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
Articles
818 Documents
<![CDATA[A Making Authentic Deed of Distribution of Inheritance to Land by a Notary Public ]]>
<![CDATA[Dicky Ardiansyah]]>;
<![CDATA[Anis Mahdurohatun]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Akta Vol 8, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i1.14986
<![CDATA[The making of a certificate of inheritance is carried out by a different official, which is based on the population group, there are three officials who are authorized to make a certificate of inheritance, namely the Notary, the Heritage Hall (BHP), or made by the heirs themselves on paper witnessed by the Head of Village / Village Head and strengthened by the Head District. This writing aims to analyze the process of making authentic deeds of distribution of inheritance of land rights, the obstacles faced by the notary and their solutions. Researchers used legal research methods with a normative juridical approach. The data source came from secondary data. This writing is analyzed qualitatively using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance distribution theory. The results showed that: 1) The process of making an inheritance distribution deed begins with the making of an inheritance certificate (SKW), which is the first step in carrying out the process of distributing inheritance to land in Jepara. The next step is: joint heirs before the notary in the presence of 2 (two) witnesses, bringing the documents that have been determined, the notary checks the files, certificates carried by both parties. The Official for Making Land Deeds (PPAT) makes a will or a certificate of inheritance. The will shall be signed by the heir and the PPAT (made in two copies). 2) PPAT obstacles in the process of distributing inheritance of land rights, namely: legal substance, legal structure, and legal culture. Solutions to obstacles, namely: Consulting and asking for help from government officials in the local village or sub-district. The government needs to disseminate information to the community. Provide information regarding the procedure and procedures for registration as well as incomplete document documents to the applicant.]]>
<![CDATA[Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties ]]>
<![CDATA[Yempi Yempi]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14210
<![CDATA[Protection of notaries related to confidentiality, especially in the law enforcement process, has not been able to be realized effectively, this is because there is no real protection system for notaries who disclose their secrets in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep confidential what is related to their position. The notary is obliged to keep the contents of the deed secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drafting of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.]]>
<![CDATA[Role of Notary in Capital Market: Making GMS Minutes Online During Covid-19 ]]>
<![CDATA[Rais Firdaus Handoko]]>;
<![CDATA[Budi Santosa]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.12893
<![CDATA[In early 2020, the world was shocked by the rapid spread of the novel coronavirus disease known as the corona virus disease which came out at the end of 2019 (COVID-19), so that the whole world took many policies with online system, including lectures and notary activities. The purpose of this paper is to explain controversy over the principle of lex specialis derogate legi generalis in the capital market notary and legality of making the deed of the minutes of the GMS online by a capital market notary can provide justice for notaries. This research used a normative juridical research with the specification of the research was carried out descriptively and analytically. Normative research uses secondary data types. The data collection method used by conducting Library Research and the techniques used in describing and processing the collected data are qualitative descriptions. This writing can be concluded that the deed of the minutes of the GMS of capital market companies in accordance with Article 5 paragraph (1) of the Electronic Information and Transaction Law includes the so-called electronic documents which are valid evidence, while in Article 16 letter m of the Law on Notary Position, it is stated in the explanation of this Article. "That the notary must be physically present and sign the deed before the audience and witnesses". The author's suggestion is to revise the Law on the Position of Notary Public, legalize the formation of GMS minutes online both during the corona virus pandemic and after the end of the virus, so that these rules can adapt to the needs of today's life which are completely electronic, internet, digitization, and computerized.]]>
<![CDATA[STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION ]]>
<![CDATA[Sulaiman Sulaiman]]>
<![CDATA[ Jurnal Akta Vol 8, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i2.7924
<![CDATA[The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.]]>
<![CDATA[Problems in Making Power of Attorney Burden Mortgage Rights ]]>
<![CDATA[Sukarman Sukarman]]>
<![CDATA[ Jurnal Akta Vol 8, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i1.15287
<![CDATA[In its development, in terms of making a Deed of Granting Mortgage the debtor cannot attend which is then represented by his representative, the consequence of the debtor's representative is that the Deed of Granting Mortgage Rights must be drawn up with a Power of Attorney to impose Mortgage Rights. This research uses a normative juridical approach, the results of the study state that the factors that influence the emergence of problems in making a power of attorney to impose a mortgage are in the form of laws and regulations, namely in the form of disharmony between Article 38 of the Notary Position Law and Article 96 paragraph (1) of the Head Regulation. National Land Agency Number 8 of 2012, the weakness factor of the Power of Attorney to impose mortgage rights, namely the validity period of the power of attorney to impose mortgage rights and additional costs in making a power of attorney to impose mortgage rights which is also a notary certificate.]]>
<![CDATA[The Buy & Sell Strategy with Concept of"Standart Contract" & Problems ]]>
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Djauhari Djauhari]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14646
