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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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Peran Notaris Dalam Penggunaan Akta SKMHT Yang Tidak Diikuti APHT Terhadap Debitor Wanprestasi Terkait Pemberian Fasilitas Kredit Pemilikan Rumah Subsidi (Studi Kasus di Bank Tabungan Negara Pekalongan) Rifki Yusuf; Maryanto Maryanto
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.v5i1.2616

Abstract

ABSTRAK Kabupaten Pekalongan merupakan lokasi yang memiliki potensi tinggi dalam penggunaan Surat Kuasa Membebankan Hak Tanggungan (SKMHT), hal ini disebabkan oleh gencarnya pembangunan oleh masyarakat yang membutuhkan dana besar yang antara lain berasal dari kredit yang diperoleh dengan menggunakan lembaga Hak Tanggungan yang selanjutnya menimbulkan berbagai masalah seperti apabila debitor wanprestasi. BTN selaku kreditor dalam pemberian KPR bersubsidi kepada debitor umumnya tidak menguasai benda yang menjadi jaminan kredit secara fisik, tetapi hanya memiliki hak kebendaan secara administratif. Pengikatan obyek jaminan yang berupa tanah, yaitu Hak Milik, Hak Guna Bangunan dan Hak Guna Usaha, prosesnya hanya sampai dengan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) saja, dengan tidak dibebankan Hak Tanggungan atas obyek jaminan tersebut, maka BTN belum memiliki hak kebendaan atas jaminan tersebut secara faktual.Tujuan dari penelitian ini adalah untuk mengkaji dan menganalisis peran notaris dalam hal debitor wanprestasi, penggunaan SKMHT yang tidak diikuti APHT dalam hal debitor wanprestasi terkait dengan pemberian fasilitas Kredit Pemilikan Rumah Subsidi pada Bank Tabungan Negara serta upaya pihak Bank Tabungan Negara dalam hal debitor wanprestasi terhadap pemberian fasilitas Kredit Pemilikan Rumah. Metode yang digunakan dalam penelitian ini adalah metode analisis kualitatif, yaitu data yang diperoleh disusun secara sistematis kemudian dianalisis secara kualitatif agar dapat diperoleh kejelasan masalah yang akan dibahas.Dalam penelitian ini disimpulkan bahwa dalam menghadapi debitor wanprestasi Bank BTN mengambil langkah melakukan penjualan kembali dengan menggunakan kuasa menjual yang tercantum dalam akta “Pengakuan Hutang”, serta peningkatan SKMHT ke APHTkepada calon debitor, dan peran notaris yang hanya sebagai pembuat akta sehingga tidak turut serta jika terjadi wanprestasi.Kata kunci: Notaris, SKMHT, APHT, wanprestasi ABSTRACTPekalongan Regency is a location that has a high potential in the use of Power of Attorney Charging the Guarantee Right (SKMHT), this is caused by incessant development by people who need big fund which among others comes from the credit obtained by using the Mortgage Institution which further cause various problems such as if the debtor is defaulted. BTN as a creditor in the granting of subsidized KPR to the debtor generally does not control objects that become credit for physical security, but only have the right of property administratively. The binding of the object of collateral in the form of land, namely Right of Ownership, Building Rights and Cultivation Right, the process is only up to the Power of Attorney Charging the Guarantee Right (SKMHT) only, without the burden of the Guaranteed Fund on the object of the guarantee, BTN has no material right the guarantee is factual.The purpose of this study is to examine and analyze the role of a notary in the case of debtor wanprestasi, the use of SKMHT not followed APHT in the case of debtor wanprestasi associated with the provision of Subsidized House Ownership Credit in the State Savings Bank and the efforts of the State Savings Bank in the case of debt defaulting to the grant Housing Loan facility. The method used in this study is the method of qualitative analysis, the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity of issues to be discussed.In this study it is concluded that in the face of debtor wanprestasi Bank BTN take steps to resell by using the power of sale which stated in deed "Recognition of Debt", and increase SKMHT to APHT to debitor candidate, and notary role which only as deed maker so do not participate if there was a default.Keywords: notary, SKMHT, APHT, wanprestasi
IMPLIKASI ADANYA PEMALSUAN TANDA TANGAN DALAM AKTA JUAL BELI TANAH YANG DILAKUKAN OLEH PPAT Edi Asrofin; 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.v4i2.1779

