approach. Data analysis is an activity in research that takes the form of conducting a study of the results of data processing. Before the Constitutional Court Decision Number 69/PUU-XIII/2015, the legal status of a marriage agreement made by a husband and wife after the marriage took place was bound by the provisions of Article 29 of the Marriage Law, namely invalid and non-binding, unless based on a court decision requested by the husband and wife before making the marriage agreement. So without a court decision, the marriage agreement made during the marriage bond is invalid and non-binding. But after the Constitutional Court Decision Number 69/PUU-XIII/2015, the status of a marriage agreement made by a husband and wife during the marriage bond is valid and binding, both to both parties, as well as to third parties as long as the third party is involved.
The Effectiveness of Land Redistribution Programs in Increasing Public welfare
This study aims to analyze: 1) The effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. 2) Obstacles and solutions in the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary. Primary data collection through observation and interviews while secondary data uses library techniques (study document). The analysis in this study is descriptive. The results of the study concluded: 1) The effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara has been effective in realizing the objectives of agrarian reform, namely equal distribution of land ownership and improving community welfare. If analyzed based on Soerjono Soekanto's theory of legal effectiveness, the success of this program is supported by clear legal factors, committed law enforcement, and adequate implementation facilities. In addition, community participation in managing land productively and the cultural values of mutual cooperation also strengthen the effectiveness of program implementation. 2) Obstacles in the implementation of the land redistribution program consist of legal, technical, social, and institutional obstacles. Legal obstacles arise due to the lack of synchronization of regulations and data between agencies, while technical and social obstacles are caused by limited resources, geographical conditions, and minimal community assistance after the redistribution. Solutions that need to be implemented include strengthening coordination through the Agrarian Reform Task Force (GTRA), accelerating the digitalization of land data, and improving coaching and empowerment programs for beneficiaries. The implementation of PP Number 62 of 2023 is key to ensuring a more focused and uniform implementation.
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Legal Protection Guarantee on the Effect of Home Ownership Credit Consumers the Deed Which Was Made by a Notary in Pekanbaru
This study aims to determine and analyze the role of Notaries in ensuring legal protection for Home Ownership Credit consumers in Pekanbaru and to determine and analyze the legal efforts made by consumers in the implementation of Home Ownership Credit in Pekanbaru. The research approach method used in this thesis is an empirical legal research method. The specifications of this study use descriptive analysis. The types of data used in this study are primary data which include the 1945 Constitution; Law No. 2 of 2014; Mortgage Law; Civil Code; Law No. 8 of 1999; Basic Agrarian Law; Law No. 1 of 2011; as well as secondary data containing books and other supporting documents. Research data collection using interview techniques and document studies or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that Notaries play a crucial role in securing the fulfillment of the legal requirements for subsidized home ownership deeds. In this study, it can be concluded that the role of a notary is related to the legalized subsidized home credit agreement deed, which must fulfill all applicable provisions and regulations so that its legal validity and completeness are met. Legal protection for third parties in the implementation of credit for objects of mortgage guarantee is regulated in Article 1 paragraph (1) No. 8 of 1999 concerning the Consumer Protection Law.
