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All Journal Jurnal Daulat Hukum Jurnal Akta International Journal of Law Reconstruction The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Media Akademik (JMA)
Achmad Sulchan
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Due Position to Legal Documents under the Hand in Notary Legalization Nur Amanah Amanah; Achmad Sulchan; Jawade Hafidz
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.v6i4.7633

Abstract

The purpose of this study was to investigate and analyze: 1) the position of the deed under hand on legalization by notary and 2) Due to legal documents under the hand that has been in Legalization by Notary. Based on the wording of Article 15 paragraph (2) a and b of Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary, the Notary in carrying out his authority to conduct the legalization of the deed under the hand. The method used in this study is a socio-juridical. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary legal materials as well as materials law tertiary literature. Data were then analyzed qualitatively.Based on the analysis, it can be seen that: 1). Position deed under the hand that was authorized by the Notary: when both parties recognize and explain correctly what is in deed under the hand, then the deed under the hand of a criminal offense and be perfect evidence as authentic deed. 2). The legal consequences deed under the hand which has been legalized by Notary: deed under hand on legalization by notary is not a legal effect of evidence which was perfect because they can be disputed later in court, and if the parties deny the strength of evidence in the hands of the judge's decision.Keywords: Deed Under Hand; Notary; Legalization.
Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position Najmi Amudy; Sujatmika Sujatmika; Achmad Sulchan
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.v6i4.7900

Abstract

The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.
Dispute over Double Certificate on the National Land Agency of Indramayu District Titi Resmiyanti; Akhmad Khisni; Achmad Sulchan
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.v6i4.7577

Abstract

The purpose of this study was to: 1) Analyze the dispute resolution on dual certificates in the National Land Agency Indramayu district, 2) Barriers and Solutions Upon completion of Certificate Associate at the National Land Agency Indramayu district.The approach used in this paper is empirical sociological juridical with the help of primary data or empirical data as the main data. Sociological research empirical law is a legal research methods that identify and conceptualize law as a social institution rill and functional in a real life system. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative.The research results are: 1). Settlement of disputes over double certificates in the National Land Agency Indramayu district that summons to the parties to the dispute to mediation. If mediation is not successful then the case was continued with the proceedings. The process of settlement is with the trial. Aspects that influence the judge determines the choice of action in the resolution of a dispute ie double certificate in terms of proof, because the facts and events as the principal case will be known judge from the evidence submitted by the parties to the dispute 2). Obstacles in solving the double certificate in Indramayu district that is party to the dispute does not come in mediation, data submitted on the land question is not clear, each party wants to win the case and the importance of their own interests. Solutions that can be done is the mediator to give some advice to the parties so that more can cooperate in following the legal process, so that the process can be completed justice and it takes a long time.Keywords: Dispute; Double Certificate; BPN.
Notary Role In Making Cooperation Deed Based On Act No. 25 Of 1992 On Cooperatives In The Kudus District Davit Hari Sanjaya; Wilmar Ibni Rusydan; Achmad Sulchan
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.v6i2.5007

Abstract

The purpose of this study are to: 1) To determine and analyze the role of the Notary In Making Cooperative Deed Based on Act No.25 of 1992 on Cooperatives in Kudus District, 2) To determine the barriers and solutions with other legal regulations. The data used in this research is the primary data secondary data to support the assessment, which is then analyzed by socio-juridical.Based on data analysis concluded that: 1) The results of this study indicate Notary Role In Making Deed of Cooperative Members ie till Endorsement Process Deed by the competent authority, the Minister, the Act is used in the manufacture Cooperation Deed is the Act No.25 1992. the role of the Notary in making Cooperation Deed stipulated in the Decree of Minister Number 98 / KEP / M.UKM / IX / 2004, in addition to the Basic Law Firm ratification process Cooperatives, Government Regulation No. 4 of 1994 on the Terms and Procedure for Approval of Amendment to Articles of Incorporation Deed Basics Cooperative, and Regulation No. 01 Of 2006 that is on Implementation Guidelines for the Establishment, Approval of establishment and amendments of the Cooperative. 2) There are several notaries who are new that have not signed up to become a Notary Deed Official Land should Notary new one immediately enroll into NPAK, in the manufacture of Cooperation Deed Notary still ask for services to prospective Cooperative who can not afford, while at Law Notary is not mandatory enlist the services with the provisions of the Cooperative it was completely incapable and must have a letter from the Village, the reason besides pembuatanya complicated and lengthy the Notary still ask for services but the cost at most minimal, a notary is excluded by the founder and the Department of Cooperatives in meetings of formation, so that each holding Formation meeting cooperative cooperative Division move itself without the presence of a Notary, the Notary should be invited in the meeting included joint founder of the cooperative Formation, in the execution of the Deed of cooperatives, making the slowest period of 3 months and the fastest 7 working days.Keywords: Notary Role; Deed Making; Cooperative
The Effects of Notary Code Breaking In Publication or Self Promotion in Pangkalan Bun Ismi Hardiyanti; Aris Sophian; Achmad Sulchan
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.v7i1.7627