Abstract

Not a few cases of falsified data that ends in the dispute often surfaced, both in print and electronic media and even non-publicized too much. Maybe in the short term, buyers do not face a lawsuit from another party, but in the long run the buyer will experience a lawsuit from another party who feels the rights to his land. Having a legal defect in a deed may result in the illegality of a later act of law. The problem of this thesis: why can there be counterfeiting of signatures in the deed of sale and purchase of land done by PPAT, how the process of handling the existence of signature falsification in the deed of sale and purchase of land done by PPAT and whether the implication of signature falsification of deed of sale and purchase of land done By PPAT.The method used in this research is sociological juridical, specification of jurisdiction approach of analysis, data used primary data and secondary data. Problems are analyzed with the theory of legal protection and legal certainty.The result of thesis research is known that the factors causing forgery of signatures in the deed of buying and selling of land conducted by PPAT PPAT have falsified the seller's signature in the process of making the Deed of Sale and Purchase, this is because PPAT assume that there has been signature from the seller in Receipt of previous buying and selling transaction so that it does not matter if in the Sale and Purchase Deed of the seller's signature in fake., The process of handling the signature fraud in the deed of sale and purchase of land conducted by PPAT is based on report from the seller who sued because felt the sign of the ladder in Fake in the Deed of Sale and Purchase, then the police conduct an investigation to the PPAT. The implication of counterfeiting the signatures of the land sale and purchase certificate conducted by PPAT may be criminalized, if it can be proven in court and Sanctions that could threaten PPAT which makes the deed inappropriate or indicated by the signature falsification in the document deed which is actually dismissal sanction with disrespect From his post. Keywords: Counterfeiting, Signature, PPAT Batang
Act Making Mechanisms Sale And Purchase Agreement (SPA) Public By Authentic As Evidence In The Process Of Transition Of Land Gigih Bella Wicaksono Kenedy; Lathifah Hanim
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.v7i1.7880

Abstract

SPA is a preliminary agreement on the sale and purchase agreement whose existence is recognized by Law No 1 of 2011 on Housing and Settlement (as lex), an agreement of this kind can be allocated to the object of the agreement in the form of fixed objects. The journal aims to determine: 1) Mechanism Creation Act Sale and Purchase Agreement (SPA) by the Public in the process of transfer of rights on the ground. 2) As a result of the Law of Sale and Purchase Agreement (SPA) as an Agreement.The method of this journal Sociological Juridical approach. Data were collected from literature research and field research. Data collection tool is the study of literature and interviews. Data was analyzed using qualitative approach by using inductive-deductive logic thinking.The results showed that: 1) Making mechanism Sale and Purchase Agreement (SPA) by the Public in the transition process of land rights by submitting the data themselves form: ID, KK, Certificate etc. From the data obtained all the documents submitted Copied accordance with the original, which will be attached to the Minutes of Deed Sale and Purchase Agreement (SPA) 2) The legal consequences of the Sale and Purchase Agreement (SPA) as a preliminary agreement (voor overeenkomst) is binding on the party who made it, where the parties both sellers and prospective buyers agreed to purchase land and buildings.Keywords: Transition on Land; Sale; SPA.
Analysis Government Regulation No. 24 Of 2016 On Changes Of Pp No. 37 Of 1998 On Regulation Of Title Deed Land Builders Officials (PPAT) Viewed From Public Service Perspective Rahmi Rosyada Thoha; Amin Purnawan
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.v6i1.4248

