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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 Making The Deed Of Murabahah Financing On Islamic Bank (Review On Financing Agreement In Islamic Bank Of Central Java) Anindia Inka Saputri; Agus Supriadi; Aryani Witasari
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.v7i2.7874

Abstract

This study aims to determine the form of the contract and Murabahah financing mechanisms, to analyze the application of Sharia principles in Murabahah financing agreement, and to know the extent to which the role of the Notary in the Deed manufacture Murabahah Financing Agreement with Islamic Bank of Central Java. The results of this study show that: (1) The form of contract and Murabahah financing mechanism in Islamic Bank of Central Java refers to the provisions of Islamic Banking Act, BI (Bank Indonesia), FSA (Financial Services Authority) and DSN-MUI. (2) The application of Islamic principles in the financing agreement Murabahah in Bank Central Java Sharia has been in accordance with the Law of Islamic Banking and DSN-MUI, where financing based on Islamic principles that do not contain elements of usury, gambling, Garar, illegitimate and unjust.Keywords: Notary; Islamic Banking; Murabahah.
Comparative Roles and Notary Responsibilities in Indonesia and Timor Leste Carolina Da Cruz; Arif Rachman Wahyu Wicaksono; 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.v6i2.5021

Abstract

The purpose of this study were 1) To explain the role of the notary and responsibilities similarity in Indonesia and Timor Leste, 2) To explain the different roles and responsibilities of notaries in Indonesia and Timor Leste. The approach I use in the preparation of the writing of this legal research is a normative legal research, as in the study of law conceived as normative regulations and as written norms created and promulgated by an agency or by the competent state authorities. This research is descriptive research that aims to paint a picture of the state of things on certain areas and at certain times. Based on the results of this study were 1) Equation notary's role and responsibilities in Indonesia and Timor Leste. In Indonesia since 2004 has passed a law concerning Notary. But in Timor Leste began in 2009 Decree-Act No. 24/2009, dated August 26, set political guidelines for Timor-Leste's notary system and assigning to the Government the responsibility to set political guidelines specified in this legal diploma. 2) The different roles and responsibilities of notaries in Indonesia and Timor Leste. On the side of this difference can describe that, it is a rule that is very effective to help the public in understanding the roles and responsibilities of notaries in force in the country, especially in Indonesia is quite effective in establishing the truth related to his profession.Keywords: Comparison; Roles; Responsibilities; Notary.
Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee Daniel Budi Hardwianto; Akhmad Khisni
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.v5i3.3179

Abstract

This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.
PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL Yanuar Dwiyan Putra; Sri Endah Wahyuningsih
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.v4i3.1818

Abstract

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public
Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died Dian Melina
Jurnal Akta Vol 7, No 4 (2020): December 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.v7i4.12890

Abstract

Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Inheritance Based on Justice. Problems is the process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Justice-based Inheritance. This study uses a normative juridical approach, in data collection it is more emphasized on the decomposition and interpretation of data related to legal principles. The results are; The Role of Land Deed Making Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice.
Procedure for Obtaining a Certificate of Title to the Land in the Semarang: Case Study in the National Land Agency Semarang Niken Windy Ika Pratiwi; Munawwarah Munawwarah; Munsharif Abdul Chalim
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.v6i2.5029

Abstract

The background of this thesis-making by the problems that occur in the community, where people are still not or do not understand the procedures milik.Terbukti acquire rights to their land dispute or a state-owned building that happened because the people who inhabit this land are not applying for property rights and feel that the land itself. Scription this is made so that people understand about the procedures for securing property rights. Results: (1) Procedures of obtaining the certificate is property rights on state land through the National Land Agency, is generally set in the norm of the Minister of Agriculture No. 9 of 1999 on Procedures for Granting and Cancellation of State Land Property Rights and Rights Management. In Article 19 paragraph (2) BAL consisting of: bookkeeping land, registration of property rights, transfer of land rights, granting letters of proof of receipt of rights, (2) Barriers and solusiyang arising from applicant in the application process right (external): lack of accessories the proposed requirements of the applicant, not terselesainya application fee, the land dispute would be applied. Barriers arising from the Office of the (internal): lack of personnel in the service of the applicant carefully situations, employees who lack discipline, negligence of officers in performing their duties. Solution resistance of the applicant (external): more thoroughly before entering the application requirements, before making an application should first ask for details of funds in the process of granting the right, please check whether the land is in sengeketa or not. Solution barriers of Office (internal): officers should be more responsible in performing their duties, and provide a deterrent effect to employees who are lazy in performing their duties.Keywords: Procedures; Certificate of Property Rights; State land.
Roles and Responsibilities of Notary in Making the Results Agreement of Criminal Sanctions Husni Basya; Dwi Kurniawan; 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.v5i2.3231

