Claim Missing Document
Check
Articles

Found 18 Documents
Search
Journal : Jurnal Akta

TINJAUAN TERHADAP PELANGGARAN KODE ETIK JABATAN NOTARIS DI KABUPATEN PURBALINGGA Yogi Priyambodo; Gunarto Gunarto
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.v4i3.1805

Abstract

An insufficient Notary only owning membership of law but also have to base on responsibility and carrying out of to be august of ethics and prestige. Role and of Notary of vital importance to traffic punish in society, therefore Notary have to earn to run its profession professionally have, high dedication to and also always hold high standing and its prestige by upholding code of ethics Notary. So that can run its duty better as steward of society, a professional have to run its occupation by harmonizing among owned membership by respect code of ethics profession. Ethics is norms, rules and conditions, which must fulfill by a group of one who is conceived of by circle of professional. Therefore, of vital importance to all Notaries to be able to more comprehend of that deed can be told as collision of code of profession. Ethics, how organizational effectiveness Notary Indonesia in giving construction to all Notaries in order not to happen things which harming Notary and served society it.Pursuant to the things hence problems to check in this research: A Violations code of ethics, barriers and solutions Violations of code of conduct, as well as the legal consequences violations of the code of ethics by notary in district Purbalingga.Approach method the used is approach of empirical yuridis and specification of which is used in this research have the character of analytical descriptive research. Pursuant to result of research can be concluded supervisory council area district Purbalingga which acts as watching and collecting facts about the society and finding relations to violation and board of trustees having authority fall of sanctions to offenders, barriers experienced in the form of inadequate infrastructure, while the legal consequences about moral judgment and ethics Notary itself.Keywords : Violation, Code of Ethics
IMPLEMENTASI PERJANJIAN PEMBIAYAAN JUAL BELI (MURABAHAH) DI BANK NEGARA INDONESIA ( BNI ) SYARIAH CABANG SEMARANG Moch Faizul Khakim; Gunarto Gunarto
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.v4i3.1816

Abstract

One form of financing agreement provided by Bank BNI Sharia is murabahah, which is a form of trust and sale of certain goods, between banks and customers. The bank buys the required item and sells it to the respective customer at the cost of the acquisition plus the agreed benefit. The purpose of this study entitled Implementation of Sale and Purchase Agreement (murabahah) in Bank BNI Sharia Branch Semarang is to find out how the procedures and requirements in the implementation of Buy and sell Financing Agreement (murabaha) at Bank BNI Sharia Branch Semarang and problems often faced in Murabahah Financing Agreement as well as efforts to overcome the problem of Implementation of Murabahah Financing Agreement at Bank BNI Sharia Branch of Semarang. This research is a descriptive analysis using sociological juridical research methods and field research, based on the results of research concluded that the stages or procedures and requirements in Murabahah Financing Agreement at Bank BNI Sharia Branch Semarang is Application, Investigation, Financing Analysis, Letter of Agreement on Financing Agreement, Signing of Murabahah Agreement, Withdrawal, Installment Calculation, Installment Payment and Repayment. In the implementation of the Murabahah Financing Agreement, Bank BNI Sharia often faces several problems, especially in terms of murabahah financing for houses / property, based on observations the authors conclude there are some weaknesses or difficulties that become problem in murabahah financing, that is in terms of Human Resources (HR) and the provisions of the National Sharia Council Fatwa. BNI Sharia Bank's efforts to solve a problem when one party does not fulfill its obligations, BNI Sharia Bank applies its settlement clause by way of deliberation and kinship, if in the above manner can not reach agreement, then the final effort is settled through local District Court. It is suggested to Bank BNI Sharia to distribute murabahah financing always pay attention to applicable law. If the murabahah financing is not able to comply with the applicable law, then this murabahah product should not be marketed temporarily pending the issuance of new regulations that support the implementation of this murabahah product. Keywords: Murabahah Agreement, PT. Bank BNI Sharia Branch Semarang
PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg) Faizal Indra Nor Cahyo; Gunarto Gunarto
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.v4i2.1795

Abstract

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.
Law Review Of Dispute Resolution In The Land Acquisition For Development For Public Interest In Tegal Regency Vita Purnamiati; Gunarto Gunarto; Sufi Hamdani Kurniawan
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.v6i2.5068

