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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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Juridical Review of Executorial Confiscation Power after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Against Act No. 42 of 1999 Regarding Fiduciary Guarantee Lupita Randawi; Akhmad Khisni; Amin Purnawan
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.v7i4.14104

Abstract

The purpose of this research is uTo: 1) To determine the legal strength of the executorial confiscation of a fiduciary guarantee certificate against a debtor who is in default (in default) and does not want to voluntarily hand over the goods that are the object of fiduciary security and 2) To know the procedure for implementing the execution of a fiduciary guarantee certificate for debtors who are in default (default) After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and (3) To find out what weaknesses and solutions can be obtained from the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which are then analyzed using the normative juridical method. Based on the results of data analysis, it is concluded that: 1) based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 seizure of the execution of the fiduciary guarantee by the creditor mustdone when there is an agreement regarding the default and the debtor's willingness to hand over the object that becomes the object of fiduciary. 2) If there is no agreement regarding default and the debtor does not voluntarily submit the object of guarantee, then the procedure for executing the fiduciary guarantee is carried out the same as the execution of a court decision which has permanent legal force.
RE-ORIENTATION OF LEGAL POLICY FOR USING OF FOREIGN WORKERS IN INDONESIAN JUSTICE Andri Winjaya Laksana; Jarot Jati Bagus
Jurnal Akta Vol 8, No 2 (2021): June 2021
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.v8i2.15439

Abstract

The existence of foreign workers, which so far has not been balanced with clear legal arrangements, has in its development led to problems of legal certainty in the field of employment. This writing uses doctrinal research or normative juridical research as for the research results obtained that the re-orientation of the implementation of legal policies on the use of foreign workers has not been able to achieve justice. This is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers, which in turn resulted in unemployment and poverty problems. Weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Act No. 13 of 2003 and Act No. 6 of 2011.
The Role of Notary in Binding The Security with Liability Rights Muhammad Zaky Mushaffa
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.v7i4.12889

Abstract

This research aims to determine the role of the notary in binding collateral with immovable property rights, obstacles and solutions in the implementation of binding mortgage rights and legal consequences if it is done not in front of a notary. This study uses an approach Juridical Empirical, namely legal research by approaching the existing facts by conducting research and then being reviewed and reviewed based on the relevant laws and regulations as a reference for solving problems. The result are (1) The role of a notary in binding immovable property collateral is very important, referring to article 15 paragraph (1) of the UUHT which stipulates that the Power of Attorney to Impose Mortgage Rights (SKMHT) must be made with a notary deed or deed PPAT (2) The obstacles that occur in the collateral binding process with mortgage rights can be mapped in two stages, namely the pre-binding stage, generally related to the filing of binding requirements such as the identity of the parties, the object of guarantee, and the parties' authority to act and the stage after the binding, at generally related to the attitude of the debtor and the binding process at the local National Land Agency. (3) Legal consequences of binding collateral if not carried out before a notary include the signed agreement loses its authenticity as stipulated in Article 16 paragraph (8) UUJN.  
Protection Relevance of the Execution of Separatic Creditors Based on Pancasila Justice Gregorius Yoga Panji Asmara
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.15289

Abstract

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 Of 2004 is contrary to Pancasila justice. The method used is the normative juridical method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage without having to go through anmaning in court, the meaning of the debtor's insolvency should be a trial in court or through anmaning regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the value of Pancasila social justice.
Implementation of Land Procurement for Waqf Land Affected by the Solo-Ngawi Toll Road Darmiko Irwansyah; Ahmad Sulchan
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14989

