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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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TINJAUAN YURIDIS PERMASALAHAN DAN AKIBAT HUKUMNYA ATAS KEPUTUSAN MAJELIS PENGAWAS NOTARIS SEBAGAI OBJEK GUGATAN DI PENGADILAN TATA USAHA NEGARA Andri Swasono; Gunarto Gun
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.v4i1.1751

Abstract

Research with a title “Juridical Review The Problems And The Legal Consequences Of The Decision Of Notary Supervisory Board As The Object Of Lawsuit In Administrative Court” examine the issues arising from the decision issued by the notary supervisory board whether it is a state administrative decision.The decision of the notary supervisory board is an administrative decision which can be used as the object of lawsuit in state administrative court as referred to in the terms of the state administrative decision, namely a written stipulation issued by the agency / officials of state administration which contains administrative legal action based on laws and regulations, which is a concrete, individual, and final, and have a legal effect on a person or civil legal entity.To be able to become the object of a lawsuit after first ensured it is not a state administrative decision which is exempted as meant in Article 2 and Article 49, and shall be ensured that all administrative efforts have been taken.Keywords: notary supervisory board, state administrative decision, object of lawsuit.
Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase Ari Setyo Aji; Umar Ma’ruf
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.v6i2.5083

Abstract

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.
Land Office Role In Public Awareness Efforts To Increase The Systematic Complete Land Registration In The Demak District Nur Chamid; Gunarto Gunarto; Moh Priyo Manfaat
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.v6i3.5030

Abstract

Implementation of the Land Registry Systematic DETAILED under the provisions of the Regulation of the Minister of State ATR / BPNRI No. 6 in 2018 include: Determining Location Activity PTSL, Formation and Establishment Committee of Adjudication PTSL, Guidance, Data Collection, Inspection Land, Announcement Data, Issuance of Certificate of Land and delivering Land Certificate. Obstacles and Solutions Land Office Demak, Regarding the Land Registry Systematic Complete is a rebuttal or objection from the other Party on the process of land registration through PTSL carried out by the Applicant, Applicant difficult in completing the requirements, and lack of understanding Society of Land Certificate, Advice in Research These are: (1) Government Land Office Demak together in order to further improve the service to the community, particularly in the field of Land; and (2) Land Board Demak district in order to increase Legal Education or socialization of the Land.Keywords: Land Office; Systematic Complete Land Registration.
Implementation Of Registration Of Transfer Of Rights Reserved Land For Endowments By Permen Atr Bpn No. 2 Of 2017 In Pati Regency Rubin Pratama; 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.v6i3.5101

Abstract

The purpose of this study was to identify and analyze: 1) Implementation of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 2) As a result of the Law of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 3) Barriers and Solutions in the Process of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive qualitative analilis.Results of the research results can be concluded: 1) The registration of transfer of property rights to land as endowments by Permen ATR BPN No. 2 of 2017 in Pati regency categorized into two, namely for Waqf land registration activities that have not been certified (customary land) and the endowment of land that has been certified. For land that has not berserifikat documents furnished as the Deed of Pledge Waqf, copy of ID / KK, Ffoto copy of ID card / ID holder, a certificate of history of the land, a statement of physical mastery, the power of attorney request, a copy of property tax, proof of the right base / proof of ownership, a letter of disputes and probate Nadzir. As for the registration of land that has been certified requirements document completeness namely Deed Pledge endowment, land title certificates, copy of ID / KK Applicant, copy of ID / KK owner rights, petition, revelation of the grace period endowments, probate Nadzir, a statement of the land is not dispute, a statement of the land / building physically controlled, and evidence of CNS / PPH. 2) The legal consequences transitional registration of land titles for endowments, namely the status of Waqf land rights be have legal certainty. Waqf land registration set forth in Regulation ATR BPN Number 2 of 2017 concerning Procedures in the Ministry of Waqf Land Registration BPN ATR is a target to hold a legal simplicity. 3) Barriers still the majority community in Pati regency are still reluctant to take care certificate donated land, because of the assumption that the Waqf land certification process requires very expensive, the government's solution is to conduct information dissemination and outreach to the community.Keywords: Endowments; Land Registry; BPN
Authority to Cancel The Judge Agreement as Evidence of Cancellation of Grants Authentic Act and Sale Agreement Umar Al Faruq; 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.v5i3.3180

