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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 26 Documents
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Search results for , issue "Vol 4, No 3 (2017)" : 26 Documents clear
MAKNA PENYULUHAN HUKUM SEHUBUNGAN DENGAN PEMBUATAN AKTA OLEH NOTARIS DI KABUPATEN KENDAL Muhammad Ali Alala Mafing; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 3 (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.v4i3.1812

Abstract

This research will discuss a problem of notary in interpreting Legal Counceling connect to the Deed Creation by Notary in Kendal Regency (Article 15 paragraph 2 letter e of Act Number 2 of 2014 concerning Notary Position) including where the Notary is not performing properly the authority contained in the law of Deed making.This research uses method of yuridic sociologic. The technique of data collecting is conducted with library research including primary and secondary data. The result shows that: (1) notary only provide a counceling to client and do not provide legal counceling thoroughly to the public (2) the extention material provided is limited about the making of deed when client comes. (3) notary only use the article pasively. It means that if the client does not come then the notary does not provide legal counceling.The conclusion is Notary should interprets the article and implements it activelydeal with its authority in giving legal counceling. So the purpose of the constitution is done well.Keywords : notary, legal counceling, the deed
PRINSIP KEHATI-HATIAN BAGI NOTARIS/PPAT DALAM MENJALANKAN TUPOKSINYA DALAM UPAYA PENCEGAHAN KRIMINALISASI BERDASARKAN KODE ETIK Denny Saputra; Sri Endah Wahyuningsih
Jurnal Akta Vol 4, No 3 (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.v4i3.1807

Abstract

This study aims to determine 1) how the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on Code of Conduct, 2) What factors become obstacles for Notary / PPAT in carrying out its position and 3) What if Notary / PPAT is subject to Code violation until criminalization occurs The problem approach used is the normative juridical approach.The result of this research is that the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on code of ethics that a Notary must always implement the principle of prudence as an effort to prevent criminalization based on code of ethics related to responsibility both civil, Administration, code of ethics of notary and criminal law, then the factors that become obstacle for Notary / PPAT in carrying out their position related to the principle of prudence is the information given by the parties that facing may not be in accordance with the actual and Notary / PPAT in running His duties and positions are subservient to the NOtaris Office Law. Therefore, if a Notary commits an offense in performing his duties and positions, until the criminalization of Notary is threatened with sanctions as stated in UUJN. Sanctions against a Notary are categorized into 2 (two), namely civil sanction in the form of reimbursement of costs, compensation, and interest is the result that will be received by Notary on the demands of the tapers if the deed concerned only has the power of proof as deed under the hand or deed becomes null for the sake of law. Notary also still have to face the threat of sanction in the form of ethical sanction if Notary do violation to code of ethic of Notary, and even can be sentenced to criminal sanction in case of criminal violationKeywords: Notary, Prudential Principle
ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla) Muslim Ansori; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (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.v4i3.1823

Abstract

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,
PELAKSANAAN PERATURAN WALIKOTA PEKALONGAN NOMOR 35 TAHUN 2010 TENTANG SISTEM DAN PROSEDUR PEMUNGUTAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SERTA PERMASALAHANNYA DI KOTA PEKALONGAN Ikayanti Ikayanti; Jawade Hafidz
Jurnal Akta Vol 4, No 3 (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.v4i3.1802

Abstract

One of the taxes levied by the district/city government is the right to land and buildings (BPHTB). Implementation in Pekalongan City based on Pekalongan Perwal No. 35 of 2010. As done in the implementation of Pekalongan Perwal No. 35 of 2010 in processed is a mandatory dishonesty, so that checks the location of objects subject to BPHTB and for taxpayers can not be given and adjusted with compulsory conditions tax.Keywords : Mayor Regulation and Customs Acquisition of Land and Building Rights
PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL Yanuar Dwiyan Putra; Sri Endah Wahyuningsih
Jurnal Akta Vol 4, No 3 (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.v4i3.1818

Abstract

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public
PERAN NOTARIS DAN PPAT DALAM MENCEGAH TERJADINYA PENYALAHGUNAAN KUASA JUAL UNTUK PENGHINDARAN PAJAK Yuliana Zamrotul Khusna; Lathifah Hanim
Jurnal Akta Vol 4, No 3 (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.v4i3.1813

