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[KEDUDUKAN HUKUM DAN HAK PENJAMIN TERHADAP JAMINAN KREDIT ATAS PENYELESAIAN KREDIT YANG DILAKUKAN OLEH PENJAMIN TERHADAP DEBITUR YANG WANPRESTASI (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2016/PN.PWT) ]]>
<![CDATA[Budi Primalia Aldanita]]>
<![CDATA[ Jurnal Akta Vol 3, No 4 (2016) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v3i4.2920
<![CDATA[Perjanjian kredit merupakan perjanjian yang melibatkan debitur dan kreditur, dan terkadang melibatkan pihak ketiga sebagai penjamin kredit. Pihak kreditur tentu berharap pihak debitur dapat memenuhi prestasinya dengan membayar angsuran kredit tepat waktu. Prakteknya, tidak semua debitur dapat memenuhi prestasinya baik disengaja atau tidak, bahkan memenuhi unsur wanprestasi seperti pada kasus Putusan Nomor 05/Pdt.G/2016/PN.PWT yang dikaji dalam tesis ini.Tujuan penelitian ini adalah untuk menganalisis: 1) Kedudukan hukum dan hak penjamin terhadap jaminan kredit atas penyelesaian kredit yang dilakukan oleh Debitur yang wanprestasi dalam Putusan Nomor 05/Pdt.G/2016/PN.PWT, 2) Kendala dan solusi atas penyelesaian kredit yang dilakukan oleh penjamin terhadap debitur yang wanprestasi dalam Putusan Nomor 05/Pdt.G/2016/PN.PWT, dan 3) Akibat hukum atau perlindungan hukum penjamin dalam Putusan Nomor 05/Pdt.G/2016/PN.PWT.Penelitian ini merupakan penelitian deskriptif dengan pendekatan hukum normatif. Data yang digunakan adalah data sekunder dan data tersier sebagai data penunjang, yang kemudian dianalisis dengan metode deskriptif-kualitatif.Berdasarkan hasil penelitian yang diperoleh disimpulkan bahwa 1) Kedudukan hukum Penjamin dalam perkara Nomor 05/Pdt.G/2016/PN.PWT adalah sebagai debitur yang berkewajiban untuk membayar kredit debitur, 2) Kendala dalam Putusan Nomor 05/Pdt.G/2016/PN.PWT adalah pihak debitur tidak beritikad baik, dan solusinya adalah melalui jalur hukum dan sudah tepat, karena memiliki kekuatan hukum yang sah dan mengikat semua pihak, 3) Akibat hukum atas Putusan Nomor 05/Pdt.G/2016/PN.PWT. adalah ditetapkannya penilaian wanprestasi kepada Andy Syah Putra selaku debitur dan mengakibatkan Yohanes Sucipto Dadi menjadi debitur dan memenuhi kewajibannya membayar semua hutang Andy Syah Putra. Perlindungan hukum bagi Penjamin atas Putusan Nomor 05/Pdt.G/2016/PN.PWT. adalah keputusan Majelis Hakim Pengadilan Negeri Purwokerto dengan mengabulkan gugatan Penjamin.Kata Kunci: Kedudukan hukum, Hak, Penjamin, Penyelesaian kredit,Debitur wanprestasi]]>
<![CDATA[KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN ]]>
<![CDATA[Rizqi Iman Aulia Luqmanul Hakim]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Akta Vol 4, No 2 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i2.1785
<![CDATA[The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective]]>
<![CDATA[Weakness Of Political Law Notice Not Reflecting Justice For Notary ]]>
<![CDATA[Rais Firdaus Handoko]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.9190
<![CDATA[The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description.Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty.This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations.Keywords: Political Law; Notary; Justice.]]>
<![CDATA[Land Rights Dispute Resolution Through Mediation Process With Involving Third Parties For Buyers (Case Study In Blora District Land Office) ]]>
<![CDATA[Indra Kurniawan]]>;
<![CDATA[Umar Ma’ruf]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4255
<![CDATA[The purpose of this study was to: 1) To analyze the role of a third party as a buyer in the resolution of land disputes in the District Land Office Blora 2).To analyze constraints and solutions in the settlement of land disputes by mediation in Blora District Land Office.The research method approach used by the authors is empirical juridical approach. Specifications research using analytical descriptive. The data used is data qualitative, while the data collection techniques used were interviews and literature.From the research we concluded that 1) A third party that acts as a creditor with good intention to buy the land on which the object is helpful in resolving issues of conflict between the parties, so that the conflict can be resolved without going through the litigation. 2) Obstacles encountered in the process of mediation in Blora district land office the address of domicile of the parties is less clear, the willingness of the parties to attend mediation, the emotions of the Parties and the willingness of the Parties to resolve the conflict by peaceful means. Notice mediation may be submitted to the village chief residence of the parties. Mediators should create an atmosphere of calm, relaxed but focused on the purpose of mediation.Keywords: Mediation; The parties; Barriers; Solutions]]>
<![CDATA[Supervisory Role Of Regional Assembly (Mpd) On Notary Monitoring In Leaving The Area Without Legal Reasoning Which More Than 7 (Seven) Working Days In Banjarnegara ]]>
<![CDATA[Alfian Ridho Chusosi]]>;
