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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 7 Documents
 1 
Search results for , issue "Vol 8, No 1 (2021): March 2021" : 7 Documents clear
A Making Authentic Deed of Distribution of Inheritance to Land by a Notary Public Dicky Ardiansyah; Anis Mahdurohatun; Munsharif Abdul Chalim
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14986

Abstract

The making of a certificate of inheritance is carried out by a different official, which is based on the population group, there are three officials who are authorized to make a certificate of inheritance, namely the Notary, the Heritage Hall (BHP), or made by the heirs themselves on paper witnessed by the Head of Village / Village Head and strengthened by the Head District. This writing aims to analyze the process of making authentic deeds of distribution of inheritance of land rights, the obstacles faced by the notary and their solutions. Researchers used legal research methods with a normative juridical approach. The data source came from secondary data. This writing is analyzed qualitatively using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance distribution theory. The results showed that: 1) The process of making an inheritance distribution deed begins with the making of an inheritance certificate (SKW), which is the first step in carrying out the process of distributing inheritance to land in Jepara. The next step is: joint heirs before the notary in the presence of 2 (two) witnesses, bringing the documents that have been determined, the notary checks the files, certificates carried by both parties. The Official for Making Land Deeds (PPAT) makes a will or a certificate of inheritance. The will shall be signed by the heir and the PPAT (made in two copies). 2) PPAT obstacles in the process of distributing inheritance of land rights, namely: legal substance, legal structure, and legal culture. Solutions to obstacles, namely: Consulting and asking for help from government officials in the local village or sub-district. The government needs to disseminate information to the community. Provide information regarding the procedure and procedures for registration as well as incomplete document documents to the applicant.
Problems in Making Power of Attorney Burden Mortgage Rights Sukarman Sukarman
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.15287

Abstract

In its development, in terms of making a Deed of Granting Mortgage the debtor cannot attend which is then represented by his representative, the consequence of the debtor's representative is that the Deed of Granting Mortgage Rights must be drawn up with a Power of Attorney to impose Mortgage Rights. This research uses a normative juridical approach, the results of the study state that the factors that influence the emergence of problems in making a power of attorney to impose a mortgage are in the form of laws and regulations, namely in the form of disharmony between Article 38 of the Notary Position Law and Article 96 paragraph (1) of the Head Regulation. National Land Agency Number 8 of 2012, the weakness factor of the Power of Attorney to impose mortgage rights, namely the validity period of the power of attorney to impose mortgage rights and additional costs in making a power of attorney to impose mortgage rights which is also a notary certificate.
The Notary Public in Singapore Steffanny Cristine
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.15288

Abstract

Singapore law, which has its root in English law, has now evolved into a distinctive jurisprudence. It continues to absorb and modify the common law as well as best practices from other mature legal systems. The common law system in Singapore bears material differences from some Asian countries which have imbibed the civil law tradition such as the legal profession. The common law is one important strand of Singapore politico legal fabric. Singapore has inherited the English common law tradition as a part of Anglo Saxon countries and thus enjoys the attendant benefits of stability, certainty and internationalization inherent in the British system. Singapore shares similar English common law roots with some neighbours, such as Malaysia, Brunei, India and Myanmar through the details of the application and implementation will differ according to each country’s specific needs and policies, same goes to the legal professional they are adopted.
Legal Certainty Concerning Implementation of Working Agreements between Service Providers & Workers Concerning Delay Payments of Work Achievement Taufan Fajar Riyanto; Ramon Lantemona
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14988

Abstract

This study aims to: to determine legal certainty regarding the implementation of work agreements between service providers and employers in the event of a delay in payment of work performance by the service provider. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded that : With the presence of a work agreement between the service provider and the employer, this agreement basically provides legal certainty regarding the rights and obligations of both parties, one of the points in the payment is the payment for work performance, in this case the service provider is obliged to accept work repayment that has reached 100 % or it has been completed, when the Regional Government of South Konawe Regency, the Office of Food Crops, Horticulture and Plantations does not make payment, the agency has defaulted because in the agreement it was agreed that when the work was completed, a settlement would be carried out. This certainly violates the Principle of Pacta Sunt Servanda (Agreement Applies as Law) as contained in the provisions of Article 1338 paragraph (1) and paragraph (2) of the Civil Code which states that "all agreements legally made are valid as laws for those who make them.
Protection Relevance of the Execution of Separatic Creditors Based on Pancasila Justice Gregorius Yoga Panji Asmara
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.15289

