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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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The Role Of Land Deed Official (PPAT) In Application Of Transfer Function On Agricultural Land To Be Non- Agricultural In Tegal (Certificate Study Of Ownership Right Number 998 / Pakembaran) Mochammad Yefrie Dwi Oga; Lathifah Hanim
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.v6i2.5064

Abstract

The purpose of this study was to determine: 1) The role of the Land Deed Official (PPAT) in registration of rights to land conversion of agricultural to non-agricultural to residential in Tegal. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential in Tegal. 3) Obstacles and solutions of conversion rights over agricultural land into non-agricultural to residential in Tegal. This study uses empirical juridical approach or socio-legal research. Data collected through literature, observation and interviews. Based on data analysis concluded that: 1) The role of PPAT in enrollment over the function of rights over agricultural land into non-agricultural to residential houses which provide information on the law relating to the procedure of land conversion and registration of land rights after deters conversion and the making of letters or deeds relating for their particular legal acts such as the breakdown of plot, behind the name, as well as buying and selling land. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential implemented through several stages of the formation of the assessment team, the assessment of land use change object, the trial of the determination, the recommendations and the issuance of a decision on approval of land use changes. 3) Obstacles and solutions in the conversion of agricultural land rights into non-agricultural to residential namely population growth, land agricultural diminishing and changing the status of land use. The solution in the conversion of rights over agricultural land into non-agricultural to residential houses of government is more emphasis on the rules on agricultural land and non-agricultural order later on agricultural land does not decrease faster than society itself should be aware of the importance of agricultural for food security community own.Keywords: Notary / PPAT; Role; Registration; Transfer Function; Land.
District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr) Bayun Kismantoro; Akhmad Khisni
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.v6i3.5105

Abstract

The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant. 
Analytical Study on Egyptian Inheritance Law Reform (Faraidh) Saed Arthos; Muhammad Iqbal; Sukri Sukri
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.3032

Abstract

The decline of Muslims became the background for the birth of reform ideas. This can be seen with the birth of various figures who are aggressively voicing reforms in various fields, such as politics, education and law. History has recorded names such as Jamaluddin al-Afgani with Pan-Islamism, Muhammad Abduh with education reform, and Rasyid Ridho with the idea of legal dynamics. Which in turn has an impact on the modernization of the writing and learning system of Islamic law and the laying of Islamic law in state legislation. Islamic law, especially inheritance law, is practiced by Muslims in Indonesia on the basis of personal awareness and encouragement of faith and obedience to Islam. This law uses the main sources of the Qur'an and Hadith, which are complemented by Ijtihad and qiyas carried out by scholars and judges. The history of Islamic law reform cannot be separated from the dialectic of evolution that occurred from time to time, geographical scope and conditions. The main model of this movement is in the spirit of spreading and implementing Islamic law which emphasizes progressive efforts in the legal field with the spirit of reform. The spirit of renewal through the idea of reforming Islamic law, especially in the field of family law, occurred in the middle of the second decade of the 20th century in Turkey. This enthusiasm continued to give birth to brilliant ideas in the progress of law formation, one of which was followed by the birth of a mandatory will on the application of inheritance law issues in Egypt in order to meet the state's needs for the codification of family law regulations.
Notary Role In Making The Establishment Of The Deed Of Business Cooperation In The Rembang District Zaenal Arifin; Risky Amalia; Aryani Witasari
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.v6i3.5102

