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[Assembly Supervisory Role Of Regional Efforts In Order To Guidance And Supervision Of Notary In The District Of Cirebon ]]>
<![CDATA[Fella Mudiana Putri]]>;
<![CDATA[Farhan Munirus Su'aidi]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4256
<![CDATA[The purpose of this study was to: 1) analyze the implementation of MPD Cirebon role in the Framework Guidance and Control of Notaries. 2) analyze any efforts undertaken 3) analyze Barriers and Solutions MPD Cirebon in order to guidance and supervision of a Notary. This research is empirical. The method is empirical juridical approach. Specifications required in this research is descriptive. In this study consisted of data sources: primary data obtained by researchers through interviews and field research object Supervisory Council of Blood (MPD) in Cirebon, and secondary data obtained through literature.Based on data analysis concluded 1) implementation of the supervision and oversight of the Regional Supervisory Council (MPD) Cirebon based on regulation Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 2004, of carrying out the authority, as referred to in Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17 and Article 70 and Article 71 UUJN. 2) Some of the efforts to be undertaken by the Assembly Regional Supervising Notary Cirebon in order to guidance and supervision of Notaries are: a) Implement supervision preventive and curative namely the prevention of the occurrence of malfeasance Notary and to provide guidance to the Notary itself, b) do socializations to the parties related to the Notary profession. 3) Factors to be barriers: 1) Notary less able to manage time between activities Notary with the time of inspection. 2) Notary also encountered less tidy in making a Notary Protocol. As for the solution is 1) Should the Notary make a schedule for the activities to be performed 2) Notary further explore and relearn the theories about the creation of Notary Protocol. 3) The area should be routinely Supervisory Council to follow up on the findings of the Regional Supervisory Council of Notaries.Keywords: MPD; Development and Supervision; Sanctions.]]>
<![CDATA[Implementation of Notary Liability in The Making of Deed Based Act No. 2 of 2014 on Notary Position ]]>
<![CDATA[Syafiera Amelia]]>;
<![CDATA[Rudi Hendri Basuki]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4234
<![CDATA[This study aims to investigate the Implementation Of Notary Liability In The Making Of Deed Based Act No. 2 Of 2014 On Notary Position and how protection Notary Notaries in deed.This study uses normative legal or sociological approach, as this study does not only include the Legislation and legal materials in the library, but also to the practice field as the supporting data. Also in this study are also used as the primary data source supporting data in a finding that will be examined with regard to liability notarized under Act No. 2 of 2014 concerning Notary.The results of this study ultimately provide answers form of accountability in the manufacture of a notarial deed notary if a notary to make mistakes as well as a form of protection notary if one were sued by applicant. Implementation responsibilities of office owned by a Notary is not done, then it could result in a deed made void, canceled by the parties or the deed only a proofing tool contract under hand. Because the deed deed null and void, the reason for the parties who suffered damages to sue replacement costs, damages and interest to the Notary. MKN Notary protection given to the Notary that if one made the call by the court to a Public Notary, must request permission in advance to MKN, should be make coordination with INI organization or Competent Senior Notary.Keywords: Notaries; Public Notary Accountability; Deeds.]]>
<![CDATA[The Role Of The Supervisory Council Of The Regional Notary (MPD) In The Notary Code Enforcement Under Act No. 2 Of 2014 In Subang ]]>
<![CDATA[Aep Saepudin]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4250
<![CDATA[The purpose of this research is to know and understand the role of the Notary Supervisory Council of Regions (MPD) Based on Act No. 2 of 2014, and to know and understand the code of ethics enforcement practices notary office in Subang.Based on the results of data analysis is concluded, that obtained a description of some of the measures that will be implemented by the Council of Regional Supervising Notary Subang district, in addition to the authority in accordance with the rules of the existing Assembly Regional Supervising Notary Subang district also did sosilisasisosialisasi to the parties associated with the profession of Notary among other elements of society, academic elements, the Indonesian National Police. Regarding the agencies that supervise the Notary prior to the enactment UUJN conducted by the District Court results are not optimal this is due to a lack of understanding Supervisory Judge of the profession Notary, while supervision and examination of the Notary conducted by the Council of Trustees, in which there are elements of Notaries, thus at least Notary supervised and examined by the Supervisory Council members are definitely better understand the world Notary. Keywords: Notary Supervisory Council of Regions; Code; Notary.]]>
<![CDATA[Transfer of Rights on Land Because Sale and Purchase Which Have Not Been Certified and Its Rights Registration in The Land Office ]]>
<![CDATA[Muhammad Mamduh Muzakki]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4229
