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 Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee ]]>
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Adhi Budi Susilo]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26756
<![CDATA[The transfer in Intellectual Property Rights (IPR) "can be transferred or transferred" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.]]>
<![CDATA[The Legal Comparison of Transfer of Object Fiduciary by Debtor to Third Party without Creditor's Approval ]]>
<![CDATA[Widhi Handoko]]>;
<![CDATA[Bahtiyar Efendi]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26672
<![CDATA[The purpose of this study is to find out about the Fiduciary provider in the Consumer Financing agreement with the Fiduciary Guarantee contained in the Fiduciary Guarantee Deed, it is forbidden to transfer the Fiduciary guarantee object to another party without the approval of the Fiduciary Recipient. This is because in Act No. 42 of 1999 concerning Fiduciary Guarantees there are provisions regarding the prohibition to transfer objects of Fiduciary guarantees without the approval of Fiduciary Recipients to provide legal protection to Fiduciary Recipients. The research in this paper is a normative law research. In the debtor's relationship with a third party, there is no legal relationship because the transfer of the fiduciary object is not valid as stated in Article 1320 of the Civil Code concerning the conditions for the validity of the agreement. Articles 35 and 36 of the UUJF also regulate criminal sanctions that reaffirm the prohibition of transferring, mortgaging, or leasing fiduciary guarantees as objects. In connection with the principle of providing legal certainty, UUJF adopts the principle of registration of fiduciary guarantees. The benefit of a fiduciary agreement made in writing is that the creditor holding the fiduciary guarantee in his interest will demand the easiest way to prove the delivery of the guarantee to the debtor.]]>
<![CDATA[The Legal Ethics in Financial Technology: How is it Regulated? ]]>
<![CDATA[Yeheskiel Minggus Tiranda]]>;
<![CDATA[Lutfi Trisandi Rizki]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.24000
<![CDATA[The FinTech sector in ASEAN has grown dramatically. Southeast Asian FinTechs like GoJek and Grab grew from early roots to become digital economy behemoths. New players enter the fray on a regular basis, drawn in by their success and the region's market potential for the people. The purpose of this research is to find out the regulations and ethics of financial law that are used for the welfare of the people. The approach method used was a normative juridical approach, the results of the research result state that: Regulations or laws provide a level of trust, security, and comfort for the community and are something that the state must do without exception as a state of law. One form of protection is the establishment of laws or regulations relating to lending activities, specifically to protect users' rights. To ensure that this process is successful, the state intervenes in the contractual relationship between consumers and business actors, aiming to create a balanced relationship between users and business actors. Funder protection is concerned with protection. Law provided in an effort to obtain goods and services from potential losses due to their use.]]>
<![CDATA[The Transaction E-Commerce in Islamic/Sharia Law ]]>
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26720
<![CDATA[This research aims to know e-commerce systems, sellers and buyers do not meet in person, but meet in cyberspace with the goods to be transacted usually displayed in the catalog. This kind of transaction is actually quite profitable for both buyers and sellers. Although e-commerce has spread throughout the world, there are still many Muslims who do not know the status of their online buying and selling transactions from the perspective of Islamic law. The approach method used in this research is normative juridical. The e-commerce transactions as a new business trend in this modern economic era, are not an economic activity that is prohibited by Islamic law. The conclusion, the benefit of consumers, it can be seen in Act No. 8 of 1999 concerning Consumer Protection by providing administrative sanctions against the seller/business actor if he commits certain actions that are not in accordance with the provisions stipulated in the Act]]>
<![CDATA[The Human Resource Development Strategies in Improving Employee Performance in Cooperatives ]]>
<![CDATA[Nawir Yuslem]]>;
<![CDATA[Sugianto Sugianto]]>;
<![CDATA[Reza Nurul Ichsan]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.25745
<![CDATA[This research aims to find out and analyze human resource management strategies in improving employee performance in cooperatives and determine the results of SWOT analysis of employee performance improvement strategies with IFAS and EFAS matrix can be identified important factors both from the external environment and the internal environment that become strengths, weaknesses, opportunities and threats from improved performance. The research conducted in this study was qualitative descriptive using SWOT analysis. From the results of the analysis obtained growth strategy or growth oriented strategy, this strategy signifies the state of the company that is strong and able to continue to grow by taking opportunities and opportunities that exist. To achieve maximum turnover. This strategy was chosen because the calculation results are in quadrant I where the total weighted score of weaknesses is 2.710504 while the total weighted score of the opportunity-threat 2.653142. The position on this quadrant is very profitable and can be applied to the maximum.]]>
