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[Executing Public Notary Officials Role In Making Cooperative Agreement ]]>
<![CDATA[Fani Pratama]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3181
<![CDATA[True cooperative is a business entity that stands based on family rules, in Indonesia cooperative stand up and walk before the independence of Indonesia. First it was a banking company in Purwokerto, Central Java founded by Raden Aria Wiria Atmadja aided and forwarded by a Resident De Wolf Van Westerorde using cooperative system is not running because it is considered more pro natives. Trip the cooperative development of the pre and post-independence Indonesia severely affected the economy of Indonesia. Development side by side with other economic system, cooperatives perceived need of the legality of the law in all of their business activities. The legality of a cooperative is the agreement of establishment of cooperatives. A public official who has the authority to make the authentic act is a notary.Keywords: Cooperative, Agreements, Notary.]]>
<![CDATA[Notary Responsibility to the Delay in Registration of Limited Liability Companies in Legal Entity Administration System (SABH) Ministry of Law and Human Rights In Accordance with Law Number 40 year 2007 concerning Limited Liability Companies ]]>
<![CDATA[Meta Budiani]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3250
<![CDATA[Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay]]>
<![CDATA[Foundation Status of Legal Entity That has not Registered in The System Under Administration as Regulation of Minister of Justice and Human Rights No. 5 of 2014 Concerning The Ratification of Legal Entity ]]>
<![CDATA[Ardy Oktavian]]>;
<![CDATA[Suwono Suwono]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3407
<![CDATA[The Foundation is a legal entity consisting of wealth are separated and destined to achieve certain objectives in the social, religious, and humanitarian who has no members. Foundation stipulated in Act No. 16 of 2001 as amended by Act No. 28 of 2008 and further stipulated in Government Regulation No. 63 of 2008. The Foundation is a legal entity that can act and take legal actions were legitimate and resulted of law. Wealth foundation has separated, has assets of both movable and immovable which was originally derived from capital or wealth founders who have been separated. The Foundation has a specific purpose which is the implementation of the good values of religious, social, and humanitarian non-profit. The Foundation does not have members and does not have shareholders or its allies. The Foundation is driven by better foundation organ Trustees, Trustees and administrators. Legal risk for organ foundation is not getting a salary, to be convicted, personal property administrators and supervisors can be guaranteed, the attachment foundation board on budgetary basis, the application of the principle of Duty Skill Care for administrators and supervisors, and the implementation of employee activities. The Foundation shall make an annual report and efforts to conduct an examination of the foundation. In article 5 of 2014 concerning the Ratification of the Entity many foundations were re-registered through a system of legal entity through a notary so that the notary has the obligation to register on the foundation filed. So in the implementation strengthen notary deed establishing the foundation when it should be an adjustment but, because of the administrative system there are no legal entities adjustment column notary can only use applications with a choice of establishments column.Keywords: Legal Foundation, Legal Entity Administration System, Legalization Agency.]]>
<![CDATA[The Implementation of The Land Right Transfer Registration According to Letter Citation in Jatibogor Village, Suradadi - Tegal ]]>
<![CDATA[Ahmad Tsekhudin]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3245
<![CDATA[According to the certainty on the material law, the definition of transfer of land right is the transfer of old owner to the new one. There are 2 (two) ways of the transfer of land right, which are to transfer and being transferred. To transfer means the transfer of land right without any legal action done by the owner, for example by the hereditarily. While being transferred refers to the transfer of the land through the legal action by the owner, for example by the purchase and sale. According to Paragraph 37 Article 1 Government Regulation Number 24 the Of 1997, it is stated that the Transfer of land right done by making the deed by Land Titles Registrar, so the transfer deed of land transfer will have a strong proof as a deed in the court system and a deed as the base of issuing the ownership certificate. The registration of the land as Government Regulation Number 24 the Of 1997 aims to give the legal certainty and legal protection to the right holder of the land, apartment units and other registered rights so it can easily prove that himself/herself is the right holder. On the other hand, we also acknowledge the registration of land tax, such as pipil-girik, petok, letter C, which is done by the Tax Office in Java Island. Due to there are still some lands in Indonesia that aren’t registered yet around society.Keywords: The Transfer of A Land Right; Registration; Letter D]]>
<![CDATA[Transition Status of Land Property Values Based on State Land to Be Justice (Study on The Granting of Compensation of Land Development Projects Pemalang - Batang Toll Road) ]]>
<![CDATA[Anisa Humaida]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3263
<![CDATA[Practice transitional land rights usually involve communities affected by development projects such as those in Pemalang-Batang toll road construction project. The method used in this research is juridical empirical method. This research is descriptive. With the research that is descriptive, it can be analyzed and compiled the data collected, so that it can be concluded that a general nature, as well as giving a clear picture of the role of the Notary in the transaction of land acquisition for the construction site of Pemalang-Batang Toll Road (PBTR) , The field data were analyzed qualitatively and literature that only retrieve data related to the issues discussed. Legal uncertainty for public land needs to be a concern for the government. As for efforts to be made, among others, regulatory arrangement to produce quality legal regulations, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice.Keywords: Switching Status of Land; Land Property; State Land.]]>