Legal Protection for Banks as Warehouse Receipt Holders of Bankrupt Agricultural Products
This research is entitled "Legal Protection for Banks as Holders of Warehouse Receipts for Bankrupt Agricultural Products." The background of this research stems from the problem of farmers' limited access to capital, which has led to the emergence of the warehouse receipt system as an agricultural-based financing instrument. Warehouse receipts can be used as collateral for credit at banks, but they give rise to legal issues when the debtor goes bankrupt. Banks, as holders of warehouse receipts, face legal, economic, and institutional risks in their efforts to obtain repayment of receivables. The research problem is formulated in three main points: (1) what is the legal force of agricultural warehouse receipts in bankruptcy; (2) what form of legal protection is available for banks as holders of agricultural warehouse receipts that are bankrupt; and (3) what obstacles do banks face in obtaining this legal protection. The research method used was empirical with a descriptive analytical approach. Primary data was obtained through interviews with banking institutions and the Warehouse Receipt Guarantee Institution, while secondary data was obtained through a review of relevant laws and regulations, doctrine, and literature. The analysis was conducted qualitatively and normatively, connecting legal theory with implementation practice. The results of the study indicate that warehouse receipts have legal force as securities that can be used as collateral for debt, and in bankruptcy their position is equal to material collateral, thus placing banks as separatist creditors. Legal protection for banks is provided through the provisions of Law No. 9 of 2011 concerning Warehouse Receipts and Law No. 37 of 2004 concerning Bankruptcy and PKPU, which allow banks to execute collateral objects before they are distributed to other creditors. However, there are obstacles in the form of limited economic value of agricultural products, lack of understanding of warehouse receipts among law enforcement officials and banks, convoluted bureaucracy, and the weak role of the Warehouse Receipt Guarantee Institution. In conclusion, legal protection for banks as holders of agricultural warehouse receipts in bankruptcy is already stipulated in legislation, but its implementation still faces various normative and practical obstacles. Therefore, regulatory strengthening, capacity building of financial institutions and law enforcement, and optimization of the role of the Warehouse Receipt Guarantee Institution are needed to ensure that warehouse receipts can function effectively as credit collateral.
Legal Certainty Aspects of the Implementation of Electronic Integrated Mortgage Rights Services at the National Land Agency of Majalengka District
This study aims to determine and analyze the implementation of electronically integrated mortgage services at the National Land Agency of Majalengka Regency and analyze the implementation of legal certainty against obstacles in the implementation of mortgage services at the National Land Agency of Majalengka Regency. The approach method in this study is a sociological juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The data analysis method used is the theory of legal effectiveness according to Soerjono Soekanto and the theory of legal certainty according to Gustav Radbruch. The results of the research and discussion in this study are: 1) The implementation of electronically integrated Mortgage Rights services at the National Land Agency of Majalengka Regency is a strategic aspect in order to increase efficiency, transparency and accountability of land services in accordance with the mandate of Law Number 4 of 1996 concerning mortgage rights on land Jo. Government Regulation Number 24 of 1997 concerning Land Registration, Jo. Regulation of the Head of the National Land Agency Number 1 of 2020 concerning the implementation of electronic mortgage rights services, the effectiveness of electronic mortgage rights registration is a key aspect in accelerating registration, submission and ratification of Mortgage Rights appropriately and transparently, minimizing manual interventions that cause deviations or corrupt practices and providing easy access to services to the public and business actors without having to be physically present at the land office. This is in line with the provisions of Law Number 25 of 2009 concerning Public Services which emphasizes the importance of fast, accurate, transparent and accountable services as part of good governance. 2) The implementation of Electronic Mortgage Rights (HT-el) in Majalengka Regency still faces various complex problems, especially the inconsistency between the Regulation of the Minister of ATR/BPN No. 9 of 2019 and Law No. 4 of 1996 concerning Mortgage Rights which gives rise to dualism of regulations and legal uncertainty, especially in terms of the form and validity of documents. In addition, the evidentiary power of electronic documents in the HT-el system is still questionable in the event of a dispute, especially if it is not equipped with an adequate security and authentication system. The obligation of Land Deed Officials (PPAT) to make a statement of document validity has also been highlighted because it is considered to burden legal responsibilities unilaterally. Another problem is the low readiness of facilities, infrastructure and human resources both at the Majalengka Regency Land Office and external users such as PPAT and banks which hinders the optimization of the implementation of HT-el as a whole in the Majalengka Regency area.
Legal Protection for Users of Land Deed Official (PPAT) Services Regarding Electronic Certificate Checks that Error in the Application
This study aims to analyze the form of legal protection for the public if an error occurs in checking electronic certificates, as well as to examine the responsibility of PPAT in providing legal certainty. The research method used is normative legal research with a statute approach and a conceptual approach. Data sources were obtained through a literature review covering legislation, agrarian law literature, and legal doctrines related to legal protection and the authority of PPATs. The research results show that errors in checking electronic certificates can hinder the deed creation process and cause losses to the parties. In this case, legal protection can be provided in the form of preventive protection, namely through improving regulations and issuing technical instructions by the Ministry of ATR/BPN, as well as repressive protection through civil lawsuit mechanisms and administrative complaints against negligent PPAT. PPAT is obliged to act carefully, cautiously, and prioritize the principle of legal certainty in every deed creation. Therefore, the electronic land registration system requires comprehensive regulatory support, strict supervision, and increased PPAT competence to ensure legal protection for service users is truly guaranteed.