<![CDATA[Carlito Da Costa]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3096
<![CDATA[In the Constitution of the State in 1945 expressly stated that the Republic of Indonesia is legal state, is thus one of the most important tasks for the government is provide and ensure a sense of legal certainty for the citizens of the community members. In certain fields this task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Agreement made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No. 30 of 2004 jo Act No. 2 of 2014 concerning Notary. The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Public Notary in the running position. In carrying out the duties of office of the Notary not only carry out the work mandated by legislation alone as well as running a social function that is very important is to be responsible for carrying out the trust placed in the general population it serves, Notary authorized to make the authentic act on all agreements, agreements and statutes required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic agreement, agreement of guarantee certainty of the date of manufacture, save agreement, giving grosse, copy, and official copies.Keywords: Public Notary, Regional Assembly, Legal Reasoning]]>
<![CDATA[KONSEP IDEAL PEMBUATAN AKTA PERJANJIAN KERJA OUTSOURCING WAKTU TERTENTU (STUDI DI BANK JATENG) ]]>
<![CDATA[Chrys Wahyu Indrawati]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1803
<![CDATA[Research on "The Ideal Concept of Establishing a Deed of Working Outsourcing of Certain Time (Study In Bank Jateng)" aims to know and analyze outsourcing agreement for certain time in Bank Central Java still cause uncertainty to employees and the ideal concept of employee outsourcing agreement certain time. This research approaches sociological jurisprudence and data collection through interviews, document studies and bibliography, as well as qualitative data analysis.Establishment of Deed of Working Agreement of Outsourcing of Certain Time in Central Java Bank has not applied the principle of freedom of full contract or using standard agreement. The employment agreement still creates uncertainty for employees because of employment agreements such as provisions requiring employees to submit an original diploma that leads to uncertain employee futures because employees do not have a chance to find another job better and there is no provision for contract renewal. In addition, there is still the influence of Central Java Bank in the work agreement between the providers of labor with workers whereas Central Java Bank is not a party to the agreement or the worker has no legal relationship with the Central Java bank. The effect is in terms of placement of labor and the termination of the employment agreement and the absence of a guarantee whether the workers will work continuously on the employment provider. Barriers to employees who have completed a certain time outsourcing agreement that is no term extension of the contract and Bank Central Java can not intervene directly on a certain time outsourcing agreement between PT Bhumi Elang Perkasa with labor security unit that is not renewed his contract period. The solution selects recruitment of contract employees who have completed certain time outsourcing agreements as permanent employees and extend the contract period in certain time outsourcing agreement in the provision of security unit personnel between PT Bhumi Elang Perkasa and Bank Jateng Ideally Employee Employee Outsourcing Working arrangements should consider the principles of the agreement, particularly the principle of freedom of contract. Although this is very difficult because of standard agreements that have been standard applied by the company because it is related and influenced by company regulations. Companies should provide a wider protection of labor to create a balanced working relationship. One effort that can be done is to provide an opportunity for the workforce to contribute to determine the contents of the agreement and or to approve or disapprove of certain things that may be done by both parties. One of the provisions that can be accommodated is the provision of the obligation to submit a diploma as a guarantee, the terms of the certainty of employment, and the working relationship between the provider of labor, the user labor and the labor itself.Keywords: Deed, Specific Time Working Agreement, outsourcing]]>
<![CDATA[The Strength Of Legal Deed Auction Summary Of Burdened Of Confiscation Based On Regulation Of Finance Minister Number 27 / Pmk.06 / 2016 In The City Of Semarang ]]>
<![CDATA[Ferry Setiawan Setiawan]]>;
<![CDATA[Yanto Risdianto]]>;
<![CDATA[Soegiyanto Soegiyanto]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7879