Abstract

The purpose of this study was to: 1) to assess and analyze the legal consequences for a notary public notary who violate the code of conduct in doing publicity or self-promotion on the base bun. 2) to assess and analyze the implementation of Effects Notary The Notary Code Breaking In Doing Publication Or Self Promotion In Pangkalan Bun.Based on the results of data analysis concluded that: 1) In the code of conduct notary was clear in saying that a notary is prohibited from publishing or self-promotion, either individually or jointly, it because may result in the authority and dignity of a notary as a public official downhill , 2) Violation of Implementation notary who violates the provisions of the code of conduct in the form of advertising self notary was his only impact on the position of the Notary as a member of the Association and no impact on the position of the notary as a public official.Key words : Notary Code of Ethics; Self Promotion; Effects.
Improvement of Rights to Buildings Property to Be Living House at Land Office in the Pekalongan City Karsono Karsono; Desi Ana Yustianita; Achmad Sulchan
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.v6i2.5019

Abstract

The purpose of this study was to analyze: 1) the implementation of the improvement of the status Broking become Properties for Residential Land Offices Pekalongan. 2) Barriers and solutions in the implementation of the improvement of the status Broking become Properties for residences in the Land Office Pekalongan. Method approach in this study is juridical sociological. The data used are primary and secondary data obtained through interviews and literature, while data analysis was done by descriptive analysis.Results of the research results can be concluded: 1) The increase in status Broking become Properties for Residential Land Offices Pekalongan begins from filling the application letter, attaching a land certificate, a copy of building permit, a letter from the village head, a copy of the letter Tax Payable (SPPT), copy of land and Building Tax (PBB), Examination Identity applicant agree or disagree with land ownership being requested, research documents received, the applicant made a payment, examine documents and land book certificate new, then Head of surrender documents and land books and certificates to the officers of sub. PHI to do the bookkeeping and when it is complete then the clerk handed the documents to be archived to the archive officer, and submit a certificate to the applicant. 2) The difficulties experienced that an applicant seeking to register an increase in land rights for residences often do not include the application for the building permit, the public is less aware of the procedures and conditions should be attached at the time of filing the application. The solution that the Land Office of Pekalongan socialization, it aims to provide information and understanding to the community.Keywords: Improved Status of Land; Right of Building Usage; Owner Right.
Law Strength of Notary Deed in Legality Strengthening Of the BUMDes in Perspective of Permendesa No.4 Of 2015 (Studies on Village-Owned Enterprises of Semarang) Medina Praba Andini; Hari Condro Wibisono; Achmad Sulchan
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.v6i2.5027

Abstract

The purpose of this study were 1) Aim and analyze the legal force of Deed in strengthening the legality of the establishment of village-owned enterprises be seen in the perspective of PERMENDESA No. 4 of 2015 (Studies in the village-owned enterprises of Semarang), 2) Aim and analyze the weaknesses and solutions Deed in the preparation of the establishment of village-owned enterprises in Semarang.The approach used in this study is a sociological juridical approach, sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. Specifications research used in this study is descriptive analytical, analytical descriptive study sought to describe the legal issues, the legal system and to study it or analyze it according to the needs of the research in question.Based on the results of data analysis concluded that: 1) BUMDes established by Regulation village formed by the village government and village Permusyawatan Board by consensus together. In addition to the legitimacy of the establishment of Village Regulations as BUMDes, reality on the ground there are some BUMDes in Semarang which have included Deed in strengthening the legality of the establishment. Deed as reinforcement of legality establishment BUMDes have binding legal force that can provide legal certainty and legal protection in the future, 2) weaknesses in the establishment Deed preparation BUMDes based research are: 1. Each BUMDes will have the format of AD / ART different and certainly not the same as the standard format of a Notary Public. 2. References are minimal regarding creation BUMDes Deed of Establishment. Because in PERMENDESA No. 4 of 2015 only confirmed that each village can form BUMDes under Regulation village. Recording BUMDes establishment in the Deed is an initiative of the board BUMDes itself. The solution of these weaknesses is the knowledge and experience related notary deed BUMDes. Associated with the solution that has been mentioned in addition to the importance of the knowledge and experience of a Notary in making a deed, but also Notaries need to provide clarification of the law, the deed was made since the implementation of the duty office of Notary "Esteroic" which means needed special education and sufficient capacity to run, as in the case of duties required accuracy, precision and accuracy. In addition, the Notary as public officials must be sensitive, responsive, has a sharpness of thinking and able to provide a proper analysis of any legal phenomenon and social phenomenon that appears so so will cultivate an attitude of courage in taking appropriate action.Keywords: Owned Village; Deed; Severability.
THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION Zakki Mubarok; Achmad Sulchan
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2992

