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Implications Juridical Council Regulation Honorary Center Notary Association of Indonesia Number 1 of 2017 About The Limits of Fairness Total Creation Agreement in Semarang Adwin Adwin; Yanto Irianto; Munsharif Abdul Chalim
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3261

The purpose of writing article is to know and the Honorary Board of Indonesian Notary Association Center for the Determination of Regulation No. 1 of 2017 on the Fairness Limit Per day Total Creation Agreement. This research methods to achieve the objectives of law is the law of sociological or empirical research. Results of the research which set the contents of regulation on the restriction of the notary in the agreement a day in which a number of 20 (twenty) in a day. Destinations create those rules for protecting Notary and society who use the services of a Notary, in case the Honorary Board of Indonesian Notary Association has authority in making these regulations mandate based on the Notary Act. Sanctions For notaries who violate these rules can be wearing the Internal sanctions in question is the organizational and External sanctions.Keywords: Honorary Council Regulation, The Authority, Sanctions.

Supervisory Role Of Regional Assembly (Mpd) On Notary Monitoring In Leaving The Area Without Legal Reasoning Which More Than 7 (Seven) Working Days In Banjarnegara Alfian Ridho Chusosi; Carlito Da Costa; Munsharif Abdul Chalim
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3096

In the Constitution of the State in 1945 expressly stated that the Republic of Indonesia is legal state, is thus one of the most important tasks for the government is provide and ensure a sense of legal certainty for the citizens of the community members. In certain fields this task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Agreement made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No. 30 of 2004 jo Act No. 2 of 2014 concerning Notary. The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Public Notary in the running position. In carrying out the duties of office of the Notary not only carry out the work mandated by legislation alone as well as running a social function that is very important is to be responsible for carrying out the trust placed in the general population it serves, Notary authorized to make the authentic act on all agreements, agreements and statutes required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic agreement, agreement of guarantee certainty of the date of manufacture, save agreement, giving grosse, copy, and official copies.Keywords: Public Notary, Regional Assembly, Legal Reasoning

Responsibility of Notary in The Making of Agreement Which Impacted to The Credit Loss in Bank Mega Branch of Kudus Totok Sujatmiko; Malik AL-Ghazali; Munsharif Abdul Chalim
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3244

Notaries are defenders of truth and justice so that law enforcement officials must carry out in good faith and sincerity, so that the legal profession is an honorable and noble profession (officium nobile). The number of notaries make increasingly tight competition between the notary and the notary sometimes make less cautious in their profession. The paper concludes that the Notary responsible for what was witnessed, which is seen, heard and done by notaries as public officials in the run position. Notaries are not responsible if any proofs and documents that are not true of the applicant.Keywords: Notaries; Agreements; Identity.

Law Due To Certificate Issuance Rights Of Land Management (HPL) No. 1 Of 1987 The Land Of Tradition (In Dignity Justice Theory Perspective) Roximelsen Suripatty; Siti Muzazanah; Munsharif Abdul Chalim
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4260

This article provides an analysis Descriptive just about any Rights Land Stewardship (HPL) and the state of the legal regulation of HPL on community land. Research findings is that it turns out the existence of Land Management Rights, by society in general considered to be problematic from a legal setting. In view of the general public (the men in the street) there is no clear basis in the legal arrangements of the Basic Agrarian Law regarding the HAT. Problems HPL also appear as the result of legal research normative author, with mainly navigated by Justice Theory Dignity (the dignified Justice Theory) was found that the provision HAT to the Government almost be violate or conflict with the rights to other land that had previously existed. As for the other HAT referred to are the property of land under customary law. The ownership of the land under customary law was legally recognized. In this study also found that in fact the birth of HPL owned by the Government of Sorong regency which has now become the City of Sorong on the one hand is based on the claim the Government of Sorong, proposed by the elements of the local Land Office that the origin of the HPL is a conversion from HAT in West Law (Right Erfpacht). With this fact it can be said that the Government HPL Sorong seek refuge or shelter behind Erfpact Verponding. In fact, in a Court decision expressly states that the right Erfpach judges and Erfpacht Verponding it is not there anymore. The legal consequence is Erfpacht not be used as legal basis that justifies or justification for HPL. According to the Judge, HPL Sorong government owns comes from the State Land. In short it can be said that this article contains an overview of the issues HPL law above the government-owned land parcels at the same time also be claimmerupakan land belonging to indigenous peoples. Keywords: Because of law Rights Land Stewardship; Indigenous Lands; Justice.

Legal Review On Prospects For Filling In The Form Of Notary Protocol In Electronics Form And Legal Power Restu Abiranda Bimaroni; Apromico Apromico; Munsharif Abdul Chalim
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4245

The purpose of this study is to 1. To know and analyze the prospects for a notary protocol archiving in electronic form, 2. To identify and analyze the force of law on notary protocol archiving in electronic form. The data used in this research is secondary data is data obtained through library research. Secondary data in this study is divided into two (2) in the form of primary legal materials and secondary law to support the study, then analyzed with descriptive analysis method.Based on the results of data analysis concluded that: 1) the prospect of a notary protocol archiving in electronic form can be judged from the aspect of economic and legal aspects. Economically, the electronic storage notary protocols aimed at more practical, efficient, cheap and safe. While the legal aspects, can assist and facilitate the legal proceedings related to the rules of evidence that electronic evidence. 2) The legal force of proof protocol notary electronically stored in evidence in the field of civil law can only serve as a backup and not as a copy of which has no binding force, due to the restrictions given by the ITE Law in Article 5 (4 ) that the electronic document that does not qualify the authenticity of the documents as stipulated in Article 1 point 1 UUJN Amendment and Article 1868 of the Civil Code, with the idea or discourse on the transfer protocol notary of conventional (paper based) into an electronic (digital based) then the notary profession in carrying out the authority and obligation to keep archives and documents in a notary's protocol will become more effective and efficient.Keywords: Normative Juridical Studies, Protocols Notary, Electronics.

The Implementation of Making Land Deed Done by Subdistrict Head as The Temporary Land Deed Officials in Bulakamba Subdistrict, Brebes Regency Opy Ropiyah; Kholid Mawardi; Munsharif Abdul Chalim
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3253

The implementation of Land Registration Services by the Subdistrict Head as Temporary PPAT is referred to PP No 24 year 1997 on land registration, and PP No. 24 year 2016 concerning Land Deed Officials.The purpose of this study was to analyze the making of land deed by the Subdistrict Head in his position and function as Temporary PPAT in Bulakamba District, Brebes Regency, as well as to find out the legal consequences if an error occurred in its implementation.This research is a juridical-empirical approach. Data analysis techniques used qualitative data analysis. The juridical approach was based on a normative approach that analyzed various laws and regulations in the land sector, while the empirical approach is used to analyze normative laws.The results showed that, the temporary PPAT are more likely to only make a sale and purchase deed, because the Subdistrict Head itself is less active, due to busyness with government affairs in his area. The Subdistrict Head, as Temporary PPAT, has not yet installed the nameplate (Article 20 paragraph 2) PP No. 24 year 2016. The delay in submitting the deed and the documents in the land registration process conducted by the temporary PPAT Sub-District Head does not result in the cancellation of the deed that has been made.Suggestions to the Land Office in Brebes Regency is, they should work together with the PPAT Association (IPAT) and must routinely conduct guidance and supervision of the Land Deed Officials (PPAT), especially temporary PPAT in order to minimize mistakes.Keywords: Subdistrict Head, Temporary PPAT, Land Deed

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