Abstract

The purpose of this study is to determine and analyze: 1). Implementation of land acquisition for Waqf land affected by the Solo-Ngawi toll road in Dibal Village, Ngemplak District, Boyolali Regency 2). Barriers and solutions to resolve the obstacles faced in the implementation of land acquisition for Waqf land affected by the Solo-Ngawi Toll road in Dibal Village, Ngemplak District, Boyolali Regency. The approach method in this research is juridical empirical, namely research that focuses on the behavior of individuals or communities in relation to law. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method was carried out by qualitative descriptive analysis. The results of the research concluded that: 1) Implementation procurement of land to replace Waqf land affected by the Solo-Ngawi toll road in Dibal Village, Ngemplak District, Boyolal Regency, namely theplanning, preparation stages, implementation stages, submission of land exchange permits for Waqf to the Regional Office, stages of submitting results, submitting certificates of Waqf to BPN. 2).Obstacles faced in the implementation of land acquisition to replace the donated land affected by the Solo-Ngawi Toll road in Dibal Village, Ngemplak District, Boyolali Regency that is, the tardinesspermits, some of the Waqf land has disappeared or has died, it is difficult to find a replacement land that matches the value and area of the Waqf land affected by road construction. The solution to solve these obstacles, namely location data collection to speed up the issuance of permits, immediately look for a replacement Nadzhir, prioritizing deliberation and socialization. Deliberation to reach consensus is a way to get results that are fair to both parties.
Duties & Responsibilities of Notary Recipient of Minuta Deed of Notary Protocol who has Retired or has Passed Away in Salatiga Nanda Kurniawan; Amin Purnawan; Ngadino Ngadino
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.v7i4.14133

Abstract

This study aims to examine and analyze: 1) Duties and Responsibilities of Notaries as Recipients of the Minuta Deed Protocol. 2) Implementation and Submission of Protocols for Notaries Who Have Retired or Died in the City of Salatiga. The approach method used in this research is the empirical legal approach (sociological) because in this study it examines people in living relationships in society, the study uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior done through direct observation. The specification is analytic descriptive research. Legal research is focused on examining the compliance of the community, especially notaries as recipients of duties and responsibilities of notaries as recipients of the Minuta Deed Protocol to a legal norm with the aim of measuring whether or not a legal arrangement is effective. In this study, the data source consisted of primary data obtained by researchers through interviews and secondary data obtained through literature studies. Based on the research results it can be concluded that: 1). 2) Constraints in Implementing Duties and Responsibilities of Notary Public as Recipient of Duties and Responsibilities of Notary Public as Recipient of Minuta Protocol, especially in Salatiga City, namely the lack of adequate and adequate space owned by the notary receiving the protocol, the number of protocols that must be accepted, it is not uncommon for the notary receiving protocol to lack a place to store due to limited office space. So it is better if you keep the minuta deed in the form of soft copy, microchip or storage in electronic or digital form, because storing the minuta deeds is more practical and does not take up a lot of space, and makes it easier to maintain and search for the minuta archives if one is needed.
IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT Moh. Nurul Huda; Muhammad Ridwan Lubis
Jurnal Akta Vol 8, No 2 (2021): June 2021
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.v8i2.15459

Abstract

In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.
Role of Notary in Abroad and Indonesia Haingo Rabanirajona
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.v7i4.12900

Abstract

One of the important professions in society is notary. This profession is a special profession because it is a public official in carrying out its duties which is bound by juridical norms and professional code of ethics. The notary code of ethics becomes a moral principle determined by the Indonesian Notary Association (INI) which is the basis for organizing or regulating the notary professional code of ethics in relation to many parties, which of course must be obeyed or obeyed by every member who is bound or binds himself/herself in the association (organization) that. The consequences as a member of this profession must be understood by a notary, because sourced from here, the dignity of the profession can be maintained. The position of the Notary which is urgent in human life makes the process of someone who wants to become an expert notary public important. Therefore, in notarial education, notary ethics should also be considered. So in this case it is emphasized that a professional education without education on responsibility and professional ethics is not complete. In the field of law, technical skills that ignore aspects relating to the responsibilities entrusted to him and his profession in general, as well as ethical values and measurements that must serve as guidelines in carrying out his profession.
AN EXAMINATIONS OF ALLEGATION OF NON-COMPLIANCE WITH AML/CFT LAWS AGAINST ISLAMIC BANKING Maruf Adeniyi Nasir; Dato’ Ng See Teong
Jurnal Akta Vol 8, No 2 (2021): June 2021
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.v8i2.15720

