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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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Pre-Marital Implementation Agreement by Act No. 1 of 1974 on Marriage Which Made by Notarial Deed Sri Setiyaningsih; Akhmad Khisni
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.v6i1.4231

Abstract

The problem in this study were (1) How is the implementation of a pre-marital agreement according to Act No. 1 of 1974 on marriage made by notarial deed, (2) the constraints what emerged in the implementation of the agreement before marriage according to the Act No. 1 of 1974 on the marriage made by notarial deed, (3) How does the solution implementation constraints pre-marital agreement according to Act No. 1 of 1974 on marriage made by notarial deed. This study uses a method socio-legal approach that the research method approach a problem through a merger between the normative analysis with non-legal science approach in view of the law.The results of this study indicate that (1) Implementation of the pre-marital agreement by notary deed that under Act No. 1 of 1974 on Marriage should be undertaken in good faith by both parties that a pre-marital agreement. In a pre-marital agreement matters mentioned therein should not be contrary to public order, morality, law and religion, and an agreement was reached after both parties agreed and voluntary and no coercion. (2) Criminal cases against pre-marital agreement by notary deed pursuant to Act No. 1 of 1974 on Marriage one of which is when the parties to make pre-marital agreement deed by Notary who forget listed in the civil registry.Keywords: Pre-marital; Marriage Agreement; Notarial Deed.
PERAN PPAT DALAM PENYERAHAN FASILITAS UMUM DAN FASILITAS SOSIAL OLEH PENGEMBANG PERUMAHAN KEPADA PEMERINTAH KOTA SEMARANG Yunianto Wahyu Sadewa; Jawade Hafidz
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.v4i2.1778

Abstract

Submission of location permit is required in the provision of social facilities and public facilities. Licensing is a unified process in the housing that is from the beginning to the management stage. The research that the author did in the city of Semarang, Central Java province. The research method applied in this research is the sociological juridical approach.The results of this study are: The role of PPAT has not been directly due to the formation of regulations from the central government and in the city of Semarang has not involved PPAT in the formation of Regional Regulations Semarang City. Factors affecting PPAT in the delivery of public facilities (fasum) and social facilities (fasos) to the Government of Semarang City, the pre-transaction stage where the developer must already have all the relevant licensing in the pre-transaction process until after / after the transaction developer must providing all social facilities and social facilities as promised during the first bidding process. Legal consequences with future PPAT role is expected to provide infrastructure and facilities from initial procurement to delivery based on the principles of openness, accountability, legal certainty, written warning. Suggestion from this research is for PPAT should the process of procurement and management of public facility (fasum) and social facility (fasos) is arranged pursuant to agreement of sale and purchase agreement (PPJB), for Government of Fasum and Fasos which have finished development process should be submitted from the developer to Government so that the responsibility for the management of public facilities and fasos is in the government, and for the National Land Agency (BPN), there must be a harmonious relationship between PPAT and the Land Office as an equal partner.Keywords: Role of PPAT, Submission of Social Facility, Semarang City Government
Reconstruction Of Notary Position Authority and Implementation Of Basic Concepts Of Cyber Notary Masrur Ridwan
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.v7i1.9432

Abstract

E-notary or cyber notary which has become a necessity as a form of adjustment to the development of the times, although its presence is agreed to be impossible to avoid, but it still leaves a pro-cons opinion. Some support and some refuse. Problems that arise related to the validity of the deed made in the cyber notary work system (cyber notary). However the practice of cyber notary in Indonesia today, it will reduce the strength of proof of authentic deed. The decrease is parallel with the text of Article 5 paragraph (4) of the ITE Law which emphasizes that the electronic deed does not have perfect proof of strength like a deed of qualification. Until now the electronic deed is still regarded as a deed under the hand that is equal in value to documents. But the presence of COVID-19, which since March 11, 2020, was determined by WHO as a pandemic, like it or not, forced us to think or review the implementation of the basic concepts of cyber notary. Posts that use the statute approach and the concept are expected to be able to encourage related parties to review the authority of the Notary Position in authorizing the certification of transactions conducted electronically. Keywords: Reconstruction, Notary Authority, Implementation, Basic Concepts of Cyber Notary
Implementation Final Income Tax Payment Transfer Of Land And Building Based On Government Regulation No. 34 Of 2016 On Sustainable Pt.Citra Lestari Propertindo In The District Of Cirebon Mohammad Ghozali; Umar Ma’ruf
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.v6i1.4247

