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[The Problematic of Waqf Representatives and The Settlement of Disputes ]]>
<![CDATA[Agung Wicaksono]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12891
<![CDATA[The problems in this research are how the problems of Waqf that often occur, the settlement of Waqf land disputes that are asked for back by the heirs, the obstacles faced in resolving the Waqf land disputes that are asked back by the heirs at the Semarang Religious Court. Based on the results of the research, it was found that the Waqf dispute that arose was triggered by, among others, the denial of the Waqf pledge, the desire to withdraw the assets that had been donated. Waqf dispute resolution is pursued in several stages which are carried out stratifically, namely deliberation, mediation, arbitration and the High Religious Court. The obstacle in the process of resolving Waqf disputes is the absence of orderly administration in the practice of Waqf, especially based on authentic evidence such as Waqf pledges and evidence of records at the local KUA District.]]>
<![CDATA[Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died ]]>
<![CDATA[Dian Melina]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12890
<![CDATA[Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Inheritance Based on Justice. Problems is the process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Justice-based Inheritance. This study uses a normative juridical approach, in data collection it is more emphasized on the decomposition and interpretation of data related to legal principles. The results are; The Role of Land Deed Making Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice.]]>
<![CDATA[Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties ]]>
<![CDATA[Yempi Yempi]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14210
<![CDATA[Protection of notaries related to confidentiality, especially in the law enforcement process, has not been able to be realized effectively, this is because there is no real protection system for notaries who disclose their secrets in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep confidential what is related to their position. The notary is obliged to keep the contents of the deed secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drafting of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.]]>
<![CDATA[Role of Notary in Capital Market: Making GMS Minutes Online During Covid-19 ]]>
<![CDATA[Rais Firdaus Handoko]]>;
<![CDATA[Budi Santosa]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12893
<![CDATA[In early 2020, the world was shocked by the rapid spread of the novel coronavirus disease known as the corona virus disease which came out at the end of 2019 (COVID-19), so that the whole world took many policies with online system, including lectures and notary activities. The purpose of this paper is to explain controversy over the principle of lex specialis derogate legi generalis in the capital market notary and legality of making the deed of the minutes of the GMS online by a capital market notary can provide justice for notaries. This research used a normative juridical research with the specification of the research was carried out descriptively and analytically. Normative research uses secondary data types. The data collection method used by conducting Library Research and the techniques used in describing and processing the collected data are qualitative descriptions. This writing can be concluded that the deed of the minutes of the GMS of capital market companies in accordance with Article 5 paragraph (1) of the Electronic Information and Transaction Law includes the so-called electronic documents which are valid evidence, while in Article 16 letter m of the Law on Notary Position, it is stated in the explanation of this Article. "That the notary must be physically present and sign the deed before the audience and witnesses". The author's suggestion is to revise the Law on the Position of Notary Public, legalize the formation of GMS minutes online both during the corona virus pandemic and after the end of the virus, so that these rules can adapt to the needs of today's life which are completely electronic, internet, digitization, and computerized.]]>
<![CDATA[The Buy & Sell Strategy with Concept of"Standart Contract" & Problems ]]>
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Djauhari Djauhari]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14646
<![CDATA[The impact of globalization penetrates various aspects of life and layers, especially in the field of trade (buying and selling). This field is vulnerable to the use of standard agreements to facilitate transactions with standard or standard contract receipts, meaning that the clauses are drawn up and arranged in such a way without paying attention to the interests of consumers as users of goods and/services. There is an injustice in the process of making the agreement, because the consumer is not involved in determining the agreement, resulting in extreme emotions, different perceptions of the object of the dispute, and ultimately unpleasant attitudes between the parties. The urgency of research to get the right solution in getting around is made possible through Alternative Dispute Resolution (dispute resolution out of court), juridical normative method with descriptive analytical research specifications. Analyzing the problem by describing factually related to existing legal norms. Social Justice Theory which is in line with John Rawls' opinion, justice which focuses on the balance of rights and obligations of the parties, so that it has the opportunity to consistently benefit.]]>
<![CDATA[Legal Problems Regarding the Implementation of the Obligation to Read the Notary Deed ]]>
<![CDATA[Hendy Hendariyadi]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Soegianto Soegianto]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14102
<![CDATA[Reading the deed is an obligation in every authentic deed is made, the reading of the deed by a notary is part of the verlijden or the inauguration of the reading and signing of the deed in question. If the reading of this deed is related to the making of an authentic deed which is part of perfect proof, it is clear that making a notary deed requires the real presence and physical position of the parties concerned. The purpose of this research is to analyze the Notary Public is obliged to read out the deed made based on Act No. 2 of 2014 concerning the Position of Notary Public, To analyze the legal problems of reading deeds made by the Notary, To analyze the legal consequences of deeds that are not read by a Notary based on Act No. 2 of 2014 concerning the Position of a Notary Public. The method used in this research is the method used in this research is juridical empirical, namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects.The legal problem of reading deeds made by notaries, related to article 16 paragraph 7 of the Law on Notary Position regulates deviations from article 16 letter m. Where in Article 16 paragraph 7, it is stated that the reading of the deed is not mandatory, if the viewer wants the deed not to be read because the viewer has read it himself, knows and understands its contents, provided that it is stated in the cover of the deed and also on every minuta deed page initialed by the parties, and witnesses, as well as a notary. The legal consequence of the deed which is not read out by the notary based on Act No. 2 of 2014 concerning the Position of Notary Public, the deed which is not read out is still an authentic deed as long as the reasons for not reading the deed are stated.]]>
