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[Notary Role In Agricultural Land Rent Agreement In The Village Of Tungu Godong District Of Grobogan ]]>
<![CDATA[Ani Hilyani Hilyani]]>;
<![CDATA[Tofan Alamsyah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.7873
<![CDATA[The purpose of this research are: 1) To determine the role of the Notary in the implementation of the agreement rented farmland in the village of Tungu Godong District of Grobogan. 2) To know the rental renting Agricultural Land In the village Tungu Godong District of Grobogan. 3) To know the constraints in the implementation of the lease meyewa farmland and the solution of these constraints. The method in this research sociological juridical This study is based on positive law in Indonesia and is based on existing practices in the community. So paties directly relate to both parties, including the people who do agricultural land lease agreement.Based on the analysis of this study concluded that the role of the Notary in the lease agreement of agricultural land is the agreement made before a Notary with the deed of lease agreement, the lease which is carried out in the village Tungu done by those who do the lease agreement in line of sight crushing price to be agreed , if it is agreed the lease agreement was publishes an agreement in the agreement, such as a lease, the lease payments. The obstacles in the process of leasing such as crop failure, it is also common pests and the solution of these problems are minimized losses by means of land rent farmers cultivating land in addition to the main cropping namely rice, do matcher other crops such as corn.Keywords: Role of the Notary; Rent Agreement; Land of Agriculture.]]>
<![CDATA[Juridical Study With Deed Of Under Hand Evidence Which Notarized In Completion Case In Court ]]>
<![CDATA[Eko Nurhanafi]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.8100
<![CDATA[This study aims to assess and analyze: 1). Notary form of responsibility for the validity of the deed under which legalized hand. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court. 3). The authority of the judge in dismissing deed under the hand that had to notarize a Notary.Research using normative juridical, The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.Based on the results of this study concluded that: 1). Notary form of responsibility for the validity of the deed under which legalized hand there is the certainty that the signature means certain that the signature was indeed the parties to the agreement and not others. It is said that because of legalizing the letter should be required to know the people who are signing an a way to see his ID such as Identity Card and others. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court that the evidence is perfect as an authentic deed. Deed under the hand that has obtained the legalization of Notaries has the strength of evidence was perfect, because the deed under the hand of the truth lies in the signatures of the parties. So with the recognition of such signatures, then the contents of the deed was regarded as an agreement between the parties. 3) The authority of judges to cancel the deed under the hand that had to notarize the notary is a judge can only do that if put to him a certificate as evidence. The judge on his own initiative may not make a decision without their deed as evidence written agreement.Keywords: Notary; Strength of Evidence; Deeds Under Hand]]>
<![CDATA[Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy ]]>
<![CDATA[Sutrisno Sutrisno]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.9453
<![CDATA[Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.]]>
<![CDATA[EXISTENCE OF NOTARY AUTHORIZATION DUE TO MAKING AUTHORIZED LOADING RIGHTS REVIEWED FROM LAW NUMBER 2 OF 2014 ABOUT NOTARY POSITION ]]>
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Satria Ardi Yana]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.9185
<![CDATA[In its development in terms of making the Deed of Granting Mortgage or APHT the debtor can not be present which is then represented by his representative, the consequences of the debtor's representative then the APHT must be made with SKMHT or Power of Attorney Imposing Mortgage Rights. The SKMHT is made by a notary public. But in its development based on Article 96 PMNA / Per.Kaban No. 3 of 1997 as amended by Regulation No. 8 of 2012 requires that the deed is made in accordance with the form or form made by the BPN or the Land Agency, even though it is clear that it has contradicted the provisions related to the deed according to Article 15 paragraph (1) of Law Number 2 of 2014 is not quite right, this is because The notary is authorized to make an authentic deed, not to make a letter, or fill in blanks, such as SKMHT where the manuscript is made by BPN. So it is clear that the current SKMHT has contradicted the provisions referred to in Article 15 paragraph (1) of Law Number 2 of 2014. The type of research in this writing is sociological juridical. The data collection techniques in scientific research is to use literature study techniques and direct interview studies with informants in collecting and compiling the data needed. This research is a descriptive qualitative analytical research which is a study with data analysis techniques in the form of describing, analyzing, explaining, and analyzing a legal problem that occurs.Keywords: Authentic Deed, Existence, Notary, Power of Attorney, Letter of Mortgage Right]]>
<![CDATA[Notary Role in Implementing Acquisition of Assets Debtors (AYDA) To Overcoming Bad Debt Settlement (Case Study at Banking Pati Regency) ]]>
<![CDATA[Hartini Hartini]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.7626
<![CDATA[The aim of research to determine: (1) Implementation of foreclosed assets by the Bank; (2) The role of the Notary in the Implementation of foreclosed assets; and (3) Obstacles and solutions in the implementation of foreclosed assets by the Bank. The data used in this research is secondary data in the form of primary legal materials, legal materials, secondary, tertiary and data.Based on the results of data analysis concluded that: (1) Implementation of foreclosed assets is done through voluntary surrender by the debtor, the auction of mortgage, and the legal process; (2) The role of the Notary in the Implementation of foreclosed assets through legal acts compensated by making the Sale and Purchase Agreements; and (3) Obstacles to the implementation of foreclosed assets derived from: (a) the debtor, the debtor does not happen because the credit cooperative in completing the stalled; (B) a third party, in this case mainly the owners of land and buildings pledged by the debtor to the bank as a creditor. Third parties often take the fight at the time of the execution of the collateral to be taken over; and (c) the country through the provision of legislation. Solutions to overcome these obstacles through the effectiveness and efficiency of foreclosed assets.Keywords: Notary; Foreclosed Assets; Credit Los.]]>