Abstract

Research on "The Role of Notary and PPAT in Preventing the Occurrence of Function of Selling Authority for Tax Evasion" aims to know what can be done Notary and PPAT in facing the problem of tax evasion often done by society by using power of sale.The results of this study can be concluded, that the first power sales serve as the basis for land transactions and / or building that has the potential to be abused to avoid the obligation to pay taxes. Secondly, every transaction on acquisition of land and / or buildings subject to income tax (VAT) and Customs Acquisition Rights to Land and Buildings (BPHTB), efforts to tax evasion in land transactions, particularly the Income Tax (VAT) and Customs Acquisition Rights to Land and building (BPHTB) by making a Power of Sale before a Notary.The author suggests the need for awareness of the importance of tax is expected with a high public awareness, it will minimize tax evasion, the efforts made by the Government party c.q. National Land Agency should be emphasized related to the certainty the existence of the deed of power sold in the manufacture of Sale and Purchase Agreements relied upon registration of transfer of rights over land because factually legal acts often occur in the community, but normatively has not been set definitively linked the lawfulness of the manufacture of the power to sell in order to avoid circumvention of the Income Tax and BPHTB.Keywords: Tre Role of Notary and PPAT, Sell Counsel, Tax
PERMOHONAN HAK MILIK YANG BERASAL DARI TANAH NEGARA DI KANTOR PERTANAHAN KOTA SEMARANG Ilham Ilham; Djauhari Djauhari
Jurnal Akta Vol 4, No 3 (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.v4i3.1808

Abstract

The basic foundation for the government and the people of Indonesia to formulate the politics of law and the policy of land affairs has been contained in the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) which "earth, water and natural resources contained therein are controlled by the state and Used for the greatest prosperity of the people ". The problems in this research are: 1) Why is the request of Hak Milik coming from state land need a very long time? 2) What is the procedure or procedure of certifying Land Ownership from the State in Land Office of Semarang City? 3) What are the obstacles that arise in the process of granting Land title certificate that has been given by the state in the Land Office of Semarang City and how is the solution of the barriers?The approach method used in this research is sosiologis juridical approach method using qualitative descriptive data analysis method.The results of the research show as follows: 1) The application of the right to property derived from state land takes a very long time, In the petition contains information about the applicant, the description of his land which includes juridical data and physical data and other information in the form of information about the number of fields, And the status of the land owned by the applicant including the requested plot of land and any other information deemed necessary. 2) Procedures or procedures for granting land title certificate originating from the state in the Land Office of Semarang City, Rights Application, Applicant of land title certificate shall be divided into 4 categories: Right Receiver, Heirs, Land Owners, Owner of Land Rights Certificate Lost or damaged, Measurement and Registration of Rights, After the completion of the application file is filed and submitted to the Land Office, the subsequent process in the land office shall be the measurement, mapping and registration of its right, issuance of the Certificate, that the Land Rights Application is a process, The entry of the petition to the competent authority until the birth of the requested land. Before the land rights application enters the authorized institution, there is a process of preparation.Keywords: Right of Ownership, State Land, Land Office of Semarang City
PENDAFTARAN AKTA JUAL BELI YANG MELEBIHI JANGKA WAKTU PENDAFTARAN TANAH DI KANTOR AGRARIA DAN TATA RUANG/BADAN PERTANAHAN NASIONAL KOTA SEMARANG Kusmaryanto Kusmaryanto; Gunarto Gunarto
Jurnal Akta Vol 4, No 3 (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.v4i3.1824