<![CDATA[The purpose of this research is 1) To know the process of registration of transfer of land rights that have not been certified for sale and purchase and registration rights. 2) To determine the legal problems of transitional registration of land rights that have not been certified for sale and purchase and registration rights. 3) To know how the efforts and steps that should be done by the Land Office to resolve the legal problems of transitional registration of land rights that have not been certified for sale and purchase and registration rights.The method used is empirical juridical approach in order to obtain adequate results. Specifications research used in this study is a descriptive analysis, from this study is expected to obtain a detailed and systematic description of the problem to be studiedBased on data analysis concluded that: 1) The preparation of the deed of sale of land rights, advance PPAT shall conduct an inspection at the office of district / city land on the validity of the certificate of land rights are concerned. Second, the implementation PPAT deed to be attended by the parties concerned to take legal actions (seller and buyer) or a person authorized by him with written authorization in accordance with applicable laws and regulations. Third, the registration of transfer of rights, shall submit PPAT PPAT deed and other documents necessary for registration purposes transfer of rights over the land to the office of district / city land no later than seven business days. Fourth, delivery of certificates 2) According to the law for the transition of land rights for the sale and purchase of the land that is not registered is already eligible purchase material that is "Clear and" Cash ". 3) regardless of the procedure established by law. Therefore, for the people concerned to register their land are required to meet the specified requirements.Keywords :Transfer of Rights on Land; Purchase; Certified; Registration; Land Office.]]>
<![CDATA[Review on The Application for Rights Juridical Backing to Book C Village Based on PP No 24 of 1997 on Land Registration in Sumowono Sub-District, Semarang District ]]>
<![CDATA[Rina Budi Setiyani]]>;
<![CDATA[Dhanar Dhono Vernandhie]]>;
<![CDATA[Djauhari Djauhari]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4262
<![CDATA[Land registration function is to provide evidence of land ownership (certificate) in order to provide legal certainty and legal protection to rights holders on the ground. PP 24/1997 on land registration, implying that the Certificate of Land Rights to provide legal protection to the rights holder named on the certificate as evidence that stronger as the physical data, juridical met. In corvetion indigenous lands and quotation Village Books C that is Letter C which may be cited as proof of entitlement. Letter C contains data on the origin of the soil and record the transition that occurs before 24 September 1960. In the PP 24/1997 states that the book excerpts C Letter C Village and Village serves as evidence of payment of tax and have the force of law as the foundation of evidence for the right to land. Village C book loss events resulted in the loss of certainty about the object, the subject, and the certainty of the status of their land rights and it can cause problems to the strength of evidence for the right to land. Then how the impact of the loss of the book C Village of the rights on public land that is lost letter C? ensuring legal certainty for holders of indigenous land rights and land registration application process for them.The research method of juridical empirical approach to socio-legal research, by location in District Sumowono and Semarang District Land Office.Keywords: Land Registration, Guarantee Legal Certainty, The Strength Of Evidence.]]>
<![CDATA[Legal Review On Prospects For Filling In The Form Of Notary Protocol In Electronics Form And Legal Power ]]>
<![CDATA[Restu Abiranda Bimaroni]]>;
<![CDATA[Apromico Apromico]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4245
<![CDATA[The purpose of this study is to 1. To know and analyze the prospects for a notary protocol archiving in electronic form, 2. To identify and analyze the force of law on notary protocol archiving in electronic form. The data used in this research is secondary data is data obtained through library research. Secondary data in this study is divided into two (2) in the form of primary legal materials and secondary law to support the study, then analyzed with descriptive analysis method.Based on the results of data analysis concluded that: 1) the prospect of a notary protocol archiving in electronic form can be judged from the aspect of economic and legal aspects. Economically, the electronic storage notary protocols aimed at more practical, efficient, cheap and safe. While the legal aspects, can assist and facilitate the legal proceedings related to the rules of evidence that electronic evidence. 2) The legal force of proof protocol notary electronically stored in evidence in the field of civil law can only serve as a backup and not as a copy of which has no binding force, due to the restrictions given by the ITE Law in Article 5 (4 ) that the electronic document that does not qualify the authenticity of the documents as stipulated in Article 1 point 1 UUJN Amendment and Article 1868 of the Civil Code, with the idea or discourse on the transfer protocol notary of conventional (paper based) into an electronic (digital based) then the notary profession in carrying out the authority and obligation to keep archives and documents in a notary's protocol will become more effective and efficient.Keywords: Normative Juridical Studies, Protocols Notary, Electronics.]]>
<![CDATA[Strength Of Evidence The Deed Under Of Hands In The Case Civil Evidence ]]>
