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[Ratio Decidendie Judges On The Cancellation Of Certificate Of Land Right That Does Not Remove The Ownership In Kendari State Court (Case Study On Decision No. 62 / Pdt.G / 2012 / PN.Kdi) ]]>
<![CDATA[Muh. Ramli Jaya]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7967
<![CDATA[This study aims to determine how the Ratio Decidendie judges and legal consequences of the implementation of verdict on cancellation of certificate of ownership that does not remove the right to land ownership in the State Court of Kendari. This study uses the type of normative juridical research using law approach, conceptual approach and the approach the case with premier legal materials, secondary and tertiary material.Based on the studies concluded that the judges verdict in case number 62 / Pdt.G / 2012 / Pn.Kdi confirming ownership of the Plaintiff. Certificate Revocation Proprietary No. 37 / Anduonuhu Village and property rights certificate No. 38 / Anduonuhu Village through Decision Kendari State Administrative Court No. 29 / G / 2010 / PTUN-Kdi flawed due to its publication of juridical / procedural defect. While consideration by the State Court case number 62 / Pdt.G / 2012 / Pn.Kdi explain pedestal of land rights in the form of Decree of the Governor of the Province of South East Celebes Number. 11 / HM / 1979 dated January 16, 1979 not been declared void. So that the Plaintiff's legal rights remain attached. Plaintiffs can reapply for the certificate issued by the applicable legislation.Keywords: Ratio Decidendie; Certificate Revocation Property Rights; Land Rights.]]>
<![CDATA[Distribution Of Inheritance To Non Moslems Heirs In Notary Deed From Islamic Inheritance Law Perspective ]]>
<![CDATA[Andi Hamniza Kastury]]>;
<![CDATA[Aynun Nurmayanti]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7669
<![CDATA[The aim of this study was to: 1) To determine the position of non-Moslem heirs to the estate heir which has Islamic religion. 2) To identify and analyze how inheritance to heirs of non-Moslems in terms of the deed of Islamic inheritance law.Based on the data analysis concluded that: 1) The position of non-Moslem heirs of inheritance toward Moslem is not called heirs because of differences in religion, but he is entitled to receive a portion of the deceased's estate by his parents was borrowed. 2) The division of inheritance to heirs of non-Moslems are equal parts by the beneficiaries (women) and the other in the act of notary deed evidence obligatory will be made, each of which must be a testament that the act in order to obtain legal certainty as authentic documents binding.Keywords: Division of Heritage; Non Moslem Heirs; Notary Deed; Islamic Inheritance Law.]]>
<![CDATA[PROTECTION AGAINST RECIPIENTS NOTARY DEED THAT ALLEGEDLY PROTOCOL TO THE LEGAL ISSUE IN SEMARANG ]]>
<![CDATA[Megacaesa Fuditia Fuditia]]>;
<![CDATA[Ni Made Srinitri]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7888
<![CDATA[Notary Appointment as Notary Protocol holders and storage required to accept the delegation of the protocol, because at the beginning of his run, every Notaries are required to make a statement about its willingness to accommodate the move Notary Protocol, quit, or died. As a holder of the protocol but can learn a lot there is also a consequence of the receipt of such deed is when there is a legal problem, as the holder of the protocol also participated as a defendant or summoned by investigators in order to bring that existed at the Notary deed holder protocol. However, it has become a legal obligation Notary. The purpose of this research are: 1) To analyze and assess the extent of legal protection against protocol receiver notary deed allegedly related legal issues in the city of Semarang. 2) To analyze and assess the barriers in the legal protection of the receiving notary deed allegedly protocols about legal issues in the city of Semarang. 3) To formulate legal protection against protocol receiver notary deed was allegedly associated legal problems in the future.Notary receiver and storage protocol is not responsible for the contents of the deed of the substance or the above protocol receives. UUJN enactment, not without obstacles in its implementation. It was mainly related to the legal protection of a notary. Those barriers between them, yet the formation of the Implementing Regulation and Role Change THIS UUJN to socialize UUJN Changes in certain areas less. Legal protection should be given to the notary deed protocol receiver must be in accordance with Law Notary Article 66 paragraph (1) of Law No. 2 of 2014 on the Amendment of the Law of the Republic of Indonesia Number 30 Year 2004 on Notary.Keywords : Deed, Legal, Notary, Legal Protection, the Protocol.]]>
<![CDATA[Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary ]]>
<![CDATA[Mochamad Rizqi Sismanto]]>;
<![CDATA[Anwar Saleh Hasibuan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7890
<![CDATA[The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) 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 qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.]]>
<![CDATA[The Strength Of Legal Deed Auction Summary Of Burdened Of Confiscation Based On Regulation Of Finance Minister Number 27 / Pmk.06 / 2016 In The City Of Semarang ]]>
<![CDATA[Ferry Setiawan Setiawan]]>;
<![CDATA[Yanto Risdianto]]>;
<![CDATA[Soegiyanto Soegiyanto]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7879
