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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 Notary In The Implementation Of Credit Agreement And The Default Settlement With Mortgage Right Warranty (A Study At Bank In Pekalongan) Mochammad Lukman; Atik Noer Chalimah; Gunarto Gunarto
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.v5i2.3128

Abstract

Notary is required in a credit agreement which is performed by the bank and its debtor. Problems studied in this research was about the role of Notary in the implementation of Credit Agreement, the factors causing the occurrence of defaults with the guarantee of Mortgage Rights and efforts to settle default disputes with Mortgage Right loan agreement. The method used in this research was with the sociological juridical approach, it was sourced from collecting data obtained from the primary and secondary data, then the data were analyzed by qualitative analysis method. The result of the research are the role of a Notary in the implementation of Credit Agreement is to make the credit agreement requested by the creditor, responsible for the credit document made, and the Notary in charge and responsible to provide guidance and advice to the bank related to the credit documents. Regarding factors causing default with guarantee of Mortgage Rights and settlement of loan defaults is caused by several factors such as internal factor of bank, customer factor and external factor of bank and debtor. The settlement of default is done in 2 options, that is in litigation and non-litigation settlement.Keywords: Credit Agreement; Default; Guarantee; Mortgage Rights.
PERMOHONAN HAK MILIK YANG BERASAL DARI TANAH NEGARA DI KANTOR PERTANAHAN KOTA SEMARANG Ilham Ilham; Djauhari Djauhari
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.v4i3.1808

Abstract

The basic foundation for the government and the people of Indonesia to formulate the politics of law and the policy of land affairs has been contained in the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) which "earth, water and natural resources contained therein are controlled by the state and Used for the greatest prosperity of the people ". The problems in this research are: 1) Why is the request of Hak Milik coming from state land need a very long time? 2) What is the procedure or procedure of certifying Land Ownership from the State in Land Office of Semarang City? 3) What are the obstacles that arise in the process of granting Land title certificate that has been given by the state in the Land Office of Semarang City and how is the solution of the barriers?The approach method used in this research is sosiologis juridical approach method using qualitative descriptive data analysis method.The results of the research show as follows: 1) The application of the right to property derived from state land takes a very long time, In the petition contains information about the applicant, the description of his land which includes juridical data and physical data and other information in the form of information about the number of fields, And the status of the land owned by the applicant including the requested plot of land and any other information deemed necessary. 2) Procedures or procedures for granting land title certificate originating from the state in the Land Office of Semarang City, Rights Application, Applicant of land title certificate shall be divided into 4 categories: Right Receiver, Heirs, Land Owners, Owner of Land Rights Certificate Lost or damaged, Measurement and Registration of Rights, After the completion of the application file is filed and submitted to the Land Office, the subsequent process in the land office shall be the measurement, mapping and registration of its right, issuance of the Certificate, that the Land Rights Application is a process, The entry of the petition to the competent authority until the birth of the requested land. Before the land rights application enters the authorized institution, there is a process of preparation.Keywords: Right of Ownership, State Land, Land Office of Semarang City
The Legal Effects Of Deed Creation Of Probate Inheritance That Does Not Match With The Principle Of Absolute Section (A Case Study of Decision No. 539 / Pdt.G / 2012 / PN.Jkt.Bar Jo. Decision No. 477 / Pdt.G / 2014 / PT.DKI) Pangeran Roeslan Amiril Moekminin; Abdul Haris
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.v6i3.5685

Abstract

This study aims to identify and analyze: 1) The legal consequences Deeds Wills made by or before a Notary, if contrary to the principle of absolute section; 2) How inheritance dispute settlement in accordance with the Civil Code; 3) Law of Evidence applied by judges in the dispute settlement deed Testament heritage as opposed to the absolute part Heirs according to the Civil Code in the Register of Case No. 539 / Pdt.G / 2012 / PN.Jkt.Bar Jo. Decision No. 477 / Pdt.G / 2014 / PT.DKI.Based on the results of this research is that: 1) the Deed of wills that exceeds Legitime portie the Heirs of Ab intestato not immediately lead to the deed will be null and void or not legally binding, but still valid, as long as not canceled by the court decision; 2) Settlement of disputes of inheritance for the citizen who are not followers of Islam based on the provisions of inheritance as specified by the Civil Code; 3) At the Appellate Judges stated that the Deed of Wills number 15 made by Tjeng To Ho in front of Notary Mrs. Nani Susanti, SH is a legitimate and valuable, but for the sake of protecting the inheritance Heirs The Ab intestato, so the Judge court based on article 914 paragraph 3 stated that the heirs Ab intestato which include 7 persons each other have the part ¾ section, while the heirs Ad testamento got ¼ part left.Keywords: Miraculous Deeds; Legitime Portie; Legal Effects.
Juridical Review On Notarical Testament In The Perspectives Of Islamic Inheritance Law Galih Mahendratama Putra; Adad Adad; Gunarto Gunarto
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.v5i2.3220

