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Journal : Jurnal Akta

The Existence Of The Sale And Purchase Agreement (PPJB) As Authentic Evidence Tool Based On Government Regulation No. 24 Of 2016 On The Position Rules Of Land Deed Official Position In Cilacap Regency Basuki Basuki; Wildan Auliya; Ngadino Ngadino
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7670

Abstract

The purpose of this study was to: 1) To analyze the implementation of the Agreement manufacture Sale and Purchase of Land by the Land Deed Official (PPAT). 2) To analyze the existence of the Sale and Purchase Agreement (PPJB) as Authentic Evidence based on Government Regulation No. 24 of 2016 Concerning the Rules of Land Deed Official Position in Cilacap Regency. 3) To know and analyze the process of land registration with the Sale and Purchase Agreement (PPJB) as Authentic Evidence.This study using sociological or empirical juridical approach. In sociological juridical approach of law as law in action, described as a social phenomenon that is empirical, descriptive analysis specifications. The data collection was obtained by interview and literature.The research results are: 1) In the implementation of the keel PPJB included power from seller to buyer to sign the Sale and Purchase Agreements, so that the signing of the Sale and Purchase Agreements do not require the presence of the seller. PPJB is not paid, the payment is made if the selling price received by the seller has not paid off. In the chapters PJB not paid at least the specified amount of advance paid at the time of signing the deed of CHD, ways or terms of payment, when repayment and the agreed sanctions if one party defaults. PJB not paid off must also be followed by AJB at settlement. 2) the PPJB is binding for both parties (seller and buyer) as well as for the heirs or assigns who died.Keywords: PPJB; Authentic Evidence; Deed of Sale and Purchase.
The Strength Of Evidence Of Deed Made Under Hands Connected With The Authority Of Notary Legalization And Waarmerking Based On Act No. 30 Of 2004 On The Notary Position Muhammad Dias Saktiawan; Arif Hijrah Saputra; Ngadino Ngadino
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.8299

Abstract

This study aims to determine the strength of the deed made under hand as evidence in court, and is there a function legalization and Waarmerking the deed made under hand can provide additional strength of evidence in court. Focused on the research objectives, the formulation of the problem is as follows: First, What is the function of the legalization and Waarmerking deed made under hand in evidence during the trial Court? Second, Do deed made under hand on legalization and in Waarmerking by notaries can be canceled by a judge in court?The research method used is the method of juridical-normative approach. Specifications in this research is descriptive analytical. The data collection method used in this research is secondary data in the form of primary legal materials that legislation, secondary law namely literature, scientific papers, and tertiary legal materials namely legal materials that support primary legal materials and secondary law. While the methods of data analysis using qualitative data analysis.The results showed Legalization and Waarmerking function on deed made under the hand give assurance to the judge about the date, signature, identity of the parties to the agreement, thus helping to judge in terms of proof. Deed made under hand on Legalization and in Waarmerking by notary can be canceled by a judge even though the task of the judge in the case only to share the burden of proof to prove, but ex officio judge can not cancel a deed if not requested cancellation. This is because judges are not allowed to decide unsolicited, so as a deed can be canceled if it does not meet the elements of subjective and objective elements.Keywords: Legalization; Deed; Notary.
Review Of Juridical Registration Implementation And Transfer Of Land Or Building With Deed Land Sale In The Office Of The Samarinda City Winarti Winarti; Rofi'atun Rofi'atun; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7595

Abstract

The purpose of this study was to: 1) analyze the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office Samarinda. 2) Analyze the obstacles in the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office Samarinda. 3) Know and analyze the solutions to overcome obstacles in the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office SamarindaThis research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Each transition of ownership of the land by way of sale and purchase, subsequent to the transfer of rights by PPAT local as evidenced by the deed of sale, then PPAT concerned within 7 business days from the signing of the deed shall register the transfer of property rights on the ground at the local land Office Samarinda especially by bringing in heaps of applicants required. 2) Barriers that occurs in the transition process of land rights through sale and purchase of the Land Office of Samarinda is because people are reluctant to take care of their land rights switchover due to their cost, according them high enough and only seize their working time. The Land Office step in overcoming these obstacles,Keywords: Sale and Purchase Agreements; Registration of Land; Certificate.
Code Enforcement Of Sanctions For Notary Who Having Multiple Offices Abiem Pandya Prasojo; Anis Mashdurohatun; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7639