Abstract

The purpose of this study was to identify and analyze the implementation of the final income tax payments on acquisition of land and buildings based on Act No.34 of 2016 government regulation on Sustainable PT.Citra Lestari Propertindo in Cirebon regency, akibathukum for PPAT which have signed but not yet received evidence AJB PPH Final validation by the study used KPP Pratama. Methode is sociological juridical nature of this research using descriptive analysis, type and sources of data used are dataprimer obtained by interviews, data retrieval and datasekunder obtained from the law books, Regulations. Based on research and discussion can concluded that PPAT in running position Has Violated the signing of AJB first, in fact have not met the requirements of signing one of them has not received evidence PPH Final validation of KPP Pratama because PT.CLP having problems is the lack of complementary requirement form an attachment validation, causing delays in the issuance of evidence of validation, therefore AJB who first signed by PPAT without evidence PPH Final validation result is void due to the unlaw  of KUHPdt 1869. Law impact is the provision of sanctions which will apply to the PPAT under Article 6 paragraph (1) of the 2017 No.112 of 2017 ATR KEPMEN Code, IPPAT.Keyword: Payment PPH Final, Assignment Land and buildings, PT.Citra Lestari Propertindo.
Land Dispute Settlement Through Mediation In The Regional Land Office In Boyolali Regency Sarsono Sarsono; Joseph Diko Reinol Panjaitan; Munsharif Abdul Chalim
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.v5i2.3089

Abstract

This study aims to describe the settlement of land disputes through mediation conducted in Regional Land Office of Boyolali Regency, and the obstacles encountered in settling land disputes through mediation. So, it can provide additional knowledge for anyone who reads it. The problem formulation in this research is how the role of the land office in order to settle the land dispute mediation in the Land Office of Boyolali Regency and what are the constraints of the mediation in land disputes in the Land Office of Boyolali Regency. This research is a legal juridical empirical research or legal sociology research. It it kind of research that analyzes a problem by combining secondary data (legislation) with primary data obtained in the field. The result of this research is that the role of Land Affair Office of Boyolali Regency in the effort of settling land dispute through mediation is as mediator who is responsible for assisting the parties in dispute to produce agreement received by the all parties. The parties assist to end up the dispute, then pour the result of mediation into the Minutes of Mediation. In the event of mediation, when the agreement is reached, the parties are willing to implement the mediation decision. However, if in mediation is not reached agreement, the District Office of Boyolali Regency will invites the parties to process through litigation (court). In the implementation of mediation at the Land Office of Boyolali Regency, there are obstacles, namely: (1) The absence of the parties in dispute, (2) there is no good intentions from each party in dispute, (3) Differences in ability and education among the parties, (4) The role of Land Office of Boyolali Regency is only as mediator, it cannot be as a decision maker/court.Keywords: Settlement Of Land Dispute, Mediation, Land Office.
PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Farida Novita Sari; 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.v4i2.1796

Abstract

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary
The function of the Notary / PPAT In filing process Acquisition of Land Rights To Interests Investment in Regional Autonomy Era Based on Act No. 25 of 2007 concerning Foreign Investment Wahyuni Wahyuni; Umar Ma’ruf
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.v7i2.7965

Abstract

The purpose of this study are to: 1) To be able to know and analyze about the function of Notary / PPAT in Appeals Process Acquisition of Land Rights Under the Foreign Investment Regulations. 2.) To be able to know and analyze the Protection of Investor Interests Investing in the Era of Regional Autonomy Under the Foreign Investment Law. The method shows the procedure and process of a study undertaken to achieve an objective results. Method of normative juridical approach specifications in this research is descriptive analysis, the data collection method, literature (study document), with critical analysis and finding the problems and legal issues that will be examined and gather all the information related to the problems studied.The results of this study concluded Function Notary / PPAT in the filing process of acquiring land rights based on foreign investment regulations number 25 in 2007. The function of Notaries easier for the public to take legal actions both Indonesian citizens or citizens of foreign countries who participate in investing in Indonesia , The Indonesian government also needs to prepare for national law and the law of international relations to establish it. Government to maintain legal certainty for foreign investors without discrimination by being able to compete with domestic investors. Protection of the interests of investors in investing in regional autonomy based on legislation.Keywords: Function of Notaries; Investments; Autonomy; Foreign Investment.
The Effectiveness Of The Implementation Of The Regulation Of The Minister Of Agrarian And Spatial / Head Of The National Agency Of The Republic Of Indonesia Number 10 Of 2017 Concerning Internals In Semarang City Laily Hakim Sejati; Fajar Fitrio Dwi Nugroho; Djauhari Djauhari
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.v6i1.4264