Abstract

PPAT is a Public Officer who was given authority to make Authentic Acts concerning certain Legal Acts. The position setting originally stipulated in Government Regulation No. 37 of 1998 About the Position Rules PPAT. But the PP is then converted into PP No. 24 of 2016.Changes in the Articles of the regulation be deleted, changed, added and replaced to accommodate the social and technological development of society. Such changes of course have specific objectives and considerations. In one considering mentioned that the amendment is aimed at increasing the role of the PPAT as well as to improve services to the public relating to the Registration of Land.The purpose of this writing is to analyze Articles on Government Regulation No. 37 of 1998 which experienced Changes to Regulation No. 24, 2016. These changes are described and analyzed from the perspective of the Public Service.In essence there are two (2) Provisions that Changed Age Requirements to be PPAT the original 30 (thirty) years to 22 (twenty two) years and change the Working Area of Regency / City became the Province. Seen from the Perspective of Public Service, is aimed Positive Normative changes. Nevertheless Technical and Ethical Aspects always be a consideration in the implementation in the field.Keywords: PP No. 37 of 1998, PP No. 24 of 2016, Public Service, PPAT.
Legal Protection To The Public Notary In Providing Information Before The Investigation Hanif Dzaki; Lathifah Hanim
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.v5i2.3090

Abstract

A Notary is a Public Officer authorized to make an Authentic Agreement which has other powers as regulated in UUJN or under any other Law. Authentic Agreement aims to be used as powerful or perfect evidence if there is any occurrence of a dispute between the parties or there is a lawsuit from the parties. The method used in this study was sociological juridical method with descriptive analytical research specification, while the data analysis method used qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection to the Notary in conducting a call by the investigator is conducted through the process in accordance with applicable legislation. Notary's call by the investigator shall be made with the prior approval of the Notary Honorary Council. It is as regulated in Article 66 UUJN. Other forms of legal protection that can be granted to a Notary are by supervision, attaching fingerprints and legal protection provided by the Indonesian Notary Association as the sole organization of Notary in Indonesia. Constraints faced by the Notary in executing summoning by the investigator are, the calling process which requires a long process and must be through the priority of the Notary Honorary Council in advance resulting in less effective time. So the solution is to conduct a more effective investigation by doing a good cooperation between the investigators, Notaries, Notary Honorary Council, and the Indonesian Notary Association.Keywords: Legal Protection; Public Notary; Agreement; Investigator
AKIBAT HUKUM DARI AKTA JUAL BELI TANAH DIHADAPAN PPAT YANG DIBUAT TIDAK SESUAI DENGAN PROSEDUR PEMBUATAN AKTA PPAT Istanti Istanti; Akhmad Khisni
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.v4i2.1797

Abstract

This research aims to know and analyse which kind of drawing up the land buying-selling certificate categorized as appropriate or not appropriate with the procedures of drawing up a deed by the land certificate issuing officers, and what the legal effect of this procedural distortions is, as stated above.Sociological-empirical research methode which is characterized as descriptive analytic research is applied in this research. Morover, the approach methode applied in this research is empirical juridical qualitative approach with a specification on a prescriptive research. The primary data sources are direct interviews, whereas the secundary data sources are data taken from the primary, secondary and tertiary data. The data collecting is executed by making use of literary studies, interviews and qualitative data analysis.The research findings analyse the buying-selling deed processed in front of the land certificate issuing officers, but which is not executed appropriately in the right procedures. This unprocedural process of drawing up the land deed related to the land buying-selling certificate, is caused by certain situations and conditions of the buying-selling rights executed in front of the officers which are compulsory. Officers are willing to ignore the procedures of drawing a buying-selling certificate as ordered in Government Order No. 37 / 1998 regarding Orders on Officers of Land Certificate Issuing Officer, and Government Order No. 24 / 1997 regarding Land Registration and its executional procedures.Negative effects of the actions done by the land certificate issuing officers who ignore the real procedures, are that, firstly,  the deed can be degraded, and secondly, the officers can be punished to be guilty as a result of their incorrect actions.Keywords : legal effects, deed drawn up by the land certificate issuing officer, buying-selling, procedures.
Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary Setyawati Setyawati; Putri Nofita S Nofita S; Fahrurroji Sidik
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.v7i2.7901

