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[The Position of Joint Assets Regarding the Existence of Marriage Agreements That Are Not Registered with the Dukcapil ]]>
<![CDATA[Chaerunnisa, Chantiqa Dwi Ayudhia]]>;
<![CDATA[Hartati, Endah]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.37136
<![CDATA[This research aims to analyze the position of joint assets in the presence of a marriage agreement that is not registered with Dukcapil after divorce based on the Marriage Law Number 1 of 1974 and the circular letter of the Ministry of Home Affairs Number 472.2/5876/DUKCAPIL in the case of decision number 2772/Pdt. G/PA CBN, namely the contents of the marriage agreement, regulates the separation of movable and immovable assets. However, the judge in his decision did not grant the request of the party who had movable assets in the marriage. This type of research is normative juridical research originating from literature studies. Regarding the results of this research analysis, namely that a marriage agreement that has never been registered with a marriage registrar cannot apply to third parties regarding the division of marital assets with a marriage agreement but remains valid between both parties. As a result, assets obtained during the marriage period are not mixed into joint assets and become the assets of each husband and wife which were acquired during the marriage. Based on the analysis that has been carried out, it is recommended that the government strengthen Article 29 paragraph 1 of the Marriage Law to state that a marriage agreement must be made in the form of a notarial deed and followed by registration with a marriage registrar so as not to raise doubts about the validity of the marriage agreement that has been made.]]>
<![CDATA[The Administrative Law Problems in Recording Marriage Which No Recorded in The Family Card (KK) ]]>
<![CDATA[Moh Taufik]]>;
<![CDATA[Najmudin Najmudin]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.36631
<![CDATA[This research aims to know how regulations recording marital status with no recorded in family card at the Population & Registration Service Civil Office & Problems law what will appear related policy recording marital status No recorded in Family card Service Population & Recording Civil especially in Sudur from the point of view of State Administrative Law. This study use literature approach and juridical normative, with use draft marriage & compatibility between Law of Marriage & Regulation Minister In Country. As material study is primary & secondary materials as well as source person in study This is Office Ministry Religion & Population & Registration Service Civil. Writing marital status with no recorded as effort for ensure order law as instrument certainty law through proof marriage contradictory with obligation recording the marriage arranged in Law No. 1 of 1974 about Marriage. Need exists umbrella parallel law in sequence legislation in Indonesia, so policy This not legally biased in a way state Administration.]]>
<![CDATA[Independence of the General Election Commission and Election Supervisory Board for Democratic Elections ]]>
<![CDATA[Ridwan Syaidi]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.36375
<![CDATA[The Constitution explicitly states that to achieve the national ideals and objectives, General Elections need to be held to elect members of the People's Representative Council, members of the Regional Representative Council, the President and Vice President, and to elect members of the Regional People's Representative Council, as a means of realizing the sovereignty of the people and producing representatives of the people and a democratic state government based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The organizers of elections, as regulated in Law Number 7 of 2017 concerning General Elections, are stated to be the Election Commission, the Election Supervisory Body, and the Council of Election Organizer Honor as a unified function of Election Organization. Doubts about the independence of the general election commission continue to be questioned by parties who dislike the results obtained; political narratives and cheating issues are always attached to the general election commission. The purpose of this study is to determine the role of the General Election Commission as the organizer of elections in creating a Just and Fair Election (Direct, Free, and Secret). And how the role of the Election Supervisory Board in carrying out Supervision and Implementation of laws. This study uses a descriptive quantitative approach, where data is based on survey results, document reviews, and observations. The results showed that the competence and independence of the General Election Organizers significantly influence the success of the election stages.]]>
<![CDATA[Strengthening the Indonesian Notaries’ Authority in Legalizing Apostille Documents ]]>