<![CDATA[The purpose of this study was to: 1) To Know the Auction for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. 2) To know the Power of Law Treatise Deed Auctions for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. The data used in this study are primary data and secondary data and data that can support tertiary study, which was then analyzed by normative juridical method.Based on the results of data analysis concluded that: 1) How the Auction of Goods Seized Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. In the official auction assisted by guides who guilty of employees DJKN, the auction progresses No offers the winning auction is bidders who bid the highest. Each implementation of the auction will be charged Customs Auction accordance with government regulations governing the types and rates of non-tax state revenue. Payment of the auction price and Customs Auction shall be made in cash or check or checking account, no later than five (5) working days. In the case of submission of official documents of the auction must submit the original document of title or goods are auctioned off to the buyer or winning bidder no later than 1 (one) working day. Buyers must show proof of payment of the form and submit proof of deposit Tax on Acquisition of Land and Building If items such as land and buildings. 2) How the Legal Power of The Minutes of the Auction the Seized Goods Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. Deed Auctions treatise consists of body deed, deed and leg mid deed which contains about the day, date, type of goods, address of the seller, as well as goods sold. Minutes of Deed Auctions is an authentic deed made by officials of the auction and use the laws and legislation so this auction treatise deed has permanent legal force if there are problems in the future.Key Words: The Power of Law; the Deed of Auction; Goods Burdened Confiscation.]]>
<![CDATA[Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari) ]]>
<![CDATA[Steffi Yesyer Palloan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7970
<![CDATA[The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.]]>
<![CDATA[The Role And Notary Responsibilities Of Establishment Of A Commanditary Fellow ]]>
<![CDATA[Nailatul Muna]]>;
<![CDATA[Cahaya Mutiara Mardiana Putri]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7632
<![CDATA[The purpose of this study was to: 1) Analyze know their roles and responsibilities in the establishment of the Guild Commanditaire Notary. 2) Obstacles encountered in implementing the Notary's role and responsibility in the establishment of the Guild Commanditaire. 3) The solution or an attempt to overcome the obstacles encountered in implementing the notary's role and responsibility in the establishment of the Guild Commanditaire.This study using sociological juridical approach or empirical legal research involves studying law from an external perspective to the object of the study of social attitudes and behavior against the law. Sources of primary data from interviews, while secondary data from literature. The study was analyzed by using a descriptive analysis.The research results are: 1). Roles and responsibilities in the establishment of the Guild Commanditaire Notary is to create legal certainty for the deed he made are authentic and can be used as a means of proving strong and when there are problems associated with the establishment of a limited partnership. Notary also instrumental in the establishment registration Kommanditgesellschaft the Ministry of Law and Human Rights through an online system that is SABU. Notary responsible for storing all documents in the manufacture of the deed of establishment. 2). The obstacles faced by the Notary is the rule about registering through SABU is still relatively new so in the field occurred constraints for example, many notaries are not yet aware of any changes to the rules and the registration mechanism.Keywords: Guild Commanditaire; Deed; SABU.]]>
<![CDATA[Review Of The Implementation Process Of Completion Of Juridical Code Violations Of Notary In Kendari ]]>
<![CDATA[Hendro Kusuma Jaya Jaya]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7881
<![CDATA[Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, 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 control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.]]>
<![CDATA[The function of the Notary / PPAT In filing process Acquisition of Land Rights To Interests Investment in Regional Autonomy Era Based on Act No. 25 of 2007 concerning Foreign Investment ]]>
<![CDATA[Wahyuni Wahyuni]]>;
<![CDATA[Umar Ma’ruf]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7965
<![CDATA[The purpose of this study are to: 1) To be able to know and analyze about the function of Notary / PPAT in Appeals Process Acquisition of Land Rights Under the Foreign Investment Regulations. 2.) To be able to know and analyze the Protection of Investor Interests Investing in the Era of Regional Autonomy Under the Foreign Investment Law. The method shows the procedure and process of a study undertaken to achieve an objective results. Method of normative juridical approach specifications in this research is descriptive analysis, the data collection method, literature (study document), with critical analysis and finding the problems and legal issues that will be examined and gather all the information related to the problems studied.The results of this study concluded Function Notary / PPAT in the filing process of acquiring land rights based on foreign investment regulations number 25 in 2007. The function of Notaries easier for the public to take legal actions both Indonesian citizens or citizens of foreign countries who participate in investing in Indonesia , The Indonesian government also needs to prepare for national law and the law of international relations to establish it. Government to maintain legal certainty for foreign investors without discrimination by being able to compete with domestic investors. Protection of the interests of investors in investing in regional autonomy based on legislation.Keywords: Function of Notaries; Investments; Autonomy; Foreign Investment.]]>
<![CDATA[Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari ]]>
<![CDATA[Bahrul Alam]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7963
<![CDATA[The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.]]>
