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Jurnal Akta
Published by Universitas Islam Sultan Agung
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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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Articles 8 Documents
 1 
Search results for , issue "Vol 10, No 3 (2023): September 2023" : 8 Documents clear
One Solution of Digitizing Land Services to Prevent Land Mafia in Nigeria Olatunji Austine Kehinde
Jurnal Akta Vol 10, No 3 (2023): September 2023
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.v10i2.33327

Abstract

This research aims to analyze the solution of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Nigeria, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
The Handling of Credit Problems in Bank Financial Restruction Kaukazu Shimura
Jurnal Akta Vol 10, No 3 (2023): September 2023
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.v10i2.33328

Abstract

The effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
The Roya HT-EL on Debt Repayment by Third Parties Nurfaidah Said; Marwah Marwah; Sri Wahyuni Yusuf
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32247

Abstract

This study examines the implementation of HT-El Roya as it pertains to the debt repayment of debtors using funds from third parties. This study is an empirical investigation. Purposive sampling was used to determine the sample size, and Technic data was gathered through interviews and analyzed using qualitative methods. According to government regulation No. 5 of 2020 concerning Electronic Dependent Rights Services, the application for HT-El companies conducted after the debtor pays off the debt to creditors can only be submitted through a BPN partner account that belongs to the creditor. With the debtor's obligation satisfied, the application for a dependent right must be submitted immediately in accordance with the most recent land registration principles. To keep the data at the Land Office up-to-date and in accordance with current circumstances, current land registration principles are required. This is intended to prevent future disputes. Roya liability may also be established for a portion of the collateralized debt, which is known as partial Roya. According to the provisions of Article 18 paragraph 1 of the Agrarian Regulation Number 5 of 2020, creditors are required to immediately register the removal of dependent rights upon payment of the receivables. Immediately in the article does not guarantee when the creditor will submit an application for Roya to the Land Office, despite the fact that the debtor has repaid the debt. In this instance, Roya HT-El depends on the creditor's willingness to submit a request for Roya to the Land Office. If funds from Third Parties are used in the repayment process and the old Creditor Party has not submitted a Roya request to the Land Office, the legal position of the new creditor will be affected. The authority to submit requests for HT-El Roya supposedly extends beyond creditors. Given that third parties can facilitate the credit repayment process, which in this context is known as credit takeover or subrogation.
The Evaluation of Notary Studies Globally: Bibliometric Analysis Satrio Abdillah
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32749

Abstract

This study aims to investigate research trends on notarial topics in published documents globally, including identifying the position of Indonesian research in this context and issues that require further exploration in this discipline. This research method involves collecting data on notary publications from various indexed journal sources in the Scopus database. Scopus was chosen because it is a popular and trusted indexer. This data was then analyzed bibliometrically to identify trends in the number of publications, the most prolific authors, and documents frequently cited in the notary field, including the research topics discussed. In addition, the position of Indonesian research in international databases is also evaluated. The research findings show that notarization is an important and fast-growing field in the global legal system. Notarial publications have steadily increased in recent years, reflecting the growing interest in the discipline globally. This research also reveals that Indonesia has contributed many publications in notary affairs, but there is still potential for further development. Topics such as digital notarization and smart contracts stand out as areas that require further exploration. This indicates the importance of adapting to technological developments and changes in legal practice. Thus, this research provides a deeper understanding of the urgency and position of the notary in navigating an increasingly complex and globally connected legal era.
Juridical Analysis of Therapeutic Transactions as A Form of Agreement Between Doctors and Patients Fitra Deni; Nelly Esterlina; Fikri Miftakhul Akbar
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32467

Abstract

The problems in therapeutic transaction still happen frequently between doctors and the patients in hospitals, because the agreement is considered as outcome agreement, not effort. Patients expect recovery after entrusting the treatment to doctors, while doctors understand their responsibility is to give the best treatment to the patients with his knowledge and the standard operational procedure, hence, recovery is not their responsibility. Generally, doctors often overcome such problems. As a result, society considers doctors untouchables. In this paper, the issue raised in the case of decision Number 1315 / K / PDT / 2019 is whether the therapeutic agreement can provide protection to patients and how the judge considers in cases of acts against the law on the therapeutic agreement. Using normative law research method, this study concludes that therapeutic agreement cannot protect patients without agreement about recovery or result, but about the right effort to heal patients. The result show a therapeutic agreement cannot provide legal protection if it refers to the object of the patient's recovery rather than appropriate efforts for the patient's recovery because the therapeutic agreement has special characteristics and features.
The Legal Consequences for Victims in Illegal Online Loan Agreements Kasmanto Rinaldi
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32761

Abstract

Technological developments touch the financial sector to produce a new innovative product called illegal online loans. Behind the convenience and practicality of illegal online loans, there are negative impacts that arise. The large growth of illegal online loans in Indonesia makes this a serious problem. The reason is because illegal online loans cause losses to victims and commit crimes in their operations. Illegal online loans have no legality in operation. So this creates new legal consequences in this matter. The purpose of this research is to look at the legal consequences of illegal online loan agreements. The method used in this research is a qualitative research method. The results of this study are that illegal online loans do not fulfill the legal terms of the agreement in accordance with the provisions contained in article 1320 of the Civil Code. So the agreement is considered invalid and never existed. However, victims of illegal online loans still have the obligation to pay their debts to illegal online lenders as a form of responsibility.
The Legal Protection of Fiduciary Guarantee Recipients & Resolution of Tort Disputes in the Fiduciary Guarantee Agreement at PT Astrido Pacific Finance Indah Pratiwi Widyaningrum
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i3.34104

Abstract

This research aims to examine the legal protection mechanism for recipients of fiduciary guarantees, such as PT Astrido Pacific Finance, in their business practices and to analyze the mechanism for resolving default disputes that can arise in fiduciary guarantee agreements. This research uses normative juridical research methods with a descriptive approach. The data used is secondary data consisting of primary and secondary legal materials. The results of this research show the importance of clarity in laws and regulations related to fiduciary guarantees to provide strong legal protection for recipients of fiduciary guarantees. In addition, a good understanding of the mechanism for resolving default disputes is needed to maintain stability and fairness in fiduciary transactions. It is hoped that the results of this research will provide guidance for PT Astrido Pacific Finance and contribute to the development of legal science in Indonesia.
The Experience of Political Office as a Reason for Proficiency Khalid Khalid
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i3.33881

Abstract

President or Vice President and under the age of 40, they must have experience in serving as an elected official through elections, such as members of the DPR, DPD members, DPRD members, Governors, Regents, or Mayors. However, this rule does not apply to directly appointed officials, such as acting or acting officials. Candidates who fall under the category of appointed officials can run for President or Vice President after reaching the age of 40. The existing secondary data collected was also analyzed using the inductive method. Subtilitas intellegendi or the accuracy of understanding and accuracy of explanation of the problem (subtilitas explicandi) of the problem is very relevant to resolving legal issues in this study. In running for a regional head position, it is important to demonstrate maturity and integrity. Focus on experience, a deep understanding of local issues, and concrete plans to move the region forward. Avoid provocative rhetoric and ensure your communications reflect professionalism and responsibility. Capacity to act and authority to act both relate to the event of taking legal action. Legal action is an everyday event, in social life establishing relationships with other members of society.  Because legal actions are everyday actions carried out by humans, it is necessary to regulate the capacity and authority to act.

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