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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 818 Documents
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The Legal Consequences Of The Unregistered Notarial Agreement Related To Paragraph 40 Government Regulation No. 24 Of 1997 About Registration Of Land On The Perspective Of Legal Philosophy Vediyas Puspa Yunansa; Umar Ma'ruf
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3091

Abstract

The land disputes caused by unregistered notarial agreement according to Paragraph 40 Government Regulation No. 24 the Of 1997 about registration of the land creates a legal issue in the society. The unfinished process of implementation causes legal uncertainty to all parties. The authentic agreement or certificate of ownership has the similar legal force and valid to all the holders. The legal consequences of the unregistered notarial agreement related to Paragraph 40 Government Regulation No. 24 the Of 1997 about the Land Registration will cause “null and void”. So the legal position related to the ownership of the land title certificate is undamaged (the legal issue doesn’t change) according to the rights holder written on it. There are two ways of completion, which are the land dispute resolution by Court (Litigation) and the land dispute resolution by non-Court (Non-Litigation).Keywords: Notarial Agreement; Land Registration; Legal Philosophy.
KAJIAN HUKUM KEHARUSAN BAGI NOTARIS DAN PPAT YANG MERANGKAP JABATAN BERKEDUDUKAN DALAM SATU DAERAH ATAU WILAYAH KERJA Raden Hamengku Aji Dewondaru; Umar Ma’ruf
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1798

Abstract

View the establishment of notary formation and PPAT that have been set Based on their respective authorities, it appears that a notary can Concurrent PPAT as long as in one working area within the territory of office Notary Public. This is the author's interest to study about duplicate Position, because it does not close the possibility will happen Dual positions between Notary and PPAT which not one office but still One area of notary public. So this discourse needs to be studied in order to be able Known the possible impact that will appear.The formulation of the problem in this research are: 1.) Why are there any provisions that require notary work area / region and PPAT in one area / work area? 2.) What are the consequences or sanctions faced by a notary who holds PPAT if it is not domiciled in one territory / Working Area and 3.) What is the action done by the Honorary Assembly if the notary concurrent with PPAT is not domiciled in the same work area. The method used in this research is the normative juridical approach, the type of normative legal research. The source of the data is the secondary data. Technique of collecting data with bibliography, method of analysis by using method of qualitative data analysis. Problems are analyzed with the theory of benefit and the theory of justiceBased on the result of this research, it can be concluded 1.) Reason requiring Regional / Working Areas of Notary and PPAT in One Region / Working Area is in accordance with the Law on Notary Position and Government Regulation Number 37 Year 1998 About PPAT Regulation. 2.) Result or sanction faced by a Notary who concurrently PPAT if not domiciled in one region / work area. Legal effect to Notary Deed, the deed is null and void or can be canceled. Notary deed may be canceled because if there is a lawsuit from the parties mentioned in the deed to cancel notary deed and Legal Effect on Notary's Office. 3.) Acts Conducted by Honorary Council If Notary Accepting PPAT Not Domiciled In The Same Working Area gives warning and witness or revocation of permit. Keywords: Multiple Position, Region / Working Area, Notary and PPAT
Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari) Steffi Yesyer Palloan; Akhmad Khisni
Jurnal Akta Vol 7, No 2 (2020): June 2020
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.v7i2.7970

Abstract

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.
Effectiveness Of Online Service System In The Office Of National Land Agency Of Semarang City Delvi Amalia Rosa; Widya Pratiwi Asmara; Aryani Witasari
Jurnal Akta Vol 6, No 2 (2019): June 2019
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.v6i2.5009

Abstract

The research of "Effectiveness of Online Service System at Land Office of Semarang" aims to determine how the effectiveness of online services in the Land Office of Semarang, determine the impact and solutions online services in the Office of the National Land Agency of Semarang.The method used in this paper is the specification method of sociological judicial collecting data to obtain data that will be used as the contents of a journal through interviews with officials of the National Land Agency of Semarang or by observing the object to obtain data. Then it will be carried out analysis of data obtained from various sources.The results showed that the use of systems-based services online have efficacy and good effect because it allows officers to check the lack of service the Land Office of Semarang, while the various obstacles that arise regarding the use of services of National Land Agency online, but all obstacles superbly gain solution. Both solutions have been realized and those still in the proposal.Keywords: Effectiveness; Service; National Land Agency
ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015 Wisda Rauyani Efa Rahmatika; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1809

Abstract

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary
The Role And Notary Responsibilities Of Establishment Of A Commanditary Fellow Nailatul Muna; Cahaya Mutiara Mardiana Putri; Anis Mashdurohatun
Jurnal Akta Vol 7, No 2 (2020): June 2020
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.v7i2.7632