Abstract

The dangerous dimension which the terrorism financing incursion introduced to peace and harmonious life globally makes the issue of money laundering and combatting financing terrorism (AML/CFT) a serious phenomenon. The compliance with the AML/CFT laws now generates global interest. Assessment of whether Islamic banks are complying with AML/CFT compliance measures becomes a grave issue that require attention particularly against the background of allegation by Western countries of lax control and supervision. This is probably because of the havoc that the world has continuously experienced as a result of this menace. The issue has continued to come in different dimensions and like a Siamese twin, the banks have become the focal point and inseparable in the issue of how to combat this menace. Incidentally, the increase in the growth and development of Islamic banks across the globe has dragged it to the centre of discussion. Thus, there have being a recurring issue on Islamic financial institutions regarding its compliance with Anti-money laundering laws and Combating Financing Terrorism (AML/CFT) measures. There were allegations of non-compliance with AMLCFT laws by Islamic banks, particularly by some Western countries led by the United States of America. Consequently,  the issue of combatting money laundering and terrorism has become a major issue in the global domain. This paper has extensively examined the allegation of non-compliance of Islamic banks with AML/ CFT laws. This is done by beaming searching light on the growing perception of lax in the control, monitoring, weak supervision, and non-compliance of Islamic banks with AML/CFT measures that is been spearheaded by some western countries, led by the US. Thus, by using the doctrinal research methodology, the paper sought to determine the veracity of the allegation and incidentally found that the allegation is not only baseless but lacks empirical evidence. 
The Role of Notary in Land Liberation Relation to PLTU Development for Public Interest Dian Laras Sukma; Jawade Hafidz; Ngadino Ngadino
Jurnal Akta Vol 8, No 1 (2021): March 2021
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.v8i1.14985

Abstract

PLTU Batang is a steam power plant built in Batang Regency which is expected to meet the national electricity needs in the Java and Bali regions. The PLTU is located in three villages namely Ujungnegoro, Karanggeneng, and Ponowareng, near the Ujungnegoro Sea. Among the three villages, Karanggeneng had the biggest impact because the majority of its residents experienced the impact of the PLTU construction. The purpose of this study was to evaluate the influence of the PLTU development policy on the social life of the Karanggeneng Village community. This research uses the method juridical sociology, namely in this study the author conducts a review of the legal aspects to find out the applicable regulations, especially those relating to the role of notaries in land acquisition in. The data collection techniques used were interviews, observation, and documentation. The results showed that the existence of PLTU Batang affected the Karanggeneng Village community who were forced to sell their land, the future of the local community was also affected because of the change in land functions resulting in the community losing their livelihoods. The PLTU policy has an impact on current and future conditions, namely increasing unemployment and poverty in Karanggeneng Village, but the form of PT PBI's responsibility is the establishment of a KUB for affected communities, it is suggested that the construction of PLTU Batang should pay more attention to the socio-economic conditions of the community. This study aims to determine the process of land or land acquisition for PLTU development in Batang Regency, where there is a notary's role in making authentic deeds. The Land Acquisition Committee (P2T), refers to the land acquisition regulations at that time. This type of research is sociological juridical. The Land Acquisition Committee changes the designation of the Regional Spatial Planning (RTRW), also provides compensation in the form of money in the release of land that does not have ownership rights based on the Basic Agrarian Law (UUPA) and Government Regulation Number 24 of 1997. Notaries make the Deed of Releasing Rights to Land and the Deed of Debt Recognition in the said land acquisition, while the land acquisition is on state land, so there is no relinquishment of land rights in the legal act.

Page 28 of 82 | Total Record : 818

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