Abstract

Notary institutions emerge from the growing needs of society today. Which requires evidence of the relationship existing civil law and / or between them, the general rule as to where and when the law demands it or it is desired by the community, to make written evidence that has authentic power. On 16 June 1925, out instructions to the Notary who practice in Indonesia, instruction, which contains 10 articles containing provisions that a Public notary before the first practice was sworn in. Notary Oath become a necessity of Principles of Public Law (Publiek Rechtelijk Beginsel): "That a public official before running its position as legally must take the oath first, if not it is not legitimate to run its position despite being lifted. "Oath Notary at Notary Act No. 2 of 2014 provided for in Article 4 to Article 7, while Article 17 Regulation of the contents oath Notary amended by Regulation No. 11 of 1949 has been repealed with the enactment UUJN. In the UUJN article 1, paragraph 1 Notary is a public official authorized to make an authentic agreement and other authorities referred to in this Act. Agreement of Notary must have the strength of evidence was authentic anyway, because according to article 1870 of the Civil Code authentic agreement must give them the parties and their heirs or persons who have the right of them a perfect evidence about what is contained in the agreement that the force formal and substantive evidence.Keywords: History of Notaries; Notary Oath; Criminal Sanctions.
Peran Notaris Dalam Kepastian Bagian Warisan Untuk Anak Di Luar Nikah Yang Diakui Menurut Kitab Undang-Undang Hukum Perdata Noviana Dewi Harjanti
Jurnal Akta Vol 4, No 4 (2017): December 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.v4i4.2497

