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[Legal Analysis on Status as A Co-Defendant Notary in Dispute of Gather Treasure (Case Study in The Court of Ungaran District No: 105 / Pdt.G / 2016 / PN.Unr) ]]>
<![CDATA[Rudy Iskandar Ichlas]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5035
<![CDATA[Authentic Deed is not solely determined by the law but must also be made before a public official even though the parties have signed. Pernasalahan formulation of this research: 1. How plaintiff legal reasons related to the notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr ?, 2. What legal consequences for the Notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr. In conclusion: 1). Position Anief Ratnawati, SH, Notary / PPAT in Ungaran as Co-Defendant extremely detrimental due to the lack of legal certainty as Co-Defendant and One goal (error in persona). Hence proved their obscuur libel and Error In Persona judge shall include in its decision to declare the judgment can not receive (NO: Niet ontvankelijk verklaard) lawsuit plaintiffs, 2). Anief Ratnawati, SH. as a Notary Public who is drawn into the dispute be imprecise Co-Defendant not authorized in terms of time (Onbevoegdheid ratione Temporis) and violates the principle of legality and the principles of civil law as private law. On the other hand the plaintiff proved to be an inheritance dispute within the competence of religious courtsKeywords: Legal Analysis; Notary; Co-defendant; Dispute; Gather Treasure.]]>
<![CDATA[Law On Notary Engaged Omissions In Deed Minuta Storage Under Law Number 2 Year 2014 Concerning The Position Notary ]]>
<![CDATA[Iin Kamila]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Yudhi Atmaja]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5087
<![CDATA[The purpose of this study was to: 1) To know and analyze the enforcement of the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. 2) To know and analyze what are the obstacles and solutions in enforcing the law against the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Keywords: Law Enforcement, Negligence Penyimpana, Minuta Deed]]>
<![CDATA[Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary ]]>
<![CDATA[Devi Nindy Lestari]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5061
<![CDATA[The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.]]>
<![CDATA[Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage ]]>
<![CDATA[Muhammad Madih]]>;
<![CDATA[I Dewa Putu Gede Anom Danujaya]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5028
<![CDATA[Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.]]>
<![CDATA[Protection Analysis Of Third Parties Of Principles Droit De Suite In Execution Of Rights Liability ]]>
<![CDATA[Serly Nurnaningsih]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5092
<![CDATA[This study discusses the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights and the solution.Protection of third parties from the principle of droit de suite in the execution of Underwriting Rights, among others, registration of Underwriting Rights to fulfill the principle of publication, announcement of auction sales in execution of Underwriting Rights and prohibition of auction of third party property. The problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, namely protection of third parties is not direct protection because third parties are not parties to the Underwriting Rights Agreement or do not have a direct legal relationship with the Mortgage Agreement To overcome this, it can be done by involving third parties related to the Underwriting Right object in the Underwriting Agreement.Keywords: Protection; Execution; Mortgage Rights; Third Party.]]>
<![CDATA[Comparative Roles and Notary Responsibilities in Indonesia and Timor Leste ]]>
<![CDATA[Carolina Da Cruz]]>;
<![CDATA[Arif Rachman Wahyu Wicaksono]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5021
<![CDATA[The purpose of this study were 1) To explain the role of the notary and responsibilities similarity in Indonesia and Timor Leste, 2) To explain the different roles and responsibilities of notaries in Indonesia and Timor Leste. The approach I use in the preparation of the writing of this legal research is a normative legal research, as in the study of law conceived as normative regulations and as written norms created and promulgated by an agency or by the competent state authorities. This research is descriptive research that aims to paint a picture of the state of things on certain areas and at certain times. Based on the results of this study were 1) Equation notary's role and responsibilities in Indonesia and Timor Leste. In Indonesia since 2004 has passed a law concerning Notary. But in Timor Leste began in 2009 Decree-Act No. 24/2009, dated August 26, set political guidelines for Timor-Leste's notary system and assigning to the Government the responsibility to set political guidelines specified in this legal diploma. 2) The different roles and responsibilities of notaries in Indonesia and Timor Leste. On the side of this difference can describe that, it is a rule that is very effective to help the public in understanding the roles and responsibilities of notaries in force in the country, especially in Indonesia is quite effective in establishing the truth related to his profession.Keywords: Comparison; Roles; Responsibilities; Notary.]]>
<![CDATA[Procedure for Obtaining a Certificate of Title to the Land in the Semarang: Case Study in the National Land Agency Semarang ]]>
<![CDATA[Niken Windy Ika Pratiwi]]>;
<![CDATA[Munawwarah Munawwarah]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5029
<![CDATA[The background of this thesis-making by the problems that occur in the community, where people are still not or do not understand the procedures milik.Terbukti acquire rights to their land dispute or a state-owned building that happened because the people who inhabit this land are not applying for property rights and feel that the land itself. Scription this is made so that people understand about the procedures for securing property rights. Results: (1) Procedures of obtaining the certificate is property rights on state land through the National Land Agency, is generally set in the norm of the Minister of Agriculture No. 9 of 1999 on Procedures for Granting and Cancellation of State Land Property Rights and Rights Management. In Article 19 paragraph (2) BAL consisting of: bookkeeping land, registration of property rights, transfer of land rights, granting letters of proof of receipt of rights, (2) Barriers and solusiyang arising from applicant in the application process right (external): lack of accessories the proposed requirements of the applicant, not terselesainya application fee, the land dispute would be applied. Barriers arising from the Office of the (internal): lack of personnel in the service of the applicant carefully situations, employees who lack discipline, negligence of officers in performing their duties. Solution resistance of the applicant (external): more thoroughly before entering the application requirements, before making an application should first ask for details of funds in the process of granting the right, please check whether the land is in sengeketa or not. Solution barriers of Office (internal): officers should be more responsible in performing their duties, and provide a deterrent effect to employees who are lazy in performing their duties.Keywords: Procedures; Certificate of Property Rights; State land.]]>
