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Akhmad Khisni
Faculty of Law UNISSULA
Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparative Juridical Analysis Of Witness's Position In Notarial Agreement Making Based On Islamic Law And Public Notary Law (UUJN) Meta Agulegistin; Akhmad Khisni
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.v5i2.3085

Abstract

The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary  Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law
Legal Review Of Malpractice Notary In The Notary’s Deed Enriko Silalahi; Akhmad Khisni
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.v5i3.3237

Abstract

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability
Land Position In The Coastal Arising By Act No. 1 Of 2014 Concerning The Management Of Coastal Areas And Small Islands Deni Lesmana Andimiharja; Akhmad Khisni
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.v6i1.4246

Abstract

The purpose of this research is to know and understand the position of the land arose in the legal system of national land and to know and understand land management arise in the effort to reorganize the coastal areas pursuant to Act No. 27 of 2007. The data used in this study are primary data, secondary data, and the data to support tertiary study, then analyzed with descriptive analytical method.Based on the analysis concluded that the position of the land arises in national land law system is including state land. It is, as the land has not been adhered by something any rights that the state as the highest organization that was entrusted by the Constitution to master, setting, allocation, land use arise.Land management arises in the effort to reorganize the region coastal areas in an integrated manner, in a sustainable spatial planning through the stages of structuring and planning, formulation, implementation, and evaluation by considering the legislation concerned. Keywords : Land Arise; Coastal Areas; Small Islands
Authority to Cancel The Judge Agreement as Evidence of Cancellation of Grants Authentic Act and Sale Agreement Umar Al Faruq; Akhmad Khisni
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.v5i3.3180

Abstract

This study aimed to analyze the authority of the judge, analyze the civil law, and to determine the factors that are considered by the judge in dismissing the notarial agreement as authentic evidence regarding the cancellation of the grant agreement and the agreement of sale. Authentic agreement is a legal cover, which had a value of legal certainty and the strength of evidence that is perfect for the parties to make. The existence of an authentic agreement due to provisions. legislation that would require such evidence to certain legal acts of the parties calls for certain legal actions embodied in the form of an authentic agreement. As for the issues that arises is how power law Notary agreement as evidence and what criteria which determine the handicap of a notarial agreement so that it can be canceled by the court. This research is research Empirical research juridical or legal research library (library research). Data were analyzed using qualitative research, is sorting and preparation of data classification, editing data and coding data for building performance analysis data, conduct data analysis in accordance with the construction of the discussion of the research results.Keywords: Judge Authority; A Notary; The Authentic Act Of Cancellation; The Grant Agreement; Sale Agreement.
The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement Dikha San Mahresi; Akhmad Khisni
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.v5i3.3171

Abstract

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary
Roles and Responsibilities Relating Land Agreement Official of Liability Provision of Rights With Mudharabah in Islamic Bank Yoni Oktaviani; Akhmad Khisni
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.v5i3.3255

Abstract

This research examines the concept of binding guarantee of the rights to land in accordance with laws and regulations in Indonesia and Islamic law; as well as the roles and responsibilities associated with APHT PPAT in the contract of Mudharabah in Islamic Bank. The method used in this research is normative. The results showed that APHT can not be used on the contract of Mudharabah and Islamic law has its own security institutions, namely Rahn. Roles and responsibilities of PPAT associated with APHT in the contract of Mudharabah in Islamic Bank will be explained by Act No. 4 of 1996, Act No. 21 of 2008, Government Regulation No. 37 of 1998, as amended by Regulation No. 24 of 2016, PERKABAN No. 1 of 2006, as amended by PERKABAN No. 23 of 2009 and Theory of Accountability.Keywords: Responsibility; Land Agreement Official; Mudharabah System.
Notarical Ethics In The Implementation Of Murabaha Ebit Tri Laksono; Akhmad Khisni
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.v5i2.3081

