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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"Vol 5, No 4 (2018): December 2018"
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<![CDATA[Duties and Responsibilities of Notary on The Act on His Own Viewed From Act No. 2 of 2014 on The Department of Notary ]]>
<![CDATA[Elang Yogi Medikabrata]]>;
<![CDATA[Kurniawan Daeli]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3891
<![CDATA[Notary is a public official who has the authority to make authentic documents and any other authority as referred to in Article 1 paragraph (1) of Act no. 2 of 2014 on the amendment of Act No. 30 of 2004 on the department of notary. The aim of this study was to: 1) To determine the duties and responsibilities of the Deed made by it in carrying out its duties and his position based on Act no. 2 of 2014 concerning Notary. 2) To find out the weaknesses of the duties and responsibilities of the Deed made by Act no. 2 of 2014 concerning Notary. 3) To find a solution weakness of the duties and responsibilities Against the Act made. The data used in this study are primary data, secondary and tertiary then analyzed by juridical empirical method that is reviewing the law relating to the issues discussed.Based on the data analysis concluded that: 1) The duties and responsibilities of a notary deed prepared to very low and many things that are broken. 2) the provisions set forth in Act no. 2 of 2014 concerning Notary less able to protect the client. 3) the provisions set forth in Act no. 2 of 2014 concerning on Department of Notary must include also the protection of the client as a result of the negligence of the notary who is aggrieved clients.Keywords: Notary Duties; Responsibilities Notary; Deed Of Notary.]]>
<![CDATA[Regional Assembly Supervisory Effectiveness of Supervision in Efforts to Increase The Professionalism of Notary in The Region of Purwokerto and Purbalingga ]]>
<![CDATA[Yuliarti Yuliarti]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3731
<![CDATA[Supervisory Council is an entity that has the authority to implement the guidance and supervision of a Notary. Regional Supervisory Council (MPD) is formed in the District / City to develop and supervise the notaries who have work areas Regency / City, in accordance with Article 70 UUJN.The purpose of this study was to analyze the effectiveness of the supervision of the Regional Supervisory Council and the barriers and surveillance solutions Regional Supervisory Council in an effort to increase the professionalism of a notary in Purwokerto and Purbalingga region. This study uses empirical juridical approach, whereas the method of data collection with the literature study and interviews.Results of research supervision by the MPD in Purwokerto and Purbalingga is still not effective, and can not improve the professionalism of a notary in the region of, because they found many violations of the code of conduct. Obstacles encountered MPD is a shortage of funds, lack of secretarial offices and infrastructure that support the implementation by both the duty and authority MPD limited authority and lack of legal awareness of some of the Notary. Some of the possible solutions is to build its own secretary building with the infrastructure that support the implementation of the duties and authority both MPD and monitoring internal, external, repressive and preventive.Keywords: MPD; Supervision Notary Code of Ethics Violations]]>
<![CDATA[Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus ]]>
<![CDATA[Pulung Jati Kusuma]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3725
<![CDATA[Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.]]>
<![CDATA[Role and Assembly Supervisory Authority of Surakarta’s Notary in The Supervision of Notary ]]>
<![CDATA[Agil Arya Rahmanda]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.4131
<![CDATA[Notaries have the legal authority for the preparation of an authentic deed. To improve the quality and quantity of a Public Notary, apply to the Notary, namely Regulation No. M.02.PR08.10 Menkumham of 2004 on the Supervisory Council of Notaries. The purpose of this study was to determine the technical supervision of Notary conducted by MPD Surakarta, Role and Functions of MPD Surakarta and to determine the effectiveness of supervision MPD Surakarta in implementing the Notary supervision in the region. In this study the authors use empirical juridical approach, whereas the method of data collection using interviews and literature. The results showed that the supervision of a Notary by MPD Surakarta include: examination Notary protocols, guidance and counseling, giving approval / consent with respect to the interests of the criminal justice process to call and check Notary deed relating to the making. Notary performance Surakarta, among others: Notary of Surakarta less orderly in the making and reporting Notaries protocols, Notary unknown where the position / office address, and notaries who are rarely in the office so it was hard to see him. Barriers experienced by MPD Surakarta, among others: lack of equipment and adequate infrastructure, the limited time the members of the MPD Surakarta busy with the duties of each, a limited budget, MPD does not have the authority to impose sanctions against notaries who violate of Notary.Keywords: MPD Authority; Oversight of Notary; Notary Development.]]>