Abstract

The purpose of this study was to determine: 1) Implementation of land acquisition for the construction of highways in the public interest, Tegal Regency. 2) Settlement of disputes in the implementation of land acquisition for the construction of public interest. 3) Obstacles and solutions in the procurement of land for public purposes in Tegal regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, whereas the method of analysis with descriptive analysis method and qualitative analysis.Results of the research results can be concluded: 1) Implementation of land acquisition for public purposes, starting from planning, location determination, the establishment of the land procurement committee, price assessment, deliberation, decision and compensation stage damnification; 2) Settlement of disputes of land acquisition in the public interest the construction of toll roads in Tegal regency can be done with the courts and lanes deliberation. Tegal society more choose the path of deliberation for reasons more cost effective. Settlement of disputes by consultation carried out continuously and intensely to achieve a fair deal. 3) Obstacles and solutions in the procurement of land for public purposes in Tegal their third-party intervention, the buying and selling of land free, the process of inheritance that has not been behind the name, the pricing of compensation is not appropriate and the knowledge society that is lacking in the field land and construction of public interest. The solution to this committee is to socialize and intense deliberations to happens a fair deal for both sides.Keywords: Land Dispute; Land Acquisition; Public Interest.
The Implementation of Complete Systematic Land Registration (PTSL) Which the Transfer of Rights of His Land Not Using PPAT Deed (Case Study in National Land Agency of Grobogan) Reni Widayanti; Jeifson Sitorus; Gunarto Gunarto
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.v6i4.7592

Abstract

Registration of land as a form of implementation of the government's obligation to guarantee legal certainty and the protection of land ownership. The purpose of this research are: 1) To analyze the Complete implementation of Systematic Land Registration in Grobogan. 2) To analyze barriers that occur in the Implementation of Complete Systematic Land Registration in Grobogan. 3) Analyze solutions to the obstacles to the full implementation of Systematic Land Registration in Grobogan. This study using sociological juridical approach namely a study conducted in depth against the reality-a reality that exist within the community and surrounding environment for the purpose of finding facts there and then will discuss the problems that exist.Based on the results of data analysis concluded that that There are several stages in the implementation of location determination PTSL among other things, education, the establishment of the adjudication committee, the announcement of physical data and juridical. In the implementation of PTSL there are several barriers among others are plots of land still in dispute, plots the subject is still not clear, less pro-active society and other but officials PTSL seeks to overcome these obstacles with solutions that are effective in order stand on PTSL program is going well and smoothly in the interests of the general public.Keywords: Complete Systematic Land Registration; Without PPAT Deed.
Juridical Review Process Completion Code Violation of Notary Eli Tri Kursiswanti; Yeremias Tony Putrawan; Gunarto Gunarto
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.v6i3.5108

Abstract

The purpose of this study were 1) To explain the juridical review process completion code violation of notary, 2) To explain the process of resolving the obstacles and solutions notary code violations.The methods in this research is juridical-empirical approach. Judicial approach used to analyze a wide range of laws and regulations related to the implementation of sanctions for violations of the code of conduct notary, In this study, then this kind of research will be a descriptive analysis that describes, depicts or expressessanctions for violations of the code of notary conduct.Based on the results of this study concluded that 1) Notary is a public official who has the authority to make an authentic deed as an evidence that has the strongest evidence in civil law. Notary profession in practice arranged in a special instrument that Notary Code. Not with standing remains a violation of Notary Code. These violations need to be enforced to ensure legal certainty for citizens. 2) The obstacle is the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping provisions of the code of conduct between the supervision of the Honorary Board and the Supervisory Council of Notaries. In an effort to prevent and reduce the occurrence of violations of the Code notary in Depok then the WCA Board and the Supervisory Council of Notaries to guidance, supervision, guidance and counseling. Included in providing strict sanctions as part of the coaching. Doing awards (reward) and punishment to the Notary in implementing the Notary Code provisions.Keywords: Judicial Review; Settlement; Breach; The Code; Notary.
The Position And Function Of Notary In The Using Of State Symbol Arief Rahman Siregar; Andhika Widya Kurniawan; Gunarto Gunarto
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.v7i1.8301