<![CDATA[Khalimah Khalimah]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4257
<![CDATA[Deed under the hand that has obtained the legalization give assurance to the judge about the date and the identity of the parties to the agreement. The strength of evidence deed under hand as evidence in court proceedings connected with the notary authority in legalization, as for the purpose of this research is to know how strong the deed under the hand of proof in proving the civil case.Research method used in this research is normative juridical study of the legal texts alone, but involves the ability of scientific analysis of legal materials to support eversafe against legal theory. Sources and Types of Data based on primary law material that is taken from the Book of Legislation applicable and secondary law, which consists of reference books and journals and scientific papers, the results of research related to materials research.From the research it can be concluded that the Power of the deed under the hand that had deilegalisasi by notary it would be perfect proof if the party wants and recognize the signature on the deed agreement under the hand that had terlegalisasi by Notary.Keywords: Legalization; Deed; Notary. ]]>
<![CDATA[Land Rights Dispute Resolution Through Mediation Process With Involving Third Parties For Buyers (Case Study In Blora District Land Office) ]]>
<![CDATA[Indra Kurniawan]]>;
<![CDATA[Umar Ma’ruf]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4255
<![CDATA[The purpose of this study was to: 1) To analyze the role of a third party as a buyer in the resolution of land disputes in the District Land Office Blora 2).To analyze constraints and solutions in the settlement of land disputes by mediation in Blora District Land Office.The research method approach used by the authors is empirical juridical approach. Specifications research using analytical descriptive. The data used is data qualitative, while the data collection techniques used were interviews and literature.From the research we concluded that 1) A third party that acts as a creditor with good intention to buy the land on which the object is helpful in resolving issues of conflict between the parties, so that the conflict can be resolved without going through the litigation. 2) Obstacles encountered in the process of mediation in Blora district land office the address of domicile of the parties is less clear, the willingness of the parties to attend mediation, the emotions of the Parties and the willingness of the Parties to resolve the conflict by peaceful means. Notice mediation may be submitted to the village chief residence of the parties. Mediators should create an atmosphere of calm, relaxed but focused on the purpose of mediation.Keywords: Mediation; The parties; Barriers; Solutions]]>
<![CDATA[Islamic Banking Judicial Review In Accordance With Sharia Principles ]]>
<![CDATA[Muhammad Fahrudin]]>;
<![CDATA[Denny Kusuma]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4249
<![CDATA[Islamic financial institutions, in particular of Islamic bank, is a bank that has Islamic principles in running their business which is always accompanied with the rules of Islam, both the Qur'an and Al-Sunnah. The presence of Islamic banks was greeted positively by the state to pass a law number 21 of 2008 concerning Islamic banking. But sometimes in practice the efforts of Islamic banks does not correspond with what is expected, such as the occurrence of new disputes in which the case can not be resolved by referring to the Quran and Al-Sunnah, then it is the law here which will be instrumental to run this authority as to bridge when the cases are a little tricky. In this study, the authors take issues related to Islamic banks, about how principles of Islamic banks to appropriate Shari'a and law, and as to whether the settlement of disputes in Islamic banks, this is because there are many people who are unfamiliar related to understanding the principles of Islamic banks, so expect the fore capable a reference and material considerations in understanding Islamic banking. Keywords: Judicial Review; Islamic Banking; Dispute Resolution.]]>
<![CDATA[Politics Law On Notary Provision Obligation to Implement Principles for Recognizing User Services (PMPJ) ]]>
<![CDATA[Hasrul Hasrul]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4244
<![CDATA[This study aimed (1) to determine the relevant arrangements Principle Recognizing User Services, (2) To know the laws granting political liability to the Notary to apply the principle Recognizing User Services.This type of research used by the author is a normative law research. The type of approach used is the approach of law (statute approach), then analyzed using descriptive qualitative analysis.This research resulted in (1) the enactment of Act No. 10 of 2010 on the Prevention and Combating of offense of Money Laundering and Act No. 9 of 2013 on the Prevention and Eradication of the Financing of Terrorism, is a cornerstone of the principal legal for the application of the principle of Identifying Users services and reinforced by Government Regulation No. 43 Of 2015 on the Reporting Parties under the Prevention and Combating of Money Laundering. (2) Political granting legal obligation to apply the principle to the Notary Recognizing User Services is to assist governments to combat money laundering. This is because it turns out in addition to utilizing the financial institution, the money launderers also use certain professions in which the relationship between the professional and his client confidentiality is protected by law or code of conduct.Keyword: Liability Notary; Money Laundering; Principles Recognizing User Services (PMPJ).]]>