Abstract

In a business and banking transactions, there is an important thing of the existence of agreement, especially in a debt-receivable case. A Public notary as the side that has a discretionary power in making authentic agreement which has an important role in the banking transaction, not only in the Conventional Bank but also in the Islamic Bank. On of them is in the making of sharia agreement by the principal of murabaha. The agreement that was made by the public notary had the obvious strong power and could be placed as the evidence instrument, if there is a problem between two parties. The making of an authentic agreement by the public notary was required in the legislative regulations with the aim to create certainty, public order and the protection of the law.Keywords: Public Notary; Sharia; Murabaha.
Executing Public Notary Officials Role In Making Cooperative Agreement Fani Pratama; Akhmad Khisni
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.v5i3.3181

Abstract

True cooperative is a business entity that stands based on family rules, in Indonesia cooperative stand up and walk before the independence of Indonesia. First it was a banking company in Purwokerto, Central Java founded by Raden Aria Wiria Atmadja aided and forwarded by a Resident De Wolf Van Westerorde using cooperative system is not running because it is considered more pro natives. Trip the cooperative development of the pre and post-independence Indonesia severely affected the economy of Indonesia. Development side by side with other economic system, cooperatives perceived need of the legality of the law in all of their business activities. The legality of a cooperative is the agreement of establishment of cooperatives. A public official who has the authority to make the authentic act is a notary.Keywords: Cooperative, Agreements, Notary.
Position Of The Deed Of Will Made By Notary In Dispute Between The Heirs (Case Study Of Religion Court Decision No. 0427/Pdt.G/2014/PA.bla) Nurul Kusumawati; Akhmad Khisni
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.v5i2.3233

Abstract

An inheritor can make a deed of will before a Notary, so that in a dispute occur later on between the heirs, the deed of will can be used as a basis for deciding the dispute between parties. Notaries who have the authority to make a deed of will have the obligation to serve the community in making a deed of will in the form of an authentic deed as stipulated in Article 15 paragraph (1) of Law Number 2 year 2014 concerning Amendments to Law Number 30 on the Position of Notary, which reads " The Notary has the authority to make authentic deeds regarding all deeds, agreements, and stipulations required by legislation and/or desired by the interested parties to be stated in an authentic deed, to guarantee certainty of the date of making the deed, to store the deed, give grosse, copy and quote of deed. All of those matters can be done by the notary as long as the deed is not also assigned or excluded to other officials or other people determined by law". So it is expected that the will certificate in the form of an authentic deed made by a notary based on the will of the inheritor can provide a solution that can be used as a basis in deciding a case of dispute between heirs. Legally, the heirs have secured the right as an heir, in accordance with Article 874 of the Civil Code. Related to the dispute between the heirs caused by the will deed made by the Notary, the Court take responsibility to overcome the dispute, so that all parties can get legal certainty.Keywords: Testament Deed, Authority of Notary, Dispute of Heirs
Analysis of The Marriage Treaty and Legal Approach Due Judging from The Draft of Civil Code Takwim Azami; Akhmad Khisni
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.v5i3.3240

Abstract

The continued development of the situation in society at large prospective marriage couples who decided to make a marriage agreement. This is because both the men and women capable of generating wealth each and there are many other reasons why it made a pact to marry. Mating agreement is the agreement made by two people (prospective husband and wife) before marriage. Mating Agreement provided for in article 29 of Act No. 1 of 1974 marriage but with the birth of the constitutional court's decision No. 69 / PUU-XIII / 2015 there are some changes in the Marriage Covenant which is still a Pro Cons in society. The problems examined in this study is: how marital agreement in terms of the book of Civil Law. The method used is a normative legal approach. Source materials used law is the source of primary legal materials and sources of secondary legal materials such as books and law legal materials collection techniques performed by the document study reading and studying the legislation regulations. The analysis of legal materials in this study, conducted by processing and analyzing qualitative and descriptive poured. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act including the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016.Keywords: Marriage Agreement; Effects; Legal Approach
Co-Authors Aep Saepudin Ahmad Mustarsidin Daniel Budi Hardwianto Deni Lesmana Andimiharja Devi Sulastyo Pinuji Wibawa Dewi Farhati Dikha San Mahresi Ebit Tri Laksono Enriko Silalahi Etik Kuswanti Fani Pratama Meta Agulegistin Mochammad Ipnu Wardani Nurul Kusumawati Takwim Azami Umar Al Faruq Yoni Oktaviani Yuliantoro Yuliantoro