Abstract

The purpose of this study was to analyze: 1) The implementation of the Deed of Establishment of Cooperative manufacture in Rembang. 2) The role of the Notary as the maker of the Deed of Establishment of Cooperative Enterprises. 3) Barriers and solutions in the Deed of Establishment of Cooperative Development in Rembang.The approach method in this research is juridical empirical, data sources used are primary and secondary data obtained through interviews and literature study, performed data analysis by descriptive analytic.Results of the research results can be concluded: 1) Implementation of Creation Deed of Establishment of Cooperative in Rembang which starts with the preparation stage of formation, preparation stage meetings of formation, stage meetings of formation, stage request for approval rights of legal entities cooperatives, and the stage of issuance of the deed pendiiran and 2) As the role of Notary Deed of establishment of cooperative enterprises in Rembang is as maker deed of cooperative efforts. Notaries have the right authority / legal standing in a deed of incorporation of cooperatives. 3). Obstacles and solutions in the Deed of Establishment of Cooperative Development in Rembang of the cooperative is a member of the cooperative awareness level is still low, less managerial capacity, and limited capital resources. Barriers of Notary Public Notary is still much limited knowledge of Notary Deed Official Cooperation (PPAK) and the low interest of the Notary Deed Cooperative (NPAK) in Rembang district were registered for the Legal Entity Administration System Cooperative (SISMINBHKOP). With the state of a society, then the Office of Industry Trade Cooperatives and Small and Medium Enterprises Rembang should seek to build cooperation between the Notary in Rembang with the Agency's own cooperative.Keywords: Deed of Establishment of Cooperative; PPAK; SISMINBHKOP 
Political Renewal of Copyright Protection Law in the Problem of Copyright Infringement (Multi-Dimensional Law Narrative) Melki Suhery Simamora; Prihartono Prihartono
Jurnal Akta Vol 8, No 4 (2021): December 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.v8i4.18625

Abstract

Copyright is a high reality of various values, including economic value, this is because copyright that is born from copyright, taste, and intention is able to color the development of human life through objects born from the copyright process. But in its development various copyrights are not noticed in this country. The rise of piracy of song copyrights, for example, can only be economically profitable for the perpetrators of song copyright piracy, while not many creators can seek justice for it. This is increasingly unfair with Article 112 to Article 119 of Act No. 28 of 2014 changing a copyright offense into a complaint offense which further marginalizes the rights of the creator of a copyrighted work in this country. Therefore, it is necessary to have a joint discussion regarding the development of legal politics of creator protection related to copyright offenses that occur. Relevant updates can be made through changes to the complaint offense in theInvite-Act No. 28 of 2014 becomes a general criminal offense. So it is hoped that criminal offenses against copyright can be handled without having to complain from the copyright owner first so that copyright protection can be optimally implemented, this will be able to improve civilization for the better due to the protection of the economic aspect of copyright through criminal sanctions imposed firm.
Upgrading Status of Right to Builds (HGB) Above The Right Management (HPL) Perumnas to Become Ownership Right (HM) (Case Study at Korpri Housing Bangetayu Wetan Semarang) Dian Yunanti Yakob Udi; Titin Prialianti
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.v5i3.3264

Abstract

In order to facilitate the middle to lower economic level people to have a decent housing, the government established Perumnas. Citizens wishing to improve their land title to HM (Ownership Right) on residential houses purchased from the Right to Use (HGB). This process must meet the prescribed requirements. The research method used was sociological juridical approach with analytical descriptive research specification, while the data analysis method used was descriptive qualitative. Based on the results of study in Korpri Housing Bangetayu Wetan Semarang and Land Office of Semarang City, it can be concluded that the procedure for submission of HGB to HM, the applicant has to visit the Land Office of Semarang City and complete some administrative requirements in the form of filling registration form, ID Card, IMB, HPL Holders Recommendation Perumnas, SPPT PBB of the current year, land ownership statement not more than 5 fields, and power of attorney if the application is authorized. Some obstacles in the application of the upgrade from SHGB on HPL Perumnas land become SHM are some people do not know or less understand about the procedure and requirement to upgrade their right, so that they give authorized to Notary/PPAT (Land Deed Officials), effort in IMB, the house is used as houseshop instead of residence. The way to solve it is by conducting further socialization to the community through BPN (National Land Agency) service, Notary/PPAT and physical inspection of residential houses for which the rights are requested.Keywords: Housing; Perumnas; Right to Manage; Ownership Right; Right to Builds.
Making Implementation Deed Electronically Based on Law of Notary Yudha Priyo Kuspratomo; Lailatul Nur Hasanah; Sri Endah Wahyuningsih
Jurnal Akta Vol 6, No 4 (2019): December 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.v6i4.7666