<![CDATA[Implementation Agreement By Mixed Marriage Based On Act No. 1 of 1974 Concerning Marriage After Constitutional Court Ruling No. 69 / PUU-XIII / 2015 (Study of Notary Role) ]]>
<![CDATA[Riyanto Riyanto]]>;
<![CDATA[Wachid Aryanto]]>;
<![CDATA[Arief Cholil]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3712
<![CDATA[Abstract. The bride and groom's candidate before the marriage takes place, can make a "Marriage Agreement" to provide legal certainty related to property and for legal protection against third parties. Primarily for mixed marriages, the bride and groom are subject to two different legal systems according to their nationality. , the agreement made by the Marriage Agreement has been amended by the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 dated October 27, 2016. The positive implication for the intermarriage is that it can have land rights in the form of Ownership Rights (HM) and Right to Build (HGB) without having to divorce first. Then, this research intends to discuss the practice of the Implementation of Mixed Marriage Agreements based on Act No. 1 of 1974 concerning Marriage after the decision of the Constitutional Court Number: 69 / PUU-XIII / 2015. The purpose of this study was to describe the role of the notary in the deed Mating Agreement and its implementation after the decision of the Court in question, and to know the legal implications of the couples in mixed marriages. The method in this research is juridical empirical research methods.Keywords: Mating Agreement; Marriage Commingling; Deed; Decision of the Constitutional Court; Marriage Act.]]>
<![CDATA[Implementation and Obstacles in The Execution of Warranties as Object of Liability Credit Rights in PT BPR Gunung Rizki Pusaka Utama Semarang ]]>
<![CDATA[Eliza Chandradewi Arius]]>;
<![CDATA[Rya Rizqi Amalia]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3892
<![CDATA[Indonesia's economy is growing by leaps and bounds, where banking is very supportive financing of economic activities in order to meet the needs of Indonesian society. Each implementation agreement on bank credit, is always associated with the presence of collateral, the collateral which was born in the credit agreement is already an agreement between the parties to bind themselves to each other. Granting Mortgage is very important in the credit agreement for the lender has the right to the sale of goods as collateral. Aims to identify and analyze the execution of objects Mortgage as loan collateral at PT BPR Gunung Rizki Pusaka Utama Semarang and analyze the barriers that occur and solutions in the travel in overcoming these obstacles. The method used is the method of normative legal approach.Execution of objects Mortgage as loan collateral at PT BPR Gunung Rizki Pusaka Utama Semarang do with Parate Execution. Where the execution of Encumbrance using Parate Execution aims to obtain repayment of its receivables efficiently and quickly. Barriers that occur in the implementation of the Mortgage object is the object of a third party guarantee, the collateral has not been registered, and the lack of good faith of the debtor.Keywords: Execution; Mortgage; Security; Credit.]]>
<![CDATA[Analysis of National Land Board Authority on Land Dispute Which have not been Registered in The Land Office of Samarinda ]]>
<![CDATA[Robyatul Adawiyah]]>;
<![CDATA[Hadi Noor Cahyo]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3730
<![CDATA[According to Article 3 letter f Presidential Regulation No. 20 of 2015 stipulates that the National Land Agency performs functions include formulation and implementation of policies in the field of control and the handling of disputes and case land. Most of land that has not been registered in BPN Samarinda because of several problems, one status each land dispute. The purpose of this study was to analyze the authority BPN Samarinda on disputed land which has not been registered and analyzing obstacles and solutions. Metode approach used in this study is a sociological juridical approach. Mechanical collection of legal materials in this study is by interview and literature study techniques, data analysis techniquesdescriptive analytic method is used.The results showed that the Authority granted to BPN in resolving land disputes is procedurally done by first conducting