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Responsibilities Of Notary In Tradding And Purchase Agreement (PPJB) In Semarang Febrika Rizki Andini; Umar Ma'ruf
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.v5i2.3129

This study discussed how to be the responsibility of Notary to the authentic agreement making, which studied further is the Agreement of Tradding and Purchase Agreement. This study used sociological juridical analysis approach, with data obtained through literature and interviews, then the data were analyzed qualitatively. From the result of this study, it is agreed that the duties and authority of Notary by making a personal agreement which has been formed in Article 15 of Act No.30 Of 2004 concerning Notary Position. In this case, the notary is responsible for all agreements he/she has made. Agreement PPJB is made for the introduction and as a legal bridge to conduct the next legal screening, namely Agreement of Tradding and purchase to be read and signed in the vicinity of Notary. PPJB shall be made on the basis of the parties' persecution and prevention of default from either party. Because the Agreement of PPJB is an authentic agreement and made by or in the presence of a Notary then by itself the agreement becomes notary agreement. The power of its protection corresponds to the frequency of authentic agreements. The suggestion that can be given from this study is to further manage the Tradding and purchase agreement in Regulation, especially for the land issues. So that all parties used the Tradding and purchase agreement as engagement can be more secured.Keywords: Responsibility; Notary; Tradding and Purchase Agreement (PPJB).

Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.) Rian Dwi Anggoro; Umar Ma'ruf
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.v5i3.3266

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

The Validity Of Notary’s Agreement Which Is Signed Outside The Notary’s Office Dina Harindra Trisnani; Umar Ma'ruf
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.v5i2.3172

Article 19 paragraph (3), Article 3 paragraph 8 and Article 3 number 15 in Code of Ethics of Notary is a regulation governing the signing of notarial agreement at Notary's office. However, in practice, there is a case of signing the Agreement not in the Notary’s Office. The problem formulated is how the validity of notarial agreements signed not in the Notary's office and how the supervision of Notary in the signing of notarial agreement so that it is in accordance with notarial agreement. To answer the above problems, the author used normative research methods and a research approach; legal approach, conceptual approach, case approach and practical approach. Methods of data collection research used literature study method and the data were analyzed by qualitative analysis techniques and used deductive conclusions. According to the research, the validity of Notarial Agreement signed not at the Notary office has the following criteria; firstly, notarial agreements that are signed are not in the Notary's office but are still in the Notary's territory, the agreements are valid as long as there are special reasons. Secondly, notarial agreements signed not in the Notary office and not in positions of Notary's territory but still in the Notary's office area remain valid as long as it is done not sequentially and accompanied by specific reasons. Third, the Notary who signed the agreement not in his Notary's office and outside the territory of Notary Office, the agreement becomes invalid. Notary Supervision in signing of Notary Agreement pursuant to Notary Law and Notary Code of Indonesia is done by Supervisory Notary Board. Supervision by the Notary Board is done through preventive and curative activity including development activities. Supervision by Notary Board is done in two ways, namely: active supervision which checks Notary protocol and passive supervision which checks Notary statements.Keywords: Notary; Signing Agreement; Unnotary Office.

The Implementation of The Land Right Transfer Registration According to Letter Citation in Jatibogor Village, Suradadi - Tegal Ahmad Tsekhudin; Umar Ma'ruf
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.v5i3.3245

According to the certainty on the material law, the definition of transfer of land right is the transfer of old owner to the new one. There are 2 (two) ways of the transfer of land right, which are to transfer and being transferred. To transfer means the transfer of land right without any legal action done by the owner, for example by the hereditarily. While being transferred refers to the transfer of the land through the legal action by the owner, for example by the purchase and sale. According to Paragraph 37 Article 1 Government Regulation Number 24 the Of 1997, it is stated that the Transfer of land right done by making the deed by Land Titles Registrar, so the transfer deed of land transfer will have a strong proof as a deed in the court system and a deed as the base of issuing the ownership certificate. The registration of the land as Government Regulation Number 24 the Of 1997 aims to give the legal certainty and legal protection to the right holder of the land, apartment units and other registered rights so it can easily prove that himself/herself is the right holder. On the other hand, we also acknowledge the registration of land tax, such as pipil-girik, petok, letter C, which is done by the Tax Office in Java Island. Due to there are still some lands in Indonesia that aren’t registered yet around society.Keywords: The Transfer of A Land Right; Registration; Letter D

