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 Analysis of Islamic Law About The Differences of Friday Sermon with The Two Azan ]]>
<![CDATA[Muarif, Yahya Zainul]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27663
<![CDATA[This study aims to find out the Islamic law regarding the difference in the number of azan on Friday sermon. The difference is based on the opinion of the scholars who have a strong basis. The differences of opinion among the scientist, when examined in depth, will not actually be a cause of conflict, let alone divisions; instead, they are an alternative or choice in carrying out religious duties. For example, the scholars' differences regarding the Friday sermon with two call to prayer are part of the wealth of Islamic legal treasures which can be practiced at Friday sermon, both using two call to prayer or one call to prayer is sufficient as a call for Friday sermon. This study used a descriptive qualitative method with a literature study approach. The conclusion of this research is Friday sermon, its an opinion that is superior, namely the opinion that the Friday sermon should be performed with two azan, but there is no need to arrogantly humiliate people who perform Friday sermon with one call to prayer.]]>
<![CDATA[The Implementation of a Complete Systematic Land Registration Program to Realize Legal Protection and Public Welfare ]]>
<![CDATA[Nareswari Kencana]]>;
<![CDATA[Liza Priandhini]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.26757
<![CDATA[Land registration is one of the government's efforts to overcome land problems in Indonesia. One of the government's programs in an effort to maximize land registration in Indonesia is through a complete systematic land registration (PTSL) program/policy to ensure legal certainty and protection in order to create prosperity in the land sector for the community. Therefore this study aims to examine the problems that often occur in the implementation of PTSL in South Tangerang City and provide input regarding the concept of law enforcement for the implementation of PTSL so that it can run optimally. This research is an empirical juridical research with a form of diagnostic and descriptive research using two data collection tools, namely the study of documents or library materials, and interviews with South Tangerang City ATR/BPN officials and the community. The results of the study show that there are many problems in the implementation of PTSL in South Tangerang City caused by the not yet optimal Legal Structure and Legal Culture besides that there are also many technical obstacles. Second, the enforcement efforts that can be carried out are improvements in legal structure and legal culture, including increasing the number of PTSL officers and providing massive education to the public about the importance of land registration and the legal consequences received when committing fraud in land registration.]]>
<![CDATA[The Implementation of Legal Position Regulation of Head of Services/Agency in Local Government ]]>
<![CDATA[Permadi Setyonagoro]]>;
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Slamet Hari Sutanto]]>;
<![CDATA[Galih Puji Mulyono]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27505
<![CDATA[The modern rule of law is a basic concept in every government activity. In the development of state administration, government activities are no longer just implementing laws as described in the trias politica concept, but also attaching the authority to make regulations, a decision that is regulating as a legal forum for policies issued. This study aims to analyze the legal position of the head of service/agency regulations that have been used in the administration of local government. The research method used is legal research with a statue approach, and a conceptual approach. The result of this research is that the regulation of the head of the service/agency does not have a position in the legislation as intended in the Act. This study is a normative juridical study, which is aimed at examining legal principles, legal systematics, research on vertical and horizontal synchronization, legal comparisons, and legal history. The result of this research is that the regulation of the head of the service/agency that administers the regional government does not have a legal position in the hierarchy of laws and regulations as regulated in the Act. Material and formal regulations of the head of service/agency are not legal products that contain rageling material. The regulation issued as a form of discretion by the head of the service/agency should only be in the form of a circular letter.]]>
<![CDATA[The Model Regulation of Know Your Customer Principles in Technology-Based Lending and Borrowing in Indonesia ]]>
<![CDATA[Putri Purbasari Raharningtyas Marditia]]>;
<![CDATA[Ridani Faulika]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.22560
<![CDATA[The Financial Services Authority Regulation Number 77 /POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services does not provide details on the process of applying the know-your-customer principle. As Article 42 of the Financial Services Authority Regulation Number 77 /POJK.01/2016 only states that organizers are required to implement anti-money laundering and terrorism financing prevention programs in the financial services sector. Cases on users who can use many online loan applications (pinjol) unfairly, proves that there are loan companies disregarding the background, eligibility and ability of the borrower or known as credit scoring, which is the method used by a financing institution/bank in determining whether or not it is appropriate to receive a loan from the institution. Currently, the Financial Services Authority (OJK) itself has prepared a Draft OJK Circular Letter (RSEOJK) on Guidelines for the Implementation of Anti-Money Laundering and Prevention of Terrorism Financing Programs for Information Technology-Based Borrowing-Lending Service Providers which can be used as a basis for implementing KYC p2p lending activities in Indonesia. This research is conducted based on the above, the writing method is a normative juridical method with a statutory and conceptual approach. The purpose of this study is to provide an overview and analysis related to the implementation of KYC consisting of Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD), which may provide better protection than previous regulations. Based on this, the writer is interested in doing this research]]>
<![CDATA[The Essence of Rationality Concept in Contracting Islamic Economics Business ]]>
<![CDATA[Wahyudi, Trubus]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.21007