Legal Implications of Transfer of Land Rights Through a Deed of Sale and Purchase Based on a Letter of Inheritance Which is Not Known to All The Heirs
The transfer of land rights is an important aspect of agrarian law that requires legal certainty for the parties involved. However, in practice, it is common to find deeds of sale and purchase made based on inheritance letters that are not known to all heirs, thus giving rise to legal issues related to the validity and legal consequences of the transfer of rights. This study aims to analyze the legal implications of the transfer of land rights through deeds of sale and purchase based on inheritance letters that do not involve all heirs. The research method used is a normative juridical approach with literature studies as the main data source. The results of the study indicate that deeds of sale and purchase made based on inheritance letters without the consent of all heirs can result in the deed being null and void and give rise to land rights disputes in the future. In addition, this kind of transfer of rights has the potential to harm other heirs and the buyer who has already made the transaction. Therefore, compliance with the principle of deliberation and mutual agreement of all heirs is necessary in the preparation of inheritance letters and transfer of rights to create legal certainty and protection for all interested parties. These legal implications emphasize the importance of protecting inheritance rights in land sale and purchase transactions to prevent legal conflicts in the future.
Analysis of the Accountability of Land Deed Officials for the Transfer of State Land (Court Decision Number 33/Pdt.G/2019/Pn.Cbi)
Protection of land based on the 1945 Constitution of the Republic of Indonesia (UUD 1945) can be found in several articles that emphasize the principle of state control over natural resources including land, as well as the state's obligation to regulate, manage and protect it for the prosperity of the people.The aim of this research is Uto find out and analyze PPAT's responsibilities in making deeds of transfer of state land and completing the transfer of rights to state land. The type of research used by the researcher is legal sociology. Legal sociology is a type of legal research known as field research, which relates to legal provisions and the realities of society.Descriptive-qualitative research. Descriptive-qualitative research is research that explains, records, analyzes, and interprets the object being studied based on observations, interviews, and documentation. The analysisThe qualitative method used is a way of interpreting and discussing research results based on interviews with informants, understanding of law, legal norms, legal theories and doctrines related to the main problem. The research results obtained were:The case of the transfer of Building Use Rights (HGB) involving PPAT in the case of PT Sentul City Tbk illustrates a form of negligence in the implementation of administrative authority and legal responsibility of PPAT as regulated in PP No. 24 of 1997 concerning Land Registration and Regulations on the Position of PPAT (Regulation of the Head of BPN No. 1 of 2006 in conjunction with No. 8 of 2012). The PPAT is considered to have violated the due care principle because it made a deed of transfer of land rights without ensuring the validity of the land status which is still legally problematic or overlaps with the rights of other parties. The case of the transfer of Building Use Rights (HGB) involving the PPAT in the case of PT Sentul City Tbk shows that the implementation of the PPAT's duties has a crucial role in realizing legal certainty in the land sector, resulting in the registration process and issuance of new certificates at the National Land Agency (BPN) being administratively flawed and creating legal uncertainty for the interested parties.
PPAT'S Responsibilities in Preparing a Deed of Mortgage Rights that is Cancelled by a Court Decision (Study Decision No. 136/Pdt.G/2019 PN Ckr)
Land Deed Officials, as public officials, are authorized to issue authentic deeds related to legal acts on land, including APHTs, which are crucial for granting mortgages to secure loans. However, courts often revoke APHTs, as in decision 136/Pdt.G/2019/PN Ckr, due to negligence on the part of Land Deed Officials (PPATs) in examining land documents or status, leading to legal uncertainty and losses for creditors. Therefore, a review of the authority and responsibilities of PPATs in issuing APHTs that have been revoked by the court is necessary to strengthen legal certainty and protection for the parties. This research uses a normative (doctrinal) legal method that focuses on the study of written or secondary legal materials. The approaches employed include a statutory approach to analyze applicable legal provisions, a conceptual approach to understand legal doctrine and principles, and a case approach to examine court decisions regarding the annulment of APHTs to examine the judge's considerations and their legal implications. The research results show that the Land Deed Making Officer (PPAT) is a public official authorized to make authentic deeds, including the Deed of Granting Mortgage Rights (APHT), to ensure legal certainty for creditors and debtors. In making APHT, PPAT is obliged to check the validity of the certificate, ensure the identity of the parties, the value of the mortgage, and the object of the mortgage right according to legal requirements, maintain independence and professionalism, make a valid authentic deed, and register the deed on time with the land office. By working carefully and meticulously, PPAT prevents legal defects, disputes, and the risk of administrative, civil, and criminal liability, so that APHT can be valid and provide legal protection for all parties.
