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Jurnal Akta
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
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
Search results for , issue "Vol 4, No 3 (2017)" : 26 Documents clear
IMPLEMENTASI PERJANJIAN PEMBIAYAAN JUAL BELI (MURABAHAH) DI BANK NEGARA INDONESIA ( BNI ) SYARIAH CABANG SEMARANG Moch Faizul Khakim; 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.v4i3.1816

Abstract

One form of financing agreement provided by Bank BNI Sharia is murabahah, which is a form of trust and sale of certain goods, between banks and customers. The bank buys the required item and sells it to the respective customer at the cost of the acquisition plus the agreed benefit. The purpose of this study entitled Implementation of Sale and Purchase Agreement (murabahah) in Bank BNI Sharia Branch Semarang is to find out how the procedures and requirements in the implementation of Buy and sell Financing Agreement (murabaha) at Bank BNI Sharia Branch Semarang and problems often faced in Murabahah Financing Agreement as well as efforts to overcome the problem of Implementation of Murabahah Financing Agreement at Bank BNI Sharia Branch of Semarang. This research is a descriptive analysis using sociological juridical research methods and field research, based on the results of research concluded that the stages or procedures and requirements in Murabahah Financing Agreement at Bank BNI Sharia Branch Semarang is Application, Investigation, Financing Analysis, Letter of Agreement on Financing Agreement, Signing of Murabahah Agreement, Withdrawal, Installment Calculation, Installment Payment and Repayment. In the implementation of the Murabahah Financing Agreement, Bank BNI Sharia often faces several problems, especially in terms of murabahah financing for houses / property, based on observations the authors conclude there are some weaknesses or difficulties that become problem in murabahah financing, that is in terms of Human Resources (HR) and the provisions of the National Sharia Council Fatwa. BNI Sharia Bank's efforts to solve a problem when one party does not fulfill its obligations, BNI Sharia Bank applies its settlement clause by way of deliberation and kinship, if in the above manner can not reach agreement, then the final effort is settled through local District Court. It is suggested to Bank BNI Sharia to distribute murabahah financing always pay attention to applicable law. If the murabahah financing is not able to comply with the applicable law, then this murabahah product should not be marketed temporarily pending the issuance of new regulations that support the implementation of this murabahah product. Keywords: Murabahah Agreement, PT. Bank BNI Sharia Branch Semarang
OPTIMALISASI NILAI PEMANFAATAN WAKAF DARI FUNGSI SOSIAL MENJADI EKONOMIS DI KOTA SEMARANG Joko Dwi Widiyanto; 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.v4i3.1822

Abstract

The purpose and this research is for the existence of function and benefit of waqf as well as factors influencing the existence of function and manfat of waqf, solution and solution about function and benefit of waqf in society after notarial deed and social function become function in town of SemarangThis research is empirical law research, that is research based on the implementation of optimization of social wakaf utilization value into a frugal function in Semarang City The existence of shifting funngsi and wakaf benefits in Semarang City in the formulation of the transfer function by granting the previous waqf. Factors that affect the function and benefits are by way of selling and the results used to purchase new and broad wakaf data obtained are analyzed quantitatively.Optimizing the benefits of the utilization of waqf from social function into a frugal function in the city of Semarang by the researchers, then at the end of the series of research activities of this Thesis, will be concluded about the practice of transferring wakaf by nazhir Pedurungan Sub-district of Semarang that has been found, the existence of shifting funngsi And Benefits of waqf in Semarang City in the way of testing by granting the previous waqf, factors influencing the existence of the functions and benefits by way of selling and the results used to buy a new waqf, the implementation of the transfer function is done by granting the previous waqf After being dismantled As a waqf object that pole mosque, roof and windows, and the floors derived from the wakaf of the mosque maker's waqf objects is no longer functioned as a waqf object of the mosque that comes from ulin wood, all the wakaf objects that dibabak is granted to Other mosques y Ang need.The reason for the constraints on the function and benefits of wakaf in the community after the notarial deed of the social function became the basic economic function of the practice of transferring wakaf function by nazhir in Kecamatan Pedurungan Semarang City is as follows: Because the mosque can not accommodate the number of jama "ah that happened happened At The first case In the case of the second and the third case Accompanied by the highway Solutions falling out of the consequences of wakaf pengakfungsian practices by nazhir in Pedurungan Subdistrict Semarang City is the community can take advantage of the implementation of the transfer of wakaf function by nazhir in Pedurungan Subdistrict Semarang City, occurred in all cases Has been investigated in the field A practice of transferring the function of waqf by nazhir in Kecamatan Pedurungan there is pro and there is a cons, and the law is not the practice of wakaf pengakfungsian by nazhir in Kecamatan Pedurungan not procedural, As for the solution about Function and benefit of waqf in society after made notary deed from social function become basic security function of practice of transferring wakaf by nazhir in Kecamatan Pedurungan Semarang CityKeywords: Utilization of Endowment and Social Function
PERANAN PPAT DALAM PEMUNGUTAN BEA PEROLEHAN HAK TANAH DAN BANGUNAN (BPHTB) ON LINE ATAS TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DI KOTA MAGELANG Yunita Budi Chrissanni; 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.v4i3.1806

