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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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Duties and Responsibilities of Notary on The Act on His Own Viewed From Act No. 2 of 2014 on The Department of Notary Elang Yogi Medikabrata; Kurniawan Daeli; Amin Purnawan
Jurnal Akta Vol 5, No 4 (2018): December 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.v5i4.3891

Abstract

Notary is a public official who has the authority to make authentic documents and any other authority as referred to in Article 1 paragraph (1) of Act no. 2 of 2014 on the amendment of Act No. 30 of 2004 on the department of notary. The aim of this study was to: 1) To determine the duties and responsibilities of the Deed made by it in carrying out its duties and his position based on Act no. 2 of 2014 concerning Notary. 2) To find out the weaknesses of the duties and responsibilities of the Deed made by Act no. 2 of 2014 concerning Notary. 3) To find a solution weakness of the duties and responsibilities Against the Act made. The data used in this study are primary data, secondary and tertiary then analyzed by juridical empirical method that is reviewing the law relating to the issues discussed.Based on the data analysis concluded that: 1) The duties and responsibilities of a notary deed prepared to very low and many things that are broken. 2) the provisions set forth in Act no. 2 of 2014 concerning Notary less able to protect the client. 3) the provisions set forth in Act no. 2 of 2014 concerning on Department of Notary must include also the protection of the client as a result of the negligence of the notary who is aggrieved clients.Keywords: Notary Duties; Responsibilities Notary; Deed Of Notary.
Tanggung Jawab Para Pihak Dalam Pembuatan Akta Jaminan Fidusia Pada Notaris Di Busan Auto Finance Rembang Magmun Migfar; Amin Purnawan
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.v5i1.2550

