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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
TINJAUAN YURIDIS TENTANG PEMILIKAN RUMAH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA Dhona Anggun Sutrisna; 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.v4i2.1793

Abstract

Investment is the source of funds management activities at the present time with the aim of obtaining maximum profits in the future. In order to improve the country’s economic growth in Indonesia, the government took measures to attract capital from abroad by way of foreign investment. The method used in this research is normative with descriptive analytical research specification, whereas the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the arrangements regarding the ownership of residential home for foregners domiciled in Indonesia is the Law of the Republic of Indonesia Number 5 of 1960 on the Basic Regulation of Agrarian Principles ( BAL ) and the execution of the Indonesian Government Regulation Number 103 of 2015 on Housing Residential Dwelling Or By Stranger that domiciled in Indonesia. Procedures for settling disputes regarding ownership of residential home for foreigners domiciled in Indonesia resolved through litigation and non-litigation.Keywords : Investment, Foreigners, Home Shelter.
PERAN PPAT DALAM PENYERAHAN FASILITAS UMUM DAN FASILITAS SOSIAL OLEH PENGEMBANG PERUMAHAN KEPADA PEMERINTAH KOTA SEMARANG Yunianto Wahyu Sadewa; 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.v4i2.1778

Abstract

Submission of location permit is required in the provision of social facilities and public facilities. Licensing is a unified process in the housing that is from the beginning to the management stage. The research that the author did in the city of Semarang, Central Java province. The research method applied in this research is the sociological juridical approach.The results of this study are: The role of PPAT has not been directly due to the formation of regulations from the central government and in the city of Semarang has not involved PPAT in the formation of Regional Regulations Semarang City. Factors affecting PPAT in the delivery of public facilities (fasum) and social facilities (fasos) to the Government of Semarang City, the pre-transaction stage where the developer must already have all the relevant licensing in the pre-transaction process until after / after the transaction developer must providing all social facilities and social facilities as promised during the first bidding process. Legal consequences with future PPAT role is expected to provide infrastructure and facilities from initial procurement to delivery based on the principles of openness, accountability, legal certainty, written warning. Suggestion from this research is for PPAT should the process of procurement and management of public facility (fasum) and social facility (fasos) is arranged pursuant to agreement of sale and purchase agreement (PPJB), for Government of Fasum and Fasos which have finished development process should be submitted from the developer to Government so that the responsibility for the management of public facilities and fasos is in the government, and for the National Land Agency (BPN), there must be a harmonious relationship between PPAT and the Land Office as an equal partner.Keywords: Role of PPAT, Submission of Social Facility, Semarang City Government
PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Farida Novita Sari; 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.v4i2.1796

Abstract

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary
TINJAUAN YURIDIS KEBATALAN AKTA DAN PERTANGGUNGJAWABAN NOTARIS (Studi Kasus Putusan Perkara Nomor: 10/Pdt.G/2015 PN.Dmk) Ary Yuniastuti; 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.v4i2.1791

Abstract

Research on "Juridical Review of Notice Deed and Notary Accountability (Case Decision Case Study No. 10 / Pdt.G / 2015 PNDmk) aims to know the process of making authentic deeds made before the Notary, the juridical reasons for the occurrence of authentic authenticity deed made by a Notary Public, the responsibility of a notary against the cancellation of the authentic deed already made.In the Decision of the case registers Number 10 / Pdt.G / 2015 / PN.Dmk in the District Court Demak has stated that the notarial deed and PPAT in the event of sale and sale is declared null and void because it does not meet the form of deed as referred to in Article 38 Undang -The Republic of Indonesia Number 2 Year 2014 Concerning Amendment to Law Number 30 Year 2004 Concerning Position of Notary and contrary to Article 1320 of the Civil Code regarding the legal terms of the agreement. Deed which is declared null and void is directly related to the roles and responsibilities of a notary public, is there any relation to the negligence of a notary since in the case of the notarial deed which plays the role of a deed determined by law is notary as an official authorized by law .Keywords: Notary Deed, Reason for Deed of Deed, Liability of Notary.
KAJIAN HUKUM JAMINAN HAK TANGGUNGAN YANG DILELANG TANPA PROSES PERMOHONAN LELANG EKSEKUSI KE KETUA PENGADILAN NEGERI Catur Budi Dianawati; Amin Purnawan
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.v4i2.1755

