Jurnal Akta
JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal has been acredited
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<![CDATA[PERAN NOTARIS DALAM PEMBAGIAN WARISAN KEPADA ANAK HASIL LUAR KAWIN DITINJAU DARI HUKUM HARTA KEKAYAAN DAN PEWARISAN SERTA HUKUM WARIS BARAT ]]>
<![CDATA[Muhammad Sidiq]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 4, No 2 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i2.1786
<![CDATA[The research of this thesis in order to (1) to know the definition of a child outside marriage in a positive law of Indonesia is a child born in a legal marriage according to a religion that fulfills the provisions, it is just not recorded in the civil record; Judging by the Compilation of Islamic Law and the Civil Code (2) to know the magnitude of division of marriage out of the Compilation of Islamic Law and Civil Code (3) to know there is a Notary's role in the division of inheritance in the making of Statement of Inheritance and Certificate of Inheritance. Starting a dispute relating to the building of a married child in the future, the Notary may make peace deeds and / or agreements on the release of copyright.This research uses normative juridical approach. This study uses secondary legal materials, which include positive laws or regulations, research results, scientific papers, and other legal literature references that support problem analysis. This approach seeks to examine and explore and seek answers to what should be of every problem.This study produces in essence (1) Outsider is a child born in a legal marriage according to religion is not yet recorded. Therefore, according to Islam, the outsider is legally and legally entitled to inheritance, as well as seen from the perspective of civil law (2) The magnitude of the division of marriage out of the Compilation of Islamic Law is to use the calculations commonly used to divide the inheritance Using principles in KHI. Similarly, the Civil Code that divides the inheritance of children outside of marriage based on the principle of the Civil Code. In contrast to the inheritance division of an out-of-wedlock child (in the sense of the Civil Code) divided according to which group he was abandoned. The offspring studied by the authors differ from the definition of children outside marriage in the Civil Code (3) The role of a notary in the division of inheritance contributes to the making of the Statement of Inheritance and the Inheritance Certificate. In the event of a dispute, a Notary may produce peace deeds and / or an agreement of waiver of claim.Keywords: Outsider married, Marriage Law, Compilation of Islamic Law, Notary]]>
<![CDATA[Notary Role In Agricultural Land Rent Agreement In The Village Of Tungu Godong District Of Grobogan ]]>
<![CDATA[Ani Hilyani Hilyani]]>;
<![CDATA[Tofan Alamsyah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.7873
<![CDATA[The purpose of this research are: 1) To determine the role of the Notary in the implementation of the agreement rented farmland in the village of Tungu Godong District of Grobogan. 2) To know the rental renting Agricultural Land In the village Tungu Godong District of Grobogan. 3) To know the constraints in the implementation of the lease meyewa farmland and the solution of these constraints. The method in this research sociological juridical This study is based on positive law in Indonesia and is based on existing practices in the community. So paties directly relate to both parties, including the people who do agricultural land lease agreement.Based on the analysis of this study concluded that the role of the Notary in the lease agreement of agricultural land is the agreement made before a Notary with the deed of lease agreement, the lease which is carried out in the village Tungu done by those who do the lease agreement in line of sight crushing price to be agreed , if it is agreed the lease agreement was publishes an agreement in the agreement, such as a lease, the lease payments. The obstacles in the process of leasing such as crop failure, it is also common pests and the solution of these problems are minimized losses by means of land rent farmers cultivating land in addition to the main cropping namely rice, do matcher other crops such as corn.Keywords: Role of the Notary; Rent Agreement; Land of Agriculture.]]>
<![CDATA[Assembly Supervisory Role Of Regional Efforts In Order To Guidance And Supervision Of Notary In The District Of Cirebon ]]>
<![CDATA[Fella Mudiana Putri]]>;
<![CDATA[Farhan Munirus Su'aidi]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4256