Abstract

ABSTRAKDalam memberikan kredit, Perusahaan Pembiayaan wajib mempunyai keyakinan didasarkan pada unsur perinsip kehati-hatian biasa di kenal dengan 5C, yaitu terdiri dari character (watak), capacity (kemampuan), capital (modal), collateral (jaminan), dan condition of economic (kondisi ekonomi).Di dalam penelitian penulis membuat rumusan masalahanuntuk mengetahui tanggung jawab para pihak dalam pembutan akta jaminan fidusia pada Notaris dan penyelesaian sengketanya apabila debitur mengalihkan objek jaminan fidusia tanpa persetujuan tertulis oleh pihak PT. Bussan auto Finance (BAF) Rembang.Penelitian ini merupakan penelitian yang bersifat diskriptif dan apabila dilihat dari tujuannya teremasuk penelitian hukum empiris. Lokasi penelitian di PT. BAF Rembang. Jenis data yang digunakan meliputi data primer dan data sekunder. Teknik pengumpulan data yang dipergunakan yaitu melalui penelitian kepustakaan dan wawancara. Analisis data menggunakan kualitatif analitis.Berdasarkan hasil penelitian dapat diketahui dalam perjanjian pembiayaan antara kreditur dan debitur saling mengikatkan diri, debitur harus membaca dan memahami surat perjanjian pembiayaan, sebelum melakukan kesepakatan sengan Leasing, setelah menandatangi perjanjian pembiayaan, debitur harus memenuhi kewajiban membayar angsuran secara tepat waktu sesuai dengan besaran dan tanggal yang telah disepakati, kemudian timbulah hak dan kewajiban supaya jangan sampai ada konflik atau kesalah pahaman yang bias merugikan debitur dikemudian hari.Dalam hal benda jaminan yang menjadi objek jaminan fidusia dialihkan kepada pihak ketiga berlaku asas drot de suite, kreditur tetap dapat mengeksekusi benda jaminan tersebut di tangan siapaun benda tersebut berada. Pengalihan benda yang menjadi objek jaminan fidusia pada pihak ketiga dan seterusnya tidak menghalangi hak kreditur untuk tetap mengeksekusi benda jaminan fidusia tersebut. Memang dalam peneyelesain sengketa benda jamian fidusia di PT BAF Rembang masih mengedepankan cara musyawarah dahulu akan tetapi jika PT BAF Rembang berpedoman pada POJK No.29/POJK.05/2014 Tentang Penyelenggaraan Usaha Perusahaan Pembiayaan dan perlu adanya pendampingan dai pihak kepolisian maka akan sangat mudah dan mungkin untuk mengatasi debitur yang nakal.Kata kunci : Debitur, Kreditur, Eksekusi Benda Jaminan Fidusia.           ABSTRACTIn granting credit, a Financing Company must have confidence based on the usual principle of prudence known as 5C, which consists of character, capability, capital, collateral and condition of economic ( economic conditions). In the study the authors make the formulation of the problem to know the responsibility of the parties in the fiduciary guarantee certificate pembutan notary and settlement of disputes if the debtor divert the fiduciary guarantee object without written approval by the PT. Bussan auto Finance (BAF) Rembang.Penelitian is a descriptive study and when viewed from its purpose including research empirical law. Research location at PT. BAF Rembang. Types of data used include primary data and secondary data. Data collection techniques used are through literature research and interviews. Analytical data use qualitative analytical.Based on the results of the research can be known in the financing agreement between the creditor and the debtor bind each other, the debtor must read and understand the letter of financing agreement, before making leasing agreement, after signing the financing agreement, the debtor must meet the obligation to pay installments in a timely manner in accordance with the amount and date which has been agreed, then arise rights and obligations so that there will be no conflicts or misunderstandings that bias detrimental to the debtor in the future. In the event that the collateral object becomes the object of fiduciary guarantee transferred to a third party applies the principle of drot de suite, the lender can still execute the guarantee object in the hands of whoever the object is located. The transfer of objects which become the object of fiduciary collateral to a third party and so on shall not preclude the right of the creditor to keep executing the fiduciary assurance object. Indeed, in peneyelesain dispute fiduciary jamian objects in PT BAF Rembang still put forward the first musyawarah way but if PT BAF Rembang based on POJK No.29 / POJK.05 / 2014 About the Implementation of Financing Company Business and the need for assistance from the police then it will be very easy and possibly to deal with naughty debtors.Keywords: Debtor, Creditors, Execution of Fiduciary Guarantee Items.
IMPLEMENTASI DALAM PENYELESAIAN PERMASALAHAN AHLI WARIS PENGGANTI (STUDI BANDING BERDASARKAN HUKUM WARIS ISLAM DAN HUKUM WARIS PERDATA) Sarijo Sarijo; Akhmad Khisni
Jurnal Akta Vol 4, No 1 (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.v4i1.1752

Abstract

The study aims to determine the extent to which the replacement of substituted heirs in the case of a substituted heirs system, the implementation of substituted heirs and parts thereof, and the similarities and differences of substitute heirs under the Law of Inheritance and the Law of Inheritance of the Civil Code.The research used with approach method that is juridical normative method is legal research done by giving priority to researching library materials and documents. The specification in this research is using analytical descriptive, this method aims to provide an overview that is done by using a qualitative way that consists of: Theory-theory of law, legal doctrines, as well as opinions from legal experts.The results of this study and discussion: 1) The system of heirs according to Islamic Law is "the amount of property of the deceased in the net, after deducting the payment of the debts of the testator". Whereas in the law of the inheritance of the Civil Code there is no known regulatory difference on the basis of the kind or origin of goods left by the heirs.2) According to the Islamic inheritance law that the lineage entitled to obtain part of the substitute is replaced by a downward straight line, from a straight line upward and from a straight line to the side. Meanwhile, according to the law of the Civil Code inheritance from Hazairin's teaching that the brother of his father, both male and female, is not a barrier to replace his father's position, it is most important that his father had died earlier than the heir (grandfather). 3) The equality of the surrogate heirs in both laws is a person who succeeds the heirs who first passed away from the heirs who should have acquired the inheritance, and the replaced heir is the link between a person who succeeds and heirs. While the difference in terms of replacing the position of his father and: the rights obtained by the successor heirsKeywords: heirs, surrogate heirs, Mawali, Islamic Inheritance Law, Inheritance Law of the Civil Code.
Juridical Study With Deed Of Under Hand Evidence Which Notarized In Completion Case In Court Eko Nurhanafi; Akhmad Khisni; Amin Purnawan
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.v7i1.8100