<![CDATA[The impact of globalization penetrates various aspects of life and layers, especially in the field of trade (buying and selling). This field is vulnerable to the use of standard agreements to facilitate transactions with standard or standard contract receipts, meaning that the clauses are drawn up and arranged in such a way without paying attention to the interests of consumers as users of goods and/services. There is an injustice in the process of making the agreement, because the consumer is not involved in determining the agreement, resulting in extreme emotions, different perceptions of the object of the dispute, and ultimately unpleasant attitudes between the parties. The urgency of research to get the right solution in getting around is made possible through Alternative Dispute Resolution (dispute resolution out of court), juridical normative method with descriptive analytical research specifications. Analyzing the problem by describing factually related to existing legal norms. Social Justice Theory which is in line with John Rawls' opinion, justice which focuses on the balance of rights and obligations of the parties, so that it has the opportunity to consistently benefit.]]>
<![CDATA[Legal Problems Regarding the Implementation of the Obligation to Read the Notary Deed ]]>
<![CDATA[Hendy Hendariyadi]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Soegianto Soegianto]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14102
<![CDATA[Reading the deed is an obligation in every authentic deed is made, the reading of the deed by a notary is part of the verlijden or the inauguration of the reading and signing of the deed in question. If the reading of this deed is related to the making of an authentic deed which is part of perfect proof, it is clear that making a notary deed requires the real presence and physical position of the parties concerned. The purpose of this research is to analyze the Notary Public is obliged to read out the deed made based on Act No. 2 of 2014 concerning the Position of Notary Public, To analyze the legal problems of reading deeds made by the Notary, To analyze the legal consequences of deeds that are not read by a Notary based on Act No. 2 of 2014 concerning the Position of a Notary Public. The method used in this research is the method used in this research is juridical empirical, namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects.The legal problem of reading deeds made by notaries, related to article 16 paragraph 7 of the Law on Notary Position regulates deviations from article 16 letter m. Where in Article 16 paragraph 7, it is stated that the reading of the deed is not mandatory, if the viewer wants the deed not to be read because the viewer has read it himself, knows and understands its contents, provided that it is stated in the cover of the deed and also on every minuta deed page initialed by the parties, and witnesses, as well as a notary. The legal consequence of the deed which is not read out by the notary based on Act No. 2 of 2014 concerning the Position of Notary Public, the deed which is not read out is still an authentic deed as long as the reasons for not reading the deed are stated.]]>
<![CDATA[THE SYNCHRONIZATION NECESSARY OF NOTARY SUPERVISION BY NOTARY SUPERVISORY AND HONOUR COUNCIL ]]>
<![CDATA[Suwardi Suwardi]]>
<![CDATA[ Jurnal Akta Vol 8, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i2.14163
<![CDATA[In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council. This study uses a normative juridical approach, which is a research that is focused on examining the application of norms or norms in positive law. Article 67 paragraph (2) of Act No. 2 of 2014 states that the Notary Supervisory Council shall supervise notaries including the behavior of the notary and the implementation of office by the notary. Meanwhile, the Honorary Council itself only provides guidance and supervision to the extent that it violates ethics. What must be remembered is that the authority possessed by the Notary Supervisory Council looks so 'broad'. This is because the Notary Supervisory Council is not only authorized to carry out guidance and supervision of notaries who violate the provisions of the law. However, the Notary Supervisory Council also provides guidance and supervision of ethical violations as carried out by the Honorary Council. The conclution of this reseach is Synchronization of Notary Supervision by the Notary Supervisory Council and guidance by the Notary Honorary Council in law enforcement is very necessary.]]>
<![CDATA[The Notary Public in Singapore ]]>
<![CDATA[Steffanny Cristine]]>
<![CDATA[ Jurnal Akta Vol 8, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i1.15288
<![CDATA[Singapore law, which has its root in English law, has now evolved into a distinctive jurisprudence. It continues to absorb and modify the common law as well as best practices from other mature legal systems. The common law system in Singapore bears material differences from some Asian countries which have imbibed the civil law tradition such as the legal profession. The common law is one important strand of Singapore politico legal fabric. Singapore has inherited the English common law tradition as a part of Anglo Saxon countries and thus enjoys the attendant benefits of stability, certainty and internationalization inherent in the British system. Singapore shares similar English common law roots with some neighbours, such as Malaysia, Brunei, India and Myanmar through the details of the application and implementation will differ according to each country’s specific needs and policies, same goes to the legal professional they are adopted.]]>
<![CDATA[Legal Certainty Concerning Implementation of Working Agreements between Service Providers & Workers Concerning Delay Payments of Work Achievement ]]>
<![CDATA[Taufan Fajar Riyanto]]>;
<![CDATA[Ramon Lantemona]]>
<![CDATA[ Jurnal Akta Vol 8, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i1.14988
<![CDATA[This study aims to: to determine legal certainty regarding the implementation of work agreements between service providers and employers in the event of a delay in payment of work performance by the service provider. The approach method in this research is normative law, the data source is obtained from the literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded that : With the presence of a work agreement between the service provider and the employer, this agreement basically provides legal certainty regarding the rights and obligations of both parties, one of the points in the payment is the payment for work performance, in this case the service provider is obliged to accept work repayment that has reached 100 % or it has been completed, when the Regional Government of South Konawe Regency, the Office of Food Crops, Horticulture and Plantations does not make payment, the agency has defaulted because in the agreement it was agreed that when the work was completed, a settlement would be carried out. This certainly violates the Principle of Pacta Sunt Servanda (Agreement Applies as Law) as contained in the provisions of Article 1338 paragraph (1) and paragraph (2) of the Civil Code which states that "all agreements legally made are valid as laws for those who make them.]]>