Abstract

The research titled "The Role of Official Official Deed Officer (PPAT) in Collection of Land and Building Ownership Rights (BPHTB) Online on Land and Building Transaction in BPKAD Kota Magelang" to know how far the role of PPAT in PHTB collection and what obstacles and its solution in BPHTB collection on line in Magelang city.This research uses empirical juridical approach, in collecting data more emphasized on source of primary material, in the form of law and regulation, studying law norms and law science sera theory added by interview to the parties related to the problem in carefully.Based on the method, the research produces principally (1) the Land Actor (PPAT) as the Government Regulation Number 37 Year 1998 concerning PPAT Office Regulation and its implementation is stipulated in Regulation of the Minister of Agrarian Affairs / Head of National Land Agency Number 4 Year 1998 on Implementation of Government Regulation Number 3 In 1998, a general official as intended in Article 1868 of the Civil Code has the responsibility as a partner of the government in carrying out the BPHTB levy which in the Tax Payment of Land and Building Acquisition Rights (BPHTB) is regulated in Local Regulation of Magelang City No. 9 of 2010 on Customs Acquisition of Land and Building Rights (2) The obstacles that arise in the execution of Collection of Land Acquisition Rights of Land and Building (BPHTB) Online in Magelang city and what efforts are made to overcome obstacles is the tax value proposed by the taxpayer Not in accordance with INT (Land Value Index) y Which has been determined by BPKAD the solution regarding it is conducted survey of land and building location by BPHT object building by BPKAD, or taxpayer to clarify the value of BPHTB, if not found the solution to that matter then BPKAD use regulation of Mayor Magelang Regulation Number 7 of 2017 on Local Tax Service And Payment System On LineKeywords: BPHTB, On Line, PPAT
KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA Rifan Agrisal Ruslan; Umar Ma’ruf
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.v4i3.1817

Abstract

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.
TINJAUAN HUKUM TERHADAP PERMOHONAN PEMBATALAN AKTA JUAL BELI YANG DIBUAT OLEH NOTARIS/PPAT ( STUDI KASUS PT. WAHANA WIJAYA LESTARI REALITY DENGAN YO SWIE TJIN ) Fifian Leliana; Anis Mashdurohatun
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.v4i3.1801

Abstract

Research entitled "Legal Review Against the Request of Cancellation of Deed of Sale and Purchase Between PT. Wahana Wijaya Lestari Reality With Yo Swie Tjin "aims to 1) explain and provide knowledge about the terms of making the sale and purchase deed pursuant to the prevailing rules, 2) to give understanding about judge's consideration to the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin, and 3) provide understanding and knowledge about the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin.Based on the research, it can be concluded that 1) the provision of the deed of sale and purchase based on the prevailing rules by paying attention to the important matters by fulfilling the formal and material requirements, ordering the administration, running the rules of law such as Civil Code, UUPA, UUJN, PP number 24 years 1997, PP number 37 of 1998. 2) judge's consideration of the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin is based on the non-fulfillment of Article 1320 of the Civil Code regarding the validity of a treaty, Article 1321 of the Civil Code that there is no valid agreement if it is given by mistake, or obtained by coercion or fraud, any deviations from material requirements and formal conditions. 3) the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin decided by Bandung District Court that the deed of sale and purchase number 250/2012 dated June 16, 2012 and deed of sale and purchase number 251/2012 dated June 16, 2012 made before PPAT (Plaintiff) is legal defect.Keywords: Cancellation, Deed of Sale and Purchase, Parties
PERAN NOTARIS SEBAGAI SAKSI DALAM PROSES PERADILAN PIDANA Irawan Arief Firmansyah; 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.v4i3.1811

Abstract

Research on "Notary's Role for Witnesses in Criminal Justice Process" to re-examine the authority of the Constitutional Court against notary notarization, the role of notary as the cost of criminal cases.MPD Regulation concerning notarial notes having domicile must be through MPD in accordance with Art. 66 (1) of Notary Act No. 30 Year. 2004 because it is not in line with the rules of Ps. 27 (1) and Psl. 28 D (1) of the 1945 Constitution on the equality of citizens' attitudes before the law in order to facilitate criminal justice for the realization of community justice. The role of a notary as a means in a criminal case is to provide information in accordance with the aspect of formal / material aspects of the deed which is the responsibility. Protection of a notary as a criminal offense after the release of the Constitutional Court verdict. 49 / PUU-X / 2012 is notary calling through Notary Board of Honor according to the provisions of Art. 66 Psl. UU no. 2 Yrs. 2014. In addition, the notary still gets an order from the rights and responsibilities of the notary public. Keywords: Notary, Witness, Criminal Case

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