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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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Notary Role in Issuing Bonding Guarantee of Bilyets Deposits as Collateral Credit on Loan Agreement Process (Case Study in Kanca BRI Blora) Yongky Pratama; Nanang Suhendar; Achmad Sulchan
Jurnal Akta Vol 5, No 4 (2018): December 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.v5i4.4129

Abstract

The purpose of this study was to: 1) Determine the implementation of binding guarantee term deposit certificate as collateral credit on the loan agreement. 2) The role of the notary in binding guarantee term deposit certificate as collateral on the loan agreement. 3) Analyze the challenges and solutions for binding guarantee term deposit certificate as collateral credit on the loan agreement (case study in Kanca BRI Blora). The method is a juridical sociological approach to the specification of descriptive analytical research. Sources of data obtained through interviews and literature.Based on the research results implementation binding guarantee slip deposits as collateral on the loan agreement in BRI Blora starting from the stage of the loan application, the stage of the agreement and the making of the loan agreement, the stage of a deed binding guarantee deposit slip, the submission phase objects assurance, the stage of the authorization, and blocking stage or in the event of default. In binding guarantee term deposit certificate as collateral on the loan agreement in Kanca BRI Blora, Notary make a letter of agreement and binding guarantee deposit slips. Barriers just a lack of understanding about people who do the will of credit, so the solution the Bank must give a detailed explanation before binding treaty process.Keywords : Collateral Credit; Guarantees Binding; Temporary Bilyet Deposits.
Pertanggungjawaban Notaris Yang Melakukan Perbuatan Melawan Hukum Dalam Pembuatan Akta Autentik Aprilia Putri Suhardini; Imanudin Imanudin; Sukarmi Sukarmi
Jurnal Akta Vol 5, No 1 (2018): March 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.v5i1.2610

Abstract

ABSTRAKNotaris adalah pejabat umum yang berwenang membuat akta autentik dan memiliki kewenangan yang lainnya sebagaimana dimaksud dalam Undang-Undang jabatan Notaris atau berdasarkan Undang-Undang lainnya. Dalam Pasal 16 Undang-Undang Jabatan Notaris disebutkan bahwa salah satu tugas Notaris adalah bertindak jujur dan amanah dalam menjalankan jabatannya. Namun dalam praktiknya banyak Notaris yang dipanggil pengadilan untuk mempertanggungjawabkan akta autentik yang dibuatnya karna mengandung unsur melawan hukum. Tindakan Notaris tersebut tidak sesuai dengan peraturan perundang-undangan dan Kode Etik Notaris dan telah menimbulkan kerugian kepada banyak pihak.Kata Kunci: Notaris, Akta Autentik, pertanggungjawaban, melawan hukum.ABSTRACTNotary is a public official authorized to make an authentic deed and has other authority as referred to in the Law of Public Notary or other Law. Article 16 of the Notary Law is mentioned that one of Notary's duties is to act in an honest and trustful manner in carrying out his / her position. In practice, however, many Notaries are summoned by the courts to account for the authentic deeds they make because they contain elements against the law. The act of Notary is not in accordance with the laws and the Notary Code of Ethics and has caused loss to many parties.Keywords: Notary, Authentic deed, Accountability, Againts the law
PEMBUKTIAN KEKUATAN AKTA DI BAWAH TANGAN YANG DILEGALISASI OLEH NOTARIS Ivanovich Suaedi; Munsyarif Abdul Chalim
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.v4i2.1775

Abstract

The verification of the power of a deed under the law legalized by a Notary who is responsible for the truth of the deed under his or her legalization is about the certainty of the signature that it is certain that the signature is indeed a party to the agreement, not someone else. The responsibility of a Notary in a Notary Law (UUJN) is explicitly mentioned in article 65 of the UUJN stating that a Notary replacement, a Notary of a Successor and a Notary Officer is responsible for each deed he has made, even though the notary protocol has been transferred or transferred to the depositary protocol. Accordingly, in the proof of a notarial deed by a notary publicly legalized by the notary does not have the perfect hill strength as it lies in the signature of the parties which, if acknowledged, is one of the most complete evidence.The method of approach used in this study is normative juridical research on the text of law alone, but involves the ability of scientific analysis of legal materials with the support of understanding the legal theory. Sources and Types of Data are based on primary legal material that is derived from the applicable Book of Law and secondary law materials consisting of reference books and Journals and scientific papers, research results relating to research materials.From the result of the research, it can be concluded that the power of deeds dehumanized by the Notary will be perfectly verified if the parties want and recognize the signature of the deed under the agreement which has been legalized by the Notary.Keywords: Legalization, Deed, Notary
The Position Of Attorney Power Of Charge Mortage Right Made By Notice With The PPAT Format Required From The Act Number 2 Of 2014 On The Position Of Notary In Pemalang City Yusuf Ady Kurniawan; Dian Rahayu Windyastuti
Jurnal Akta Vol 7, No 1 (2020): March 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.v7i1.8545

Abstract

The summary of the issues in this study is 1) how is the implementation of the Authorization of Authorization of Liability in the Barriers currently under way? 2) what are the issues raised in the implementation of the current Authorization of Burden of Rights on the Barriers? 3) How should the implementation of the Authorization of the Liability of the Liability of Barriers be made? The type of research used is sociological juridical. The result of this study is that there is a disharmony between the provisions of Article 38 of the Notary Department Law and Article 96 paragraph (1) of Equity No. 8 The of 2012. The factor affecting the emergence of the question in the making of the SKMHT is that the regulatory factor is disharmonization between Article 38 of the Notary Department Law and Article 96 paragraph (1) of Civil Code. 8 of 2012,Keywords: Position; Warrant of Burden of Rights; Notary.
Politics Law On Notary Provision Obligation to Implement Principles for Recognizing User Services (PMPJ) Hasrul Hasrul; Maryanto Maryanto
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4244

