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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 4 (2021): December 2021" : 6 Documents clear
Analytical Study on Egyptian Inheritance Law Reform (Faraidh) Saed Arthos; Muhammad Iqbal; Sukri Sukri
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.3032

Abstract

The decline of Muslims became the background for the birth of reform ideas. This can be seen with the birth of various figures who are aggressively voicing reforms in various fields, such as politics, education and law. History has recorded names such as Jamaluddin al-Afgani with Pan-Islamism, Muhammad Abduh with education reform, and Rasyid Ridho with the idea of legal dynamics. Which in turn has an impact on the modernization of the writing and learning system of Islamic law and the laying of Islamic law in state legislation. Islamic law, especially inheritance law, is practiced by Muslims in Indonesia on the basis of personal awareness and encouragement of faith and obedience to Islam. This law uses the main sources of the Qur'an and Hadith, which are complemented by Ijtihad and qiyas carried out by scholars and judges. The history of Islamic law reform cannot be separated from the dialectic of evolution that occurred from time to time, geographical scope and conditions. The main model of this movement is in the spirit of spreading and implementing Islamic law which emphasizes progressive efforts in the legal field with the spirit of reform. The spirit of renewal through the idea of reforming Islamic law, especially in the field of family law, occurred in the middle of the second decade of the 20th century in Turkey. This enthusiasm continued to give birth to brilliant ideas in the progress of law formation, one of which was followed by the birth of a mandatory will on the application of inheritance law issues in Egypt in order to meet the state's needs for the codification of family law regulations.
Political Renewal of Copyright Protection Law in the Problem of Copyright Infringement (Multi-Dimensional Law Narrative) Melki Suhery Simamora; Prihartono Prihartono
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.18625

Abstract

Copyright is a high reality of various values, including economic value, this is because copyright that is born from copyright, taste, and intention is able to color the development of human life through objects born from the copyright process. But in its development various copyrights are not noticed in this country. The rise of piracy of song copyrights, for example, can only be economically profitable for the perpetrators of song copyright piracy, while not many creators can seek justice for it. This is increasingly unfair with Article 112 to Article 119 of Act No. 28 of 2014 changing a copyright offense into a complaint offense which further marginalizes the rights of the creator of a copyrighted work in this country. Therefore, it is necessary to have a joint discussion regarding the development of legal politics of creator protection related to copyright offenses that occur. Relevant updates can be made through changes to the complaint offense in theInvite-Act No. 28 of 2014 becomes a general criminal offense. So it is hoped that criminal offenses against copyright can be handled without having to complain from the copyright owner first so that copyright protection can be optimally implemented, this will be able to improve civilization for the better due to the protection of the economic aspect of copyright through criminal sanctions imposed firm.
The Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Single Heirs Jawade Hafidz
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.18631

Abstract

It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.
The Settlement of Credit Due to Death Soegianto Soegianto; Sukarmi Sukarmi
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.3033

Abstract

The debt burden is given to the heirs who are willing to accept the inheritance in full. The amount of the debt itself will be adjusted to the size of the inheritance received, outside of his own personal property. Of course, this debt shift will be a heavy burden. Especially if your own needs are already heavy. If indeed you are experiencing these problems, the methods below can help to pay off debts from deceased debtors. This research aim to: 1) To identify and analyze the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) To identify and analyze the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that: 1) the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice.
The Loan Application with Land Certificate Guarantee Edi Rahadini; Bambang Tri Bawono
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.2991

Abstract

Certificates on land as collateral for one's debt, in fact, must be able to replace a debt. But in reality, the guarantee cannot be executed as a substitute for someone's debt. This writing using legal protection theory which is the protection of the dignity and worth, as well as the recognition of human rights owned by legal subjects based on general provisions from arbitrariness or as a collection of rules or rules that will be able to protect something else. That the discussion of the article focuses on: How to apply for a loan with a land certificate as collateral? The purpose of writing this journal is to find out how to apply for credit with land certificates as collateral. This study uses a normative juridical approach, with analytical descriptive specifications. Data obtained by literature study. The conclusions obtained from the writing are: collateral is the ability of the debtor to fulfill or pay off his debt to the creditor, which is carried out by holding certain objects of economic value as dependents on the loan or debt received by the debtor to his creditor. Indeed, a certificate can be used as collateral for a debt, but this cannot be done, because the debt agreement is not followed up with a mortgage agreement.
Redesign The Relevance Of Justice In Debtor Protection Related To Parate Executions Performed By Separate Creditors In Liability Agreements Binov Handitya
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.18626

Abstract

The existence of Articles 55 and 56 of Act No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy carried out by separatist creditors against creditors is weak, this is due to the absence of legal remedies that can be taken by debtors during bankruptcy has been found to have happened to him. Therefore, it is necessary to have a disposition of justice in protecting debtors from the rights of separatist creditors. The implementation of bankruptcy as referred to in Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to the debtor, considering that the two articles are only based on the existence of debt from the debtor and are related to the position of solvent or insolvency based on the creditor's view alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) The factors that have resulted in bankruptcy law so far have not been fair to debtors are legal factors, namely in the form of the provisions of Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors the law even though it is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) Therefore, it is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004.

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