Claim Missing Document
Check
Articles

ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA Bambang Suprayogi; Akhmad Khisni
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.v6i4.7625

Abstract

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka
NETRALITAS NOTARIS SEBAGAI ANGGOTA LEGISLATIF: Studi Tentang Peran Notaris Cuti Sebagai Anggota Legislatif Terhadap Notaris Pengganti Terhadap Akta-akta Yang Dibuatnya Nur Cahyaningsih; Akhmad Khisni
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1781

Abstract

The Regional People's Legislative Assembly, hereinafter referred to as the Regional People's Legislative Assembly (DPRD), is a representative institution of the regional people as an element of local government administration Legally and politically the DPRD has a strategic position in implementing development policies in the regions. The magnitude of the roles, functions and authorities of the legislature invites many elements of society to enter as members of the council, notary positions and many Land Acquisition Authorities who are left behind to follow the legislative election procession. As a first step, a notary and enter into the party membership, and follow all the procedures of scaling, to then be elected by the community to become members of the council. Notaries in exercising their right to sit on behalf of the community as members of the Council, also regulated in Law No. 7 of 2017 on General Elections, are said to have made a statement willing not to practice as notaries and officials of the land deed (hereinafter referred to as PPAT). From this it can lead to issues of provisions contained in Articles 3 and 17, namely dual positions. This study aims to determine the relationship of notary to leave with a substitute notary in the perspective of Law Number 30 Year 2004 regarding Position Notary. Article explaining, among other things, article 33, on this matter Notary, a Notary substitute has the same authority related to the making of authentic deeds made. The research approach used is normative juridical, which will be qualitatively analyzed normative against secondary data. The theory used by the author is the theory of authority, theory of responsibility and theoretical justice. If you look at the explanation and analyze from the articles of article regarding the Notary Substitute, the Article which explains, among others, article 33, regarding this Notary, the Notary substitute has the same authority regarding the making of authentic deeds made. The authority of notary and substitute notary is based on Article 15 of Law Number 2 Year 2014 concerning Notary Position. The authority of a substitute notary commences from the grant of a notary protocol until the expiry of the appointment period based on the decision of the Notary Supervisory Board. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. The solution is to reinforce the terms of nomination of legeslative members, not just to not practice (leave) but with the resignation as a notary or PPAT and release all attributes (nameplate, practice office, and so on).Keywords: Notary, Authority, Conflict of Interest, Legislative Member
Comparative Roles and Notary Responsibilities in Indonesia and Timor Leste Carolina Da Cruz; Arif Rachman Wahyu Wicaksono; Akhmad Khisni
Jurnal Akta Vol 6, No 2 (2019): June 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.v6i2.5021

Abstract

The purpose of this study were 1) To explain the role of the notary and responsibilities similarity in Indonesia and Timor Leste, 2) To explain the different roles and responsibilities of notaries in Indonesia and Timor Leste. The approach I use in the preparation of the writing of this legal research is a normative legal research, as in the study of law conceived as normative regulations and as written norms created and promulgated by an agency or by the competent state authorities. This research is descriptive research that aims to paint a picture of the state of things on certain areas and at certain times. Based on the results of this study were 1) Equation notary's role and responsibilities in Indonesia and Timor Leste. In Indonesia since 2004 has passed a law concerning Notary. But in Timor Leste began in 2009 Decree-Act No. 24/2009, dated August 26, set political guidelines for Timor-Leste's notary system and assigning to the Government the responsibility to set political guidelines specified in this legal diploma. 2) The different roles and responsibilities of notaries in Indonesia and Timor Leste. On the side of this difference can describe that, it is a rule that is very effective to help the public in understanding the roles and responsibilities of notaries in force in the country, especially in Indonesia is quite effective in establishing the truth related to his profession.Keywords: Comparison; Roles; Responsibilities; Notary.
Transactions Of Agricultural Land Revenue By Act No. 2 Of 1960 On Sharing Agreement In District Anjatan Of Indramayu Mentari Dessy Wijayanti; Akhmad Khisni
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.v6i3.5095

