Jurnal Akta
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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<![CDATA[Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang) ]]>
<![CDATA[Diyah Ayu Fatkhurochmah]]>;
<![CDATA[Dedy Nurjatmiko]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3234
<![CDATA[The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute]]>
<![CDATA[Supervisory Role Of Regional Assembly (Mpd) On Notary Monitoring In Leaving The Area Without Legal Reasoning Which More Than 7 (Seven) Working Days In Banjarnegara ]]>
<![CDATA[Alfian Ridho Chusosi]]>;
<![CDATA[Carlito Da Costa]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3096
<![CDATA[In the Constitution of the State in 1945 expressly stated that the Republic of Indonesia is legal state, is thus one of the most important tasks for the government is provide and ensure a sense of legal certainty for the citizens of the community members. In certain fields this task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Agreement made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No. 30 of 2004 jo Act No. 2 of 2014 concerning Notary. The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Public Notary in the running position. In carrying out the duties of office of the Notary not only carry out the work mandated by legislation alone as well as running a social function that is very important is to be responsible for carrying out the trust placed in the general population it serves, Notary authorized to make the authentic act on all agreements, agreements and statutes required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic agreement, agreement of guarantee certainty of the date of manufacture, save agreement, giving grosse, copy, and official copies.Keywords: Public Notary, Regional Assembly, Legal Reasoning]]>
<![CDATA[Juridical Review on Asset Management of Land Rights for Roe Building Which Has Run Out Time (Analysis Decision Dispute in PT. Citra Mandiri, Central Java) ]]>
<![CDATA[Hemastuti Arini]]>;
<![CDATA[Misbakhul Munir]]>;
<![CDATA[Djauhari Djauhari]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3226
<![CDATA[In this study will be discussed how the consideration of judges in deciding this case and land management measures HGB assets. This research is an analytical description with normative juridical approach, by studying library materials (literature study) that the data used is secondary data, which includes the primary legal materials, secondary, and tertiary. The judges consider that the vulnerable period from 2009 to 2016 the land was returned to state control because certificate of HGB have expired in 2009 and was not renewed due to the occurrence of the land dispute. So PT CMJT and occupants of the home office, the same is not so entitled to the house. But in 2015, PT CMJT has committed an unlawful act that is with noticeboards statement of ownership and forcible emptying of the occupants of the house. Then the judges ruled on compensation of 100 million rupiah to PT CMJT the residents were harmed. This can be avoided if the PT CMJT have a good asset management can be done through asset management, namely certification, storage, security,Keywords: Asset Management; Regional Enterprise; Land Broking.]]>
<![CDATA[The Legal Consequences Of The Unregistered Notarial Agreement Related To Paragraph 40 Government Regulation No. 24 Of 1997 About Registration Of Land On The Perspective Of Legal Philosophy ]]>
<![CDATA[Vediyas Puspa Yunansa]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3091
<![CDATA[The land disputes caused by unregistered notarial agreement according to Paragraph 40 Government Regulation No. 24 the Of 1997 about registration of the land creates a legal issue in the society. The unfinished process of implementation causes legal uncertainty to all parties. The authentic agreement or certificate of ownership has the similar legal force and valid to all the holders. The legal consequences of the unregistered notarial agreement related to Paragraph 40 Government Regulation No. 24 the Of 1997 about the Land Registration will cause “null and void”. So the legal position related to the ownership of the land title certificate is undamaged (the legal issue doesn’t change) according to the rights holder written on it. There are two ways of completion, which are the land dispute resolution by Court (Litigation) and the land dispute resolution by non-Court (Non-Litigation).Keywords: Notarial Agreement; Land Registration; Legal Philosophy.]]>
<![CDATA[Legal Protection Of Contract Employees Agreement In The Implementation Of Certain Time In Kendal (National Land Agency) ]]>
<![CDATA[Aldila Marselli]]>;
<![CDATA[Sunardi Sunardi]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3221
<![CDATA[Reforms in the field of employment law is done with the purpose to improve and enhance the quality of labor and personnel welfare. Reformation in the field of employment law begins with the issuance of Act No. 21 of 2000 concerning Trade Union / Labor United. Then followed with the release of Act No. 13 of 2003 on Manpower. Problems in this reasearch: (1) To identify and analyze the Implementation of the Employment Agreement in the Specific Time (PKWT) At the National Land Agency of Kendal. (2) To identify and analyze the forms of legal protection for workers at National Land Agency of Kendal with the Specific Time of Work Agreement (PKWT). The results of this study are: (1) Implementation of the Employment Agreement in the Specific Time (PKWT) at the Land Office of Kendal by implementing probation on each worker who recruits including contract workers. Which it is not supposed to apply probation at a certain time and labor agreements remain to be done if the employment agreement becomes null and void. (2) The legal protection of workers / laborers at Specific Time Work Agreement (PKWT) inemployeein practice has not run optimally, given the frequent violations, because of the vagueness of the rules on the implementation of the Employment Agreement for specific time periods, in providing protection against labor law for employees in the Land Office of Kendal.Keywords: Legal Protection; Labor Contract; the National Land Agency.]]>
<![CDATA[Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law ]]>
<![CDATA[Dyatmika Malik]]>;
<![CDATA[Mangirim Limbong]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3086
<![CDATA[The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects]]>
<![CDATA[Responsibilities Of Notary In Tradding And Purchase Agreement (PPJB) In Semarang ]]>
<![CDATA[Febrika Rizki Andini]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3129