<![CDATA[Weakness Of Political Law Notice Not Reflecting Justice For Notary ]]>
<![CDATA[Rais Firdaus Handoko]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.9190
<![CDATA[The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description.Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty.This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations.Keywords: Political Law; Notary; Justice.]]>
<![CDATA[The Effects of Notary Code Breaking In Publication or Self Promotion in Pangkalan Bun ]]>
<![CDATA[Ismi Hardiyanti]]>;
<![CDATA[Aris Sophian]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.7627
<![CDATA[The purpose of this study was to: 1) to assess and analyze the legal consequences for a notary public notary who violate the code of conduct in doing publicity or self-promotion on the base bun. 2) to assess and analyze the implementation of Effects Notary The Notary Code Breaking In Doing Publication Or Self Promotion In Pangkalan Bun.Based on the results of data analysis concluded that: 1) In the code of conduct notary was clear in saying that a notary is prohibited from publishing or self-promotion, either individually or jointly, it because may result in the authority and dignity of a notary as a public official downhill , 2) Violation of Implementation notary who violates the provisions of the code of conduct in the form of advertising self notary was his only impact on the position of the Notary as a member of the Association and no impact on the position of the notary as a public official.Key words : Notary Code of Ethics; Self Promotion; Effects.]]>
<![CDATA[The Position Of Attorney Power Of Charge Mortage Right Made By Notice With The PPAT Format Required From The Act Number 2 Of 2014 On The Position Of Notary In Pemalang City ]]>
<![CDATA[Yusuf Ady Kurniawan]]>;
<![CDATA[Dian Rahayu Windyastuti]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.8545
<![CDATA[The summary of the issues in this study is 1) how is the implementation of the Authorization of Authorization of Liability in the Barriers currently under way? 2) what are the issues raised in the implementation of the current Authorization of Burden of Rights on the Barriers? 3) How should the implementation of the Authorization of the Liability of the Liability of Barriers be made? The type of research used is sociological juridical. The result of this study is that there is a disharmony between the provisions of Article 38 of the Notary Department Law and Article 96 paragraph (1) of Equity No. 8 The of 2012. The factor affecting the emergence of the question in the making of the SKMHT is that the regulatory factor is disharmonization between Article 38 of the Notary Department Law and Article 96 paragraph (1) of Civil Code. 8 of 2012,Keywords: Position; Warrant of Burden of Rights; Notary.]]>
<![CDATA[Reconstruction Of Notary Position Authority and Implementation Of Basic Concepts Of Cyber Notary ]]>
<![CDATA[Masrur Ridwan]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.9432
<![CDATA[E-notary or cyber notary which has become a necessity as a form of adjustment to the development of the times, although its presence is agreed to be impossible to avoid, but it still leaves a pro-cons opinion. Some support and some refuse. Problems that arise related to the validity of the deed made in the cyber notary work system (cyber notary). However the practice of cyber notary in Indonesia today, it will reduce the strength of proof of authentic deed. The decrease is parallel with the text of Article 5 paragraph (4) of the ITE Law which emphasizes that the electronic deed does not have perfect proof of strength like a deed of qualification. Until now the electronic deed is still regarded as a deed under the hand that is equal in value to documents. But the presence of COVID-19, which since March 11, 2020, was determined by WHO as a pandemic, like it or not, forced us to think or review the implementation of the basic concepts of cyber notary. Posts that use the statute approach and the concept are expected to be able to encourage related parties to review the authority of the Notary Position in authorizing the certification of transactions conducted electronically. Keywords: Reconstruction, Notary Authority, Implementation, Basic Concepts of Cyber Notary]]>
<![CDATA[Deed Of Roya Consent Which Made By Notary In Roya Mortage Rights Caused The Loss Of Certificate Mortage Rights In The City Of Pekalongan ]]>
<![CDATA[Indah Nailal Muna]]>;
<![CDATA[Hanung Hendratmoko]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.8300
<![CDATA[The purpose of this study was to: 1) To determine the debtor to Roya to BPN 2) To know the challenges and solutions faced by the debtor to Roya missing Encumbrance certificate 3) to determine the position of the missing Encumbrance certificate. The research method in this study, using socio-juridical to obtain data from the primary data. In a research specification is a descriptive analysis of this data is by using the applicable laws.Based on the results of data analysis concluded that: 1) The process of the debtor to Roya namely by applying Roya Land Office and bring equipment such as certificates and certificate concern Properties Roya who made by notary. 2) The obstacles faced by the debtor that is, if not made deed Roya consent by a notary then the debtor can not perform Roya or deletion in Encumbrance, while the solution is to bring the letter of loss from the police and then come before the notary to be made a deed of Roya consent by a notary to replace certificates mortgages missing. 3) Position the deed of Roya consent can not be equated with a certificate of mortgages have executorial power because it is not regulated in the legislation or firm rule. The deed of Roya consent is a requirement to carry out orderly land administration. In this case means that the position of Roya consent deed made by the notary is a custom in notarial practice.Keywords: Deed of Consent Roya; Notary; Certificate of Mortage Right.]]>