Abstract

Implementation Land registration in society is now the task of the State. Land registration is carried out by the government for the benefit of the people, as an effort to provide legal certainty in the field of land. The Land Registration is carried out by the Land Office, and in carrying out the tasks the Land Office is assisted by The Land Deed Official, to carry out the activities set forth in PP 24/1997.The formulation of the problem in this research are: 1) How is the regulation of the registration of the Deed of Sale and Purchase exceeding the period of registration of land for the realization of legal certainty ?; 2) What are the obstacles faced by the Land Deed Officer in relation to the deed of sale and purchase that exceeds the period of land registration, which is shown for the realization of legal certainty and how is the solution to the settlement?This research method using research approach that is juridical normative. The specifications of this study were descriptively analyzed. Methods of data collection in this study, can be obtained by library research.The result of the research says that 1. The legal arrangement of registration of Deed of Sale and Purchase exceeding the time period specified for the realization of legal certainty is where if the registration of sale and purchase certificate exceeds 7 days then it is requested more clearly to the local Land Office. 2. The obstacles faced by the Land Deed Authority in relation to the deed of sale and purchase that exceeds the period of land registration such as the lack of public awareness, the bad image of the National Land Agency and the rights base is different from the field data. To overcome these obstacles then the National Land Agency made a program such as doing counseling to the public and through the PRONA program.The conclusion of the research results suggests that the legal arrangement of registration of Sale and Purchase Deed beyond the time period specified for the realization of legal certainty is where if the registration of the deed of sale and purchase exceeds 7 days then applied more clearly to the local Land Office. Although the submission of the deed of sale and purchase of land to the Land Office as practiced by most of the Land Deed Officials is not in accordance with the applicable laws but does not result in the cancellation of the land and there is no legal provision stating that With the delay of submission of the deed of sale and purchase of the land makes the relevant deed null and void. Keywords: Deed of Sale and Purchase, Land Registration
KEWAJIBAN NOTARIS DALAM MENJALANKAN PRINSIP TATA KELOLA KANTOR NOTARIS YANG BAIK DAN PROFESIONAL(GOOD CORPORATE PUBLIC NOTARY) MENURUT UU NOMOR 30 TAHUN 2004 JUNCTO UU NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS Adi Prasetiyo; Gunarto Gunarto
Jurnal Akta Vol 4, No 3 (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.v4i3.1819

Abstract

Notary in performing his duties acting as public servant in the affairs of making the deed of agreement which is the will of the parties who want to make it. In order to improve notary services as much as possible one of them is with the notary's office itself. Notary obligation in implementing good corporate public notary principles must be consistent with Law Number 30 Year 2004 juncto Law Number 2 Year 2014 regarding Notary Position and referring to the Notary Code of Ethics, as well as from inventory office, employees, documentation and services to clients. The constraints often faced in carrying out the principles of office governance is arising from the notary itself and from employees, where the notary is involved in a criminal case that causes punishment and employees who act dishonestly in carrying out their work, thus causing harm to office management itself and become disorganized in its management.Keywords: notary, office
ANALISIS YURIDIS KEDUDUKAN HUKUM ADAT DAN PERANAN NOTARIS-PPAT DALAM PROSES PENDAFTARAN TANAH MENURUT UNDANG-UNDANG POKOK AGRARIA DI KOTA SORONG PAPUA BARAT Dwi Pratiwi Markus; Amin Purnawan
Jurnal Akta Vol 4, No 3 (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.v4i3.1800

Abstract

This research aims (1) To know and analyze how the process of registration of customary land (2) To know and analyze the position of customary law and the role of Notary-PPAT in the process of land registration in Sorong City West Papua reviewed: According to the Principal Agrarian Law. This research uses a juridical-empirical approach. Yudiris is used to analyze rules relating to customary law and land, while empirical is used to analyze laws based on the behavior of people who always interact in daily life. The result of this research are (1) Government of Indonesia recognition of the existence of land and customary law is set forth in UUPA and PP. 24 of 1997 on Land Registration, so that in the process of registration of customary land in Sorong city is not much different from the registration of land in general. Only the registration of customary land in Sorong must be proven by several conditions that specify in local customary law and has been arranged also in the PP. No. 24 of 1997 (2) UUPA itself is a national agrarian law whose presence is based on indigenous laws of Indonesia known as customary law, so to conduct registration of land in Sorong City must use letters of customary release from the local customary chief, in this process the role of Notary-PPAT is needed in making the declaration of customary release and the role of PPAT in helping people who do not understand the rules of local custom in the process of registration of customary land as long as it does not violate the rules related to PPAT authority set by PerKaBPN No. 8 Year 2013.Keywords: Land, Customary Law, Notary-PPAT

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