<![CDATA[This study discussed how to be the responsibility of Notary to the authentic agreement making, which studied further is the Agreement of Tradding and Purchase Agreement. This study used sociological juridical analysis approach, with data obtained through literature and interviews, then the data were analyzed qualitatively. From the result of this study, it is agreed that the duties and authority of Notary by making a personal agreement which has been formed in Article 15 of Act No.30 Of 2004 concerning Notary Position. In this case, the notary is responsible for all agreements he/she has made. Agreement PPJB is made for the introduction and as a legal bridge to conduct the next legal screening, namely Agreement of Tradding and purchase to be read and signed in the vicinity of Notary. PPJB shall be made on the basis of the parties' persecution and prevention of default from either party. Because the Agreement of PPJB is an authentic agreement and made by or in the presence of a Notary then by itself the agreement becomes notary agreement. The power of its protection corresponds to the frequency of authentic agreements. The suggestion that can be given from this study is to further manage the Tradding and purchase agreement in Regulation, especially for the land issues. So that all parties used the Tradding and purchase agreement as engagement can be more secured.Keywords: Responsibility; Notary; Tradding and Purchase Agreement (PPJB).]]>
<![CDATA[Land Dispute Settlement Through Mediation In The Regional Land Office In Boyolali Regency ]]>
<![CDATA[Sarsono Sarsono]]>;
<![CDATA[Joseph Diko Reinol Panjaitan]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3089
<![CDATA[This study aims to describe the settlement of land disputes through mediation conducted in Regional Land Office of Boyolali Regency, and the obstacles encountered in settling land disputes through mediation. So, it can provide additional knowledge for anyone who reads it. The problem formulation in this research is how the role of the land office in order to settle the land dispute mediation in the Land Office of Boyolali Regency and what are the constraints of the mediation in land disputes in the Land Office of Boyolali Regency. This research is a legal juridical empirical research or legal sociology research. It it kind of research that analyzes a problem by combining secondary data (legislation) with primary data obtained in the field. The result of this research is that the role of Land Affair Office of Boyolali Regency in the effort of settling land dispute through mediation is as mediator who is responsible for assisting the parties in dispute to produce agreement received by the all parties. The parties assist to end up the dispute, then pour the result of mediation into the Minutes of Mediation. In the event of mediation, when the agreement is reached, the parties are willing to implement the mediation decision. However, if in mediation is not reached agreement, the District Office of Boyolali Regency will invites the parties to process through litigation (court). In the implementation of mediation at the Land Office of Boyolali Regency, there are obstacles, namely: (1) The absence of the parties in dispute, (2) there is no good intentions from each party in dispute, (3) Differences in ability and education among the parties, (4) The role of Land Office of Boyolali Regency is only as mediator, it cannot be as a decision maker/court.Keywords: Settlement Of Land Dispute, Mediation, Land Office.]]>
<![CDATA[The Responsibility of Public Notary in Case of Ethical Code Violation ]]>
<![CDATA[Syukron Sofwan]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3224
<![CDATA[This study aims to find out the responsibility of public notary and the legal consequence in case of ethical code violation by public notary. This research used empirical juridical method, with analytical descriptive research specification. The data have been analyzed qualitatively in describing the research problem. The result is done by taking the conclusion result deductively. The results of the research are: 1) the responsibility of public notary is obeying the ethical code. Ethical code is a moral guidance or direction for a particular profession or a list of responsibility in carrying out a profession composed by members of the profession itself and bidding them in practice. The punishment is organically applicable when the public notary violates professional ethical code as a guideline made by the professional organization. 2) the legal consequences in case of ethical code violation by public notary is a) in term of obedience, morality, and religion and based on conscience, it should be done by a public notary who holds and carries an honor position especially as a trustee. b) violations done by public notary against professional manner which have been recorded or regulated which have been arranged in written and binding and must be obeyed by all members of professional group and for those who violate the rules will get sanctions; c) the public notary who violates the ethical code as determined in legal constitution are accomplished based on the provision, so that the legal assurance of public notary’s profession are more guaranteed.Keywords: Responsibility; Public Notary; The Violation Of Ethical Code.]]>
<![CDATA[Disputes Settlement To The Measured Object Of The Returns Border Of National Land Agency Against A Neighbor's Boundary Objects In Tegal ]]>
<![CDATA[Mohammad Irfan Rifai]]>;
<![CDATA[Rekowarno Rekowarno]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3084
<![CDATA[The land has an important role in human life because it is completely cannot be separated from land. The issue of the disputes of land boundary may cause a difference of opinion; the value of the interest regarding the layout, borders and vast areas of land that is recognized is the most issue that appears frequently in the Office of land Bordering Counties. The method of the approach that is used in this study is the juridical sociological approach. This approach was conducted to understand the law in the context of the society is a non-doctrinal approach. Through this approach, the object of the law will be meant as part of the social subsystem between the subsystems of the social subsystem-other dispute resolution borders against the border returns object, in the form of legal protection, for misusing of the follow- the Government is due to gross negligence at the time of measurement wide plots of land for the creation of a letter, then the measurement of legal protection used is the preventive protection of the law, the role of the national land Agency Chief Rules Based BPN No. 3 Of 2011 is about the management and treatment of Cases of land. The agreement or the consent of the parties concerned is essential in the framework of the implementation of dispute settlement returns the border of land ownership.Keywords: Returns the Border; National Land Agency; Dispute Resolution.]]>