Abstract

The purpose of this study was to: 1) Analyze know their roles and responsibilities in the establishment of the Guild Commanditaire Notary. 2) Obstacles encountered in implementing the Notary's role and responsibility in the establishment of the Guild Commanditaire. 3) The solution or an attempt to overcome the obstacles encountered in implementing the notary's role and responsibility in the establishment of the Guild Commanditaire.This study using sociological juridical approach or empirical legal research involves studying law from an external perspective to the object of the study of social attitudes and behavior against the law. Sources of primary data from interviews, while secondary data from literature. The study was analyzed by using a descriptive analysis.The research results are: 1). Roles and responsibilities in the establishment of the Guild Commanditaire Notary is to create legal certainty for the deed he made are authentic and can be used as a means of proving strong and when there are problems associated with the establishment of a limited partnership. Notary also instrumental in the establishment registration Kommanditgesellschaft the Ministry of Law and Human Rights through an online system that is SABU. Notary responsible for storing all documents in the manufacture of the deed of establishment. 2). The obstacles faced by the Notary is the rule about registering through SABU is still relatively new so in the field occurred constraints for example, many notaries are not yet aware of any changes to the rules and the registration mechanism.Keywords: Guild Commanditaire; Deed; SABU.
Legal Analysis on Status as A Co-Defendant Notary in Dispute of Gather Treasure (Case Study in The Court of Ungaran District No: 105 / Pdt.G / 2016 / PN.Unr) Rudy Iskandar Ichlas; Akhmad Khisni
Jurnal Akta Vol 6, No 2 (2019): June 2019
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.v6i2.5035

Abstract

Authentic Deed is not solely determined by the law but must also be made before a public official even though the parties have signed. Pernasalahan formulation of this research: 1. How plaintiff legal reasons related to the notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr ?, 2. What legal consequences for the Notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr. In conclusion: 1). Position Anief Ratnawati, SH, Notary / PPAT in Ungaran as Co-Defendant extremely detrimental due to the lack of legal certainty as Co-Defendant and One goal (error in persona). Hence proved their obscuur libel and Error In Persona judge shall include in its decision to declare the judgment can not receive (NO: Niet ontvankelijk verklaard) lawsuit plaintiffs, 2). Anief Ratnawati, SH. as a Notary Public who is drawn into the dispute be imprecise Co-Defendant not authorized in terms of time (Onbevoegdheid ratione Temporis) and violates the principle of legality and the principles of civil law as private law. On the other hand the plaintiff proved to be an inheritance dispute within the competence of religious courtsKeywords: Legal Analysis; Notary; Co-defendant; Dispute; Gather Treasure.
Legal Protection Of Contract Employees Agreement In The Implementation Of Certain Time In Kendal (National Land Agency) Aldila Marselli; Sunardi Sunardi; Sri Endah Wahyuningsih
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3221

Abstract

Reforms in the field of employment law is done with the purpose to improve and enhance the quality of labor and personnel welfare. Reformation in the field of employment law begins with the issuance of Act No. 21 of 2000 concerning Trade Union / Labor United. Then followed with the release of Act No. 13 of 2003 on Manpower. Problems in this reasearch: (1) To identify and analyze the Implementation of the Employment Agreement in the Specific Time (PKWT) At the National Land Agency of Kendal. (2) To identify and analyze the forms of legal protection for workers at National Land Agency of Kendal with the Specific Time of Work Agreement (PKWT). The results of this study are: (1) Implementation of the Employment Agreement in the Specific Time (PKWT) at the Land Office of Kendal by implementing probation on each worker who recruits including contract workers. Which it is not supposed to apply probation at a certain time and labor agreements remain to be done if the employment agreement becomes null and void. (2) The legal protection of workers / laborers at Specific Time Work Agreement (PKWT) inemployeein practice has not run optimally, given the frequent violations, because of the vagueness of the rules on the implementation of the Employment Agreement for specific time periods, in providing protection against labor law for employees in the Land Office of Kendal.Keywords: Legal Protection; Labor Contract; the National Land Agency.
AKIBAT HUKUM JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN MENURUT UU NOMOR 42 TAHUN 1999 Muhammad Hilmi Akhsin; Anis Mashdurohatun
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1825

Abstract

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects
Law On Notary Engaged Omissions In Deed Minuta Storage Under Law Number 2 Year 2014 Concerning The Position Notary Iin Kamila; Sri Endah Wahyuningsih; Yudhi Atmaja
Jurnal Akta Vol 6, No 2 (2019): June 2019
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.v6i2.5087

Abstract

The purpose of this study was to: 1) To know and analyze the enforcement of the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. 2) To know and analyze what are the obstacles and solutions in enforcing the law against the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Keywords: Law Enforcement, Negligence Penyimpana, Minuta Deed

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