Abstract

The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN. 
Notary Role In Making Cooperation Deed Based On Act No. 25 Of 1992 On Cooperatives In The Kudus District Davit Hari Sanjaya; Wilmar Ibni Rusydan; Achmad Sulchan
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.v6i2.5007

Abstract

The purpose of this study are to: 1) To determine and analyze the role of the Notary In Making Cooperative Deed Based on Act No.25 of 1992 on Cooperatives in Kudus District, 2) To determine the barriers and solutions with other legal regulations. The data used in this research is the primary data secondary data to support the assessment, which is then analyzed by socio-juridical.Based on data analysis concluded that: 1) The results of this study indicate Notary Role In Making Deed of Cooperative Members ie till Endorsement Process Deed by the competent authority, the Minister, the Act is used in the manufacture Cooperation Deed is the Act No.25 1992. the role of the Notary in making Cooperation Deed stipulated in the Decree of Minister Number 98 / KEP / M.UKM / IX / 2004, in addition to the Basic Law Firm ratification process Cooperatives, Government Regulation No. 4 of 1994 on the Terms and Procedure for Approval of Amendment to Articles of Incorporation Deed Basics Cooperative, and Regulation No. 01 Of 2006 that is on Implementation Guidelines for the Establishment, Approval of establishment and amendments of the Cooperative. 2) There are several notaries who are new that have not signed up to become a Notary Deed Official Land should Notary new one immediately enroll into NPAK, in the manufacture of Cooperation Deed Notary still ask for services to prospective Cooperative who can not afford, while at Law Notary is not mandatory enlist the services with the provisions of the Cooperative it was completely incapable and must have a letter from the Village, the reason besides pembuatanya complicated and lengthy the Notary still ask for services but the cost at most minimal, a notary is excluded by the founder and the Department of Cooperatives in meetings of formation, so that each holding Formation meeting cooperative cooperative Division move itself without the presence of a Notary, the Notary should be invited in the meeting included joint founder of the cooperative Formation, in the execution of the Deed of cooperatives, making the slowest period of 3 months and the fastest 7 working days.Keywords: Notary Role; Deed Making; Cooperative
The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice A. Yoma Amanda Putri; Yuke Sinayangsih; Djauhari Djauhari
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.v5i3.3170

Abstract

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.
PERAN NOTARIS DAN PPAT DALAM MENCEGAH TERJADINYA PENYALAHGUNAAN KUASA JUAL UNTUK PENGHINDARAN PAJAK Yuliana Zamrotul Khusna; Lathifah Hanim
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.v4i3.1813

Abstract

Research on "The Role of Notary and PPAT in Preventing the Occurrence of Function of Selling Authority for Tax Evasion" aims to know what can be done Notary and PPAT in facing the problem of tax evasion often done by society by using power of sale.The results of this study can be concluded, that the first power sales serve as the basis for land transactions and / or building that has the potential to be abused to avoid the obligation to pay taxes. Secondly, every transaction on acquisition of land and / or buildings subject to income tax (VAT) and Customs Acquisition Rights to Land and Buildings (BPHTB), efforts to tax evasion in land transactions, particularly the Income Tax (VAT) and Customs Acquisition Rights to Land and building (BPHTB) by making a Power of Sale before a Notary.The author suggests the need for awareness of the importance of tax is expected with a high public awareness, it will minimize tax evasion, the efforts made by the Government party c.q. National Land Agency should be emphasized related to the certainty the existence of the deed of power sold in the manufacture of Sale and Purchase Agreements relied upon registration of transfer of rights over land because factually legal acts often occur in the community, but normatively has not been set definitively linked the lawfulness of the manufacture of the power to sell in order to avoid circumvention of the Income Tax and BPHTB.Keywords: Tre Role of Notary and PPAT, Sell Counsel, Tax

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