Abstract

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.
Notary Role In The Process Of Establishment Limited Liability Company (PT) Iqbal Rino Akta Pratama; Asep Suherdin; Gunarto Gunarto
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.v6i3.5016

Abstract

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)
Co-Authors A.A. Ketut Agung Cahyawan W Abu Taher, Mohammad Adi Prasetiyo Adiati Hardjanti Agung Riyadi Agus Dwi Santosa Agus Ekhsan Agus Hartanto Agus Setiawan Agustinus Dian Leo Putra Ahmad Mujib Rohmat Ahmad Yahya Ahmad Zaini AHMADI Akbar, Robby Akhmad Khisni Akhmad Khisni, Akhmad Alfian, Rudi Ali Djamhuri Ali Fakhrudin, Ali Amin, Al Andhika Widya Kurniawan Andita Rizkianto Anis Mashdurohatun Ansharullah Ida Apri Rahmadi Arief Rahman Siregar Arif Rachman Wahyu Wicaksono Arpangi Arpangi, Arpangi Aryani Witasari As'adi M. Al-ma'ruf Asep Suherdin Bagus Langgeng Prasetiyo Bambang Rudito Bambang Tri Bawono Bambang Tri Bawono Beno Beno Benyamin Ginano, Raihan Gautama Binyamin Binyamin, Binyamin Boma Wira Gumilar Bondan Zakaria Bushido Chaniago, Rizky Darwinsyah Minin Desi Ayuwati Ayuwati Dhona Anggun Sutrisna Dian Cahyo Wibowo Dian Pramythasari Utamawati Djuniatno Hasan Doddy Irawan Dwi Fahri Hidayatullah Eko Julianto Eko Nuryanto Eli Tri Kursiswanti Endah Wahyuningsih, Sri Endang Sulistyawati Etri Silviyanti Fadhilah, Raudhatul Fahrezi, Dian Fahrurrozi Fahrurrozi Faizal Indra Nor Cahyo Fakhrul Wildan Fariza, Muhammad Fasya, Muhammad Fatik Rahayu Fera Dyah Nur Oktavia, Fera Dyah Feriansyah, Feriansyah Fuazen Fuazen , Fuazen Girsang, Junimart Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Handono, Reza Prasetyo Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania Hussain, Abdullah Al-Monzur I Nyoman Garjita Ibnu Hiban Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Insani, Rachmad Wahid Saleh Iqbal Rino Akta Pratama Irawan, Doddy Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Junaidi Junaidi Kabir, Md Adnan Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim Lois Yulianto M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie Moch Faizul Khakim Moh Priyo Manfaat Mohammad Solekhan Muchammad Qomaruddin Qomaruddin Muhamad Riyadi Putra Muhammad Iwan Muhlas Muhlas Mundhi, Mundhi Munsharif Abdul Chalim Mustar Mustar Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Pamungkas, Rendi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta Prihartadi, Prihartadi Putra, M. Indra Eka Putra, Sanggrayugo Widyajaya RAMDHANI RAMDHANI Reni Widayanti Ria Latifah Rinna Dwi Lestari Risky Eko Novi Artanto Ristya Putri Asriyani Rivan Achmad Purwantono Rizki Maulana, Tubagus Vibi Rochmad, Miftakur Rustaman, Viva Hari Saputri, Pungky Lela Sarwono, Eko Setiyani, Dwi Setiyani, Dwi Sianturi, Patar Mangoloi Sitoresmi, Sitoresmi Soegeng Ari Soebagyo Soeroso, Raka Aprizki Sri Anik, Sri Sri Endah Wahyuningsih Sri Kusriyah Sri Wahyu Murni Sri Yuliati Subiyanto Subiyanto Sufi Hamdani Kurniawan Suhanan, Aan Sukardi Sukardi Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Suwito Suwito Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang Utami, Putri Yuli Videawati, Videawati Vikha Anief Obaydhillah Vita Purnamiati Wahyu Adhi Admaja Wahyu Wahyu Warman Warman Widi, Prasetya Nugrahaning Wijanarko, Khansa Fara Yeremias Tony Putrawan Yogi Priyambodo Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Zainal Alim Adiwijaya, Zainal Alim Zulyan, M.