Abstract

This study aims to assess and analyze: 1). Notary form of responsibility for the validity of the deed under which legalized hand. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court. 3). The authority of the judge in dismissing deed under the hand that had to notarize a Notary.Research using normative juridical, The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.Based on the results of this study concluded that: 1). Notary form of responsibility for the validity of the deed under which legalized hand there is the certainty that the signature means certain that the signature was indeed the parties to the agreement and not others. It is said that because of legalizing the letter should be required to know the people who are signing an a way to see his ID such as Identity Card and others. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court that the evidence is perfect as an authentic deed. Deed under the hand that has obtained the legalization of Notaries has the strength of evidence was perfect, because the deed under the hand of the truth lies in the signatures of the parties. So with the recognition of such signatures, then the contents of the deed was regarded as an agreement between the parties. 3) The authority of judges to cancel the deed under the hand that had to notarize the notary is a judge can only do that if put to him a certificate as evidence. The judge on his own initiative may not make a decision without their deed as evidence written agreement.Keywords: Notary; Strength of Evidence; Deeds Under Hand
Implementation of Notary Liability in The Making of Deed Based Act No. 2 of 2014 on Notary Position Syafiera Amelia; Rudi Hendri Basuki; Aryani Witasari
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.v6i1.4234

Abstract

This study aims to investigate the Implementation Of Notary Liability In The Making Of Deed Based Act No. 2 Of 2014 On  Notary Position and how protection Notary Notaries in deed.This study uses normative legal or sociological approach, as this study does not only include the Legislation and legal materials in the library, but also to the practice field as the supporting data. Also in this study are also used as the primary data source supporting data in a finding that will be examined with regard to liability notarized under Act No. 2 of 2014 concerning Notary.The results of this study ultimately provide answers form of accountability in the manufacture of a notarial deed notary if a notary to make mistakes as well as a form of protection notary if one were sued by applicant. Implementation responsibilities of office owned by a Notary is not done, then it could result in a deed made void, canceled by the parties or the deed only a proofing tool contract under hand. Because the deed deed null and void, the reason for the parties who suffered damages to sue replacement costs, damages and interest to the Notary. MKN Notary protection given to the Notary that if one made the call by the court to a Public Notary, must request permission in advance to MKN, should be make coordination with INI organization or Competent Senior Notary.Keywords: Notaries; Public Notary Accountability; Deeds.
Notarical Ethics In The Implementation Of Murabaha Ebit Tri Laksono; Akhmad Khisni
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.v5i2.3081

Abstract

In a business and banking transactions, there is an important thing of the existence of agreement, especially in a debt-receivable case. A Public notary as the side that has a discretionary power in making authentic agreement which has an important role in the banking transaction, not only in the Conventional Bank but also in the Islamic Bank. On of them is in the making of sharia agreement by the principal of murabaha. The agreement that was made by the public notary had the obvious strong power and could be placed as the evidence instrument, if there is a problem between two parties. The making of an authentic agreement by the public notary was required in the legislative regulations with the aim to create certainty, public order and the protection of the law.Keywords: Public Notary; Sharia; Murabaha.
The Role Of The Supervisory Council Of The Regional Notary (MPD) In The Notary Code Enforcement Under Act No. 2 Of 2014 In Subang Aep Saepudin; Akhmad Khisni
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.v6i1.4250

