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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 40 Documents
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Search results for , issue "Vol 5, No 2 (2018): June 2018" : 40 Documents clear
Legal Protection Of Heirs Testamenter To Testament Agreement Which Not Registered (Case Study Testamenter Without Heirs) Amalia Putri Prima Erdian; Hulman Siregar; Arief Cholil
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3097

Abstract

Law of inheritance only happens because the person died. In BW there are two ways to get wealth, that is: as heirs according to the provisions of law and as a person appointed in the will. What is meant by the will itself according to Article 875 BW is an agreement that make statements about what he wished someone would happen after he died, and that by her to pull back. In general, people make a will before a Public Notary. According to article 1 paragraph 1 of Act No. 2 of 2014 concerning On Notary (now referred to UUJN). Notary is a public official who is authorized to make authentic agreements and other authorities referred to in the Act, where each testament must be shaped agreement in order to obtain certainty law as an authentic agreement binding. With the creation of the will meant that the parties can understand and be able to know the basic result of the offense can be arranged so that the interests of the concerned receive proper protection as known by the Notary.Keywords: Inheritance; Heir; Testament; Authentic Agreement
Position Of The Deed Of Will Made By Notary In Dispute Between The Heirs (Case Study Of Religion Court Decision No. 0427/Pdt.G/2014/PA.bla) Nurul Kusumawati; Akhmad Khisni
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3233

Abstract

An inheritor can make a deed of will before a Notary, so that in a dispute occur later on between the heirs, the deed of will can be used as a basis for deciding the dispute between parties. Notaries who have the authority to make a deed of will have the obligation to serve the community in making a deed of will in the form of an authentic deed as stipulated in Article 15 paragraph (1) of Law Number 2 year 2014 concerning Amendments to Law Number 30 on the Position of Notary, which reads " The Notary has the authority to make authentic deeds regarding all deeds, agreements, and stipulations required by legislation and/or desired by the interested parties to be stated in an authentic deed, to guarantee certainty of the date of making the deed, to store the deed, give grosse, copy and quote of deed. All of those matters can be done by the notary as long as the deed is not also assigned or excluded to other officials or other people determined by law". So it is expected that the will certificate in the form of an authentic deed made by a notary based on the will of the inheritor can provide a solution that can be used as a basis in deciding a case of dispute between heirs. Legally, the heirs have secured the right as an heir, in accordance with Article 874 of the Civil Code. Related to the dispute between the heirs caused by the will deed made by the Notary, the Court take responsibility to overcome the dispute, so that all parties can get legal certainty.Keywords: Testament Deed, Authority of Notary, Dispute of Heirs
Notarical Ethics In The Implementation Of Murabaha Ebit Tri Laksono; Akhmad Khisni
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3081

Abstract

In a business and banking transactions, there is an important thing of the existence of agreement, especially in a debt-receivable case. A Public notary as the side that has a discretionary power in making authentic agreement which has an important role in the banking transaction, not only in the Conventional Bank but also in the Islamic Bank. On of them is in the making of sharia agreement by the principal of murabaha. The agreement that was made by the public notary had the obvious strong power and could be placed as the evidence instrument, if there is a problem between two parties. The making of an authentic agreement by the public notary was required in the legislative regulations with the aim to create certainty, public order and the protection of the law.Keywords: Public Notary; Sharia; Murabaha.
Release of The Rights on Management of PT. Indonesian Port III, (Persero) To The Certificate of Land And Building Connected to Marine Tourism Village in Semarang M. Ali Mashar; Akhmad Khisni
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3092

Abstract

Land is a natural resource that is essential for human survival. But this time the land is a natural resource that is finite and diminishing. Land has many proprietary someone (private) and state-owned land has been extremely limited. Based on the background mentioned above have been presented, the authors are interested to examine, discuss and review the above issues in the form of a study entitled: " Release Of The Rights On Management Of PT. Indonesian Port III, (Persero) To The Certificate Of Land And Building Connected To Marine Tourism Village In Semarang”. The results are expected to contribute ideas for the development of legal science in particular on how the waiver process management PT. Indonesian Port III, The method used is qualitative analysis. Based on the formulation of the problem it is concluded HPL release the legal basis must be based on legislation, if not yet published legislation, it can be subjected to a government regulation to replace legislation or government regulation (a regulation). HPL release law committed by PT. Pelindo on land certificates are fully controlled by people of Tambak Lorok so that the transition will not happen obstacles.Keywords: Release; Right On Management; PT. Indonesian Port III (Persero); Semarang.
The Validity Of Notary’s Agreement Which Is Signed Outside The Notary’s Office Dina Harindra Trisnani; Umar Ma'ruf
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3172