<![CDATA[Juridical Review of Executorial Confiscation Power after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Against Act No. 42 of 1999 Regarding Fiduciary Guarantee ]]>
<![CDATA[Lupita Randawi]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14104
<![CDATA[The purpose of this research is uTo: 1) To determine the legal strength of the executorial confiscation of a fiduciary guarantee certificate against a debtor who is in default (in default) and does not want to voluntarily hand over the goods that are the object of fiduciary security and 2) To know the procedure for implementing the execution of a fiduciary guarantee certificate for debtors who are in default (default) After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and (3) To find out what weaknesses and solutions can be obtained from the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which are then analyzed using the normative juridical method. Based on the results of data analysis, it is concluded that: 1) based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 seizure of the execution of the fiduciary guarantee by the creditor mustdone when there is an agreement regarding the default and the debtor's willingness to hand over the object that becomes the object of fiduciary. 2) If there is no agreement regarding default and the debtor does not voluntarily submit the object of guarantee, then the procedure for executing the fiduciary guarantee is carried out the same as the execution of a court decision which has permanent legal force.]]>
<![CDATA[The Role of Notary in Binding The Security with Liability Rights ]]>
<![CDATA[Muhammad Zaky Mushaffa]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12889
<![CDATA[This research aims to determine the role of the notary in binding collateral with immovable property rights, obstacles and solutions in the implementation of binding mortgage rights and legal consequences if it is done not in front of a notary. This study uses an approach Juridical Empirical, namely legal research by approaching the existing facts by conducting research and then being reviewed and reviewed based on the relevant laws and regulations as a reference for solving problems. The result are (1) The role of a notary in binding immovable property collateral is very important, referring to article 15 paragraph (1) of the UUHT which stipulates that the Power of Attorney to Impose Mortgage Rights (SKMHT) must be made with a notary deed or deed PPAT (2) The obstacles that occur in the collateral binding process with mortgage rights can be mapped in two stages, namely the pre-binding stage, generally related to the filing of binding requirements such as the identity of the parties, the object of guarantee, and the parties' authority to act and the stage after the binding, at generally related to the attitude of the debtor and the binding process at the local National Land Agency. (3) Legal consequences of binding collateral if not carried out before a notary include the signed agreement loses its authenticity as stipulated in Article 16 paragraph (8) UUJN. ]]>
<![CDATA[Duties & Responsibilities of Notary Recipient of Minuta Deed of Notary Protocol who has Retired or has Passed Away in Salatiga ]]>
<![CDATA[Nanda Kurniawan]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14133
<![CDATA[This study aims to examine and analyze: 1) Duties and Responsibilities of Notaries as Recipients of the Minuta Deed Protocol. 2) Implementation and Submission of Protocols for Notaries Who Have Retired or Died in the City of Salatiga. The approach method used in this research is the empirical legal approach (sociological) because in this study it examines people in living relationships in society, the study uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior done through direct observation. The specification is analytic descriptive research. Legal research is focused on examining the compliance of the community, especially notaries as recipients of duties and responsibilities of notaries as recipients of the Minuta Deed Protocol to a legal norm with the aim of measuring whether or not a legal arrangement is effective. In this study, the data source consisted of primary data obtained by researchers through interviews and secondary data obtained through literature studies. Based on the research results it can be concluded that: 1). 2) Constraints in Implementing Duties and Responsibilities of Notary Public as Recipient of Duties and Responsibilities of Notary Public as Recipient of Minuta Protocol, especially in Salatiga City, namely the lack of adequate and adequate space owned by the notary receiving the protocol, the number of protocols that must be accepted, it is not uncommon for the notary receiving protocol to lack a place to store due to limited office space. So it is better if you keep the minuta deed in the form of soft copy, microchip or storage in electronic or digital form, because storing the minuta deeds is more practical and does not take up a lot of space, and makes it easier to maintain and search for the minuta archives if one is needed.]]>
<![CDATA[Role of Notary in Abroad and Indonesia ]]>
<![CDATA[Haingo Rabanirajona]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12900
<![CDATA[One of the important professions in society is notary. This profession is a special profession because it is a public official in carrying out its duties which is bound by juridical norms and professional code of ethics. The notary code of ethics becomes a moral principle determined by the Indonesian Notary Association (INI) which is the basis for organizing or regulating the notary professional code of ethics in relation to many parties, which of course must be obeyed or obeyed by every member who is bound or binds himself/herself in the association (organization) that. The consequences as a member of this profession must be understood by a notary, because sourced from here, the dignity of the profession can be maintained. The position of the Notary which is urgent in human life makes the process of someone who wants to become an expert notary public important. Therefore, in notarial education, notary ethics should also be considered. So in this case it is emphasized that a professional education without education on responsibility and professional ethics is not complete. In the field of law, technical skills that ignore aspects relating to the responsibilities entrusted to him and his profession in general, as well as ethical values and measurements that must serve as guidelines in carrying out his profession.]]>
