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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 10 Documents
 1 
Search results for , issue "Vol 9, No 2 (2022): June 2022" : 10 Documents clear
The Role of Notaries and Land Titles Registrar in Collecting Duties on The Land and Building Rights Acquisition on The Making of Sale and Purchase Deeds in Singaraja City Nyoman Edy Febriana; I Wayan Parsa; I Gede Artha; I Nyoman Bagiastra
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.21362

Abstract

The main objective of this study is to know the role of Land Titles Registrar (PPAT) in collecting duties on the Land and Building Rights Acquisition (BPHTB) on the sale and purchase transactions in Singaraja City. Furthermore, we investigate the duties and obligations of the PPAT in supervising the payment of BPHTB. The research was conducted using a qualitative approach with empirical juridical methods. The main finding is the role of PPAT as the official who makes BPHTB quotations during sales and purchase transactions in Singaraja City shows a very important role. Also, we have presented the duty and obligation of PPAT in supervising the payment of BPHTB is to make taxpayers aware that taxes are paid in accordance with applicable regulations.  
The Implications of Islamic Law Related to the Implementation of CashWaqf /Money Muchtar Anshary Hamid Labetubun; La Ode Angga
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.21148

Abstract

. Cash Waqf is a term that is becoming familiar in today's society, because Cash Waqf usually refers to cash deposits in financial institutions such as banks, where Cash Waqf is usually invested in profitable business activities, profits from the investment results are used for everything that is socially and religiously useful. The purposes of this research to analize Cash Waqf that is carried out by a person, group of people, and institutions or legal entities in the form of cash/money. Also included in the interpretation of money are securities, such as shares, checks, and others. The method used in this study was normative juridical for analyzing legal issues contained in legislation related to the problem under study with qualitative analysis. The results showed that endowments in the form of cash are permissible as long as the money is invested in a business for results (Mudharabah), after which the profits are distributed according to the endowments. So that the money represented is always, on the contrary, what is informed to the mauquf ‘alaih is the result of developing the endowment of the money. However, there are several main challenges in developing the potential of Cash Waqf in Indonesia in addition to governance challenges, including the low literacy of the Indonesian people about Cash Waqf and limited financial instruments in developing the value (assets) of Cash Waqf.
Juridical Study of Reforming the Criminal Procedural Law System regarding Pretrial Institutions after Constitutional Court Decision in Indonesia Nurbaedah Nurbaedah
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.21530

Abstract

This study examines the problem of reforming the criminal procedural law system regarding pretrial institutions in Indonesia after the decision of the Constitutional Court No. 21/PUU-XII/2014. The purpose of this study is to analyze in an effort to reform the criminal procedural law system regarding pretrial institutions in Indonesia. This research method uses normative legal research. The results of this study describe that the changes in the Criminal Procedure Law System Regarding Pretrial Institutions in Indonesia after the Constitutional Court Decision No. 21/PUU-XII/2014 are the scope of pretrial examination is not only limited to whether or not an arrest, detention, termination of investigation or termination of prosecution is legal; compensation and or rehabilitation for a person whose criminal case is terminated at the level of investigation or prosecution; whether or not the determination of a suspect, confiscation and search is valid, but also has the authority to test whether the investigation is legal or not, in the case that the case being investigated has ne bis in idem elements, the case being investigated has an error in persona, the case being investigated is strongly suspected of being a criminalization. Examination material in pretrial cases is not only on procedural law enforcement actions, but can enter case material so that a simple, fast, and low-cost trial can be well integrated in the criminal procedural law system. The pretrial institution as a control function can concretely guarantee the balance of rights of Indonesian citizens who are in contact with criminal cases, both as investigators, witnesses, and suspects.
The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors Teddy Asmara
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.21053

Abstract

The execution by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to the justice of Pancasila. The method used was a non-doctrinal method. Based on the data obtained, it can be seen that the execution of bankruptcy 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 which shows that the execution of bankruptcy with collateral rights without having to go through bailing in court, the meaning of debtor insolvency should be an examination in court or through bailing related to the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors alone. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, in accordance with the view of respect for human values or human rights awards in the form of equality before the law so as to be able to realize social justice execution of bankruptcy that is able to protect the interests of separatist creditors while protecting debtors.
The Examination of Anti-Money Laundering Laws in Nigeria as International Law Overview Maruf Adeniyi Nasir
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.21234

Abstract

The money laundering along with other economic and financial crimes continues to increase unabated. It remains one of the major problems of the country which has retarded immensely its growth and economic development. This research aims to examine the provisions of the current Anti-Money Laundering Act in Nigeria, as the country is under obligation to comply with the international standard, having signed and ratified “Vienna Convention and Palermo Convention”. This research used a doctrinal method which examined and analysed the provision of the Money Laundering (Prohibition) Act 2011. A deducible impression that this created is that it is either those laws are not effective or there is no political will to execute. Combating money laundering therefore requires more than having an array of legal framework. The implementation of those laws is germane for a desire result.
The Criminal Law & Muamalah Studies on the Affiliator Role of Binary Option Transaction Any Ismayawati; Inna Fauziatal
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.22366