Abstract

The purpose of this study was to: 1) To know and analyze the mechanisms of electronic deed made by the notary. 2) To analyze the obstacles faced by the notary in the manufacture of electronic certificates. The method used in this empirically is sociological juridical data used in this study are primary data and secondary data, primary data obtained by conducting interviews with Indonesian Notary Association, and secondary data obtained by reviewing book. Found of data analysis concluded that: 1) the Indonesian Notary Association until now was not serious to realize implementation electronically authentic deed. With electronic media, notaries become more efficient administration. 2) Barriers cyber Notary the notary system management. Managed the Ministry of Justice and Human Rights of the Republic of Indonesia or the Indonesian Notaries Association organization. Because the office of notary is an independent, preferably Indonesian Notary Association has its own system that will manage the cyber Notary and can be used by all notaries Indonesia. Harmonization Act as a way out for the development of cyber Notary in Indonesia. Keywords: Deed Electronics; Cyber Notary; UUJN.
The Role of Regional Monitoring Assembly (MPD) Taking Control of The Check / Honorarium Services in The District of Cirebon Arif Rakhman; Jawade Hafidz
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.v5i2.3225

Abstract

Notary as a public official, as well as a profession, position is very important in helping to provide legal certainty for the public. Notaries must prevent legal problems later in life through authentic agreement he made as a perfect proof in court. Notaries have a role in activities run the legal profession that can not disconnect from the fundamental issues relating to the functions and roles of law where the law itself, which is defined as the legal rules that govern all public life. This authority can not be applied because it has not yet issued the implementing regulations for the expansion of the notary's authority.Keywords: Notary Official; The Function of Notaries; Notary Competition.
Property Rights Transfer of Land Under Government Regulation Number 24 of 1997 on Land Registration in The Semarang City Ida Fitriany; Akhmad Khisni
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.v5i4.3732

Abstract

The problem in this research is how the implementation of the transition land ownership through of buying and selling in Semarang?, and What are the barriers and solutions to transition ownership of the land by way of sale and purchase in Semarang? Sociological juridical approach, specification of descriptive analytical research. Source of Data are Primary and Secondary Data. Research technique purposive sampling non-random sampling. Data collection techniques by observation and interviews and conducted through the study of literature. Data Analysis Techniques with qualitative analysis methods.The results of the study in this paper the problem is still a delay in registration of transfer of property rights on land that is done by selling under the counter. Pleased with the legal cover for land buyers when buying and selling is done under the hand and is not registered with the Land Office, it is for the buyer of land is not legally strong / weak and limited. It is the duty of the buyer to complete the land to make a statement of deeds delays, physical mastery statement and the statement is not in dispute. The land buyers are often disadvantaged by the implementation of the sale and purchase under the hand, because when to create a deed, the seller had died or had not known where he lived.Keywords: Sale and Purchase of Land, Transfer of Rights, and Government Regulation No. 24 of 1997 on Land Registration.
Tinjauan Yuridis Pelaksanaan Perjanjian Pengikatan Jual Beli Hak Atas Tanah Berdasarkan Akta Notaris Di Tegal Fransiska Mayasari
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.v4i4.2492