Abstract

The purpose of this research is to know and understand the role of the Notary Supervisory Council of Regions (MPD) Based on Act No. 2 of 2014, and to know and understand the code of ethics enforcement practices notary office in Subang.Based on the results of data analysis is concluded, that obtained a description of some of the measures that will be implemented by the Council of Regional Supervising Notary Subang district, in addition to the authority in accordance with the rules of the existing Assembly Regional Supervising Notary Subang district also did sosilisasisosialisasi to the parties associated with the profession of Notary among other elements of society, academic elements, the Indonesian National Police. Regarding the agencies that supervise the Notary prior to the enactment UUJN conducted by the District Court results are not optimal this is due to a lack of understanding Supervisory Judge of the profession Notary, while supervision and examination of the Notary conducted by the Council of Trustees, in which there are elements of Notaries, thus at least Notary supervised and examined by the Supervisory Council members are definitely better understand the world Notary. Keywords: Notary Supervisory Council of Regions; Code; Notary.
Release of The Rights on Management of PT. Indonesian Port III, (Persero) To The Certificate of Land And Building Connected to Marine Tourism Village in Semarang M. Ali Mashar; Akhmad Khisni
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.v5i2.3092

Abstract

Land is a natural resource that is essential for human survival. But this time the land is a natural resource that is finite and diminishing. Land has many proprietary someone (private) and state-owned land has been extremely limited. Based on the background mentioned above have been presented, the authors are interested to examine, discuss and review the above issues in the form of a study entitled: " Release Of The Rights On Management Of PT. Indonesian Port III, (Persero) To The Certificate Of Land And Building Connected To Marine Tourism Village In Semarang”. The results are expected to contribute ideas for the development of legal science in particular on how the waiver process management PT. Indonesian Port III, The method used is qualitative analysis. Based on the formulation of the problem it is concluded HPL release the legal basis must be based on legislation, if not yet published legislation, it can be subjected to a government regulation to replace legislation or government regulation (a regulation). HPL release law committed by PT. Pelindo on land certificates are fully controlled by people of Tambak Lorok so that the transition will not happen obstacles.Keywords: Release; Right On Management; PT. Indonesian Port III (Persero); Semarang.
IMPLEMENTASI KEKUATAN EKSEKUTORIAL TERHADAP HAK TANGGUNGAN DALAM RANGKA PENYELESAIAN KREDIT MACET BERDASARKAN AKTA YANG TELAH DIBUAT OLEH NOTARIS Fadhilah Sundah; Jawade Hafidz
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.v4i2.1799

Abstract

The mortgage right is one of the guarantee institutions in Indonesia that is often used in the provision of credit agreements whose arrangements are regulated in Law No. 4 of 1996 on Mortgage Rights. Against a non-performing loan, the mortgage holds stronger executorial strength compared to other guarantees in general. Registration of mortgages can only be done by the Land Acquisition Authority (PPAT) who has the authority as mandated by law with the establishment of a Deed of Assignment Rights (APHT) and registered by the relevant official to the National Land Agency (BPN) with the terms and times that have been determined as well.The existence of a bad credit is also caused by the debtor who has bad faith in installing the credit and expected a self-know system to know the financial history of debtors to the bank more thoroughly in conducting credit analysis. Keywords: The power of ekskutorial, mortgage rights.
Distribution Of Inheritance To Non Moslems Heirs In Notary Deed From Islamic Inheritance Law Perspective Andi Hamniza Kastury; Aynun Nurmayanti; Munsharif Abdul Chalim
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.v7i2.7669

Abstract

The aim of this study was to: 1) To determine the position of non-Moslem heirs to the estate heir which has Islamic religion. 2) To identify and analyze how inheritance to heirs of non-Moslems in terms of the deed of Islamic inheritance law.Based on the data analysis concluded that: 1) The position of non-Moslem heirs of inheritance toward Moslem is not called heirs because of differences in religion, but he is entitled to receive a portion of the deceased's estate by his parents was borrowed. 2) The division of inheritance to heirs of non-Moslems are equal parts by the beneficiaries (women) and the other in the act of notary deed evidence obligatory will be made, each of which must be a testament that the act in order to obtain legal certainty as authentic documents binding.Keywords: Division of Heritage; Non Moslem Heirs; Notary Deed; Islamic Inheritance Law.

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