Abstract

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.
SPECIAL PROTECTION OF CHILDREN IN CRIMINAL JUSTICE SYSTEM Achmad Sulchan
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Children in action to behave and act unlawful could harm himself or society. Law No. 11 Year 2012 on Child Criminal Justice System is designed to protect and nurture children in order to meet a better future, because children must be nurtured in order to obtain their identity to prepare the human being independent and responsible. Thus the very comprehensive in placing the child's position in law, so that the entire law enforcement authorities are involved to participate and solve the problem child, be it the police in conducting investigations and inquiries as well as the Public Prosecutor to prosecute and judge in checking on the court is required to understand the problem of child by following a court education of children, as did the Advocate also demanded to know the problem of child. The case of a child who commits an offense or as victims or witnesses are entitled to all the protections and have exclusive rights to the best interests of the child in the process of condemnation as a last resort. Pursued by way of Diversion and Restorative Justice through, in order to give justice to the victims and the two sides to be able to forgive each other and there was no grudge between them, with the provision of compensation is the emphasis back to its original state and not retaliation. All parties related to the crime of child sit together to resolve the issue amicably and to think about how to overcome the consequences in the future, so will each get justice in accordance justice contained in the precepts and to 2 to 5 of Pancasila is justice with dignity that is humanizing. In the case of criminal case a child should do more in the conference and had the child shouldbe detained, then within 25 days of indictment Public Prosecutor has been delegated to the Juvenile Court and placed in detention Children Special Construction Agency (LPKA). In the course of the trial judges, prosecutors and lawyers are not allowed to wear a toga, but ordinary clothes, while children must be accompanied by parent / guardian and Professional Social Workers. Keywords : Special Protection, Child, crime.
Coaching Process Of Prisoners In Correctional Institution Class I Kedungpane Semarang Viewed From Act No 12 Of 1995 On Concerning The Correctional Institution Antoni Muhamad Nur Cahyo; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8432

Abstract

The problem this study are: a) how the coaching process in prison inmates Class 1 Kedungpane Semarang in terms of Act No. 12 of 1995 on Correctional Institution? and b) whether a limiting factor in the implementation of prison inmate gave coaching in the Correctional Institution Class I Kedungpane Semarang? Researchers using normative juridical approach. The source and type of data in this study are primary data obtained from field studies with interviews at the Correctional Institution Class I Kedungpane Semarang. And secondary data obtained from the study of literature. Based on the results of the implementation study coaching in the penal system for prisoners gradually form has been going well, the first stage of the introduction of the orientation stage where inmates including receiving prisoners, registration inmates and temporary placement of prisoners, the introduction of a maximum of 1 month. The second stage of assimilation in the strict sense lasts from 1/3 to 1/2. The third stage is the stage of assimilation in a broader sense and has lived half of a criminal past. The fourth stage is the stage of integration with the community has undergone criminal or 2/3 of the time for at least 9 months. The obstacles that occur due to the lack of Correctional officer training, infrastructure is still lacking adequate. Addition of facilities are still related to education problem such as library books, any additional school, socializing with new science and training tools. Construction of shelter / blocks apart to make it more comfortable for them.Keywords: Correctional Institution; Prisoners; Development.
Co-Authors Akhmad Khisni Amin Purnawan Anis Mashdurohatun Antoni Muhamad Nur Cahyo Aris Sophian Bambang Tri Bawono Cahyo Dwi Prakosa Davit Hari Sanjaya Desi Ana Yustianita Eko Soponyono Soponyono Erlia Hendrasta EVI YULIANTI Hari Condro Wibisono Hendri Listiawan Nugroho Heru Pramu Apriliyanto Ida Musofiana Ira Alia Maerani Ismi Hardiyanti Jawade Hafidz Jeifson Sitorus Karsono Karsono Medina Praba Andini Miky Syamtoro Aji Yani Muhamad Rasis Alwafi Muhammad Heriyansyah Muslich Ashari Najmi Amudy Nanda Setya Laksana Nola Nurromah Nur Amanah Amanah Nurokhid Nurokhid Raitno Raitno Reza Wahyudi Risqi Akbar Siska Septiyanti Sisno Pujinoto Sri Kusriyah Sujatmika Sujatmika Sulistiyawan Doni Ardiyanto Supriyanto . Tifan Nazida Titi Resmiyanti Tony Andri Dwi Ermawan Umar Ma'ruf Wilmar Ibni Rusydan Yanto Mulyanto P Yheni Dwi Sukmawati Zakki Mubarok