Abstract

The objectives of this study were to: 1) To find out the implementation of the internship based on Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 20 of 2018 at the Semarang City Land Office 2) To determine the effectiveness of the implementation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Republic of Indonesia Number 20 of 2018 concerning Internships at Semarang City Land Office 3) To find out the obstacles and solutions in the implementation of internships at the Semarang City Land Office. The data used in this study are premier data, secondary data and tertiary data that can support the assessment, which is then analyzed by descriptive analysis method.Based on the results of data analysis, it can be concluded that: 1) The implementation of an internship based on the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 20 Year 2018 in Semarang City regarding the internship in Semarang is carried out for 6 months at the Land Office. transfer of rights, land acquisition and dispute. 2) The effectiveness of the apprenticeship is considered effective in accordance with Article 9 of the regulation, namely the process of activities and land services, the process of receiving and examining the deeds listed, and the process of checking the juridical data of applications for land rights. 3) Obstacles to the implementation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 20 of 2018 at the Semarang City Land Office are the absence of a system of change between the National Land Agency at the center (Kota Semarang) and at Home Services. Because it is considered when doing an apprenticeship at the Land Office, the center of the scope is more.Keywords: Effectiveness, Implementation, Internship.
A Juridical Review of The Sultanate Lands and Villager Land Under The Governor Regulation Number 32 of 2007 on The Use of Villager Land After The Enactment of Act No. 6 of 2014 on Village Damar Dwi Kuncoro; Suroto Suroto; Amin Purnawan
Jurnal Akta Vol 5, No 3 (2018): September 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.v5i3.3160

Abstract

The background of this research was the issuance of Act No. 6 Of 2014 about the Village. In one of its provisions contains the wealth of the village in the form of land certified on behalf of the Village Government. While the status of Villager Land in the Special Region of Yogyakarta is the land of the Sultanate. The research aimed to get an explanation of the status of Villager Land and to know the legal consequences that will arise with respect to the utilization of the Sultanate land associated with the Villager Land after the enactment of Act No. 6 of 2014, when associated with the Provincial Governor Regulation No. 34 of 2017 on Utilization of Villager Land. This research used sociological juridical approach (primary data) and direct interviews to the community in Sleman Yogyakarta (secondary data) and literature study. The result of the research shows that with the enactment of the Yogyakarta Governor Regulation, the Villager Land that comes from the right of anggaduh (Javanese Lng.) and the substitute land has been certified on behalf of the Village Government for the transfer of rights to the property of the Sultanate. Determination of the Sultanate as a Legal Entity which can become the subject of land ownership resulted in a change of status of the Sultanate institution to be equivalent to the private Legal Entity. The consequences of such changes resulted in changes in the management of the Sultanate land and the burden of obligations and responsibilities that must be met by the Sultanate for the management of the Sultanate land.Keywords: Juridical Review; Sultanate land; Villager Land
MAKNA PENYULUHAN HUKUM SEHUBUNGAN DENGAN PEMBUATAN AKTA OLEH NOTARIS DI KABUPATEN KENDAL Muhammad Ali Alala Mafing; Munsyarif Abdul Chalim
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.v4i3.1812

Abstract

This research will discuss a problem of notary in interpreting Legal Counceling connect to the Deed Creation by Notary in Kendal Regency (Article 15 paragraph 2 letter e of Act Number 2 of 2014 concerning Notary Position) including where the Notary is not performing properly the authority contained in the law of Deed making.This research uses method of yuridic sociologic. The technique of data collecting is conducted with library research including primary and secondary data. The result shows that: (1) notary only provide a counceling to client and do not provide legal counceling thoroughly to the public (2) the extention material provided is limited about the making of deed when client comes. (3) notary only use the article pasively. It means that if the client does not come then the notary does not provide legal counceling.The conclusion is Notary should interprets the article and implements it activelydeal with its authority in giving legal counceling. So the purpose of the constitution is done well.Keywords : notary, legal counceling, the deed

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