Abstract

The development of the digital world today has not been fully followed by the development of human capabilities in the digital field. This is what gives rise to various problems, especially in facing the trend of digital transactions, such as Binary Option. The most obvious impact in digital transactions is the emergence of affiliates who take huge profits on the losses of their transaction partners. Regarding to above statement, this study aims to explore the role of trading affiliater in digital transactions, the performative function of criminal law, and the perspective of sharia contracts in muamalah about Binary Option. The method of this research is normative research using a statutory approach in criminal law and sharia contracts in muamalah. The results showed that the role of affiliates in Binary Option is to influence business people to enter the circle of online type transactions, by promoting that Binary Option are fast, easy and very profitable transactions. In the perspective of criminal law shows that those committed by affiliates in Binary Option are included in the criminal act of fraud. Likewise in muamalah, digital transactions such as Binary Option are classified as prohibited transaction because it contains elements of Gharar and it is not called selling in Islam.
The Land Legal Politics in Creating the Prosperity of Indonesian Society Tiromsi Sitanggang; Sumarno Sumarno
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.22689

Abstract

Land is a necessity that is needed by citizens, in the current era, it is inseparable from various kinds of interests that result in the occurrence of land politics. The purpose of this paper is to find out and analyze the politics of land law to create people's prosperity. The approach method uses a normative juridical approach. The results of the writing can be concluded that the politics of land law in creating people's prosperity is carried out by laying the foundations for the preparation of the National Agrarian Law, which will be a tool to bring prosperity, happiness, and justice to the state and people, especially the people. In the context of a just and prosperous society and the implementation of land law politics in creating people's prosperity, it is regulated that the distribution of land rights that can be granted can be distinguished as regulated in Article 16 paragraph (1) of the Basic Agrarian Law.
The Constitutionality of Notaries Honorary Assembly in the Enforcement of the Notary Ethics Code Sulistyowati Sulistyowati; Umar Ma’ruf; Deva Rita
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.22761

Abstract

In general, Notaries are regulated in Act No. 30 of 2004 concerning the Position of Notary and Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Position of Notary. A notary, in this case, may also double as a Land Deed Making Officer. The research used normative juridical methods with descriptive analytics. Prioritizing secondary data, namely literature studies, verdicts, books, and others, as the primary data. Indonesia, as a country of law, of course, everything has been regulated by regulations. This applies to all sectors and professions in Indonesia, including notarial matters. The Notary Profession is a legal profession that is entirely in demand. The position of a Notary is considered a noble profession, but there are still notaries who make mistakes or are negligent in carrying out their positions. Therefore, an institution is required that carries out supervision of a Notary. The institution is now known as the Honorary Assembly of Notaries. However, the existence of the Notary Honorary Assembly has not entirely caused trust in the community because it is still considered to cover up the mistakes of notaries who have harmed the community in carrying out their duties. The recruitment process that has not been transparent and involves the public may be one of the causes of the lack of such trust. So, in this case, the Notary Honorary Assembly must update its recruitment pattern.
The Strengthening Position and Functions of Waqf on Nadzir as an Independent Institution Faisal Faisal; Nursariani Simatupang
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.22955

Abstract

The purpose of writing in this study is to find out and analyze the position and function of nadzir Waqf as an independent institution so that it is expected to strengthen the role of nadzir Waqf in carrying out their duties, the approach used in this study uses normative juridical, the results of the research result state that Nadzir as the party who will determine the success of the Waqf implementation, only as an administrator who does not have more power, power and authority in managing the Waqf property that has been handed over to the Waqf. This is of course inseparable from the laws and regulations governing Nadzir Waqf itself as a guide in carrying out its activities, Nadzir Waqf in carrying out its duties and functions must pay attention to and be subject to various laws and regulations that are so many, many rules that must be obeyed by Nadzir made Nadzir inflexible in carrying out the development and management of the Waqf property.
The Effectiveness of Decentralization Policy in Local Government Administration Zaenal Arifin Hoesein; Arifudin Arifudin; Susi Dian Rahayu
Jurnal Akta Vol 9, No 2 (2022): June 2022
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.v9i2.23544

Abstract

Article 18 paragraph (2) and paragraph (5) of the 1945 Constitution stipulates that the Regional Government is authorized to regulate and manage its own government affairs according to the principles of autonomy and co-administration and is granted the widest possible autonomy. The granting of the widest possible autonomy to regions is directed at accelerating the realization of community welfare through service improvement, empowerment, and community participation. Regional formation is basically intended to improve public services in order to accelerate the realization of community welfare as well as as a means of political education at the local level. For this reason, the formation of a region must take into account various factors such as economic capacity, regional potential, area, population, and considerations from socio-political, socio-cultural, defense and security aspects, as well as other considerations and conditions that enable the region to organize and realize the objectives of the establishment. By using descriptive analytical research method the results of this research are decentralization is the delegation of government power from the central government to regions to manage their own households, or regions are given autonomy to become autonomous regions. Decentralization is intended to give authority from the state government to local governments to regulate and manage certain affairs as their own household affairs. Therefore, the birth of Act No. 23 of 2014 concerning Regional Government, especially the essence of decentralization, is basically in the framework of accelerating the distribution of community welfare, especially in the regions.

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