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Jurnal Akta
Published by Universitas Islam Sultan Agung
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 5 Documents
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Search results for , issue "Vol 7, No 3 (2020): September 2020" : 5 Documents clear
Notary According To Civil Law And Common Law That Related Strongly With International Civil Transactions Ma - Junyu
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11279

Abstract

The world is increasingly without borders which has an impact on legal services such as the world of civilization, especially notary. However, in reality there are still many intersections of legal systems that are increasingly widespread in the notary world that are included in civil law, for example, the practice of international trade has made the boundaries between legal systems increasingly thin. Including differences in the use of legal systems such as Civil Law and Common Law in each country also affects the development and type of civil law system. For example, the bookkeeping and business taxation system will be built based on certain legal systems across jurisdictional boundaries including land lease agreements for industries with foreign investors.
The Regulation of Ownership of Agricultural Land Rights that Exceeds the Maximum Limit Ana Rubiyani; Ahmad Ridwan
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11278

Abstract

Land is a form of gift given by God, but human has given brain to think the challenges of live like the land problems, so that the government tries to regulate it properly. The problems in this thesis are: 1) How to regulate ownership of agricultural land rights that exceeds the maximum limit based on Act No. 56 (Prp) of 1960 concerning the Determination of Agricultural Land Areas? 2) How is the action taken by the Land Office towards ownership of agricultural land rights that exceeds the maximum limit? The method used is juridical empirical, with descriptive analytical specifications. The method used in this research is an empirical juridical approach. The results of this study are: (1) The regulation of ownership of agricultural land rights that exceeds the maximum limit is based on Act No. 56 (Prp) of 1960, namely that the provisions regarding land restrictions state that the application for ownership rights as referred to in Article 4 paragraph 1 of Act No. 56 (Prp) 1960 was limited to a maximum land area of 2000 m2. 2) The steps of the Land Office in implementing Act No. 56 (Prp) of 1960, namely the need for a concept of supervision and control over control of land rights, given the various problems that often arise such as in land registration activities.
The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate Ida - Nursanti
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11286

Abstract

This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.
Bank Credit Agreement With Warranty Of Decree Appointment Of Civil Servants Chairul - Insani
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11280

Abstract

The relationship between the bank and the customer in the credit agreement with the guarantee of a Decree on the Appointment of Civil Servants begins with the arrival of the customer at the PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch on working days and hours to provide complete requirements and fill in loan application forms that can be taken immediately at the PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch. Then proceed with the bank conducting a field survey to ensure that the debtor is indeed a civil servant according to the data written by the debtor and an assessment of the potential debtor's ability to pay off his debt. And it ends with the disbursement of credit funds by banks to debtors for the loan ceiling of 60% of the employee's net salary according to the class / rank owned by the customer / prospective debtor. This research uses an empirical juridical approach. This method is used to obtain the truth in discussing existing problems and to see the application of a rule of law in society. The analysis is carried out descriptively which will describe, describe and reveal how the actual implementation of the credit agreement with the guarantee of Civil Servant Decree at PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch. The efforts of the banking sector to secure credit with the guarantee of a Decree on the Appointment of Civil Servants who are problematic are based on fulfilling the requirements and completeness of the identity data of the prospective debtor, the second is the provision of a period for debt repayment where the period does not exceed 5 years, and finally, the submission of a guarantee for the Decree of the Appointment of Civil Servants, all of which must be original. Credit settlement with the guarantee of a Decree on Appointment of Civil Servants who defaults, namely, first, deliberation with the debtor to fulfill the element of good faith, if it has not been responded to, the first legal route will be taken through the judiciary, the second through KP2LN (State Receivables and Auction Management Office). If the debtor is a mutation, it is requested or confirmed in advance to the office / agency where the debtor works to transfer funds against credit repayments with the guarantee of a Decree on the Appointment of Civil Servants.
Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners Sawin Dwi Hapsari
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11283

Abstract

Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.

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