Abstract

Most of Indonesian is aware of law in aspects of life, including inheritance distribution. Every parent with children does not want to let his heirs disagreed or conflicted in terms of inheritance after he passed away. Thus a testament is made to fairly distribute inheritance. Among reasons to compile testament deed are testator intentions to make his property useful for better purposes, i.e. to get closer to Allah SWT The Most Merciful. He also expects himself to perceive true faith and devotion to God, as well as to open fortune door to all recipients. However there may occur obstacle in distributing inheritance. Since civil law regarding testament is different from Islamic faraid law in some aspect.Keywords: Testament; Notary; Inheritance.
Notary Role in Making Using Standard Contract Technology Information in The Framework of Legal Protection of Small and Medium Enterprises (SMEs) Moch. Asep Rusmana; Bambang Rudi Hartoko; Gunarto Gunarto
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.v5i4.3726

Abstract

The purpose of this research is; (1) to analyze the role of the notary in contract manufacturing standards using technology information in a business transaction that is carried out by SMEs, and (2) to analyze the obstacles and solutions contract manufacturing standards using technology information in providing legal protection to SMEs. Researchers use various types of data in the study, such as; (1) primary data, (2) secondary data, and (3) the data tertiary. The three types of data must be mutually supportive and have conformity with one another so that the results of this study can be justified scientifically.The conclusion of this study, namely; (1) business contracts are usually carried out by SMEs in general do not engage the services of a notary. Form of the contract was generally not made in the format of a standard contract. In general, SMEs also do not use technology information in their business transactions. Only a small portion of SMEs that have used the services of a notary and technology information in conducting business transactions, (2) while the main obstacles SMEs have not been optimally use the services of a notary in the transaction business was due to cost factors (notary) who felt still quite burdensome, attributed to the relatively small volume of the SMEs business.Keywords; Notary; Standard Contracts; Technology Information; Legal Protection and SMEs.
PENDAFTARAN AKTA JUAL BELI YANG MELEBIHI JANGKA WAKTU PENDAFTARAN TANAH DI KANTOR AGRARIA DAN TATA RUANG/BADAN PERTANAHAN NASIONAL KOTA SEMARANG Kusmaryanto Kusmaryanto; Gunarto Gunarto
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.v4i3.1824

Abstract

Implementation Land registration in society is now the task of the State. Land registration is carried out by the government for the benefit of the people, as an effort to provide legal certainty in the field of land. The Land Registration is carried out by the Land Office, and in carrying out the tasks the Land Office is assisted by The Land Deed Official, to carry out the activities set forth in PP 24/1997.The formulation of the problem in this research are: 1) How is the regulation of the registration of the Deed of Sale and Purchase exceeding the period of registration of land for the realization of legal certainty ?; 2) What are the obstacles faced by the Land Deed Officer in relation to the deed of sale and purchase that exceeds the period of land registration, which is shown for the realization of legal certainty and how is the solution to the settlement?This research method using research approach that is juridical normative. The specifications of this study were descriptively analyzed. Methods of data collection in this study, can be obtained by library research.The result of the research says that 1. The legal arrangement of registration of Deed of Sale and Purchase exceeding the time period specified for the realization of legal certainty is where if the registration of sale and purchase certificate exceeds 7 days then it is requested more clearly to the local Land Office. 2. The obstacles faced by the Land Deed Authority in relation to the deed of sale and purchase that exceeds the period of land registration such as the lack of public awareness, the bad image of the National Land Agency and the rights base is different from the field data. To overcome these obstacles then the National Land Agency made a program such as doing counseling to the public and through the PRONA program.The conclusion of the research results suggests that the legal arrangement of registration of Sale and Purchase Deed beyond the time period specified for the realization of legal certainty is where if the registration of the deed of sale and purchase exceeds 7 days then applied more clearly to the local Land Office. Although the submission of the deed of sale and purchase of land to the Land Office as practiced by most of the Land Deed Officials is not in accordance with the applicable laws but does not result in the cancellation of the land and there is no legal provision stating that With the delay of submission of the deed of sale and purchase of the land makes the relevant deed null and void. Keywords: Deed of Sale and Purchase, Land Registration
Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position Najmi Amudy; Sujatmika Sujatmika; Achmad Sulchan
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.v6i4.7900

Abstract

The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.
Legal Review Of Malpractice Notary In The Notary’s Deed Enriko Silalahi; Akhmad Khisni
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.v5i3.3237

Abstract

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability
Analysis of Legal Authority of Notary Make Deed Contract in Islamic Banking Muhammad Haidar Fitri; Achmad 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.v5i4.4132

Abstract

Act No. 30 of 2004 concerning Notary (UUJN) as amended by Act No. 2 of 2014 and Act No. 21 of 2008 of Islamic Banking (UUPS) has give authority to make attributive to the notary deed in Islamic banking contract. Notary in question is the one who meets the criteria of Article 3 UUJN and has been appointed by the Minister of Justice and Human Rights as a notary. Deed of Islamic banking contract has the power as valid evidence, when manufacture has to comply with the following requirements; as a mechanism of certificates in accordance with the matters set out in UUJN and UUPS, while in the content or deed bodies are in accordance with Law Compilation of Islamic Economics (KHES).Keywords: Legal Authority; Notary; Deed Contract; Islamic Banking.
Implementasi Penundaan Pembayaran Cukai Dengan Jaminan Excise Bond Achmad Sulchan
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.v4i4.2503