<![CDATA[The purpose of this study was to: 1) To Know the Auction for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. 2) To know the Power of Law Treatise Deed Auctions for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. The data used in this study are primary data and secondary data and data that can support tertiary study, which was then analyzed by normative juridical method.Based on the results of data analysis concluded that: 1) How the Auction of Goods Seized Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. In the official auction assisted by guides who guilty of employees DJKN, the auction progresses No offers the winning auction is bidders who bid the highest. Each implementation of the auction will be charged Customs Auction accordance with government regulations governing the types and rates of non-tax state revenue. Payment of the auction price and Customs Auction shall be made in cash or check or checking account, no later than five (5) working days. In the case of submission of official documents of the auction must submit the original document of title or goods are auctioned off to the buyer or winning bidder no later than 1 (one) working day. Buyers must show proof of payment of the form and submit proof of deposit Tax on Acquisition of Land and Building If items such as land and buildings. 2) How the Legal Power of The Minutes of the Auction the Seized Goods Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. Deed Auctions treatise consists of body deed, deed and leg mid deed which contains about the day, date, type of goods, address of the seller, as well as goods sold. Minutes of Deed Auctions is an authentic deed made by officials of the auction and use the laws and legislation so this auction treatise deed has permanent legal force if there are problems in the future.Key Words: The Power of Law; the Deed of Auction; Goods Burdened Confiscation.]]>
<![CDATA[The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement ]]>
<![CDATA[Dikha San Mahresi]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3171
<![CDATA[The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary]]>
<![CDATA[PERAN DAN TANGGUNG JAWAB NOTARIS TERHADAP PELAKSANAAN PENDAFTARAN BADAN HUKUM PERSEROAN TERBATAS MELALUI SISTEM ONLINE ]]>
<![CDATA[Erina Permatasari]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1814
<![CDATA[The aims of this research were to looking for and analyzing: 1) Company registration procedure by online sysem, 2) Notary’s role and responsibility in the company registration by online system, if had error inputing data, 3) the law effect of notary’s role and responsibility if had been error inputing data, from UU ITE sight and 1365 KUHPerdata chapter sight. Data using was primary data, secoundary and tersier as supporting data, and then analized by quantitative-descriptive methode.Based on nalizing result had some conclusion that: 1) Registratin company procedure by online system that in generally beginning from company name order and been follow up with making the companies act as the SABH forms in electronics by notary. If the data input was complete and right also had been agree by Law and human Right Ministery so been had Decission Letter of law entity legalacyby Minister. 2) Role of the notary in company registration with online system was since client ask to registration the company until Decission Letter of law entity legalacyby Minister was out. The notary responsibility if done guilty like error inputing data, no related with UU ITE because no chapter about, but with 1365 BW chapter where doing of error inputing data was harming another person so hane to re the harmed with repairing the data and make act changing. Keywords: Notary, Company Resgistration, Online]]>
<![CDATA[The Regulation of Ownership of Agricultural Land Rights that Exceeds the Maximum Limit ]]>
<![CDATA[Ana Rubiyani]]>;
<![CDATA[Ahmad Ridwan]]>
<![CDATA[ Jurnal Akta Vol 7, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i3.11278
<![CDATA[Land is a form of gift given by God, but human has given brain to think the challenges of live like the land problems, so that the government tries to regulate it properly. The problems in this thesis are: 1) How to regulate ownership of agricultural land rights that exceeds the maximum limit based on Act No. 56 (Prp) of 1960 concerning the Determination of Agricultural Land Areas? 2) How is the action taken by the Land Office towards ownership of agricultural land rights that exceeds the maximum limit? The method used is juridical empirical, with descriptive analytical specifications. The method used in this research is an empirical juridical approach. The results of this study are: (1) The regulation of ownership of agricultural land rights that exceeds the maximum limit is based on Act No. 56 (Prp) of 1960, namely that the provisions regarding land restrictions state that the application for ownership rights as referred to in Article 4 paragraph 1 of Act No. 56 (Prp) 1960 was limited to a maximum land area of 2000 m2. 2) The steps of the Land Office in implementing Act No. 56 (Prp) of 1960, namely the need for a concept of supervision and control over control of land rights, given the various problems that often arise such as in land registration activities.]]>