<![CDATA[This research aims to know the paradigm of sharia economic business contracting activities carried out by humans as God's caliphs on earth should be carried out in good faith and understand the concept of contractual rationality and the obligation to help each other in carrying out Islamic economic activities which aim, among other things, to worship Allah SWT. Humans are ordered to believe in the Day of Judgment, because all the behavior of human economic activities will be controlled and he is aware that all his actions will be held accountable later by Allah SWT. In the matter of contracting/agreements, Islam provides guidelines as stated in the letter Al Isra'(17) verse 34 which means: "And fulfill the promise, in fact the promise must be held accountable". The approach method used in this paper is the normative juridical approach. Normative juridical legal research is legal research carried out by examining the law legally as it is according to library materials or secondary data obtained and related to the material being studied. Secondary data is meant to collect data by means of library research in order to obtain a theoretical basis, which is grouped into 3 (three) legal materials, namely 1) primary legal materials, 2) Secondary legal materials. 3) Tertiary Legal Materials, namely legal materials that are supporting in nature to be able to provide instructions and explanations for primary and secondary legal materials. The purpose of discussing the article with the title Essence of the Concept of Rationality in Shari'ah economic business contracts is to reveal the very essence of how Islam provide a compass direction and solutions for various economic business contracting activities that are faced by humans in general, so that they get a handle on the boundaries of halal and haram related to the values contained in the teachings of Islam itself ; including the birth of a contract in a sharia economic business which is the main guide in contracting sharia economic business, therefore an actor in a sharia economic business contract must understand the concept of rationality in contracting sharia economic business, universally aiming to achieve mashlahah and or falah.]]>
<![CDATA[The Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War ]]>
<![CDATA[Marwah Marwah]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.25511
<![CDATA[The predatory pricing is inherently a dynamic strategy typically taking place in a single market, whereby a firm incurs a sacrifice in the short run to exclude competitors, in order to acquire a dominant position. In order to establish fair business growth and ensure equal business opportunities, a healthy environment for the business competition is highly needed. Since 2014, the market share of the ride-hailing sector in Indonesia has been dominated by three providers, namely Grab, Gojek, and Maxim. The three companies provide subsidies and discounts on services-price so that users' rates are cheaper than conventional taxis. This certainly has led to unfair competition and is very detrimental to conventional taxi. This research is normative juridical research that uses a statutory approach and a conceptual approach to analyze the alleged predatory pricing practices in the ride-hailing industry in Indonesia from the perspective of business competition law. The results show that the imposition of unfair prices can be seen from prices gap shown in the application with prices imposition, which should be based on travel distance in order to acquire a dominant position allowing it to recoup its losses and earn supracompetitive profits in the long run. This pattern of sacrifice-then-recoupment is found in the case law as well.]]>
<![CDATA[The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public ]]>
<![CDATA[Samosir, Tetti]]>;
<![CDATA[Harlina, Indah]]>;
<![CDATA[Akbar, Fikri Miftakhul]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27920
<![CDATA[The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.]]>
<![CDATA[The Re-Narrate the Relevance of Justice in Debtor Protection Related to the Parate Execution Carried Out by Separatist Creditors ]]>
<![CDATA[Riyanto, Taufan Fajar]]>;
<![CDATA[Taufiq, Muhammad]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27980
<![CDATA[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. 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 is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) It is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004. So that the provisions of Article 55 and Article 56 of Act No. 37 of 2004 read: Article 55 of Act No. 37 of 2004: 1) Due to observance of the provisions as referred to in Article 56, Article 57, and Article 58, each Creditor holding a lien, fiduciary guarantee, mortgage, mortgage, or other collateral right, may exercise his rights as if there had been no bankruptcy.]]>
<![CDATA[The Legal Study of Electronic Contracts in Buying Selling based on the Legal System in Indonesia ]]>
<![CDATA[Aryani Witasari]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.28589
<![CDATA[The current development of contract law is no longer limited to contract agreements made conventionally, but has developed in contract agreements made electronically. The purpose of this study is to analyze the position of electronic contracts based on the legal system in Indonesia. The research method used is through a normative juridical approach by describing and analyzing the results of the research qualitatively in relation to the laws and regulations that form the basis of the study. The results of the discussion show that the contract law system in Indonesia adheres to an open system based on the principle of freedom of contract. Everyone is free to enter into an agreement in any way and regardless of its form, as long as it fulfills the requirements for the validity of the agreement as stipulated in the provisions of Article 1320 of the Civil Code. Contracts made electronically by the parties, as long as they comply with the provisions of Article 1320 of the Civil Code, remain valid. One problem that often arises is proving the existence of an agreement between the parties, because in contracts made electronically, the original signatures of the parties are usually not attached.]]>
<![CDATA[The Comparative Study of Notary in Indonesia & Malaysia with Two Differences Law System (Civil Law & Common Law) ]]>
<![CDATA[Victoria, Ong Argo]]>;
<![CDATA[Kusriyah, Sri]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.28784
<![CDATA[This research aims to know the comparison of law system of notary in Indonesia and Malaysia with two differences system both are civil law and common law and also to know notary’s authorized to make authentic deeds regarding all actions, agreements and provisions required by the laws and regulations and/or that the interested party wants to be stated in the authentic deed, guarantees the certainty of the deed creation date, keeps the deed, provides grosse, copies and excerpts of the deed , all of them as long as the deeds are drawn up, they are not assigned or exempted from other officials or other people as stipulated by law. Therefore, the general power (openbaar gezaag) based on the law assigns the officer concerned to produce written evidence as desired by the parties with authentic power. The approach method used in this study is primarily a descriptive analysis approach with legal comparison methods. This means that all notaries must comply with the Notary Code of Ethics. What is stated in the notary code of ethics made by the INI organization which is the only notary organization that is legally incorporated in accordance with UUJN. The result means that all notaries must comply with the Notary Code of Ethics. While starting January 5, 2015 the Embassy in Kuala Lumpur requires appointments for all notarial services. Please bring your appointment confirmation sheet and arrive at the embassy 10 minutes before the appointment time. It can provide most of the same notarial services that a public notary is authorized by law to perform within the United States. Services are similary available as in U.S. and to foreign nationals with documents intended for use within the U.S. By following to the ACS Unit when requesting notary services: The documents to be notarized, including attachments, if any. The passport and  one  other  photo  identification.  Witnesses,  if required. (Consular staff are not alloitd to serve as witnesses.) $50.00 or the equivalent in Malaysian ringgit for each seal. Notary fees can be paid in cash or by credit card.]]>
