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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821 Documents
<![CDATA[TINJAUAN YURIDIS KEBATALAN AKTA DAN PERTANGGUNGJAWABAN NOTARIS (Studi Kasus Putusan Perkara Nomor: 10/Pdt.G/2015 PN.Dmk) ]]>
<![CDATA[Ary Yuniastuti]]>;
<![CDATA[Jawade Hafidz]]>
<![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.v4i2.1791
<![CDATA[Research on "Juridical Review of Notice Deed and Notary Accountability (Case Decision Case Study No. 10 / Pdt.G / 2015 PNDmk) aims to know the process of making authentic deeds made before the Notary, the juridical reasons for the occurrence of authentic authenticity deed made by a Notary Public, the responsibility of a notary against the cancellation of the authentic deed already made.In the Decision of the case registers Number 10 / Pdt.G / 2015 / PN.Dmk in the District Court Demak has stated that the notarial deed and PPAT in the event of sale and sale is declared null and void because it does not meet the form of deed as referred to in Article 38 Undang -The Republic of Indonesia Number 2 Year 2014 Concerning Amendment to Law Number 30 Year 2004 Concerning Position of Notary and contrary to Article 1320 of the Civil Code regarding the legal terms of the agreement. Deed which is declared null and void is directly related to the roles and responsibilities of a notary public, is there any relation to the negligence of a notary since in the case of the notarial deed which plays the role of a deed determined by law is notary as an official authorized by law .Keywords: Notary Deed, Reason for Deed of Deed, Liability of Notary.]]>
<![CDATA[Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari ]]>
<![CDATA[Bahrul Alam]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v7i2.7963
<![CDATA[The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.]]>
<![CDATA[Notary Legal Protection Against Crime In The Case That Called As Witnesses Or Suspect ]]>
<![CDATA[Novi Ahmad Arifin]]>;
<![CDATA[Roswati Dewi]]>;
<![CDATA[Ngadino Ngadino]]>
<![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.v6i1.4259
<![CDATA[The purpose of this study were 1) to identify and explain the legal protection of the notaries who was called as a witness or a suspect in the Process of Investigation and Prosecution Pre. 2) To determine the constraints in the implementation of legal protection against notaries who were called as witnesses or suspects.This research using normative juridical approach. Normative approach research problems in terms of its legislation. Methods normative constitute legal research done by examining the data or materials library that is secondary data in the form of legislation, a wide range of literature and Internet sources that are supported by field research is the primary data, which analyzes the rules relating to the Notary Public.Based on data analysis concluded that: 1. Notaries are obliged to keep confidential all matters communicated to him in his capacity as a notary, even though there are some that are not listed in the deed, and has been considered to represent themselves notary in a trial that deed, made by or in the presence of a notary public is an evidence that has the strength of evidence Perfect. 2. Notary criminal cannot be held accountable when there is a loss to either party as a result of the false documents of one of the parties, as Notary simply record what is conveyed by the parties to be poured into the deed. False information submitted by the parties is the responsibility of the parties.Keywords: Notary Act (UUJN); Notarization; Notary Liability.]]>
<![CDATA[Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria ]]>
<![CDATA[Indah Esti Cahyani]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[M Farid Amirullah]]>
<![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.v5i2.3100
<![CDATA[Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.]]>
<![CDATA[PRINSIP KEHATI-HATIAN BAGI NOTARIS/PPAT DALAM MENJALANKAN TUPOKSINYA DALAM UPAYA PENCEGAHAN KRIMINALISASI BERDASARKAN KODE ETIK ]]>
<![CDATA[Denny Saputra]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![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.v4i3.1807
<![CDATA[This study aims to determine 1) how the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on Code of Conduct, 2) What factors become obstacles for Notary / PPAT in carrying out its position and 3) What if Notary / PPAT is subject to Code violation until criminalization occurs The problem approach used is the normative juridical approach.The result of this research is that the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on code of ethics that a Notary must always implement the principle of prudence as an effort to prevent criminalization based on code of ethics related to responsibility both civil, Administration, code of ethics of notary and criminal law, then the factors that become obstacle for Notary / PPAT in carrying out their position related to the principle of prudence is the information given by the parties that facing may not be in accordance with the actual and Notary / PPAT in running His duties and positions are subservient to the NOtaris Office Law. Therefore, if a Notary commits an offense in performing his duties and positions, until the criminalization of Notary is threatened with sanctions as stated in UUJN. Sanctions against a Notary are categorized into 2 (two), namely civil sanction in the form of reimbursement of costs, compensation, and interest is the result that will be received by Notary on the demands of the tapers if the deed concerned only has the power of proof as deed under the hand or deed becomes null for the sake of law. Notary also still have to face the threat of sanction in the form of ethical sanction if Notary do violation to code of ethic of Notary, and even can be sentenced to criminal sanction in case of criminal violationKeywords: Notary, Prudential Principle]]>