Abstract

In every office attached to someone will be accompanied by moral rules called code of ethics as well as the notary office. Code of conduct notary entire moral code is determined by the association organization "Indonesian Notary Association" (INI), where applicable, and must be obeyed by all members of the association as well as others who have positions of notary. Notary is necessary to know and understand the code of conduct notary. This code of conduct govern all actions of what can be regarded as a violation of the code of conduct and what sanctions if violated the code of conduct. In practice, a notary public notary supervised by the board of trustees. This oversight is necessary so that the notary did not ignore the majesty and dignity of the profession.The method used in this research is normative. The data used are primary data and secondary data. Primary data in the form of research conducted in the field related to the object of research and data secondary, namely in the form of legislation, library, archives, expert opinions and regulations associated with the object of research.Discussion of the results shows that the sanction of conduct for notaries who have multiple offices are in violation of the code of conduct notary office. based on the above factors, it is important to know what is an indication of an offense involving the notary in the notary office area coverage authorized by a notary office code of ethics. Should the effort of the board of trustees for providing information about the code of conduct for all notaries to avoid misunderstandings about the ban notaries and exclusion. Therefore the role of the board of honor in the enforcement of the code of ethics notary must be implemented properly and in accordance with the applicable rules.Keywords: Notary Code; Honor Council; Office of the Associate; Notary.
THE ROLE AND RESPONSIBILITY OF A NOTARY TO CANCELLATION OF THE DUE TO THE WILL HAS BEEN DONE Muhammad Hakiki Dharmawan; Lathifah Hanim; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7971

Abstract

The purpose of this study as follows: 1) To analyze and clarify the roles and responsibilities towards the cancellation of a notary deed will have been made before. 2) To analyze and explain the obligations to be performed by a notary deed after the will was made. 3) To analyze and explain the responsibilities of a notary deed will made beforeThe research method used is juridical Normative and specifications in this research include descriptive.Now the sources and types of data in this research is primary data obtained from field studies and interviews. And secondary data obtained from the literature. Based on the results of research thatThe role and responsibilities of a notary to act that is canceled if one party has been in default and notaries have met the terms of a formal deed, the notary is not responsible or may not be deducted on the cancellation of the deed. Shall notify all acts of will (testament acte) made to the Central Register of Wills Section (DPW) and Universal Heritage (BHP) both open testament (openbaar testament), written testament (olographis testament), as well as a closed or secret testament. If the act of will (testament ACTE) is not registered then it will not happen binding. Moreover, notaries are also obliged to report or inform one's will on a five (5) days of the first week of each month. If you do not report it, then the act is not applicable as authentic documents, or in other words the act is only valid as a deed under hand, can even be declared null and void. Responsibility of the Deed of Wills Made in front of him is a) moral responsibility, b) ethical responsibility, c) a legal obligation, consisting of two (2) terms: 1. In terms of formal 2. in terms of material. Act against the will (testament acte) made in front of him, read it in the presence of a notary is responsible for the witnesses.Keywords     :   Roles, Responsibilities, Notary Act, Wills
Implementation of Legal Theory by Notary in Exercise Its Authority Mochammed Dzakhy Ariefuddin Dwi Putranda; Wahyu Adhi Admaja; Ngadino Ngadino
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5110

Abstract

The purpose of this study was to: 1) To find out what a notary authority. 2) To determine and analyze the correlation between the Notary Law Theory to exercise its authority.Based on the results of data analysis concluded that: 1) Based on the duties and authority of Notary asserted in UUJN, split into three areas of authority ie general authority (Article 15 paragraph 1 UUJN), a special authority (Article 15 paragraph 2 UUJN), the authority which is to be determined (Article 15, paragraph 3 UUJN), 2) Conditions Referring to the basic acquisition of authority, that the notary in a deed relating to land comes from legislation that is under the authority attribution means authorizing the new government by a provision in the legislation which in this case is Notary Law, so authority obtained through the attribution is a genuine authority.Keywords: Theory of Law; Notary; Authorities.