<![CDATA[Ali Abdullah]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.34979
<![CDATA[As public officials, notaries are given the authority to make authentic deeds and legalize documents signed in the presence of a notary. The Minister of Law and Human Rights Regulation, No. 6 of 2022 Article 2, Paragraph 3, Letter d states that one of the recognized convention state documents is a document issued by a notary. The research applied a normative juridical method. This research links the authority of notaries as public officials in the Apostille legalization service process following the enactment of the Apostille Convention in Indonesia in October 2021. The study reveals the government policy of legalizing Apostille documents by notaries. The results show that notaries, as public officials, have the authority to carry out legalization. Still, after the Apostille Convention enactment, the law regulates explicitly Apostille. Still, it does not explain the legalization process by a notary to obtain an apostille certificate. Hence, the study concludes that no regulation regarding the legalizing of apostille documents by a notary brings implications for the notary’s role in obtaining legal protection and certainty.]]>
<![CDATA[The Falsification of Land Sale and Purchase Deed Date by Land Deed Making Officer in Yogyakarta ]]>
<![CDATA[Damayanti, Salsabila Prajna]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.36640
<![CDATA[This research describes the responsibility of the Land Deed Making Officer (PPAT) and the legal protection for the parties for the forgery of the sale and purchase deed made by PPAT by postponing the date of the deed. The forgery is done to make it appear as if it does not require a court order and the approval of the guardian. In the execution of the deed, there is interference from the buyer who has bad faith by forcing the seller to sign the deed of sale and purchase first before the payment is fully paid. The type of research used is Doctrinal. The result of the analysis of this research is that PPATs who are negligent in carrying out their obligations in making deeds resulting in losses for the parties can be subject to civil suits for losses as legal protection for the parties whose names are listed in the deed. In addition, PPAT is also subject to criminal sanctions for violations of Article 263 of the Criminal Code and administrative sanctions regulated in Article 13 paragraph (1) Permen ATR/KBPN Number 2 of 2018, Article 39 paragraph (1) letter c of PP 24/1997, and Article 3 of the IPPAT Code of Ethics.]]>
<![CDATA[Application of The Ultimum Remedium Principle in Tax Criminal Actions: A Juridical Study ]]>
<![CDATA[Hendri Hendri]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.37130
<![CDATA[This research aims to analyze the application of the ultimum remedium principle in tax criminal actions in Indonesia. The ultimum remedium principle is a legal principle that states that criminal punishment is the last resort in law enforcement. This principle is relevant in the context of tax offenses because the main purpose of tax law is to increase tax compliance and collect state revenue, not to punish taxpayers. This research employs a normative research method with a doctrinal legal approach. Research data is obtained from a study of literature and regulations related to tax offenses. The research findings indicate that the ultimum remedium principle has been implemented in Indonesian tax criminal law. This is evident from the provisions regulating administrative sanctions and criminal tax sanctions. Administrative sanctions are lighter than criminal sanctions and must be applied first before criminal sanctions can be imposed. This research also shows that several factors can influence the application of the ultimum remedium principle in tax offenses. These factors include the seriousness of the tax offense, the taxpayer's malicious intent, and the deterrent effect that is desired.]]>
<![CDATA[The Legal Cancellation Consequences of A Notarial Deed Due to The Elements Existence of Unlawful Acts (Case Study of Supreme Court Ruling Number 20 PK/PID/2020) ]]>
<![CDATA[Andriani, Ayu]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.38479
<![CDATA[As a public official, a Notary has the task of making deeds. The deed is an authentic piece of evidence to prove that a legal action has occurred between the two parties. Every authentic deed made by a Notary creates legal certainty. Therefore, notaries are required to always be careful and thorough in carrying out their official duties. However, in practice, in carrying out their duties, quite a few Notaries experience problems related to the deeds they make. Like the case that occurred in Supreme Court Decision Number 20 Pk/Pid/2020. Where the Notary is proven to have committed an unlawful act in making the deed and this results in the deed being invalidated. The cancellation of the notarial deed will result in the agreement between the two parties being no longer binding and all processes of transferring rights based on the deed becoming invalid and deemed to have never occurred. For this reason, it is hoped that notaries will always apply the principle of prudence, uphold dignity and professional code of ethics so that they remain wise in carrying out their official duties without harming any party.]]>