studies and approaches to the parties to the dispute, namely through consultation and the courts / litigation.Barriers BPN authority over land disputes that have not been registered at the BPN Samarinda is the lack of public knowledge about the land, the lack of public awareness and public access to information and services is still minimal, most people live in rural surroundings with facilities and means of transport and communications are limited. BPN solutions that can be done is through deliberative approach, but if consensus is not reached, it will be taken by the courts / litigation. Also BPN proactive approach with mobile services from village to directly deal with the public in the form of activities, socialization, education, land registration, measurement and delivery of certificates.Keywords: BPN Authority; Land Registry; Land Dispute.]]>
<![CDATA[Public Notary Services In Malaysia ]]>
<![CDATA[Thaufiq Deen]]>;
<![CDATA[O. Argo Victoria]]>;
<![CDATA[Sumain Sumain]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.4135
<![CDATA[Starting January 5, 2015 the Embassy in Kuala Lumpur requires appointments for all notarial services. Please bring your appointment confirmation sheet and arrive at the embassy 10 minutes before the appointment time. It can provide most of the same notarial services that a public notary is authorized by law to perform within the United States. Services are similary available as in U.S. and to foreign nationals with documents intended for use within the U.S. By following to the ACS Unit when requesting notary services: The documents to be notarized, including attachments, if any. The passport and one other photo identification. Witnesses, if required. (Consular staff are not alloitd to serve as witnesses.) $50.00 or the equivalent in Malaysian ringgit for each seal. Notary fees can be paid in cash or by credit card.]]>
<![CDATA[Implementation Of Mudharaba Agreement In PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch Of Semarang ]]>
<![CDATA[Fiana Zahroh Suciani]]>;
<![CDATA[Bonar Setyantono]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3721
<![CDATA[This study aims to conduct a study that jurisdiction over on mudharabah at. Bank Tabungan Negara (BTN) Tbk. SBU Branch of Semarang and to know mudharabah implementation constraints on PT. Bank BTN Tbk. SBU Branch of Semarang and how to overcome them. The research method used is normative, the source of the data used are secondary data gathered through identification and inventory of legislation and library books interviews as supporting data, then the data is analyzed by qualitative normative method.Based on the results of research and discussion we concluded that the Agreement Mudharabah is a partnership contract by PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang to customers of PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang as shahibul maal finance, hundred percent of funds to the client (mudharib). Implementation mudharabah in PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) the new branch also complies with Islamic legal theory and the theory of legal certainty.Keywords: Mudharabah; Islamic Banking.]]>
<![CDATA[Notary Role in Issuing Bonding Guarantee of Bilyets Deposits as Collateral Credit on Loan Agreement Process (Case Study in Kanca BRI Blora) ]]>
<![CDATA[Yongky Pratama]]>;
<![CDATA[Nanang Suhendar]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.4129
<![CDATA[The purpose of this study was to: 1) Determine the implementation of binding guarantee term deposit certificate as collateral credit on the loan agreement. 2) The role of the notary in binding guarantee term deposit certificate as collateral on the loan agreement. 3) Analyze the challenges and solutions for binding guarantee term deposit certificate as collateral credit on the loan agreement (case study in Kanca BRI Blora). The method is a juridical sociological approach to the specification of descriptive analytical research. Sources of data obtained through interviews and literature.Based on the research results implementation binding guarantee slip deposits as collateral on the loan agreement in BRI Blora starting from the stage of the loan application, the stage of the agreement and the making of the loan agreement, the stage of a deed binding guarantee deposit slip, the submission phase objects assurance, the stage of the authorization, and blocking stage or in the event of default. In binding guarantee term deposit certificate as collateral on the loan agreement in Kanca BRI Blora, Notary make a letter of agreement and binding guarantee deposit slips. Barriers just a lack of understanding about people who do the will of credit, so the solution the Bank must give a detailed explanation before binding treaty process.Keywords : Collateral Credit; Guarantees Binding; Temporary Bilyet Deposits.]]>