Abstract

The purpose of this study was to know and understand execution of transactions for the results of agricultural land pursuant to Act No. 2 of 1960 on Revenue Sharing Agreement in the district Anjatan of Indramayu and to know, understand, and analyze constraints and solutions in transactions for the results of agricultural land pursuant to Act No. 2 of 1960 on Revenue Sharing Agreement in the district Anjatan of Indramayu.Based on the analysis concluded that the implementation of the agreement for the results of agricultural land in the district Anjatan of Indramayu  has not entirely based on the provisions of Act No. 2 of 1960 on revenue-sharing agreements, since in fact the local community in terms of the implementation of revenue-sharing agreements mainly staple crops still based on the provisions of customary law and local practice, it can be seen from the shape of the agreement, the term of the agreement and the division of land results in the implementation of agricultural land revenue sharing agreements. Factors that hinder the implementation of revenue-sharing agreements on agricultural land in the district Anjatan of Indramayu  according to Act No. 2 of 1960 on revenue sharing agreements often expressed by farmers when the implementation of revenue-sharing agreements follow the rules of the Act is the problem of a complicated process and timeframes long for the manufacture of revenue-sharing agreements.Keywords: Transaction; Agreement; Sharing.
PERAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH (PPAT) SEBAGAI PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PENDAFTARAN TANAH WAKAF UNTUK MEWUJUDKAN KEMASLAHATAN UMUM Abdullah Amirudin; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1810

Abstract

Wakaf is one manifestation of love to Allah SWT, seeking ridho 'by donating some of their possessions with the best treasure. Wakaf plays an important role in economic development so as to realize the benefit for all ummah. In practice there are still many of the wakif who have memakafkan some of his property and has been submitted to nadzir, but not yet on the list so that the waqf objects are not teradministrasi well and kebaradaanya still many who have not known its existence.Unregistered wakaf land has caused many problems in the community, such as the cancellation of wakaf land by the heirs as well as the exchange of wakaf land due to the development of many sectors both industrial expansion and construction of public places such as toll road development. The role of a notary publicly acting as an official of the land deed as the official of the deed of pledge of waqf in the registration of wakaf land lies in the making of the pledge of wakaf pledge, as the basis for registration of wakaf land to the national land agency. And the making of deed of exchange of bolsters and release of right to execution of land exchange of wakaf land, so that become base of perfect proof for public benefit. Keywords: notary, wakaf, deed.
OPTIMALISASI NILAI PEMANFAATAN WAKAF DARI FUNGSI SOSIAL MENJADI EKONOMIS DI KOTA SEMARANG Joko Dwi Widiyanto; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1821

Abstract

The purpose and this research is for the existence of function and benefit of waqf as well as factors influencing the existence of function and manfat of waqf, solution and solution about function and benefit of waqf in society after notarial deed and social function become function in town of SemarangThis research is empirical law research, that is research based on the implementation of optimization of social wakaf utilization value into a frugal function in Semarang City The existence of shifting funngsi and wakaf benefits in Semarang City in the formulation of the transfer function by granting the previous waqf. Factors that affect the function and benefits are by way of selling and the results used to purchase new and broad wakaf data obtained are analyzed quantitatively.Optimizing the benefits of the utilization of waqf from social function into a frugal function in the city of Semarang by the researchers, then at the end of the series of research activities of this Thesis, will be concluded about the practice of transferring wakaf by nazhir Pedurungan Sub-district of Semarang that has been found, the existence of shifting funngsi And Benefits of waqf in Semarang City in the way of testing by granting the previous waqf, factors influencing the existence of the functions and benefits by way of selling and the results used to buy a new waqf, the implementation of the transfer function is done by granting the previous waqf After being dismantled As a waqf object that pole mosque, roof and windows, and the floors derived from the wakaf of the mosque maker's waqf objects is no longer functioned as a waqf object of the mosque that comes from ulin wood, all the wakaf objects that dibabak is granted to Other mosques y Ang need.The reason for the constraints on the function and benefits of wakaf in the community after the notarial deed of the social function became the basic economic function of the practice of transferring wakaf function by nazhir in Kecamatan Pedurungan Semarang City is as follows: Because the mosque can not accommodate the number of jama "ah that happened happened At The first case In the case of the second and the third case Accompanied by the highway Solutions falling out of the consequences of wakaf pengakfungsian practices by nazhir in Pedurungan Subdistrict Semarang City is the community can take advantage of the implementation of the transfer of wakaf function by nazhir in Pedurungan Subdistrict Semarang City, occurred in all cases Has been investigated in the field A practice of transferring the function of waqf by nazhir in Kecamatan Pedurungan there is pro and there is a cons, and the law is not the practice of wakaf pengakfungsian by nazhir in Kecamatan Pedurungan not procedural, As for the solution about Function and benefit of waqf in society after made notary deed from social function become basic security function of practice of transferring wakaf by nazhir in Kecamatan Pedurungan Semarang CityKeywords: Utilization of Endowment and Social Function
Juridical Analysis of the Implementation on Project of National Agrarian Operations (PRONA) In the Regency of Blora Wahyu Arga Kurniawan; Akhmad Khisni
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.v6i4.7593