Abstract

The facts on the field showed that the creditors often conducted public auction without first applying to the Chairman of the District Court, yet directly to the auction office made under article 6 of law number 4 year 1996 about mortgage right upon land and things related to it. The following were the problem formulation of the study; (1) how should the procedure for public auction be made according on the law number 4 year 1996 about mortgage right upon the land and things related to it? (2) Why did the creditors auction the guarantee of the dependent right without experiencing the process of proposing the permit for the auction to the Chairman of the District Court? (3) What would the legal consequences be towards the guarantee of the mortgage right auctioned without the process of getting the permit from the Chairman of the District Court?Method used in this study was adopted from the approach of juridical empirics (empirical legal research). The collected data were processed and verified using descriptive analysis to which it is frequently intended to research for human, condition and other phenomena.Based on the result in this study and the result from discussion about the procedure of public auction towards the guarantee of mortgage rights according to the law Number 4 Year 1996 about mortgage rights upon land and things related to it to which it is arranged in the provision of article 26. It is observed that as long as there is no rules of legislation specifically governs the execution of mortgage rights, the procedure of this execution should comply with hypothec execution as arranged in article 224 in the refurbished Indonesia Regulation (Het Herziene Indonesisch Reglement/HIR). Article 6 of the law Number 4 Year 1996 about mortgage right upon land and things related to it where it gives the right to the creditors holding the first mortgage right to sell the object on his own power, in case, the debtors violates the commitment, became the reasons why they auctioned the guarantee of the right without proposing the permit for the auction to the Chairman of the District Court. The legal consequence towards the guarantee of the mortgage right auctioned without experiencing the process of proposing the permit for the auction to the Chairman of the District Court was null and void. Keywords         : Guarantee of Mortgage Right, Public Auction, Chairman of District Court
PENGGUNAAN SURAT KETERANGAN DOMISILI DALAM PENGATURAN HUKUM KEPEMILIKAN TANAH ABSENTE BERKAITAN DENGAN PRAKTEK JUAL-BELI TANAH DI WILAYAH KANTOR TANAH KABUPATEN GROBOGAN Danang Prasetya Nugraha; 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.v4i2.1784

Abstract

The use of the Certificate of Domicile in the process of sale of Agricultural Land Sale, can be negative in the absence of land ownership of agricultural land whose owner is located outside the subdistrict area of the land where the writer wishes to study more in whether in the implementation of the use of the certificate of domicile has been in accordance with the provisions of its enforcement, so the author formulated some of the first issues in how the use of a certificate of domicile in terms of sale of agricultural land if the buyer is domiciled outside the subdistrict of the purchased agricultural land, the second is how the legal consequence of the use of Domicile Certificate in the absence of sale of agricultural land.In the approach the writer uses is a juridical-empirical approach. the juridical approach is used to analyze the rules related to Domicile Litigation in the legal arrangement of Absente Land Ownership in relation to the practice of sale and purchase at the Land Office of Grobogan Regency, while the empirical approach used to analyze the existing law is seen as the behavior of people patterned on the life of society who always interact and deal with social aspects.In the result of the research on the first problem it can be concluded that in the implementation of sale of agricultural land (absente) by using domicile certificate that is not in accordance with ID card is not allowed in the rule of law which is in effect as opposed to Article 10 of Agrarian Basic Law year 1960, so the use of the certificate of domicile should correspond to the original domicile, and is understood to be the real settlement for settlement, while the second problem can be drawn to the conclusion that the legal consequences in the use of a domicile certificate that does not correspond to the original residence in the case of sale buy agricultural land, making the transfer of the right to the land office becomes ineffective because it does not comply with the administrative requirements of national regulation No. 1 of 2010, as well as transfers of agricultural land purchase rights using non-compliant landlords t the real can be null and void. Keywords: Domicile, Selling, Absentee Certificate
IMPLIKASI ADANYA PEMALSUAN TANDA TANGAN DALAM AKTA JUAL BELI TANAH YANG DILAKUKAN OLEH PPAT Edi Asrofin; 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.v4i2.1779

Abstract

Not a few cases of falsified data that ends in the dispute often surfaced, both in print and electronic media and even non-publicized too much. Maybe in the short term, buyers do not face a lawsuit from another party, but in the long run the buyer will experience a lawsuit from another party who feels the rights to his land. Having a legal defect in a deed may result in the illegality of a later act of law. The problem of this thesis: why can there be counterfeiting of signatures in the deed of sale and purchase of land done by PPAT, how the process of handling the existence of signature falsification in the deed of sale and purchase of land done by PPAT and whether the implication of signature falsification of deed of sale and purchase of land done By PPAT.The method used in this research is sociological juridical, specification of jurisdiction approach of analysis, data used primary data and secondary data. Problems are analyzed with the theory of legal protection and legal certainty.The result of thesis research is known that the factors causing forgery of signatures in the deed of buying and selling of land conducted by PPAT PPAT have falsified the seller's signature in the process of making the Deed of Sale and Purchase, this is because PPAT assume that there has been signature from the seller in Receipt of previous buying and selling transaction so that it does not matter if in the Sale and Purchase Deed of the seller's signature in fake., The process of handling the signature fraud in the deed of sale and purchase of land conducted by PPAT is based on report from the seller who sued because felt the sign of the ladder in Fake in the Deed of Sale and Purchase, then the police conduct an investigation to the PPAT. The implication of counterfeiting the signatures of the land sale and purchase certificate conducted by PPAT may be criminalized, if it can be proven in court and Sanctions that could threaten PPAT which makes the deed inappropriate or indicated by the signature falsification in the document deed which is actually dismissal sanction with disrespect From his post. Keywords: Counterfeiting, Signature, PPAT Batang
AKIBAT HUKUM DARI AKTA JUAL BELI TANAH DIHADAPAN PPAT YANG DIBUAT TIDAK SESUAI DENGAN PROSEDUR PEMBUATAN AKTA PPAT Istanti Istanti; 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.v4i2.1797