<![CDATA[The Position of Traditional Law as a Source of Law in the Civil Law System in Indonesia ]]>
<![CDATA[Dedi Iskandar]]>;
<![CDATA[Nelvitia Purba]]>;
<![CDATA[Ismed Batubara]]>;
<![CDATA[Yeltriana Yeltriana]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26719
<![CDATA[Indonesian law essentially comes from four sources of law, namely customary law, Islamic law, ex-colonial law and ratified international treaties. But what makes it sad is that from these four sources of law, customary law is left behind or forgotten, it looks inferior compared to other laws. In scientific forums it is only used as research material and academic studies and is narrated rhetorically. Against this background, the problem studied in this research is how the position of customary law in the national legal system with a civil law pattern in Indonesia is. The research method used is normative juridical sourced from primary, secondary and tertiary legal materials. The results show that traces of customary law are scattered in legislation, as legal principles in positive law in Indonesia and also in jurisprudence. Research findings that customary law fulfills two requirements of reality and ideals as the primary source of law in Indonesian legislation.]]>
<![CDATA[The Notary Law Politics in the Notary Position Act ]]>
<![CDATA[Agung Iriantoro]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26671
<![CDATA[This study aims to determine the legal politics of the political aspects behind the process of forming laws and policies in a particular field, as well as greatly influencing the performance of relevant government institutions in that field in applying the provisions of legal products and policies, and also determine the policies of these institutions in a practical and operational setting. This research is a qualitative research with a normative juridical approach. Notary activities in Indonesia are heavily influenced by politics and law itself. The conclusion is that political influence can be seen from the making of a political product in the form of a special law that regulates the position of a notary, namely Act No. 2 of 2014 jo. No. 30 of 2004 concerning the Position of a Notary. And the status of Indonesia, which is a state of law, of course, will also affect the actions and actions of notaries because they must be guided by the applicable laws.]]>
<![CDATA[The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary ]]>
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[Ni Putu Indianita Cahyanti]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.22340
<![CDATA[This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary. ]]>
<![CDATA[The Prudential Banking Principles in Providing Subsidized Housing Loans ]]>
<![CDATA[Dora Kusumastuti]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.22556
<![CDATA[The home ownership loans are one type of credit service provided by banks to customers who want special loans to meet the needs of home ownership. Credit disbursement by banks must be carried out with the principle of prudence (prudential banking), and must go through a careful analysis of the 5C's of Credit aspects, so that the loans that will be given can be returned on time. In reality, often loans that have been distributed to debtors become non-performing loans. This study discusses the implementation of the precautionary principle and the problems faced by banks in providing subsidized mortgages. This type of research is a normative juridical research with data sources from primary, secondary and tertiary legal materials. Using literature study as a collection technique. The results of this study explain that in implementing the prudential principle of banking in providing subsidized mortgage loans, the 5C's of Credit aspects are used. And in its implementation it uses Act No. 7 of 1992. There are obstacles in the implementation of the precautionary principle, starting from the various aspects of the character of the debtor, the uncooperativeness of the debtor and the mortgage house itself whose facilities are incomplete, causing a lack of interest from the public and the lack of socialization of the minimum period of use of subsidized housing.]]>
<![CDATA[The Public-Private Partnership as Legal Instrument in the State and Regional Property Management: Challenges and Development ]]>
<![CDATA[Muhammad Ilham Arisaputra]]>;
<![CDATA[Irwansyah Irwansyah]]>;
<![CDATA[Anshori Ilyas]]>;
<![CDATA[Ahsan Yunus]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.25174
<![CDATA[This research aims to know the dynamics of the development of people’s lives are getting more advanced and the government's burden as the government administrator is increasing. This research is legal research using the statutory and conceptual approaches. This paper provides information on the latest trend in research. The results show that all State or regional property is used to maximize public services. Even some State/regional properties should be able to be enjoyed by the public. The existence of the Government and Private Entity Cooperation as one of the legal figures, which is a model of cooperation financing for the provision of infrastructure for State/regional property, in the end, actually raises legal problems related to its management. The conclusion show that the most important problem is the Government and Private Entity Cooperation, the potential for merging of public and private affairs that may participate in the provision of commercial facilities. Ideally, the Government and Private Entity Cooperation are intended to provide social and economic infrastructure in the context of public services.]]>
