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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 6 Documents
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Search results for , issue "Vol 8, No 3 (2021): September 2021" : 6 Documents clear
Relevance of Justice Value to Legal Protection for Goods and Service Providers in Corruption Criminal Cases Maryanto Maryanto
Jurnal Akta Vol 8, No 3 (2021): September 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.v8i3.17817

Abstract

The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.
The Inheritance Dispute Settlement In Court Armunanto Armunanto
Jurnal Akta Vol 8, No 3 (2021): September 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.v8i3.17946

Abstract

The purpose of this study is regarding the settlement of inheritance law disputes, which is one of the reasons a person gets an inheritance, including marriage, blood relations, parents or close sibling relationships or because of testament. This has also been regulated in the provisions of the civil law code of the Civil Code B.W, because someone receives an inheritance because of a nashab/kinship relationship and because of marriage. Meanwhile, for the occurrence of inheritance, it is necessary to have the following elements: 1. The existence of a person who dies (erflater) The person who dies is the person who leaves the inheritance and is called the heir. 2. There are people who are still alive (erfgenaam) people who are still alive, namely people who according to the law or testament are entitled to inherit from the person who died. They are called: Heirs. 3. The existence of objects that are left behind (erftenis, nalatenschap) objects that are left behind are things that are left by the testator at the time of his death, which is called inheritance. The form of this inheritance can be in the form of Activa (receivables, bills) or Liabilities (debts). Problems regarding the distribution of inheritance have basically been regulated in the legal provisions in Indonesia. Both in the provisions of the civil code and in the provisions of the compilation of Islamic law. Where are the provisions regarding Islamic inheritance disputes whose dispute resolution authority is in the religious courts. As for people who are non-Muslims, the settlement process is in the state court. Where in its implementation it must be able to reflect a sense of justice, while still upholding the principle of kinship that applies in the social life of the community.
Juridical Study on the Legal Certainty of Notary Electronic Deeds in the Covid-19 Pandemic Sa'atun, Siti; Argo Victoria, Ong
JURNAL AKTA Vol 8, No 3 (2021): September 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.v8i3.18053

Abstract

The purpose of this study was to find out that guarantees of protection of property rights are realized through the making of an authentic deed. The important position of an authentic deed is based on the function of the authentic deed. An authentic deed has 2 (two) important functions, namely the deed as a formal function which means that a legal act will be more complete if a deed is made. The function of the instrument of evidence is the deed as a means of proof in which the deed is made by the parties bound by an agreement for the purpose of proof. The method used in this writing is the normative method. Normative Law Research is legal research conducted by examining literature or secondary data. The conclusion of this study explains that the Terms are set out in Article 28 Regelemet op het Notaris-ambt in Indonesia (Ordinance 11 January 1860) and Article 16 paragraph (1) letter m of Act No. 30 of 2004 Jo. Act No. 2 of 2014 Concerning the Notary Office. The entry of Covid-19 virus in the country is a matter of its own for the implementation of these conditions. Therefore the legal certainty of the validity of the Electronic Deed must be regulated in more detail and have binding legal force.
The Existence of a Complete Systematic Land Registration System (PTSL) Ade Riusma Ariyana; Devina Arifani
Jurnal Akta Vol 8, No 3 (2021): September 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.v8i3.18054

Abstract

This research aim to understand the complete land registration which has a function in giving legal force to land owners in the life of today's society. Such a situation is clear that it is very supportive of people's lives related to the use of land, including in terms of economic activities. The problem of disruption that is present in the current era of economic globalization requires innovation in various fields of people's lives that are able to make people's lives easier, including in terms of Complete Systematic Land Registration or PTSL. Law as a tool of social engineering, the substance of the law, besides being regulatory, must also be coercive. The coercive nature of the law embodied in a legal product (statutory regulations) will be effective if there are sanctions for non-compliance or violation of the provisions stipulated by law. The substance of Article 23 paragraph (1) of the BAL, emphasizes that property rights, as well as any transfer of building use rights and the imposition of other rights must be registered according to the provisions referred to in Article 19. This provision explicitly obliges property rights holders to register every transfer of rights ownership of land, whether it is the transfer of ownership rights due to buying and selling, grants and so on.However, the provisions of Article 23 paragraph (1) of the UUPA which are imperative in nature do not have coercive power, because there are no strict sanctions for those who do not register any transfer of rights as referred to in the article. The implementation of PTSL as an alternative in answering the problem of the effectiveness of land registration has not been able to materialize. The method in this writing is quantitative. Based on the existing studies, it can be understood that PTSL, which is a new alternative, has not been able to be implemented effectively.
Relevance of the Value of Legal Certainty in the Appointment of Islamic Law Graduates as Notaries Lingga, Firdo; Syah, Danial; Harahap, Herlina Hanum
JURNAL AKTA Vol 8, No 3 (2021): September 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.v8i3.18056

Abstract

Sumiritas in the explanation of Article of Act No. 2 of 2014 on the Notary Department has resulted in uncertainty about the position of the Master of Islamic Law/Syariah as a Notary. This paper aims to analyze and dissect the issue of the appointment of graduates of Islamic law scholars as notaries. The research method in this writing is normative juridical. Sumiritas Article 3 of Act No. 2 of 2014 on the Notary Position has resulted in uncertainty for the status of a Master of Syariah Law as a Notary. This clearly results in uselessness for the Bachelor of Syariah Law in terms of the application of expertise and knowledge of Syariah law.
Notary Authority to Use Retention Right to Keep Documents Based on Custody Agreement in Legal Assurance Review Bambang Tri Bawono
Jurnal Akta Vol 8, No 3 (2021): September 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.v8i3.15440

Abstract

The purpose of this study is to determine and analyze the authority of a notary in retaining documents in the form of a power of attorney to sell and certificates that have transferred their ownership rights to other parties and to identify and analyze the position of heirs who have changed their citizenship on land ownership rights in a review of legal certainty. The approach method used in this research is sociological juridical. The results of the study stated that the storage of SHM certificate No. 2343/Salatiga by Notary WI is based on a safekeeping agreement between KT and notary WI. However, the authority to keep the certificate within a period of one year is no longer valid, considering that KT as the provider of care has changed its citizenship to become a citizen of the Netherlands. This refers to article 21 paragraph (3) of Act No. 5 of 1960 concerning Basic Agrarian Regulations. With the enactment of such provisions, the Notary WI within one year since the inheritance no longer has the right to keep the land certificate SHM No. 2343/Salatiga, considering that KT as the power of attorney no longer has rights to the land.

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