Optimization of the Implementation of Notary Responsibilities in Providing Social Services to Underprivate Communities in Kendal Regency
This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.
Responsibility of Land Deed Officials for Sale and Purchase Deeds Without Certificate Checking at the National Land Agency Tegal City
This study aims to determine and analyze the responsibility of land deed making officials in making sales deeds without checking the certificate at the National Land Agency of Tegal City and to determine and analyze the legal consequences of making sales deeds without checking the certificate at the National Land Agency of Tegal City. The approach method in this study is an empirical juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The Theory of Legal Responsibility According to Abdulkadir Muhammad and Theory of Legal Certainty according to Gustav Radbruch. The results of the research and discussion in this study are: 1) The Responsibility of the Land Deed Making Official in making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency as happened in Tegal City and Depok City is a form of PPAT responsibility due to unlawful acts committed due to negligence (negligence tort lilability), based on the concept of fault related to morals and law, this clearly deviates from legal protection for the parties (seller and buyer), so that the PPAT is charged with a form of civil liability due to negligence of objective requirements. This is to maintain important aspects of protection of land objects, important aspects of the parties, aspects of legal certainty of the Sale and Purchase Deed and aspects of legal protection for the PPAT. 2) The Legal Consequences of Making a Sale and Purchase Deed Without Checking the Certificate at the National Land Agency of Tegal City deviate from the objective requirements aspect where the problem does not arise from the error or negligence of the PPAT but arises due to the client's dishonesty regarding the accuracy of the administrative requirements as the basis for making the deed which can result in the deed being null and void by law (nietigheid van rechtswege). However, in this case, the error arises from the parties, so it is important for a PPAT to implement the principle of caution in recognizing the parties, this is a form of PPAT anticipation of legal actions in the future and the absence of disputes for the parties and the legal consequences for PPAT receiving the first written warning from the Tegal City Land Office as a violation of administrative responsibility and a form of care for caution as stated in Article 3 letter F of the Code of Ethics of the Association of Land Deed Making Officials No: 112 / KEP-4.1 / IV / 2017 that in carrying out his position PPAT is obliged to work with a full sense of responsibility, independently, honestly, and impartially. PPAT as a public official is not only responsible for the administrative formality aspects but is also required to ensure that the deed made does not contain elements of coercion, fraud or imbalance that violates the principle of justice.
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights
This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Notary's Responsibility for The Inheritance Deed Regarding Legal Risks for The Heirs
This study discusses the notary's responsibility for inheritance certificates regarding legal risks for heirs. Inheritance issues are one of the issues that often cause disputes. Inheritance is closely related to property. Conflicts about inheritance generally revolve around two things: who is the heir and how much each heir's share is. A notary is a public official who is solely authorized to make authentic deeds. One of the deeds made by a notary is an Inheritance Certificate. The objectives of this study are to analyze: 1) The notary's responsibility for the inheritance certificate he/she makes. 2) The legal provisions in making inheritance certificates to avoid legal risks for heirs. This research method is normative juridical research with a statute approach. The type of research is normative. The data sources in this study are secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In this study, data collection was carried out through a literature study and then analyzed using legal prescriptive methods. The results of this study indicate that the notary's responsibility for the deed of inheritance statement he made has a big influence on the heirs, because if the making is not in accordance with the applicable provisions, it will cause disputes. In making a deed of inheritance statement, the notary must be careful in making the deed of inheritance because it can cause undesirable things and legal provisions in making a deed of inheritance statement to avoid legal risks for the heirs. In making a deed of inheritance statement, the community must pay attention to the legal provisions or conditions that must be met, so that the heirs avoid legal risks and the notary avoids legal risks, the notary before making a Certificate of Inheritance, the notary needs to carry out formalities such as viewing and examining documents related to the Inheritance and on the basis of these documents a Deed of Declaration of Heir is made.
