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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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Search results for , issue "Vol 4, No 2 (2017)" : 26 Documents clear
PERAN NOTARIS DALAM PEMBAGIAN WARISAN KEPADA ANAK HASIL LUAR KAWIN DITINJAU DARI HUKUM HARTA KEKAYAAN DAN PEWARISAN SERTA HUKUM WARIS BARAT Muhammad Sidiq; Akhmad Khisni
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.v4i2.1786

Abstract

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
IMPLEMENTASI KEKUATAN EKSEKUTORIAL TERHADAP HAK TANGGUNGAN DALAM RANGKA PENYELESAIAN KREDIT MACET BERDASARKAN AKTA YANG TELAH DIBUAT OLEH NOTARIS Fadhilah Sundah; Jawade Hafidz
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.v4i2.1799

Abstract

The mortgage right is one of the guarantee institutions in Indonesia that is often used in the provision of credit agreements whose arrangements are regulated in Law No. 4 of 1996 on Mortgage Rights. Against a non-performing loan, the mortgage holds stronger executorial strength compared to other guarantees in general. Registration of mortgages can only be done by the Land Acquisition Authority (PPAT) who has the authority as mandated by law with the establishment of a Deed of Assignment Rights (APHT) and registered by the relevant official to the National Land Agency (BPN) with the terms and times that have been determined as well.The existence of a bad credit is also caused by the debtor who has bad faith in installing the credit and expected a self-know system to know the financial history of debtors to the bank more thoroughly in conducting credit analysis. Keywords: The power of ekskutorial, mortgage rights.
NETRALITAS NOTARIS SEBAGAI ANGGOTA LEGISLATIF: Studi Tentang Peran Notaris Cuti Sebagai Anggota Legislatif Terhadap Notaris Pengganti Terhadap Akta-akta Yang Dibuatnya Nur Cahyaningsih; Akhmad Khisni
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.v4i2.1781

Abstract

The Regional People's Legislative Assembly, hereinafter referred to as the Regional People's Legislative Assembly (DPRD), is a representative institution of the regional people as an element of local government administration Legally and politically the DPRD has a strategic position in implementing development policies in the regions. The magnitude of the roles, functions and authorities of the legislature invites many elements of society to enter as members of the council, notary positions and many Land Acquisition Authorities who are left behind to follow the legislative election procession. As a first step, a notary and enter into the party membership, and follow all the procedures of scaling, to then be elected by the community to become members of the council. Notaries in exercising their right to sit on behalf of the community as members of the Council, also regulated in Law No. 7 of 2017 on General Elections, are said to have made a statement willing not to practice as notaries and officials of the land deed (hereinafter referred to as PPAT). From this it can lead to issues of provisions contained in Articles 3 and 17, namely dual positions. This study aims to determine the relationship of notary to leave with a substitute notary in the perspective of Law Number 30 Year 2004 regarding Position Notary. Article explaining, among other things, article 33, on this matter Notary, a Notary substitute has the same authority related to the making of authentic deeds made. The research approach used is normative juridical, which will be qualitatively analyzed normative against secondary data. The theory used by the author is the theory of authority, theory of responsibility and theoretical justice. If you look at the explanation and analyze from the articles of article regarding the Notary Substitute, the Article which explains, among others, article 33, regarding this Notary, the Notary substitute has the same authority regarding the making of authentic deeds made. The authority of notary and substitute notary is based on Article 15 of Law Number 2 Year 2014 concerning Notary Position. The authority of a substitute notary commences from the grant of a notary protocol until the expiry of the appointment period based on the decision of the Notary Supervisory Board. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. The solution is to reinforce the terms of nomination of legeslative members, not just to not practice (leave) but with the resignation as a notary or PPAT and release all attributes (nameplate, practice office, and so on).Keywords: Notary, Authority, Conflict of Interest, Legislative Member
PELAKSANAAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN (SKMHT) DI KOTA PEKALONGAN Dian Cahyo Wibowo; 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.v4i2.1794