Abstract

ABSTRAKTujuan penelitian ini adalah untuk mengetahui dan menganalisis: 1). pelaksanaan perjanjian pengikatan jual beli hak atas tanah berdasarkan akta notaris di Tegal. 2). Untuk mengetahui apa saja yang menjadi kelemahan-kelemahan pelaksanaan perjanjian pengikatan jual beli hak atas tanah berdasarkan akta notaris di Tegal. 3). Untuk menganalisa solusi pelaksanaan perjanjian pengikatan jual beli hak atas tanah berdasarkan akta notaris di Tegal. Adapun data yang digunakan dalam penelitian ini adalah data primer, data sekunder dan data tersier yang dapat menunjang pengkajian, yang kemudian dianalisis dengan metode yuridis empiris.Berdasarkan hasil analisis data disimpulkan bahwa: 1) Kedudukan Pengikatan Jual Beli (PJB) tergantung bagaimana perjanjian Pengikatan Jual Beli (PJB) itu dibuat, maka apabila Pengikatan Jual Beli (PJB) yang dibuat dihadapan atau oleh Notaris maka akta perjanjian Pengikatan Jual Beli (PJB) yang dibuat tersebut akan menjadi sebuah akta yang notariil dan bisa bersifat otentik. Jadi, meskipun perjanjian pengikatan jual beli hak atas tanah yang terjadi di Tegal dibuat dibawah tangan, khususnya yang dibuat oleh pihak penjual dan pembeli adalah sama dengan kekuatan hukum yang dimiliki oleh akta perjanjian Pengikatan Jual Beli (PJB) yang dibuat secara dibawah tangan, dimana kekuatannya hanya didasarkan kepada Pasal 1338 Kitab Undang-undang Hukum Perdata. 2) Kelemahan dalam perjanjian pengikatan jual beli bisa diakibatkan hal-hal sebagai berikut : a. Tidak adanya itikad baik dari pihak penjual maupun pembeli. b. Penyalahgunaan akta dalam bentuk akta PPJB didasarkan atas perjanjian pemberian kuasa, karena Ketika notaris membuat akta PPJB didasarkan akta kuasa yang dibuat di hadapan notaris lain, akan membuat PPJB tanpa harus mengetahui apakah pemberi kuasa telah meninggal dunia. c. Bila dibandingkan dengan kekuatan pembuktian secara akta otentik maka jelas bahwa kekuatan hukum terhadap pembuktian yang dimiliki oleh sebuah akta otentik jauh lebih besar dibandingkan dengan kekuatan hukum pembuktian yang dimiliki oleh akta dibawah tangan.Kata Kunci: Notaris, Perjanjian Pengikatan Jual BeliABSTRACT The purpose of this research is to know and analyze: 1). the implementation of a land purchase and purchase agreement based on notarial deed in Tegal. 2). To find out what are the weaknesses of the implementation of the agreement on the sale and purchase of land rights based on notarial deeds in Tegal. 3). To analyze the solution of the implementation of land purchase and purchase agreement on land based on notarial deed in Tegal. The data used in this study are primary data, secondary data and tertiary data that can support the assessment, which then analyzed by empirical juridical method. Based on the result of data analysis, it is concluded that: 1) Position of Sale and Purchase Bonding (PJB) depends on how the Bid Sales and Purchase Agreement (PJB) is made, if the Sale and Purchase Agreement (PJB) made in front of or by Notary the Deed of Sale and Purchase Agreement (PJB ) made will become a notarized deed and can be authentic. Thus, even if the contract of sale and purchase of land rights that occurred in Tegal is made under the hands, especially those made by the seller and buyer is the same as the legal force owned by the Deed of Sale and Purchase Agreement (PJB) which is made under the control, is only based on Article 1338 of the Civil Code. 2) Weaknesses in binding sale and purchase agreements may result from the following: a. Absence of good faith from both sellers and buyers. b. Abuse of the deed in the form of the Deed of PPJB is based on the power of attorney agreement, because when the notary makes the PPJB deed based on the deed of power made in the presence of another notary, will make PPJB without having to know whether the authorizer has passed away. c. When compared to the authenticity of authentic deeds it is clear that the legal force against proofs possessed by an authentic deed is much greater than the legal power of evidence held by the deed under the hand. Keywords: Notary, Sale and Purchase Agreement

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