Abstract

ABSTRAK Penelitian ini bertujuan untuk mengetahui (1) Mengetahui peran notaris terhadap kepastian bagian warisan untuk anak di luar nikah yang diakui menurut Kitab Undang-Undang Hukum Perdata (2) Menganalisis kelemahan yang mempengaruhi peran notaris serta solusi yang dapat diberikan terhadap kepastian bagian warisan untuk anak di luar nikah yang diakui menurut Kitab Undang-Undang Hukum Perdata.Jenis Penelitian mengenai peran notaris terhadap kepastian bagian warisan untuk anak di luar nikah yang diakui yang digunakan adalah penelitian hukum dengan pendekatan yuridis normatif. Pendekatan yang digunakan adalah pendekatan perundangan, pendekatan kasus, dan pendekatan sosiologis sedangkan sifat penelitian maka penelitian ini termasuk dalam penelitian deskriptif analistis.Hasil penelitian menunjukkan bahwa peran yang dapat dijalankan notaris adalah: Pertama, notaris dalam menjalankan peran terhadap kepastian bagian warisan untuk anak di luar nikah dimulai dari membuat dan mengesahkan akta pengakuan anak di luar perkawinan. Dalam proses ini maka menempuh beberapa tahapan dan melengkapi beberapa syarat. Kedua, selanjutnya anak luar kawin masuk kategori ahli waris mutlak berdasarkan Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 selama anak luar kawin tersebut mendapatkan pengakuan dari ayah biologisnya atau telah melewati upaya hukum di pengadilan. Ketiga, apabila muncul sengketa hak waris dari anak luar kawin yang diakui maka notaris dapat menjalankan peran untuk mencegah dan menyelesaikan sengketaHambatan yang ditemui bagi notaris dalam menjalankan peran terhadap kepastian bagian warisan untuk anak di luar nikah yang diakui menurut Kitab Undang-Undang Hukum Perdata adalah: (1) notaris ktidak begitu menguasai hukum waris, 2) sengketa yang muncul ketika hukum adat lebih diutamakan sehingga akta waris tidak diindahkan oleh pihak-pihak keluarga. (3) notaris yang tidak mengurutkan informasi dan kebenarannya Solusi yang dapat dilakukan oleh notaris dalam menjalankan peran terhadap kepastian bagian warisan untuk anak di luar nikah yang diakui menurut Kitab Undang-Undang Hukum Perdata adalah (1) disarankan untuk lebih menguasai hukum pewarisan baik secara perdata, agama maupun adat (2) lebih professional dalam melaksanakan tugas jabatannyaKata Kunci: Peran Notaris, Warisan, Anak Di Luar Nikah ABSTRACTThe aim of this research are to determine (1) the role of notary to the certainty of the inheritance for a children outside marriages who is recognized according to the Civil Code (2) the weakness that influences the role of the notary and the solution that can be given to the certainty of the inheritance for a children outside marriages under the Civil Code.This research is legal research type with a normative juridical approach. The approach used in this research is legislation approach, case approach, and sociological approach. While form the nature of research this research is descriptive analytical research.The results show that the role that can be executed by a notary is: First, the notary in running the role on the certainty of the inheritance for the child outside marriage starts from making and legalizing the deed of recognition of children outside of marriage. In this process it takes several stages and completes some requirements. Secondly, the marriage outfit is categorized as an absolute heir based on the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 as long as the offspring receive recognition from his biological father or has passed the legal proceedings in court. Third, if there is a dispute on the right of inheritance from a recognized marriage, the notary may exercise a role to prevent and resolve the disputeThe obstacles encountered by the notary in carrying out the role of certainty of the inheritance for children outside marriages who is recognized under the Civil Code are: (1) notary public notoriously inherit law, 2) a dispute arising when the customary law is preferred, inheritance is not honored by the family parties. (3) a notary who does not disclose the information and the truth The solutions that can be performed by the notary in the role of the certainty of the inheritance for children outside marriages who is recognized under the Civil Code are (1) it is advisable to master the law of inheritance, , religion and custom (2) more professional in performing their dutiesKeywords: Role of Notary, Heritage, Child Outside Marriage
Notary Role In The Process Of Establishment Limited Liability Company (PT) Iqbal Rino Akta Pratama; Asep Suherdin; Gunarto Gunarto
Jurnal Akta Vol 6, No 3 (2019): September 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.v6i3.5016

Abstract

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)
Tort Bonding Sale Agreement (SPA) Made by Notary (Study Decision Number: 17 / Pdt.G / 2011 / PN.Smg) Fertin Fertin; Lathifah Hanim
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.v5i3.3248

Abstract

SPA is a preliminary agreement on the purchase agreement of land rights which the agreement will be drawn up and signed in the presence of PPAT, a description of relevant scientific writing case of default in Decision 17 / Pdt.G / 2011 / PN.Smg. Issues examined in this study is enforceable agreement of sale and purchase agreement (SPA) Notary as evidence of authentic, legal consequences if one of the parties in the agreement binding sale and purchase (SPA) has been in default as well as legal protection of the fulfillment of the rights of parties where one party is in default in a binding sale and purchase agreement. The method used in this research is the socio-legal approach that comes from the collection of the data obtained from the primary data and secondary data, and then analyzed by qualitative analysis method. The study provides an answer that the legal force PPJB made before a notary public as authentic evidence in the transfer of rights agreement is very strong. Regarding the legal consequences if one party has been in default then the agreement was null and void, in addition to the legal protection of the fulfillment of the rights of the parties where one party is in default is a return to power of the SPA were made, namely if made before a Notary Public, perlindunganya force in accordance with the protection of an authentic agreement.Keyword: Bonding Sale Agreement (SPA); Notary; Legal Consequences.

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