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[Implementation Role Of Notary Deed Incorporation Of Foundation Making Based On Act No. 28 Of 2004 Regarding The Foundation In The Jepara District ]]>
<![CDATA[Kanzu Khirzul Yaman]]>;
<![CDATA[Tasmo Tasmo]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5018
<![CDATA[The purpose of this study was to: 1) To determine the role of the Implementation of the notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara. 2) To know the difficulties and Solutions faced a notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara.Method approach used in this research is a normative juridical approach. Specifications descriptive analytical research. Types and sources of data using secondary data and primary data as well as the use of primary legal materials, secondary law and tertiary legal materials. The collection of data through library research and field study. Qualitative data analysis and deductive.Based on the results of data analysis concluded that: 1) The role of the notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara includes three important things, namely, to explain the terms of the deed establishing the foundation to the founder of the foundation, make certificates of establishment, then submit the ratification to the Minister of Justice and Human Rights. 2) Barriers and Solutions encountered in the manufacturing notary deed of incorporation of the Foundation under Act No. 28 of 2004 on the foundation of Jepara is in the maintenance of the terms of the deed establishing the foundation has not completed such as TIN foundations as well as the identity of the parties is not an e-ID card, the solution is certainly advise coaches / administrators to quickly gather the requirements in the manufacture of its founding act.Keywords: Implementation; Notary Deed; Role of Establishment Foundation]]>
<![CDATA[Implementation Of Complete Systematic Land Registration (PTSL) In The Village Of Tanjungharjo, Ngaringan Sub-District, Grobogan District ]]>
<![CDATA[Edo Iranda Novatama]]>;
<![CDATA[Umar Ma’ruf]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5107
<![CDATA[The purpose of this study was to: 1) To determine and analyze Systematic implementation of the Complete Systematic Land Registration in Village of Ngaringan, Tanjungharjo Subdistrict, Grobogan District 2) To identify and analyze the obstacles faced in the Complete Systematic Land Registration in Village of Ngaringan, Tanjungharjo Subdistrict, Grobogan District. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by sociological methods.Based on the results of data analysis concluded that: 1) Implementation of PTSL by adjudication teams dominate in their respective fields in their duties, their dexterity of team officials adjudication PTSL in performing their duties which is always ready to be in place basecamp / office Adjudication Team in terms of running activities, the cooperation with the village as well as their facilities and infrastructure such as the computerized system so that it becomes a factor that support the implementation of land registration through PTSL program. Rural communities in the program areas PTSL responded well and was very happy to participate as the program participants as evidenced by the demand from the public to register as a participant PTSL program that exceeds that of the set target. 2) Obstacles that occur in the field, among others, lack of knowledge of the importance of data collection for the certificate issuance process, so people tend to underestimate completeness impressed application file such as ID cards and SPPT (Income Tax Payable). In addition proof of ownership of the land acquired is minimal, so that the necessary statements and testimony. Then the location of Block SPPT on the rights object not fit image map Ricikan Block PBB Layout object existing rights in Block SPPT incompatible with image map Ricikan Block PBB, making it difficult for the task force juridical data collectors in determining the location of the object that right.Keywords: PTSL; Implementation; Obstacles.]]>
<![CDATA[Juridical Review of Notary Role in Fiduciary Insurance in PT. Andalan Finance Indonesia (Nasmoco Credit) Semarang ]]>
<![CDATA[Nurcahyo Pratomo Widodo]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5091
<![CDATA[The purpose of this study was to analyze: 1) Implementation of the agreement with the Fiduciary PT. Andalan Finance Indonesia (Nasmoco Credit) Semarang. 2) The role of the Notary in the Deed of Fiduciary Manufacture PT. Andalan Finance Indonesia (Nasmoco Credit). 3) Obstacles and solutions in the manufacture of the Deed of Fiduciary PT. Andalan Finance Indonesia (Nasmoco Credit) Semarang.This research is research with empirical juridical approach. Specification of the research is descriptive. In this study, researchers obtained the primary data sources through interviews and field research object of research Nasmoco Credit and Notary in Semarang. The secondary data obtained through literature.The research results are: 1) Implementation of the agreement with the Fiduciary PT. Andalan Finance Indonesia (Nasmoco Credit) Semarang starting from the stage financing request of consumers, the application review consumer financing, the stages of recommendation, preparation of contract documents, disbursement of consumer financing, the stages of the agreement, the stages of the determination of insurance, the imposition of fiduciary, a deed to the notary and registration of fiduciary to fiduciary office. 2) The role of the Notary in the Deed of Fiduciary Manufacture PT. Andalan Finance Indonesia (Nasmoco Credit) Semarang is a Notary role in making authentic deed in the form of fiduciary deed in accordance with the provisions of the legislation as well as the notary office. 3) Barriers perceived by the notary that there are no obstacles for the data and procedures required by the notary had been prepared in full by both parties to undertake the financing agreement. This makes the notary does not have a bottleneck in the fiduciary deed. But for the problems in case of default Credit Nasmoco the path of deliberation, billing, administration subpoena or warning and the last way is a claim to court if there is no response from the Debtor.Keywords: Fiduciary; Agreements; Credit]]>
