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Jurnal Akta
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
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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Articles 23 Documents
Search results for , issue "Vol 6, No 4 (2019): December 2019" : 23 Documents clear
The Role of the Notary in the Credit Agreement with Mortgage Guarantee (Case Study in the Bank Tabungan Negara (Persero) Tbk) Amalia Chusna Chusna; Jawade Hafidz
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7668

Abstract

The purpose of this study was to: 1) Analyze determine and analyze the role of the notary in the completion of the loan agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 2). Analyzing the causes of a default in settlement of loans with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 3) Analyze the settlement of disputes in the credit agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk.This research is a field research or empirical research with sociological juridical approach. Sociolegal research done by researching in the field (field research) by means of interviews with respondents who are the primary data and researching library materials is a secondary data and also referred to the research literature. Analysis of data using Qualitative analysis.The research results are: 1) Task, responsibilities and authority of the Notary is a deed of credit agreement requested by the bank based on information that is clear, to legalize the deed of credit agreement, and is responsible for the correctness, accuracy, completeness of documents, provide counseling to clients / debtors , conceal the identity of the debtor's creditors, enter into a deed of the District Court registry book. 2) Notarial acts as a public official entitled to a deed of credit agreement. And provide legal certainty for the parties to the credit agreement. Besides the role of the Notary as well as the authorities to check against collateral in the form of Encumbrance to ascertain whether goods such guarantee was legal or not, or to avoid if there is a possibility in the collateral Mortgage were made in the warranty is still disputed law or case law. 3) Barriers faced by a Notary is a lack of understanding on banking borrowers, thus providing an explanation to the parties concerned to a mistake in making the agreement can be minimized.Keywords: Deed; Loan Agreement; Encumbrance.
The Implementation of Complete Systematic Land Registration (PTSL) Which the Transfer of Rights of His Land Not Using PPAT Deed (Case Study in National Land Agency of Grobogan) Reni Widayanti; Jeifson Sitorus; Gunarto Gunarto
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7592

Abstract

Registration of land as a form of implementation of the government's obligation to guarantee legal certainty and the protection of land ownership. The purpose of this research are: 1) To analyze the Complete implementation of Systematic Land Registration in Grobogan. 2) To analyze barriers that occur in the Implementation of Complete Systematic Land Registration in Grobogan. 3) Analyze solutions to the obstacles to the full implementation of Systematic Land Registration in Grobogan. This study using sociological juridical approach namely a study conducted in depth against the reality-a reality that exist within the community and surrounding environment for the purpose of finding facts there and then will discuss the problems that exist.Based on the results of data analysis concluded that that There are several stages in the implementation of location determination PTSL among other things, education, the establishment of the adjudication committee, the announcement of physical data and juridical. In the implementation of PTSL there are several barriers among others are plots of land still in dispute, plots the subject is still not clear, less pro-active society and other but officials PTSL seeks to overcome these obstacles with solutions that are effective in order stand on PTSL program is going well and smoothly in the interests of the general public.Keywords: Complete Systematic Land Registration; Without PPAT Deed.
Setting the Effectiveness of Law Position and Code Notary to the Quality of Performance M. Indah Verena Ferdiyanti; Dwi Fahri Hidayatullah; Amin Purnawan
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7887

Abstract

This study aims to determine the readiness of governments to regulate and promote the performance of the notary through UUJN and implementation supervision performed by the Supervisory Council, how effective arrangements and Notary Code UUJN to the quality of performance of a notary. The writing method is based on the normative juridical research with a normative approach carried out by analyzing the material by reference to the norms of law - legal norms in the implementation of the code of conduct notary. The results of this study that the notary in carrying out its duties and responsibilities can not be separated from the code of conduct that has been set. But not infrequently the notary work outside their code of ethics. Actions that violate the code of conduct notary, such as signing a deed that is not done in the presence of a notary, a deed outside the office and a deed which is not in accordance with the provisions contained in Law No. 2 of 2014. This of course led to the violation of the law regarding the conduct of their duties. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out INI is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership.Keywords: Notary Act (UUJN); Notary Code; Indonesian Notaries Association. 
Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation Noor Handayani; Akhmad Khisni
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7578