Abstract

ABSTRAKPajak merupakan kontribusi besar dalam pembiayaan negara berhubungan dengan pelaksanaan pembangunan nasional, karena berfungsi sebagai alat untuk melaksanakan kebijakan pemerintah dalam bidang ekonomi. Dalam pelaksanaannya jenis pajak negara dapat membantu pemasukan negara diantaranya adalah cukai. Karena cukai merupakan pajak negara dan penggunaannya dibebankan kepada pemakai dan atau pembeli yang bersifat selektif, mengingat pengenaannya berdasarkan sifat dan karakteristik obyek cukai.Menyimak Pasal 29 ayat (1) Undang Undang Nomor: 11 Tahun 1995 tentang Cukai, sebagaimana telah diubah dengan Undang Undang Nomor: 39 Tahun 2007, disebutkan “Barang Kena Cukai yang pelunasan cukainya dengan pelekatan pita cukai atau pembubuhan tanda pelunasan cukai lainnya hanya boleh ditawarkan, diserahkan, dijual atau disediakan untuk dijual setelah dikemas untuk penjualan eceran. Bea dan Cukai sebagai instansi berperan dalam mengelola dan mengontrol faktor-faktor industri dan perdagangan diharapkan dapat menerapkan aturan yang telah ditetapkan sesuai peraturan yang berlaku.Peredaran barang-barang yang dikenai cukai perlu diawasi dan dibatasi serta diberi fasilitas oleh pemerintah. Fasilitas yang dapat dilakukan pemerintah dalam bidang cukai adalah penundaan pembayaran cukai yang dilakukan oleh importir dan pengusaha pabrik dengan menyerahkan jaminan, dalam bentuk jaminan tunai, jaminan bank (Bank garantie), atau jaminan dari perusahaan asuransi yang ditunjuk pemerintah dengan menerbitkan Excise Bond (penjaminan/jaminan penundaan pembayaran pita cukai), agar dapat memperlancar dan mengembangkan usahanya. Dalam hal ini asuransi yang dapat mengeluarkan Excise Bond adalah asuransi yang ditunjuk pemerintah.Pemerintah melalui Kementerian Keuangan Republik Indonesia Direktorat Jenderal Bea dan Cukai Kantor Wilayah Jawa Tengah dan D.I.Yogyakarta Kantor Pengawasan dan Pelayanan Bea dan Cukai Tipe Madya Pabean Tanjung Emas Kota Semarang telah memberi fasilitas terhadap Pabrik Rokok  untuk melakukan penundaan pembayaran pita cukai melalui Asuransi dan atau melalui Bank. Dengan adanya fasilitas tersebut dapat menambah pemasukan negara dari sektor pajak, yaitu pengusaha pabrik rokok dapat menunda pembayaran pita cukai rokok yang diambil dari bea dan cukai selama 2 (dua) bulan dengan jaminan Excise Bond dan atau Jaminan Bank (Bank garantie) tersebut.Kata Kunci : Penundaan, Cukai, Jaminan.ABSTRACTTaxes are a major contribution in state financing in relation to the implementation of national development, as it serves as a tool for implementing government policies in the economic field. In the implementation of this type of state tax can help the state income such as excise. Since excise is a state tax and its use is imposed on selective users and or buyers, given its imposition by the nature and characteristics of excise objects.Listening to Article 29 Paragraph (1) of Law Number 11 Year 1995 concerning Excise, as amended by Law Number 39 Year 2007, stipulates that "Excisable Goods with customs duty attachment or other customs marking mark shall only be offered , delivered, sold or made available for sale after being packaged for retail sale. Customs and Excise as an institution plays a role in managing and controlling industrial and trade factors are expected to apply the rules that have been established in accordance with applicable regulations.The circulation of goods subject to excise should be monitored and restricted and provided with facilities by the government. The facilities that can be done by the government in the field of excise are delays of excise duties by importers and manufacturers by submitting guarantees, in the form of cash collateral, bank guarantees (bank garantie), or guarantees from government-appointed insurance companies by issuing Excise Bond (underwriting / guarantee of delayed payment of excise band), in order to expedite and expand its business. In this case the insurance that can issue Excise Bond is a government-appointed insurance.Government through the Ministry of Finance of the Republic of Indonesia Directorate General of Customs and Excise Regional Office of Central Java and DIYogyakarta Customs and Excise Supervisory and Service Office of Tanjung Madya Customs Sub-Office of Semarang City has provided facilities to Cigarette Factory to delay payment of excise tape through Insurance and or through Bank . With this facility can increase state revenue from the tax sector, the cigarette manufacturer can postpone the payment of cigarette excise duty tapes taken from the customs and excise for 2 (two) months with the guarantee of Excise Bond and / or Bank Guarantee (Bank garantie).Keywords: Delays, Excise, Warranties.

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