<![CDATA[Mining Business Permit (IUP) Regulations & Policies That Provide Legal Certainty and Ease of Investing in the Mining Sector in Indonesia ]]>
<![CDATA[Wahyudi Siswanto]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.36577
<![CDATA[The promulgation of Law Number 23 of 2014 concerning Regional Government, revoked the authority of City/Regency Regional Governments in granting Mining Business Permits (IUP) and henceforth this authority was given by the Central Government to Provincial Governments. However, in practice, the implementation of this policy is still faced with many obstacles, including a lot of overlap in the granting of IUPs before the new policy was adopted. Therefore, it is important to offer a policy model for granting IUPs that provides more legal certainty and makes it easier to invest in the mining sector in Indonesia.]]>
<![CDATA[The Legal Protection of Homeworkers in The Perspective of Labor Copyright Law & Its Implementing Regulations ]]>
<![CDATA[Nuradi, Nuradi]]>;
<![CDATA[Wijaya, Mustika Mega]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.37968
<![CDATA[Law No. 6 of 2023 was recently enacted in the hope of creating wider employment opportunities amidst intense global competition and the demands of economic globalization. The law regulates various aspects that aim to facilitate job creation through ease, protection, and empowerment for cooperatives and micro, small, and medium enterprises. In addition, the law also focuses on improving the investment ecosystem and accelerating the implementation of national strategic projects, and aims to improve the protection and welfare of home-based workers. For this reason, despite all the pros and cons of the issuance of Law Number 6 Year 2023 and its implementing regulations, it is recommended that the Government issue a regulation that specifically provides legal protection to homeworkers. The formulation and implementation of such a regulation should include the introduction and understanding of homeworkers as formal workers as well as informal workers; the policy direction of empowering homeworkers; the expansion of social protection for homeworkers; the development of homeworking and homeworkers as potential actors of micro and small businesses; and promoting the importance of gender equality and non-discrimination in the industrial relations between homeworkers and the parties. This research uses a normative juridical analysis approach. The results of this study found that in this context, the introduction, protection and empowerment of homeworkers and the development of homeworking can be one of the job creation strategies based on the real potential of the community economy that has been growing for a long time along with the development of an increasingly educated, advanced and innovative society.]]>
<![CDATA[The Strategic Role of Fatwa DSN-MUI in the Development of Islamic Banking in Indonesia: An Analysis of Banking Regulations and Products Based on the Provisions of Islamic Law ]]>
<![CDATA[Zikra, Alfiandi]]>;
<![CDATA[Nasution, Muhammad Syukri Albani]]>;
<![CDATA[Siregar, Ramadhan Syahmedi]]>
<![CDATA[ JURNAL AKTA Vol 11, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v11i2.36187
<![CDATA[This journal discusses the role of the Indonesian Ulema Council (MUI) and the birth of Bank Muamalat Indonesia (BMI) as the first step in the establishment of Islamic banks in Indonesia. Bank Muamalat became a pioneer, followed by other Islamic banks. The focus is on the DSN-MUI fatwa which has a strategic role in shaping Islamic banking regulations and products, especially related to the collection and distribution of funds. This research uses descriptive qualitative methods with secondary data from related journals and books. The DSN-MUI fatwa is an important guideline for Islamic financial institutions in Indonesia. The analysis reveals that DSN-MUI plays a central role in dealing with the problems of Islamic banking practices. The research presents the background of the birth of DSN-MUI, the method of fatwa determination, and various fatwa products covering banking products, capital markets, Islamic insurance, export/import, and others. There are 116 fatwas that help form the legal basis of Islamic banking in Indonesia. This study underlines the importance of synchronization between fatwa as theory and practice in the field, especially in the collection and distribution of Islamic banking funds.]]>