<![CDATA[The purpose of this study was to: 1) analyze the implementation of MPD Cirebon role in the Framework Guidance and Control of Notaries. 2) analyze any efforts undertaken 3) analyze Barriers and Solutions MPD Cirebon in order to guidance and supervision of a Notary. This research is empirical. The method is empirical juridical approach. Specifications required in this research is descriptive. In this study consisted of data sources: primary data obtained by researchers through interviews and field research object Supervisory Council of Blood (MPD) in Cirebon, and secondary data obtained through literature.Based on data analysis concluded 1) implementation of the supervision and oversight of the Regional Supervisory Council (MPD) Cirebon based on regulation Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 2004, of carrying out the authority, as referred to in Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17 and Article 70 and Article 71 UUJN. 2) Some of the efforts to be undertaken by the Assembly Regional Supervising Notary Cirebon in order to guidance and supervision of Notaries are: a) Implement supervision preventive and curative namely the prevention of the occurrence of malfeasance Notary and to provide guidance to the Notary itself, b) do socializations to the parties related to the Notary profession. 3) Factors to be barriers: 1) Notary less able to manage time between activities Notary with the time of inspection. 2) Notary also encountered less tidy in making a Notary Protocol. As for the solution is 1) Should the Notary make a schedule for the activities to be performed 2) Notary further explore and relearn the theories about the creation of Notary Protocol. 3) The area should be routinely Supervisory Council to follow up on the findings of the Regional Supervisory Council of Notaries.Keywords: MPD; Development and Supervision; Sanctions.]]>
<![CDATA[Legal Protection Of Heirs Testamenter To Testament Agreement Which Not Registered (Case Study Testamenter Without Heirs) ]]>
<![CDATA[Amalia Putri Prima Erdian]]>;
<![CDATA[Hulman Siregar]]>;
<![CDATA[Arief Cholil]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3097
<![CDATA[Law of inheritance only happens because the person died. In BW there are two ways to get wealth, that is: as heirs according to the provisions of law and as a person appointed in the will. What is meant by the will itself according to Article 875 BW is an agreement that make statements about what he wished someone would happen after he died, and that by her to pull back. In general, people make a will before a Public Notary. According to article 1 paragraph 1 of Act No. 2 of 2014 concerning On Notary (now referred to UUJN). Notary is a public official who is authorized to make authentic agreements and other authorities referred to in the Act, where each testament must be shaped agreement in order to obtain certainty law as an authentic agreement binding. With the creation of the will meant that the parties can understand and be able to know the basic result of the offense can be arranged so that the interests of the concerned receive proper protection as known by the Notary.Keywords: Inheritance; Heir; Testament; Authentic Agreement]]>
<![CDATA[AKIBAT HUKUM AKTA OTENTIK YANG TERDEGRADASI MENJADI AKTA DIBAWAH TANGAN ]]>
<![CDATA[Soegeng Ari Soebagyo]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1804
<![CDATA[The study entitled "Legal Effects Against the Authentic Deed of Degradation Becoming a Deed of Hands" aims to recognize the legal consequences of the degraded authentic deed and the responsibility of Notary over the degraded authentic deed to become a deed under the hand. This research uses juridical socio legal research approach, in collecting data more emphasized on source of primary material, in the form of legislation, studying law norms and law science sera theory in addition to interviews to the parties related to the problem in carefully. Based on the method, the research produces principally (i) Authentic deeds can be degraded into deeds under the hand when the requirements of the authentic deed are not met, whether material or formal terms which have the authority to judge them is a court. ) What are the legal consequences of an authentic deed that is deemed to be a deed under the hand does not have legal validity as an authentic deed, only a word under the hand that has no legal force to bind this subject under KUHperdata article 1869 and can be seen in Law no. 2 Year 2014 jo. UU no. (3) Article 51 paragraph (4), (iii) The responsibility of a Notary if The authentic deed he made into a deed under the hand, the Notary may be held accountable; (-) Administrative liability If a Notary is found guilty of violating Article 85 of Law Number 30 Year 2004 which regulates the obligation and prohibition for Notary in carrying out his / her position. (-) Accountability according to Civil Law of this matter as Article 1365 Civil Code, and can be seen In Law no. 2 Year 2014 jo. UU no. Article 49 paragraph (3) of Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4) (-) Accountability under criminal law if Notary deliberately falsely authentic deed or intentionally include incorrect information in the authentic deed he madeKeywords: Authentic Deed, Notary, Degradation]]>