Abstract

The Power of Attorney Charging the Guarantee Right (SKMHT) in Article 15 of Law Number 4 Year 1996 concerning Land and Property Rights related to Land (UUHT) is stipulated as a condition to be immediately followed up by the making of Certificate of Granting of Mortgage Right APHT).This study uses descriptive analytical properties with aspects of the Empirical Juridical approach and field research (observation) only as supporting data. The location of this study was conducted in Pekalongan City. The population of this study amounted to 50 (fifty) SKMHT made by 4 people Notary / PPAT respondents in May - November 2014. Of the entire population are all sampled.To collect primary data / main data is done by using field research using interview technique, whereas to informant is done by giving questionnaire and interviewing them related to SKMHT implementation in crediting by creditors. To obtain secondary data / additional data is done literature on books, laws, and important documents related to this research. The data obtained were analyzed and then grouped the data according to their qualification, then described with qualitative analysis approach.The result of this thesis research shows the process of Implementation of SKMHT in credit scheme made by Notary / PPAT has been in accordance with the regulation. In the process of using SKMHT in this credit agreement is made with the stage that is before and at the time after the credit agreement agreement and the second stage merupkan SKMHT installation to the land office. The inhibiting factors in the use of SKMHT arise during the binding process into APHT and APHT registration stages. The inhibiting factors in the implementation process of SKMHT into APHT form are costly and short term. In overcoming these obstacles, efforts are made by renewing SKMHT which has expired in accordance with legislation and follow up SKMHT become APHT.Keywords: Power of Attorney Charges Deposit Rights
PERAN NOTARIS DALAM AKTA PENGIKATAN GADAI AKIBAT HUKUM WANPRESTASI TERHADAP AKTA PENGIKATAN GADAI DI PT. PEGADAIAN (Persero) DALAM PERSPEKTIF TUJUAN HUKUM Purwanto Purwanto; Sukarmi Sukarmi
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.v4i2.1776

Abstract

This study aims to determine and analyze the role of notary in the process of making pawn bonding deeds in PT. Pegadaian (Persero); knowing and analyzing the consequences of legal wanprestasi against pawn bonding deed in PT. Pegadaian (Persero) in the perspective of law objectives, as well as to describe the solution in overcoming the debtor's default.The method used in this study is the method of normative juridical approach that emphasizes the decomposition and interpretation of data associated with the rules of law or doctrines namely the Book of Civil Law, Government Regulation No. 103 of 2000 on the Public Corporation Pawnshops.The result of this research is that 1) The role of notary in binding process of guarantee of pawn with fidusia notary system does not come into play directly but the product produced by a notary is indispensable, so that later can be used as document to anticipate things unwanted by the parties, by first entering into the mortgage agreement as the principal agreement while the bond agreement binding agreement with the fiduciary system in PT. Pegadaian (Perero) is merely an accesoir agreement of the principal agreement of credit agreement. After the signing of the credit agreement, it is followed by the signing of the guarantee bailing and the delivery of collateral from the debtor to the creditor. However, in the pawn bond agreement with the fiduciary system, the guarantee goods remain controlled by the debtor to be treated, stored and used as well as possible while PT. Pegadaian (Persero) as the creditor only keeps Proof of Ownership of Motor Vehicle owned by debtor, 2) Effect of law of wanprestasi in agreement of pawn binding through fiduciary system in perspective of law objective at PT. Pegadaian (Persero) is that the juridical object of mortgage guarantees is in the power of creditors but because it uses fiduciary system then PT. Pegadaian (Persero) allows the debtor to control the guarantee items to be treated, stored and used, but if the debtor wanpretasi then the PT. Pegadaian (Persero) may confiscate collateral goods from the debtor party but by first sending a warning or a reprimand letter with the criteria approved in the previous credit agreement and 3) Solution to overcome the debtor wanprestasi in pawn bond agreement in fiduciary system at PT. Pegadaian (Persero) then it can be done by checking and visiting the debtor's home to know the condition of the collateral whether it is still in place of the debtor or has been transferred to another party also to know the condition of the last assurance whether it is still as usual or there has been a physical change, which resulting in the selling price down and so forth.Keywords: Notary Role, Default, Deed of Pawn License
AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN Roeri Andriana; Munsyarif Abdul Chalim
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.v4i2.1787

Abstract

Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The making of an authentic deed is required by law and regulation in order to create certainty, order and legal protection. In addition, the authentic deeds made by or before the notary are not only required by legislation, but also because it is desired by the parties concerned to ensure the rights and obligations of the parties. Notary became one of the general officials who provide services in the form of archiving files that have been done by the parties. What is meant by filing is to bind any legal acts committed by the parties in the notary's office. To achieve the objectives used legal juridical Normative research is the study of the law that focuses on the study of documents or bibliography, but to complement the data obtained from the study of documents or library then conducted field research, ie from the sources. Data analysis used is qualitative data analysis. Notary pursuant to Article 1 paragraph 1 of Law number 2 of 2014 concerning Position, Notary is a public official authorized to make authentic deeds and other authorities as referred to in this law. And still in Article 1 paragraph 13 UUJN (Position Notice Act) Protocol is a collection of documents that are archives of the state that should be kept and maintained by a notary. From the result of research and discussion it is concluded that rejecting protocol from other notary is not justified, because every notary must accept protocol from other notary it is stated in Notary Appointment Letter. Notary holder of the protocol shall only be responsible for securing state documents, submitting minas deed if necessary, in case of responsible criminal acts shall remain the notary making. It is stipulated in the Notary Office Law Article 65 that a notary, a substitute notary, a notary public official is responsible for every deed he has made even though the notary protocol has been transferred or transferred to the notary notary of the notary protocol. The rejection of the notary protocol is not an unlawful act, the unlawful act that exists in the notary profession is anything that is concerned with the product made by a notary (authentic deed). The supervision of a notary is conducted by the Minister by appointing the MPD (Regional Supervisory Council) in the case of notary protocol is the regional supervisory board to conduct reprentative and reprefentative supervision to impose administrative sanctions in the form of oral reprimands, written warning, dismissal, dismissal with respect and disrespect dismissal. Administrative sanctions are provided based on investigation team results, so MPW may impose sanctions on the notary who rejects the protocol.Keywords: Notary Public, Notary Protocol, Notary Supervisory Board.
KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN Rizqi Iman Aulia Luqmanul Hakim; Maryanto Maryanto
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.v4i2.1785