Legal Protection of Notaries in Executing Their Office in The Digital Era
This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.
Implementation of Supervision of Notaries Who Violate the Notaries Code of Ethics in the Form of Promoting Positions Through Electronic Media in Tegal Regency
As public officials, notaries hold a distinguished position (officium nobile) and are therefore obligated to uphold the integrity and dignity of their profession. However, developments in information technology and social media have given rise to self-promotion practices that violate the Notary Code of Ethics. This study aims to analyze the implementation of supervision of notaries who violate the code of ethics by promoting their positions through electronic media in Tegal Regency. The research method used is a sociological juridical approach with data collection techniques through interviews with the Regional Notary Supervisory Board of Tegal Regency and literature studies. The research results indicate that supervision is carried out through a mechanism of examining public reports, clarifying the situation with the notary concerned, and imposing sanctions ranging from written warnings to temporary dismissal from professional organizations. Obstacles faced include a lack of awareness among notaries regarding the ethical boundaries of electronic media use and weak preventive oversight. Supervision of notaries who violate the code of ethics through electronic media in Tegal Regency has been ongoing, but is not yet optimal. Increased dissemination of the code of ethics, strengthening the role of the Notary Honorary Council, and stricter regulations regarding notaries' use of social media are needed.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery
This study aims to analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
Accountability and Legal Protection Against Notaries for Legally Defective Deeds (Study of Decision Number 65/Pdt.G/2020/PN Kdi)
This study discusses the responsibilities and legal protection of notaries as public officials against defective deeds according to the Notary Law (UUJN). Notaries have a strategic role as public officials who are authorized by the state to make authentic deeds that have perfect evidentiary power. However, in practice it is not uncommon to find deeds that are defective both formally and materially, resulting in legal consequences, both for the parties and for the notary himself. The purpose of this study is to analyze the form of notary responsibility for defective deeds and the form of legal protection provided to notaries according to the provisions of the UUJN. This study employs a normative juridical legal research method with a statute approach and a conceptual approach. This study employs the Theory of Legal Certainty, the Theory of Legal Responsibility, and the Theory of Legal Protection as analytical tools. Data were obtained from primary legal materials in the form of laws and regulations and secondary legal materials in the form of literature, books, and legal journals. The research results show that a notary's liability for legally flawed deeds can take the form of civil and administrative liability, depending on the level of error and the consequences. On the other hand, legal protection for notaries is regulated in the UUJN, specifically through the Notary Honorary Council (MKN) mechanism as stipulated in Article 66 of the UUJN, which functions as a form of preventive and repressive protection for notaries in carrying out their duties. A balance between responsibility and legal protection is necessary to ensure legal certainty and maintain the integrity of the notary profession in Indonesia.
Legal Consequences of Sale and Purchase Deeds Made by Unregistered Land Deed (PPAT) Officers at the Land Office
The transfer of land rights must be proven by an authentic deed made by a PPAT as a guarantee of legal certainty, as stipulated in Article 40 paragraph (1) of PP 24/1997 which requires PPATs to submit sales and purchase deeds along with supporting documents to the Land Office no later than seven working days after signing. However, in practice, PPAT negligence still occurs, so this normative legal research, using a statutory and theoretical approach and using secondary data from primary, secondary, and tertiary legal materials, analyzes the status of PPAT deeds and the legal consequences of delays in registration. The results of the study indicate that PPAT deeds still have strong legitimacy and qualify as authentic deeds with perfect evidentiary power, although the regulatory norms need to be strengthened to be equal to other authentic deeds. Sales and Purchase Deeds are valid as evidence of transfer of rights, but obtain full legal force after registration; so that delays in submitting the deed can reduce legal protection for buyers, although buyers can still take civil suits to obtain an inkracht decision as a basis for registration and legal certainty.