<![CDATA[Normative Study against Limitation of Liability Notary Deed in Lieu In Making Based Act No. 2 of 2014 on Notary ]]>
<![CDATA[Isman Isman]]>;
<![CDATA[Ahmadi Ahmadi]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.v7i2.7972
<![CDATA[The purpose of this study was to analyze: 1) the role of the Notary Deed in Lieu in manufacturing. 2) Limitation of liability in the manufacture Substitute Notary Deed. 3) Barriers and solutions for Substitute Notary in carrying out its responsibilities in the manufacture of Deeds pursuant to Act No. 2 of 2014 On Notary.This research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Substitute Notary important role in meeting the needs of the people in deed, Substitute Notary is only temporary, as it replaces the notaries who are on leave, sick or absent or unable to perform its functions properly. So that the public service to create an authentic deed is not disturbed and running as it. 2) Limitation Substitute Notary Responsibility and authority is not affected by age restrictions as well as Notary, despite all the deed made by Notary Substitute, has been assigned or transferred to the depositary Protocol Notary, this means that although already quit or retired as a Notary, the Notary still be responsible for the deed he made. 3) Barriers for Substitute Notary in carrying out its responsibilities in the manufacture of Deed is the lack of experience of the notary, limited capacity and their doubts about the substitute notary office. Solutions that can be done is to provide socialization and guidance of the MPD to the Notary Substitute related to the duties and responsibilities as a Substitute Notary.Keywords: Responsibility Notaries; Notary Substitute Deed.]]>
<![CDATA[Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage ]]>
<![CDATA[Muhammad Madih]]>;
<![CDATA[I Dewa Putu Gede Anom Danujaya]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5028
<![CDATA[Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.]]>
<![CDATA[Legal Protection For Auction Winner Execution Of Liability Rights Auction No. 49 / Pdt.G / 2011 / Pn.Pkl (A case study in Kospin, Pekalongan) ]]>
<![CDATA[Ely Cahyawati]]>;
<![CDATA[Lathifah Hanim]]>
<![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.v5i3.3184
<![CDATA[The research objective was to examine the legal protection against the winner of the auction the object is blocked by the land office to analyze the reason for blocking, and the responsibility of the winning bidder auction officials that the object is blocked by the land office How Legal protection for the Auction Winner of the auction Exsekusi security rights. The method used is as an additive normative juridical research interviews to the land office and Legal Section Kospin pekalongan Services. Based on the results of the study concluded eat: first, Consideration of the Land Office to block the process of reverse auction execution object name Encumbrance (Civil Case Study No.25 / Pdt.G / 2011 / PN.Tegal) is: Based on Government Regulation No. 24 of 1997 Article 45, which reads the Head of the Land Office reserves the right to delay on behind the object name that is being problematic of land ", as well as the attitude of prudence to avoid the risk in the future in order not to become a defendant in the case; Secondly, legal protection for the winner of the auction execution Encumbrance Land Office blocked the auction of objects is very weak, as in this case the winning bidder can not do anything but just wait until the court decision is completed; Third, auction Officials Responsibility for the blocking of the auction objects at the office of the Land does not exist at all.Keywords: Legal Protection, Winning Bidder, Execution Mortgage.]]>
<![CDATA[ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla) ]]>
<![CDATA[Muslim Ansori]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v4i3.1823
<![CDATA[With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,]]>
<![CDATA[Protection Analysis Of Third Parties Of Principles Droit De Suite In Execution Of Rights Liability ]]>
<![CDATA[Serly Nurnaningsih]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5092
<![CDATA[This study discusses the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights and the solution.Protection of third parties from the principle of droit de suite in the execution of Underwriting Rights, among others, registration of Underwriting Rights to fulfill the principle of publication, announcement of auction sales in execution of Underwriting Rights and prohibition of auction of third party property. The problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, namely protection of third parties is not direct protection because third parties are not parties to the Underwriting Rights Agreement or do not have a direct legal relationship with the Mortgage Agreement To overcome this, it can be done by involving third parties related to the Underwriting Right object in the Underwriting Agreement.Keywords: Protection; Execution; Mortgage Rights; Third Party.]]>