Abstract

Blora Regency is one of regencies in east end of Central Java province of the run National Agricultural Operations Program or commonly referred to PRONA. In fiscal year 2017 this amount PRONA in Blora Regency is one of the largest in Central Java province that is the number 25000 certification of land. Implementation of the National Agricultural Operations Program also involves various parties including the Government of Blora, Blora Regency Land Office and Regency Head / Head of Village related to the implementation of the National Agricultural Program's operation. Research methods which I use in this research is empirical juridical. Moreover, I also use this type of field research where the author falls directly to secure the data is valid in the field. From the results of this study concluded that the juridical implementation of the National Agricultural Program Operation in Blora with fiscal year 2017 is superbly accomplished in accordance with applicable regulations is Government Regulation No. 24 of 1997 on Land Registration and Technical Guidelines Prona.Keywords: National Operations Program; Registration of Land Mass.
Roles And Responsibilities Of Notary Deed In Limited Liability Company (PT) In Order To Improve The Economy Of Indonesia Especially In Blora Christian Bagoes Prasetyo; Aryani Witasari; Akhmad Khisni
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.v7i2.7877

Abstract

The purpose of this study was to: 1) Knowing and To study Role in Making of Notary Deed of Limited Liability Company in order to boost the economy in Indonesia. 2) Knowing and To study Roles and Responsibilities of the Notary in order to boost the economy in Indonesia 3) Know and To study barriers of Notaries in Deed Limited Liability Company in order to boost the economy in Indonesia. The method used sociological juridical research specification employed is normative, data retrieval methods used primary data and secondary data, and then analyzed with descriptive analytical method.Based on the results of data analysis summarized that: 1) The role of the Notary of the government in economic development in Indonesia give legal certainty and legal protection in the field of engagement and agreement 2) the presence of a notary becomes the spirit of the country's economic and social life and economic growth of Indonesian society. 3) barriers of notaries are facing is the technical suppose that the shareholders can not show passbooks are used as evidence of the capital and system of AHU Online / Legal Administration System (SABH) are always changing and error system.Keywords: Notary Role; Responsibilities Notary Deed of Limited Liability Company; Economy of Indonesia; Blora.
RESPONSIBILITIES OF DEED LAND BUILDERS OFFICERS (PPAT) BUY SELL IN MAKING DEED LAND DISPUTE (Analysis of Supreme Court Decision No. 826 K / Pdt / 2018) Mugiyatno Mugiyatno; Diyono Diyono; Akhmad Khisni
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.v7i1.7899

Abstract

The purpose of this study was to analyze 1) Liability Land Deed Official (PPAT) in the manufacture of the deed of sale of land. 2) .Menganalisis the validity of the deed of sale made by PPAT.3). Analyzing the legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 against the Land Deed Official (PPAT) who manufacture a deed of sale of land disputes.The approach method in this research is the empirical jurisdiction. Specifications of this research is descriptive analysis. The source of the data used is primary and secondary data. The primary source is the Supreme Court decision number 826K / Pdt / 2018, while secondary data sources are taken from books and other related iteratorr, obtained through interviews and literature, while data analysis is a descriptive analytic. The method of data collection is the engineering library (library research).Results of the research results can be concluded: 1) Obligation PPAT is a deed as evidence has implemented a legal act of buying and selling, and registered under the name of the office to Pertanahan.2) Validity of PPAT Deed governed and determined by the current Minister of National Land Agency, it is affirmed in Article 21 paragraph (1) of Government Regulation No. 37 of 1998 which states that the PPAT deed made in the prescribed form of the National Land Agency. 3). The legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 is the Deed of Sale and Purchase of Land Disputes number 186/2015 and certificate of land with 1394 numbers became invalid / void and not legally binding and PPAT and Land Agency may be penalized for committed an unlawful act.Keywords : offense, purchase agreement, land deed official
Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari) Steffi Yesyer Palloan; Akhmad Khisni
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.v7i2.7970

Abstract

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.