<![CDATA[The Dispute Settlement over the Ownership of a Double Certificates in Cirebon District Land Office ]]>
<![CDATA[Bayu Nuraulia]]>;
<![CDATA[I Nengah Sugiarta]]>;
<![CDATA[Djauhari Djauhari]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5116
<![CDATA[Birth of the Law of the Republic of Indonesia Number 5 of 1960 on Basic Regulation of Agrarian (BAL) has brought about significant changes in the world Indonesian land. BAL and a set of implementation regulations are expected to provide legal guarantees for the rights holders on the ground. But in fact the land can not be separated from problems, one of which occurred in Cirebon is the emergence of multiple certificate which led to the dispute. Here will be explained the factors that led to the emergence of a double and a certificate of completion method of dispute. To the authors do research with sociological juridical approach that combines literary and legal material facts obtained in the field through interviews. From these studies obtained answers that the emergence of double certificates can occur due to external factors and internal factors. For that matter, BPN trying to find a way out with the mediation. But if it does not receive the meeting point, the parties can file a lawsuit in court.Keywords: Dispute; Double certificates.]]>
<![CDATA[Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law ]]>
<![CDATA[Agil Aladdin]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5097
<![CDATA[This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does not become heir of adopted parents. In Gazette No. 129 Of 1917. In Article 5 through Article 15. The position adopted child found in Article 12 to equate a child with a legitimate child of the marriage of the lift. According to the Civil Law for the adopted child the same as for biological children. While in KHI adopted children get as much as 1/3 of the estate left by his adoptive parents (Article 209 KHI) exception has been assigned the consent of all the heirs.Keywords: Heritage; Adopted; Testament.]]>
<![CDATA[Notary Authority In Establishment Of Limited Liability Company (PT) In The Online Single Submission In Pekalongan City ]]>
<![CDATA[Fathiyya Haura Geviana]]>;
<![CDATA[Yusuf Abdurrohman]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5684
<![CDATA[The purpose of this study was to: (1) identify and analyze the authority of the Notary in the establishment of a Limited Liability Company (PT) in the system Online Single Submission (OSS), (2) To overcome the barriers and solutions within the competence of notaries in the establishment of a Limited Liability Company (PT) in the system online Single Submission (OSS). The method used in this study is a sociological juridical research, specification used in this research is descriptive analysis, which analyzes the problem using the theory of legal certainty and the theory of expediency.Based on the research results can be concluded that in the establishment of Limited Liability Notary actual authority to do before the establishment however, Notary actual authority to do before, during and after the Company was established. Mechanisms to establish a business in the Online Single Submission system (OSS) for a limited liability company (PT). The first step to be able to apply for a business license through the OSS is a deed of establishment of PT and obtain ratification decree. Deed numbers and numbers ratification decree issued by the Directorate General of General Legal Administration (AHU) Kemenkumham will be entered into the OSS system. The process of filling the deed numbers and SK only when the data PT of AHU yet connected. This may happen given the current process of migrating data from the Directorate General of AHU to OSS is still ongoing. If the migration process is 100% complete, then manually enter no longer need to be done.Keywords: Notary Authority; Limited Liability Company; Online Single Submission (OSS)]]>
<![CDATA[Application Of The Principles Of Insurance Law In Fire Insurance Agreements On Credit Guarantees Attached Object Security Rights ]]>
<![CDATA[Rois Harliyanto]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5034
<![CDATA[The purpose of this study were 1) to know application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights, 2) To know the weaknesses in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights.Approximation methodused is a normative juridical research that refers to the theories, doctrines, norms, principles, rules relating to matters pertaining to insurance law. The nature of this research was analytic descriptive depict or describe the facts with the implementation of analytical and systematic.Based on this study concluded that 1) Application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights are concerned principle consensual taken from one of the terms of agreement, namely the agreement of both parties. People can not be forced to give agreement. Agreed given by force is a contradiction interminis. Coercion indicates the absence of agreement that may be performed by other parties. The deal gives the option to the parties, to agree or disagree bound by a treaty with legal consequences. 2) A weakness in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object encumbrance is Risk Coverage and Exclusions goods insured.Keywords: Principles of Law; Insurance, Agreements; Fire; Collateral Loans; Mortgage.]]>
<![CDATA[Juridical Review Process Completion Code Violation of Notary ]]>