Abstract

The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.
Legal Certainty Of Notary That Leave Because Inducted Into Legislature Wella Tiara Aginta; Akhmad Khisni
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7576

Abstract

The purpose of this study were 1) to analyze and explain the legal certainty of the notary who leave because inducted into the legislature. 2) To analyze and explain the barriers and solutions to the notary who leave because inducted into the legislature. The method used by researchers is normative legal approach and specification in this study were included descriptive analysis. The sources and types of data in this research is secondary data obtained from the study of literature. Based on the results of research that Legal certainty to the notary who leave because inducted into the legislature is always referred substitute notary replaced and the decree was not revoked. Normative, legal certainty it requires the availability of devices legislation which is operationally able to support its implementation. Empirically the existence of legislation that need to be consistent and inconsistent human resources and supporting Notary Supervisory Council. In the execution of a notary who leave because inducted into the legislative, which makes barriers in this issue, namely: a) Could not intensively guiding the deed made by the notary substitute; b) Can not make corrections formal and substantive evidence against the deeds were made but the name remained imprinted substitute notary; c) Can not guarantee against legal certainty to the deed made by the notary substitute; d) Can not / are not able to use the time off was good. Solutions to overcome barriers to notaries who leave because inducted into the legislature is to reinforce the requirement for nominating a member legislative, not just for not practicing (on leave) but with resignation as a notary or PPAT and release all the attributes (nameplate, office practices, and so on ).Keywords: Rule of Law; Notaries; Leave; Legislature.
Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury Ailina Rahmanita Fauzi; Iin Khaeriyatun Ni'mah; Sri Endah Wahyuningsih
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7581

Abstract

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False
COLLECTION OF NON TAX STATE REVENUE (NON-TAX) IN THE SALE OF LAND BY LAW NO. 9 OF 2018 IN THE OFFICE OF NATIONAL LAND AGENCY SEMARANG CITY Kirana Asmitha Dewi; Maryanto Maryanto
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7886

Abstract

The purpose of this study was to: 1) To determine the form of non-tax state revenues (non-tax) in the transfer of land rights under Act No. 9 in 2018 at the National Land Agency of Semarang. 2) To determine the barriers and solutions in implementing the collection of non-tax state revenues (non-tax) in the National Land Agency of Semarang In the transition of land rights. The data used this research is primary data, secondary data, and data that can support tertiary study, which is then analyzed by the method of empirical juridical approach in this research means is that in analyzing the problems made by combining the ingredients of the law (which is a secondary data) with the primary data collected in the field is about voting Non Tax Revenue Office Bada National Land Semarang city. This approach is implemented by conducting direct research of the respondents and narasumbr in the field with the aim to collect objective data, which is referred to as primary data.Based on the results of data analysis concluded that: 1)Lodging Tax State Revenue for the transfer-usually collected through intermediaries Deed Official Land (PPAT), although the edges remain submitted to the National Land Agency, and it could have been through a formula or a look of Value Zone Land is there, but at the time of calculation Land Deed official typically does not have any land value zone or commonly called Zoning Value of Land, it is estimated only through the ground's Value Zone only. Because all for the sake of security clien to avoid underpayment. And with the Non Tax Revenue This brings several benefits to the State, the institutions and the community itself. 2) With the non-tax state revenue has not run optimally, so there must be some rules and systems are modified so that it runs with optimal collection.Keywords: Non Tax Revenue; Transfer of Rights to Land; Buy and sell.
Effects for Land Deed Official (PPAT) in the Sale and Purchase Agreements of Land Which Does Not Match With Procedure of the Land Deed Making in Magelang Sahudi Sahudi; Akhmad Khisni
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7634