Abstract

The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective
PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb) KERI SANTOSA; Lathifah Hanim
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.v4i2.1780

Abstract

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building
KAJIAN HUKUM KEHARUSAN BAGI NOTARIS DAN PPAT YANG MERANGKAP JABATAN BERKEDUDUKAN DALAM SATU DAERAH ATAU WILAYAH KERJA Raden Hamengku Aji Dewondaru; Umar Ma’ruf
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.v4i2.1798

Abstract

View the establishment of notary formation and PPAT that have been set Based on their respective authorities, it appears that a notary can Concurrent PPAT as long as in one working area within the territory of office Notary Public. This is the author's interest to study about duplicate Position, because it does not close the possibility will happen Dual positions between Notary and PPAT which not one office but still One area of notary public. So this discourse needs to be studied in order to be able Known the possible impact that will appear.The formulation of the problem in this research are: 1.) Why are there any provisions that require notary work area / region and PPAT in one area / work area? 2.) What are the consequences or sanctions faced by a notary who holds PPAT if it is not domiciled in one territory / Working Area and 3.) What is the action done by the Honorary Assembly if the notary concurrent with PPAT is not domiciled in the same work area. The method used in this research is the normative juridical approach, the type of normative legal research. The source of the data is the secondary data. Technique of collecting data with bibliography, method of analysis by using method of qualitative data analysis. Problems are analyzed with the theory of benefit and the theory of justiceBased on the result of this research, it can be concluded 1.) Reason requiring Regional / Working Areas of Notary and PPAT in One Region / Working Area is in accordance with the Law on Notary Position and Government Regulation Number 37 Year 1998 About PPAT Regulation. 2.) Result or sanction faced by a Notary who concurrently PPAT if not domiciled in one region / work area. Legal effect to Notary Deed, the deed is null and void or can be canceled. Notary deed may be canceled because if there is a lawsuit from the parties mentioned in the deed to cancel notary deed and Legal Effect on Notary's Office. 3.) Acts Conducted by Honorary Council If Notary Accepting PPAT Not Domiciled In The Same Working Area gives warning and witness or revocation of permit. Keywords: Multiple Position, Region / Working Area, Notary and PPAT
PEMBUKTIAN KEKUATAN AKTA DI BAWAH TANGAN YANG DILEGALISASI OLEH NOTARIS Ivanovich Suaedi; Munsyarif Abdul Chalim
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.v4i2.1775

Abstract

The verification of the power of a deed under the law legalized by a Notary who is responsible for the truth of the deed under his or her legalization is about the certainty of the signature that it is certain that the signature is indeed a party to the agreement, not someone else. The responsibility of a Notary in a Notary Law (UUJN) is explicitly mentioned in article 65 of the UUJN stating that a Notary replacement, a Notary of a Successor and a Notary Officer is responsible for each deed he has made, even though the notary protocol has been transferred or transferred to the depositary protocol. Accordingly, in the proof of a notarial deed by a notary publicly legalized by the notary does not have the perfect hill strength as it lies in the signature of the parties which, if acknowledged, is one of the most complete evidence.The method of approach used in this study is normative juridical research on the text of law alone, but involves the ability of scientific analysis of legal materials with the support of understanding the legal theory. Sources and Types of Data are based on primary legal material that is derived from the applicable Book of Law and secondary law materials consisting of reference books and Journals and scientific papers, research results relating to research materials.From the result of the research, it can be concluded that the power of deeds dehumanized by the Notary will be perfectly verified if the parties want and recognize the signature of the deed under the agreement which has been legalized by the Notary.Keywords: Legalization, Deed, Notary

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