<![CDATA[Eli Tri Kursiswanti]]>;
<![CDATA[Yeremias Tony Putrawan]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5108
<![CDATA[The purpose of this study were 1) To explain the juridical review process completion code violation of notary, 2) To explain the process of resolving the obstacles and solutions notary code violations.The methods in this research is juridical-empirical approach. Judicial approach used to analyze a wide range of laws and regulations related to the implementation of sanctions for violations of the code of conduct notary, In this study, then this kind of research will be a descriptive analysis that describes, depicts or expressessanctions for violations of the code of notary conduct.Based on the results of this study concluded that 1) Notary is a public official who has the authority to make an authentic deed as an evidence that has the strongest evidence in civil law. Notary profession in practice arranged in a special instrument that Notary Code. Not with standing remains a violation of Notary Code. These violations need to be enforced to ensure legal certainty for citizens. 2) The obstacle is the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping provisions of the code of conduct between the supervision of the Honorary Board and the Supervisory Council of Notaries. In an effort to prevent and reduce the occurrence of violations of the Code notary in Depok then the WCA Board and the Supervisory Council of Notaries to guidance, supervision, guidance and counseling. Included in providing strict sanctions as part of the coaching. Doing awards (reward) and punishment to the Notary in implementing the Notary Code provisions.Keywords: Judicial Review; Settlement; Breach; The Code; Notary.]]>
<![CDATA[Juridical Study of Application of Land Based Grants for Children under Age (Minors) In Purwokerto City ]]>
<![CDATA[Kusdyastuti Pratiwi]]>;
<![CDATA[Boma Wira Gumilar]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5089
<![CDATA[The purpose of this study was to identify and analyze: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto. 2) Barriers to Land Rights Application Process. 3) solution or an attempt to overcome barriers that arise in the Land Rights Application Process Based Grants for Children Under Age in Purwokerto.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive and qualitative analysis.Results of the research can be concluded: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto are filing a trust, do grant agreement, made a grant deed in front of PPAT. To get the grant deed, PPAT Purwokerto provide the terms of a document that must be completed. Furthermore PPAT within a period of seven (7) days after the grant deed signed certificates are required to submit the following relevant documents to the Land Office to be registered switchover rights. 2) Barriers experienced from the Land Deed Official (PPAT) is data required SVTO not exist, it can happen PPAT delay the process to wait until the publication of SPPT of the UN office. In the Land Office, Officers from the land office convoluted in keterangannnya. The resistance of the people or the Applicant is the difficulty in the process of application for registration which is due to a lack of public knowledge about the registration of land. 3) The solution or an attempt to overcome barriers that are PPAT could short SVTO asked for a letter to the UN office, to the Land Office can provide public education related to easy and the importance of land registration. For the public to be more active in seeking information about the application process transition of land rights.Keywords: Grant; Children under Age; Certificate of Land.]]>
<![CDATA[The Judicial Review Of Deed Creation And Validation Process Of Limited Liability Company On Ahu-Online Application System ]]>
<![CDATA[Antonia Irawan]]>;
<![CDATA[Fakhrul Wildan]]>;
<![CDATA[Setyawati Setyawati]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5104
<![CDATA[The purpose of this study are to: 1) To Detect and deploy Analyzing the Accuracy and Validation Process Limited liability company Incorporation in AHU-Online system. 2) To Know and Analyzing Barriers happened and find solutions to overcome barriers Proper case Barriers to AHU-Online System in the Process of Approval of a limited liability company (PT). The data used in this research is secondary data, which includes Legal Materials Primary, Secondary and Materials Legal Materials Tertiary Law to support the assessment which is then analyzed by Empirical Juridical approaches do with the fact that there in Practice In the field. This approach is also known by the Sociological approach made directly to the field.From the results of data analysis concluded that: 1) Accuracy and Validation Implementation in the Process of Establishment of a Limited liability company in AHU-Online system, according to the provisions of Article 9 UUPT that in order to obtain a Ministerial Decree on Approval of the Company Law Board, submitted through Online by Electronic AHU to the Minister. 2) Obstacles and Solutions in case the system is AHU-Online in the Process Ratification of a limited liability company, if it is proven the person doing the transaction was not competent law to conduct a transaction and a violation of the requirements of a particular case, and Abuse Terms of a For Halal, the Treaty of Establishment of Company can be canceled. In case of violation of the contents of the Agreement Establishing a company, it can do some act of law. If arises a problem of law and based on the Article 16 Paragraph (1) of Act No. 48 Of 2009 concerning Judicial Authority, that the court may not refuse to Check, Passing and Terminate and Judges shall Digging, Following and Understanding the Values of Law and Sense of Justice living in the community.Keywords: Judicial Review; Limited Liability Company; AHU-Online.]]>