<![CDATA[Ratio Decidendie Judges On The Cancellation Of Certificate Of Land Right That Does Not Remove The Ownership In Kendari State Court (Case Study On Decision No. 62 / Pdt.G / 2012 / PN.Kdi) ]]>
<![CDATA[Muh. Ramli Jaya]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7967
<![CDATA[This study aims to determine how the Ratio Decidendie judges and legal consequences of the implementation of verdict on cancellation of certificate of ownership that does not remove the right to land ownership in the State Court of Kendari. This study uses the type of normative juridical research using law approach, conceptual approach and the approach the case with premier legal materials, secondary and tertiary material.Based on the studies concluded that the judges verdict in case number 62 / Pdt.G / 2012 / Pn.Kdi confirming ownership of the Plaintiff. Certificate Revocation Proprietary No. 37 / Anduonuhu Village and property rights certificate No. 38 / Anduonuhu Village through Decision Kendari State Administrative Court No. 29 / G / 2010 / PTUN-Kdi flawed due to its publication of juridical / procedural defect. While consideration by the State Court case number 62 / Pdt.G / 2012 / Pn.Kdi explain pedestal of land rights in the form of Decree of the Governor of the Province of South East Celebes Number. 11 / HM / 1979 dated January 16, 1979 not been declared void. So that the Plaintiff's legal rights remain attached. Plaintiffs can reapply for the certificate issued by the applicable legislation.Keywords: Ratio Decidendie; Certificate Revocation Property Rights; Land Rights.]]>
<![CDATA[Improvement of Rights to Buildings Property to Be Living House at Land Office in the Pekalongan City ]]>
<![CDATA[Karsono Karsono]]>;
<![CDATA[Desi Ana Yustianita]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5019
<![CDATA[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.]]>
<![CDATA[Executing Public Notary Officials Role In Making Cooperative Agreement ]]>
<![CDATA[Fani Pratama]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3181
<![CDATA[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.]]>
<![CDATA[KEWENANGAN MAJELIS KEHORMATAN NOTARIS WILAYAH DALAM MEMBERIKAN PERSETUJUAN TERHADAP PEMANGGILAN NOTARIS OLEH PENEGAK HUKUM ]]>
<![CDATA[Udi Hermawan]]>;
<![CDATA[Munsyarif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1820
<![CDATA[Referring to the provision of Article 66 Paragraph (1) of Law Number 2 Year 2014, Assembly Honor Notary is authorized to approve the calling of a Notary by law enforcement. The authority of the Assembly Honor Notary is to replace the authority of the Regional Notary Supervisory Board in the case of giving approval to the calling of a Notary by law enforcement as stated in Article 66 Paragraph (1) of Law Number 30 Year 2004, which has been abolished by the Constitutional Court of the Republic of Indonesia through the Decision of the Constitutional Court of the Republic of Indonesia Number 49 / PUU-X / 2012 because it is contradictory to the 1945 Constitution of the State of the Republic of Indonesia. After the enactment of Law Number 2 Year 2014 the authority is reappeared and delegated to the Assembly Honor Notary. The research is empirical juridical research using primary law material, secondary law material, and tertiary legal material. After all the data collected then arranged systematically then analyzed qualitatively, and presented descriptively.The conclusion of this research is that the exercise of the authority of the Assembly Honor Notary in giving approval to the calling of a Notary by law enforcement has been done accordingly in accordance with the provisions of the prevailing laws and regulations and should continue to run as a safeguard against the Notary. A common obstruction is the difficulty of bringing together members of the Assembly Honor Notary when conducting an examination hearing. Related to that, there must be a commitment from each member of the Assembly Honor Notary to be able to perform his / her duties and obligations as a member of the Assembly Honor Notary.Key Words: Authority, Assembly Honor Notary, Calling a Notary.]]>
<![CDATA[Law Review Of Dispute Resolution In The Land Acquisition For Development For Public Interest In Tegal Regency ]]>
<![CDATA[Vita Purnamiati]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Sufi Hamdani Kurniawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5068
<![CDATA[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.]]>