Abstract

This research aims to know and analyse which kind of drawing up the land buying-selling certificate categorized as appropriate or not appropriate with the procedures of drawing up a deed by the land certificate issuing officers, and what the legal effect of this procedural distortions is, as stated above.Sociological-empirical research methode which is characterized as descriptive analytic research is applied in this research. Morover, the approach methode applied in this research is empirical juridical qualitative approach with a specification on a prescriptive research. The primary data sources are direct interviews, whereas the secundary data sources are data taken from the primary, secondary and tertiary data. The data collecting is executed by making use of literary studies, interviews and qualitative data analysis.The research findings analyse the buying-selling deed processed in front of the land certificate issuing officers, but which is not executed appropriately in the right procedures. This unprocedural process of drawing up the land deed related to the land buying-selling certificate, is caused by certain situations and conditions of the buying-selling rights executed in front of the officers which are compulsory. Officers are willing to ignore the procedures of drawing a buying-selling certificate as ordered in Government Order No. 37 / 1998 regarding Orders on Officers of Land Certificate Issuing Officer, and Government Order No. 24 / 1997 regarding Land Registration and its executional procedures.Negative effects of the actions done by the land certificate issuing officers who ignore the real procedures, are that, firstly,  the deed can be degraded, and secondly, the officers can be punished to be guilty as a result of their incorrect actions.Keywords : legal effects, deed drawn up by the land certificate issuing officer, buying-selling, procedures.
IMPLEMENTASI PENDAFTARAN SERTIPIKAT HAK MILIK ATAS TANAH DALAM PEMBAGIAN WARIS DAN PERMASALAHANNYA DI KANTOR PERTANAHAN KOTA SEMARANG Musta’in Musta’in; 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.v4i2.1774

Abstract

The relationship between man and the land is so close that the land as a human place to live and continue his life. Land issues are also related to the granting of land rights such as inheritance. Judicially, the acquisition of rights due to inheritance is the acquisition of rights to land and or building by the heirs of the testator, which is applicable after the heirs pass away. Principally, when the heir dies, there has been a transfer of rights from the heirs to the heirs.In the transfer of ownership of the land mentioned above, of course, in making the aktanya different, from some reasons mentioned above, the authors are interested to develop a research with Title: registration certificate of ownership of land in the distribution of inheritance and problems at the Office of Land City of Semarang covering : How is the registration of the land ownership certificate in the division of inheritance in the Land Office of Semarang City, what is the legal effect if the inheritance is not made in the Land Office, and what if there is a heir disputed land dispute is sold but one of the heirs is not Signed a deed of sale and did not provide data. The purpose of the study To analyze and review the registration of land ownership certificates in the distribution of inheritance, to examine and analyze the legal consequences if the land of inheritance divestment is not made in a certificate, and to analyze and assess if there is an inheritance dispute of land which has been certified is sold but one of the heirs is not Signed a deed of sale and did not provide data.The research method used is juridical empirical. The results of this study can be concluded that, the guarantee of legal certainty in the field of land, with the existence of written, complete, and clear legal tools are carried out consistently. In addition, in the face of concrete cases it is also necessary that the registration of land that can provide legal certainty of the land for the right holders to facilitate prove it.Keywords: Registration, certificates, property rights, inheritance.
PENGATURAN DAN PENERAPAN SISTEM PEMBIAYAAN MURABAHAH DI BANK PERKREDITAN RAKYAT SYARIAH Bayu Sendy Pratama; 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.v4i2.1792

Abstract

The most developed sharia bank financing system, because the financing systems is considered the most fair and far from usury/riba if the implementation is done based on the provisions of Islam.Sharia bank in its financing is required to apply sharia principles based on fatwa issued by the institution that having authority in determining fatwa in sharia and also required to conduct feasibility assessment to its costumer so that there is strong belief about willingness and ability of the prospective costumer to receive financing facility.Keywords: Sharia Bank, Murabahah, Justice

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