<![CDATA[Notary Role In Making Cooperation Deed Based On Act No. 25 Of 1992 On Cooperatives In The Kudus District ]]>
<![CDATA[Davit Hari Sanjaya]]>;
<![CDATA[Wilmar Ibni Rusydan]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5007
<![CDATA[The purpose of this study are to: 1) To determine and analyze the role of the Notary In Making Cooperative Deed Based on Act No.25 of 1992 on Cooperatives in Kudus District, 2) To determine the barriers and solutions with other legal regulations. The data used in this research is the primary data secondary data to support the assessment, which is then analyzed by socio-juridical.Based on data analysis concluded that: 1) The results of this study indicate Notary Role In Making Deed of Cooperative Members ie till Endorsement Process Deed by the competent authority, the Minister, the Act is used in the manufacture Cooperation Deed is the Act No.25 1992. the role of the Notary in making Cooperation Deed stipulated in the Decree of Minister Number 98 / KEP / M.UKM / IX / 2004, in addition to the Basic Law Firm ratification process Cooperatives, Government Regulation No. 4 of 1994 on the Terms and Procedure for Approval of Amendment to Articles of Incorporation Deed Basics Cooperative, and Regulation No. 01 Of 2006 that is on Implementation Guidelines for the Establishment, Approval of establishment and amendments of the Cooperative. 2) There are several notaries who are new that have not signed up to become a Notary Deed Official Land should Notary new one immediately enroll into NPAK, in the manufacture of Cooperation Deed Notary still ask for services to prospective Cooperative who can not afford, while at Law Notary is not mandatory enlist the services with the provisions of the Cooperative it was completely incapable and must have a letter from the Village, the reason besides pembuatanya complicated and lengthy the Notary still ask for services but the cost at most minimal, a notary is excluded by the founder and the Department of Cooperatives in meetings of formation, so that each holding Formation meeting cooperative cooperative Division move itself without the presence of a Notary, the Notary should be invited in the meeting included joint founder of the cooperative Formation, in the execution of the Deed of cooperatives, making the slowest period of 3 months and the fastest 7 working days.Keywords: Notary Role; Deed Making; Cooperative]]>
<![CDATA[Implementation of Government Authority of Semarang City On State Land Tenure (Case Study in Kebonharjo village of Tanjung Mas) ]]>
<![CDATA[Ahmad Yahya]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5015
<![CDATA[The purpose of this study was to: 1). To analyze the implementation of goverment authority Semarang to State land tenure. 2). To analyze the weaknesses of the implementation of goverment authority Semarang to State land tenure. 3). To analyze the solutions of the weaknesses of the implementation of goverment authority Semarang to State land tenure. This research uses empirical research with the sociological approach. Collecting data using primary legal materials and secondary data were collected through observation, interviews and studies of legal documents. Data analysis is done qualitatively, what respondents expressed orally or in writing, and their actual behavior are researched and studied as a part of the whole.Based on the results penelitaan, then obtained some results conclusions; (1). Implementation of Semarang city government authority does not comply with the authority is in this regard is the acquisition of state land that the land is basically controlled by or under control of juridical by PT. KAI and an asset of Ministry of Finance. (2). Weaknesses of implementation of goverment authority Semarang toward mastery of state land that is;First an error in exercising authority and policies implemented by the previous Mayor with the Chief Daop IV Semarang. Both lack of legal certainty over the ownership rights to the land, so that their certificates canceled citizens of the State Administrative Court which considered disabled Semarang administration. Thirdly absence of justice and legal protection against their certificates of citizens, so that between PT. KAI and residents to date on the status of each claim ownership of the land. (3). The solution of the weaknesses that arise in the implementation of goverment authority Semarang toward mastery of state land that is; Semarang city government first sought mediation between citizens and PT. KAI. Both governments Semarang to seek their compensation from PT. KAI to citizens affected. Semarang three governments seeking their relocation and providing temporary shelter for residents.Keywords: Implementation; Government Authority; State Land.]]>
<![CDATA[The Role Of Land Deed Official (PPAT) In Application Of Transfer Function On Agricultural Land To Be Non- Agricultural In Tegal (Certificate Study Of Ownership Right Number 998 / Pakembaran) ]]>
<![CDATA[Mochammad Yefrie Dwi Oga]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5064
<![CDATA[The purpose of this study was to determine: 1) The role of the Land Deed Official (PPAT) in registration of rights to land conversion of agricultural to non-agricultural to residential in Tegal. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential in Tegal. 3) Obstacles and solutions of conversion rights over agricultural land into non-agricultural to residential in Tegal. This study uses empirical juridical approach or socio-legal research. Data collected through literature, observation and interviews. Based on data analysis concluded that: 1) The role of PPAT in enrollment over the function of rights over agricultural land into non-agricultural to residential houses which provide information on the law relating to the procedure of land conversion and registration of land rights after deters conversion and the making of letters or deeds relating for their particular legal acts such as the breakdown of plot, behind the name, as well as buying and selling land. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential implemented through several stages of the formation of the assessment team, the assessment of land use change object, the trial of the determination, the recommendations and the issuance of a decision on approval of land use changes. 3) Obstacles and solutions in the conversion of agricultural land rights into non-agricultural to residential namely population growth, land agricultural diminishing and changing the status of land use. The solution in the conversion of rights over agricultural land into non-agricultural to residential houses of government is more emphasis on the rules on agricultural land and non-agricultural order later on agricultural land does not decrease faster than society itself should be aware of the importance of agricultural for food security community own.Keywords: Notary / PPAT; Role; Registration; Transfer Function; Land.]]>