Abstract

This study aimed (1) to determine the relevant arrangements Principle Recognizing User Services, (2) To know the laws granting political liability to the Notary to apply the principle Recognizing User Services.This type of research used by the author is a normative law research. The type of approach used is the approach of law (statute approach), then analyzed using descriptive qualitative analysis.This research resulted in (1) the enactment of Act No. 10 of 2010 on the Prevention and Combating of offense of Money Laundering and Act No. 9 of 2013 on the Prevention and Eradication of the Financing of Terrorism, is a cornerstone of the principal legal for the application of the principle of Identifying Users services and reinforced by Government Regulation No. 43 Of 2015 on the Reporting Parties under the Prevention and Combating of Money Laundering. (2) Political granting legal obligation to apply the principle to the Notary Recognizing User Services is to assist governments to combat money laundering. This is because it turns out in addition to utilizing the financial institution, the money launderers also use certain professions in which the relationship between the professional and his client confidentiality is protected by law or code of conduct.Keyword: Liability Notary; Money Laundering; Principles Recognizing User Services (PMPJ).
Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law Dyatmika Malik; Mangirim Limbong; 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.v5i2.3086

Abstract

The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects
TINJAUAN YURIDIS TENTANG PEMILIKAN RUMAH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA Dhona Anggun Sutrisna; Gunarto Gunarto
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.v4i2.1793

Abstract

Investment is the source of funds management activities at the present time with the aim of obtaining maximum profits in the future. In order to improve the country’s economic growth in Indonesia, the government took measures to attract capital from abroad by way of foreign investment. The method used in this research is normative with descriptive analytical research specification, whereas the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the arrangements regarding the ownership of residential home for foregners domiciled in Indonesia is the Law of the Republic of Indonesia Number 5 of 1960 on the Basic Regulation of Agrarian Principles ( BAL ) and the execution of the Indonesian Government Regulation Number 103 of 2015 on Housing Residential Dwelling Or By Stranger that domiciled in Indonesia. Procedures for settling disputes regarding ownership of residential home for foreigners domiciled in Indonesia resolved through litigation and non-litigation.Keywords : Investment, Foreigners, Home Shelter.
Review Of The Implementation Process Of Completion Of Juridical Code Violations Of Notary In Kendari Hendro Kusuma Jaya Jaya; Amin Purnawan
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.v7i2.7881

Abstract

Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.
Implementation Of Regulation And Spatial / Head Of National Land Agency Number 2 Of 2018 On Development And Supervision Of The Land Deed Official (PPAT) Siti Rohaeti; Jawade hafidz
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4261

Abstract

The purpose of this study was to describe the shape and scope of the Development and Supervision PPAT and for Knowing Function and Purpose Implementation and Monitoring of the PPAT developing and to know the effects in Implementation of Development and Supervision of the Land Deed Official (PPAT) Semarang.This study uses the Juridical Sociological Approach. The method used is Qualitative Research Methods in the form of observations, interviews, or review of documents.The form and scope of guidance and supervision over the PPAT in Semarang done by conducting seminars, debriefing and sharing the latest information in the world of PPAT or the development of new regulations and land surrounding PPAT. Direct guidance in the sense of providing direction directly linked PPAT, Application function of supervision by the Land Deed Official Officials at the Land Office of Semarang walk quite optimal in accordance with the legislation in force, hanya only in terms of the emergence of new regulations concerning the Council of Trustees and the Supervisory Officer of the Land Deed at the central level, region and area is still in the formation process and the preparation of Inhibiting factors in the application function of supervision by the Land Deed Official Officials at the Land Office of Semarang. The ratio between the number of PPAT by the number of clerks Land Office Land Office allows limited ability to be able to perform to the maximum guidance and supervision of the PPAT in Semarang.Keywords: Guidance; Control; Land Deed Official (PPAT)
Responsibilities Of Notary In Tradding And Purchase Agreement (PPJB) In Semarang Febrika Rizki Andini; 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.v5i2.3129

Abstract

This study discussed how to be the responsibility of Notary to the authentic agreement making, which studied further is the Agreement of Tradding and Purchase Agreement. This study used sociological juridical analysis approach, with data obtained through literature and interviews, then the data were analyzed qualitatively. From the result of this study, it is agreed that the duties and authority of Notary by making a personal agreement which has been formed in Article 15 of Act No.30 Of 2004 concerning Notary Position. In this case, the notary is responsible for all agreements he/she has made. Agreement PPJB is made for the introduction and as a legal bridge to conduct the next legal screening, namely Agreement of Tradding and purchase to be read and signed in the vicinity of Notary. PPJB shall be made on the basis of the parties' persecution and prevention of default from either party. Because the Agreement of PPJB is an authentic agreement and made by or in the presence of a Notary then by itself the agreement becomes notary agreement. The power of its protection corresponds to the frequency of authentic agreements. The suggestion that can be given from this study is to further manage the Tradding and purchase agreement in Regulation, especially for the land issues. So that all parties used the Tradding and purchase agreement as engagement can be more secured.Keywords: Responsibility; Notary; Tradding and Purchase Agreement (PPJB).

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