Abstract

The purpose of this study was to analyze: 1) The forms of the deed of sale of land that is not in accordance with the procedures of the Land Deed Manufacture in Magelang. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures of the Land Deed Manufacture in Magelang. 3) The legal consequences for the Land Deed Official (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in Magelang.This research is normative juridical approach, the sociological juridical approach. The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.The research results are: 1) The forms of the deed of sale of land that is not in accordance with the procedures Making Land Deed in Magelang among which the sales and purchase agreement by the parties do not before PPAT who signed the deed of sale (deposit certificate), signing not done in the same time in front of PPAT, the transaction price values contained in the deed of sale is different from the actual transaction value. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures Making Land Deed in Magelang, namely the existence of a situation which requires PPAT to manufacture the deed of sale that is not in accordance with the procedures deed PPAT is needed in order to save a sale and purchase transaction , their high trust between the parties with PPAT, a factor the value of security be so PPAT would follow the wishes of the parties. 3) The legal consequences for Deed Official Land (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in the district of Magelang is PPAT be dishonorably discharged from his position, may be subject to administrative sanctions and fines in accordance with the regulations applicable.Keywords: Sale and Purchase Agreements; PPAT; Effects.
Code Enforcement Of Sanctions For Notary Who Having Multiple Offices Abiem Pandya Prasojo; Anis Mashdurohatun; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7639

Abstract

In every office attached to someone will be accompanied by moral rules called code of ethics as well as the notary office. Code of conduct notary entire moral code is determined by the association organization "Indonesian Notary Association" (INI), where applicable, and must be obeyed by all members of the association as well as others who have positions of notary. Notary is necessary to know and understand the code of conduct notary. This code of conduct govern all actions of what can be regarded as a violation of the code of conduct and what sanctions if violated the code of conduct. In practice, a notary public notary supervised by the board of trustees. This oversight is necessary so that the notary did not ignore the majesty and dignity of the profession.The method used in this research is normative. The data used are primary data and secondary data. Primary data in the form of research conducted in the field related to the object of research and data secondary, namely in the form of legislation, library, archives, expert opinions and regulations associated with the object of research.Discussion of the results shows that the sanction of conduct for notaries who have multiple offices are in violation of the code of conduct notary office. based on the above factors, it is important to know what is an indication of an offense involving the notary in the notary office area coverage authorized by a notary office code of ethics. Should the effort of the board of trustees for providing information about the code of conduct for all notaries to avoid misunderstandings about the ban notaries and exclusion. Therefore the role of the board of honor in the enforcement of the code of ethics notary must be implemented properly and in accordance with the applicable rules.Keywords: Notary Code; Honor Council; Office of the Associate; Notary.
THE ROLE AND RESPONSIBILITY OF A NOTARY TO CANCELLATION OF THE DUE TO THE WILL HAS BEEN DONE Muhammad Hakiki Dharmawan; Lathifah Hanim; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7971

Abstract

The purpose of this study as follows: 1) To analyze and clarify the roles and responsibilities towards the cancellation of a notary deed will have been made before. 2) To analyze and explain the obligations to be performed by a notary deed after the will was made. 3) To analyze and explain the responsibilities of a notary deed will made beforeThe research method used is juridical Normative and specifications in this research include descriptive.Now the sources and types of data in this research is primary data obtained from field studies and interviews. And secondary data obtained from the literature. Based on the results of research thatThe role and responsibilities of a notary to act that is canceled if one party has been in default and notaries have met the terms of a formal deed, the notary is not responsible or may not be deducted on the cancellation of the deed. Shall notify all acts of will (testament acte) made to the Central Register of Wills Section (DPW) and Universal Heritage (BHP) both open testament (openbaar testament), written testament (olographis testament), as well as a closed or secret testament. If the act of will (testament ACTE) is not registered then it will not happen binding. Moreover, notaries are also obliged to report or inform one's will on a five (5) days of the first week of each month. If you do not report it, then the act is not applicable as authentic documents, or in other words the act is only valid as a deed under hand, can even be declared null and void. Responsibility of the Deed of Wills Made in front of him is a) moral responsibility, b) ethical responsibility, c) a legal obligation, consisting of two (2) terms: 1. In terms of formal 2. in terms of material. Act against the will (testament acte) made in front of him, read it in the presence of a notary is responsible for the witnesses.Keywords     :   Roles, Responsibilities, Notary Act, Wills

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