Abstract

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 Of 2004 is contrary to Pancasila justice. The method used is the normative juridical method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage without having to go through anmaning in court, the meaning of the debtor's insolvency should be a trial in court or through anmaning regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the value of Pancasila social justice.
Implementation of Land Procurement for Waqf Land Affected by the Solo-Ngawi Toll Road Darmiko Irwansyah; Ahmad Sulchan
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14989

Abstract

The purpose of this study is to determine and analyze: 1). Implementation of land acquisition for Waqf land affected by the Solo-Ngawi toll road in Dibal Village, Ngemplak District, Boyolali Regency 2). Barriers and solutions to resolve the obstacles faced in the implementation of land acquisition for Waqf land affected by the Solo-Ngawi Toll road in Dibal Village, Ngemplak District, Boyolali Regency. The approach method in this research is juridical empirical, namely research that focuses on the behavior of individuals or communities in relation to law. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method was carried out by qualitative descriptive analysis. The results of the research concluded that: 1) Implementation procurement of land to replace Waqf land affected by the Solo-Ngawi toll road in Dibal Village, Ngemplak District, Boyolal Regency, namely theplanning, preparation stages, implementation stages, submission of land exchange permits for Waqf to the Regional Office, stages of submitting results, submitting certificates of Waqf to BPN. 2).Obstacles faced in the implementation of land acquisition to replace the donated land affected by the Solo-Ngawi Toll road in Dibal Village, Ngemplak District, Boyolali Regency that is, the tardinesspermits, some of the Waqf land has disappeared or has died, it is difficult to find a replacement land that matches the value and area of the Waqf land affected by road construction. The solution to solve these obstacles, namely location data collection to speed up the issuance of permits, immediately look for a replacement Nadzhir, prioritizing deliberation and socialization. Deliberation to reach consensus is a way to get results that are fair to both parties.
The Role of Notary in Land Liberation Relation to PLTU Development for Public Interest Dian Laras Sukma; Jawade Hafidz; Ngadino Ngadino
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14985

Abstract

PLTU Batang is a steam power plant built in Batang Regency which is expected to meet the national electricity needs in the Java and Bali regions. The PLTU is located in three villages namely Ujungnegoro, Karanggeneng, and Ponowareng, near the Ujungnegoro Sea. Among the three villages, Karanggeneng had the biggest impact because the majority of its residents experienced the impact of the PLTU construction. The purpose of this study was to evaluate the influence of the PLTU development policy on the social life of the Karanggeneng Village community. This research uses the method juridical sociology, namely in this study the author conducts a review of the legal aspects to find out the applicable regulations, especially those relating to the role of notaries in land acquisition in. The data collection techniques used were interviews, observation, and documentation. The results showed that the existence of PLTU Batang affected the Karanggeneng Village community who were forced to sell their land, the future of the local community was also affected because of the change in land functions resulting in the community losing their livelihoods. The PLTU policy has an impact on current and future conditions, namely increasing unemployment and poverty in Karanggeneng Village, but the form of PT PBI's responsibility is the establishment of a KUB for affected communities, it is suggested that the construction of PLTU Batang should pay more attention to the socio-economic conditions of the community. This study aims to determine the process of land or land acquisition for PLTU development in Batang Regency, where there is a notary's role in making authentic deeds. The Land Acquisition Committee (P2T), refers to the land acquisition regulations at that time. This type of research is sociological juridical. The Land Acquisition Committee changes the designation of the Regional Spatial Planning (RTRW), also provides compensation in the form of money in the release of land that does not have ownership rights based on the Basic Agrarian Law (UUPA) and Government Regulation Number 24 of 1997. Notaries make the Deed of Releasing Rights to Land and the Deed of Debt Recognition in the said land acquisition, while the land acquisition is on state land, so there is no relinquishment of land rights in the legal act.

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