<![CDATA[Analysis of The Marriage Treaty and Legal Approach Due Judging from The Draft of Civil Code ]]>
<![CDATA[Takwim Azami]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3240
<![CDATA[The continued development of the situation in society at large prospective marriage couples who decided to make a marriage agreement. This is because both the men and women capable of generating wealth each and there are many other reasons why it made a pact to marry. Mating agreement is the agreement made by two people (prospective husband and wife) before marriage. Mating Agreement provided for in article 29 of Act No. 1 of 1974 marriage but with the birth of the constitutional court's decision No. 69 / PUU-XIII / 2015 there are some changes in the Marriage Covenant which is still a Pro Cons in society. The problems examined in this study is: how marital agreement in terms of the book of Civil Law. The method used is a normative legal approach. Source materials used law is the source of primary legal materials and sources of secondary legal materials such as books and law legal materials collection techniques performed by the document study reading and studying the legislation regulations. The analysis of legal materials in this study, conducted by processing and analyzing qualitative and descriptive poured. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act including the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016.Keywords: Marriage Agreement; Effects; Legal Approach]]>
<![CDATA[Legal Review Of Implementation Endowments Authority Relating To The Under Hand Agreement Made By Waqif (Case Study In Kua Wonosalam, Demak) ]]>
<![CDATA[Dewi Farhati]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3256
<![CDATA[Waqf is a legal act of Waqif to separate and or hand over part of their wealth to be exploited forever or for a specified period. Usefulness of waqf itself for purposes of worship or public welfare according to the Shari'a. The purpose of the endowment given to nadzir of Waqif is to utilize waqf property in accordance with its function. The method used is a method socio-juridical with descriptive analytical research specifications, while the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the power of the waqf agreement under the hand can be executed as long as their witnesses from several parties. During the relevant parties agree to the provision of the giiving waqf endowments by Waqif to nadzir have a valid legal provisions. Legally positive endowments implementation should be done with a pledge made before the Endowment Agreement Official Pledge (PPAIW) with two witnesses and should be made in the form of an agreement of Pledge of Endowments pursuant to Article 17 of Act No. 41 of 2004 on waqf: 1. Endowments statement implemented by Waqif to nadzir before PPAIW to be implemented by two witness; 2. Endowments statement referred to in paragraph (1) shall be declared orally and / or in writing and set forth in the agreement of pledge endowments by PPAIW.Keywords: Waqf, Endowments Authority, Under Hand Agreement.]]>
<![CDATA[Authority Of Notary In Making Related Act With Land In The Context Of Land Registration Under Paragraph 2 Of Article 15 Of Notary Law ]]>
<![CDATA[Argo Suseno]]>;
<![CDATA[Sema Ardianto]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3182
<![CDATA[Notaries in making written evidence in the form of an authentic act, done according to the will of the parties / party attended for otherwise in agreement and in front, so as not to violate the law, and that the will of the parties is done properly and correctly. The aim of this study was to know implementation notary authority in the said agreement to land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law, as well as to find out the barriers and solutions in the implementation of the authority. The method is carried out normative, descriptive specification using secondary data, through literature, then analyzed qualitatively. The results show that (1) the exercise of authority notarized in agreement a blessing to the land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law is done according to the code of ethics of notaries authorized to make the Agreement of Waiver or agreement of transfer of right, obstacles encountered is community refusal to act because of the cost factor and solutions in the implementation of the authority having socialization law on public notary's role in making the act in the context of land registration.Keywords: Notary, Authentic Documents, The Land Registry.]]>
<![CDATA[Judical Review on The Authority of Subdistrict Head as A Temporary Land Deed Officials in The Making of Deed in Bojong Subdistrict, Tegal Regency ]]>
<![CDATA[Muhammad Muamal]]>;
<![CDATA[Khanafi Khanafi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3251
<![CDATA[The Sub-district head is appointed as temporary PPAT based on the provisions of the Act. It is due to there is not enough PPAT in the government area, so the government gives authority to the Sub-district head to serve the community in making deeds related to the transfer of Land Rights. In reality, not all sub-district heads are able to carry out their duties and authority. The constraints are due to the lack of Sub-district head knowledge about the duties and authority as PPAT, the number of Sub-district head duties in the government field which cause the affairs of the process of transferring rights to land are neglected and are often delegated to sub-district staff. Furthermore, the PPAT Deed Forms should not be used again since the enactment of the Regulations of the Republic of Indonesia National Land Number 8 year 2012. However, in reality many temporary PPAT or Sub-district heads still use the old forms which are no longer specified in the applicable Regulations. The deed made must be an Authentic Deed as stipulated in Article 1868 of the Civil Code concerning the Authentic Deed, namely a deed which is in the form prescribed by law, made by or before the public officials where the deed is made. On the other hand, the position as a PPAT must be in accordance with PP Number 37 year 1998 concerning the Regulation of the Position of the Land Deed Officials Keywords: Sub-district head Authority; Temporary PPAT; deed]]>
<![CDATA[The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement ]]>
<![CDATA[Dikha San Mahresi]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3171
<![CDATA[The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary]]>