Abstract

Article 19 paragraph (3), Article 3 paragraph 8 and Article 3 number 15 in Code of Ethics of Notary is a regulation governing the signing of notarial agreement at Notary's office. However, in practice, there is a case of signing the Agreement not in the Notary’s Office. The problem formulated is how the validity of notarial agreements signed not in the Notary's office and how the supervision of Notary in the signing of notarial agreement so that it is in accordance with notarial agreement. To answer the above problems, the author used normative research methods and a research approach; legal approach, conceptual approach, case approach and practical approach. Methods of data collection research used literature study method and the data were analyzed by qualitative analysis techniques and used deductive conclusions. According to the research, the validity of Notarial Agreement signed not at the Notary office has the following criteria; firstly, notarial agreements that are signed are not in the Notary's office but are still in the Notary's territory, the agreements are valid as long as there are special reasons. Secondly, notarial agreements signed not in the Notary office and not in positions of Notary's territory but still in the Notary's office area remain valid as long as it is done not sequentially and accompanied by specific reasons. Third, the Notary who signed the agreement not in his Notary's office and outside the territory of Notary Office, the agreement becomes invalid. Notary Supervision in signing of Notary Agreement pursuant to Notary Law and Notary Code of Indonesia is done by Supervisory Notary Board. Supervision by the Notary Board is done through preventive and curative activity including development activities. Supervision by Notary Board is done in two ways, namely: active supervision which checks Notary protocol and passive supervision which checks Notary statements.Keywords: Notary; Signing Agreement; Unnotary Office.
Notary Role in Making The Farmland Rental Agreement and Sharing Agricultural Land Effort in The District of Mojolaban Sukoharjo Yuniarto Prasetyo Aji; Lathifah Hanim
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3227

Abstract

Indonesian agricultural is in changing times in this era, the potential is still carrying out the manufacture of leases of agricultural land and businesses for agricultural crops is still supported by extensive farmland and irrigation as well as the notary's role in the making of a legal entity farmer groups. The purpose of research is to know and analyze the role of the notary in the manufacture of leases of agricultural land and land revenue sharing farming business. Identify and analyze the impact of what happens if there is a dispute in the lease agreement of agricultural land and businesses for agricultural land in the district of Mojolaban Sukoharjo. The result in this research has been done on the role of the notary in the manufacture of leases farmland and effort for the results of agricultural land, agricultural land lease do-written by hand while sharing agreements of farmland and new notaries role in the making a legal entity that is useful to the farmer groups laden capital receipts of the central government.Keywords: Role of the Notary; Rental Agreement; Profit and Sharing Agreement.
The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus Lucky Wahyu Andriyanto; Kustriyo Kustriyo; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3087

Abstract

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line  is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks
Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement Edi Adi Ambarawa; Yudi Hendarto; Djauhari Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3130

Abstract

This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.
Roles And Responsibilities Of Land Agreement Official Tax Administration BPHTB in The Sale And Purchase Transactions Over Land And Building In Semarang Armina Dilla Zahirani; Aryani Witasari
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3222

Abstract

On Article 91 paragraph 1 of Act No. 28 of 2009 on Local Taxes and Levies otherwise PPAT can only sign the agreement of transfer of rights to land and or building after the taxpayer to submit proof of payment of taxes, in the form of Tax Payment (SSP) of the Sellers and Slip Tax on Acquisition of Land and Building (SSB) of the Purchaser, The question that arises from this problem is: What is the Role and Responsibility of the Agreement Official Land in Tax Administration BPHTB Transaction Purchase land or buildings in the city, How Procedure of Tax Administration BPHTB of the transaction Purchase land or buildings in the city, Constraints and Fighting in BPHTB Tax Administration on Sale and Purchase Transactions land and or building in the city of Semarang. Juridical approach method using empiris.Data used are primary and secondary data. Methods of data collection using interviews and literature. Methods of data analysis using qualitative analysis.The location was selected the city, for the samples taken 2 PPAT, Regional Revenue Agency Semarang and 2 taxpayers. The sampling technique was conducted by purposive sampling. Tools data collection conducted by interviews and document study.Keywords: PPAT; Acquisition of Land and Building (BPHTB); Purchase.
Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away Susilowati Susilowati; Yuniar Pradhana Mukti; Gunarto Gunarto
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3098

Abstract

The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage rights in the form of land rights arising from the conversion of old rights that have been eligible to be registered but the registration has not been done, the granting of the mortgage shall be conducted simultaneously with the application of the right to (Letter C). On the other hand, the mortgagee has died and left the heirs, then there are several ways of settlement made by the bank, namely: If the credit has matured, then the credit is covered by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed up to his heirs by approaching the family by offering loan interest rate relief. It is expected that the government through the National Land Agency can organize the process of land certification in a relatively short time so that it can support the economic activities of the community.Keywords: Mortgage Right; Uncertified Land; The Grantor Is Passed Away

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