Legal Power of Buying and Selling Land on the Basis of Power of Sale Under Hand
The purpose of this study is to analyze the legal force of sales and purchases carried out based on a power of attorney to sell underhand and to examine the judge's legal reasoning in deciding case Number 50/PDT.G/2023/PN Pekalongan. The problem arises because the practice of sales and purchases with a power of attorney to sell underhand is still widely carried out by the public, even though according to Indonesian positive law, the transfer of land rights must be carried out with an authentic deed by a Land Deed Making Officer (PPAT) as regulated in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. This research uses a normative legal research method with a statutory, conceptual and case study approach to the court decision. The results of the study indicate that a sale and purchase based on a power of attorney to sell underhand has limited legal force, because it is valid in civil law as long as it meets the requirements of Article 1320 of the Civil Code, but cannot give rise to material legal consequences in the form of transfer of land ownership rights. The agreement is obligatory (binding the parties), but not yet translatable (transferring rights). A private deed only has evidentiary force as long as it is acknowledged by the signing party and cannot be used as a basis for registering land rights at the land office. Based on an analysis of the judge's considerations, it was found that the legal reasoning used in the Pekalongan District Court decision did not fully reflect the ideal legal rationality as stated by Philipus M. Hadjon. The judge attempted to balance justice and legal certainty, but his legal considerations showed inconsistencies between civil norms and land administration norms. The judge emphasized casuistic justice more than formal legal certainty, so that the decision was substantively fair to the parties, but normatively had the potential to create legal uncertainty in the future. Thus, this study emphasizes the importance of the role of authentic deeds as an instrument of legal protection in land sale and purchase transactions, as well as the need for consistency in the judge's legal reasoning to align with the principles of legal certainty, justice, and benefit.
Legal Position of the Insurance Party in the Execution of Lienage Rights with Subrogation Rights
This study aims to determine and analyzeThe legal position of the insurance party in terms of submitting the execution of mortgage rights which originally held the mortgage rights as a bank as a creditor and the execution of the mortgage rights carried out by the insurance party using the right of subrogation and to analyze the example of the Deed of Granting of Mortgage Rights. This study uses a sociological juridical approach method that uses secondary data as the initial data then continued with primary data in the field or in the community. The research specifications used in this study are descriptive analysis. Based on the research that has been done, it can be concluded that the insurance party has the same legal standing as the bank as a creditor of the Mortgage Right holder so that the execution of the Mortgage Right can be carried out directly by the insurance party with the right of subrogation. In addition, if the insurance party will execute the mortgage rights with the right of subrogation, it can first submit a change in the name of the Mortgage Right holder to the National Land Agency.
The Role of the Wakaf Deed Issuer Official (PPAIW) in the Process of Issuing Wakaf Land Asset Certificates in the KUA of Japah District, Blora Regency
The purpose of this study is to determine the authority of PPAIW in issuing waqf certificates, obstacles that affect the authority of PPAIW and the solutions provided in issuing waqf certificates at the KUA of Japah District. The approach used is to determine and analyze the role of the Waqf Pledge Deed Making Officer (PPAIW) in the process of issuing waqf land asset certificates, both in terms of legal norms and their implementation in the field. The results of the study The role of PPAIW is the role of verifier, facilitator, educator, and mediator. The implementation of the PAIW role as a verifier, where the waqf administration requirements are in accordance with regulations. The implementation of the PAIW role as a facilitator in the implementation of the waqf pledge, as for the role of facilitator in the registration of waqf land has not been running well. The role as an educator has also not been implemented well by PAIW. Guidance and monitoring of nazir have also not been implemented. Likewise, the implementation of the role of the head of KUA as a mediator has not been implemented well. The obstacles encountered were the lack of PPAIW resources in the field of endowment law because all PPAIW in Japah District had never attended special PPAIW education and training. The lack of facilities and infrastructure to support the duties and functions of PPAIW, and the lack of public awareness and understanding regarding endowment law, resulting in the public having little concern in monitoring the performance of PPAIW and the performance of nazir.