Transition Status of Land Property Values Based on State Land to Be Justice (Study on The Granting of Compensation of Land Development Projects Pemalang - Batang Toll Road) Anisa Humaida; Umar Ma'ruf
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.v5i3.3263

Practice transitional land rights usually involve communities affected by development projects such as those in Pemalang-Batang toll road construction project. The method used in this research is juridical empirical method. This research is descriptive. With the research that is descriptive, it can be analyzed and compiled the data collected, so that it can be concluded that a general nature, as well as giving a clear picture of the role of the Notary in the transaction of land acquisition for the construction site of Pemalang-Batang Toll Road (PBTR) , The field data were analyzed qualitatively and literature that only retrieve data related to the issues discussed. Legal uncertainty for public land needs to be a concern for the government. As for efforts to be made, among others, regulatory arrangement to produce quality legal regulations, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice.Keywords: Switching Status of Land; Land Property; State Land.

Juridical Review On The Instructions Of Governor Of Yogyakarta No. K/898/I/1975 On Uniformity Policy Of Land To The Granting Of A Non-Native Citizen Frans Ferbianto; Umar Ma'ruf
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.v5i2.3099

The purpose of this study was to: 1) To determine and analyze the implementation of The Instruction of DIY No. K/898/I/1975 which makes it difficult to obtain a non-native citizen property rights of land in Yogyakarta. 2) To determine and analyze the correlation instructions for DIY Regional Head No. K/898/I/1975 with other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) The provision granting land rights to a citizen Non-Natives in the province based instructions for DIY Regional Head No. K/898/I/A/1975 are not allowed to own land both farm and nonagricultural land with soil status Rights Owned. If a citizen Non Natives acquire land with the right then obliged to waive that right and land rights apply to the Regional Head of DIY with a given the building right (HGB). 2) The provision granting land rights to a Non-Native citizen in the province based instructions for DIY Regional Head No. K/898/I/1975.Keywords: Judicial Review; Non-Native Citizen; Rights of Land

Due To Legal Marriage Without Married Agreement Relating To The Existence Of Bankruptcy Reza Fahlevi Bachtiar; Umar Ma'ruf
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.v5i2.3094

The problems that will be answered in this study are grouped into two, about how the legal consequences of marriage, held without mating agreement with the bankruptcy, and how the legal standing of the assets of the debtor spouse to mate without mating agreement after bankruptcy. The method used in this research is the empirical jurisdiction. The legal consequences of marriage, held without mating with their bankruptcy agreement is legally valid as the bankruptcy of the husband or wife of the bankrupt debtor. The separation between the property along with a personal wealth does not necessarily separate due to the bankruptcy imposed on married couples who enter into marriage without mating agreement as well as the marriage held by mating or separation agreement treasure. The legal position of property the debtor spouse into marriage without the agreement having been declared bankruptcy mating separated into two parts, namely the unity property and personal possessions. Husband or wife treasure the bankruptcy debtor entered into treasure union declared legally bankrupt as a result of participating bankruptcy imposed against the partner.Keywords: Effects; Marriage; Marriage Agreement; Bankruptcy.

The Implementation of Determination of Duty on the Acquisition of Land and Building Right (BPHTB) on the Land or Building Sale and Purchase in Pekalongan City Yodha Dhia Hogantara; Umar Ma'ruf
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.v5i3.3236

Regional taxes and regional retributions are one of the important sources of regional income to finance the implementation of regional governance. Both taxes and retribution are the source of regional income as mentioned in Law Number 28 year 2009 on Duty of the Acquisition of Land and Building Right (BPHTB). Pekalongan City has been managing Duty of the Acquisition of Land and Building Right since 2012. In the implementation of collecting tax and retribution management in Pekalongan City, it shows that there are still problems cause the target of BPHTB revenue to be hampered in the early years of the transition. This study aimed to find out and to describe the implementation of the determination of payment of duties on the acquisition of land and or building rights (BPHTB) for the sale and purchase of land and or buildings in Pekalongan City.This research used normative juridical approach. The data sources were obtained from primary and secondary data sources. The focus of this research was the implementation of the determination of the payment of duties on the acquisition of land and or building rights (BPHTB) for the sale and purchase of land and or buildings in Pekalongan City.Keywords: Taxes, Regional Taxes; Duty of the Acquisition of Land and Building Right.

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