Abstract

This study aimed to analyze the authority of the judge, analyze the civil law, and to determine the factors that are considered by the judge in dismissing the notarial agreement as authentic evidence regarding the cancellation of the grant agreement and the agreement of sale. Authentic agreement is a legal cover, which had a value of legal certainty and the strength of evidence that is perfect for the parties to make. The existence of an authentic agreement due to provisions. legislation that would require such evidence to certain legal acts of the parties calls for certain legal actions embodied in the form of an authentic agreement. As for the issues that arises is how power law Notary agreement as evidence and what criteria which determine the handicap of a notarial agreement so that it can be canceled by the court. This research is research Empirical research juridical or legal research library (library research). Data were analyzed using qualitative research, is sorting and preparation of data classification, editing data and coding data for building performance analysis data, conduct data analysis in accordance with the construction of the discussion of the research results.Keywords: Judge Authority; A Notary; The Authentic Act Of Cancellation; The Grant Agreement; Sale Agreement.
Improved Mechanisms Commanditaire Vennootschap (CV) Become A Legal Entity Limited Liability Company (PT) Yayah Wariah; Rudiana Eka Pramana Putra; 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.v5i4.3714

Abstract

Principal difference between a limited partnership or known as CV (Commanditaire Vennootschap) with limited liability company (PT) contained in the legal status, because the CV is a partnership that is not incorporated and responsibilities of the board ally itself to a private property. While the Limited Liability Company (PT) is a legal entity liability company and limited responsibilities.The purpose of this study is to investigate and find out the mechanism of change Guild (CV) Become a Legal Entity Limited Liability Company (PT). To investigate and determine Responsibilities of complementary Allies Against Limited Liability Company (PT) established. The method used is normative, descriptive analysis, data collection is done by using primary data and secondary data in the form of primary legal materials, secondary and tertiary as the main data. After the secondary and primary data collected, then conducted a qualitative analysis. Based on the analysis concluded that the mechanism of the change in form of a CV to PT generally refers to the provisions regulating the CV and the provisions governing PT. Responsibility in complementary ally if the legal actions referred to in Article 12 and Article 13 of the Company Law, then the shift right and duty of the complementary allies into the company and legal actions undertaken by the complementary binding partner company.Keywords: Business Entity; Limited Partnership; Limited Liability Company
KEWAJIBAN NOTARIS DALAM MENJALANKAN PRINSIP TATA KELOLA KANTOR NOTARIS YANG BAIK DAN PROFESIONAL(GOOD CORPORATE PUBLIC NOTARY) MENURUT UU NOMOR 30 TAHUN 2004 JUNCTO UU NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS Adi Prasetiyo; 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.v4i3.1819

Abstract

Notary in performing his duties acting as public servant in the affairs of making the deed of agreement which is the will of the parties who want to make it. In order to improve notary services as much as possible one of them is with the notary's office itself. Notary obligation in implementing good corporate public notary principles must be consistent with Law Number 30 Year 2004 juncto Law Number 2 Year 2014 regarding Notary Position and referring to the Notary Code of Ethics, as well as from inventory office, employees, documentation and services to clients. The constraints often faced in carrying out the principles of office governance is arising from the notary itself and from employees, where the notary is involved in a criminal case that causes punishment and employees who act dishonestly in carrying out their work, thus causing harm to office management itself and become disorganized in its management.Keywords: notary, office
Legal Analysis of the Form Deed of Sale and Purchase Agreements and the Disposal of Land Rights as the Basic Right to Apply Broking Which Has Expired Axel Budi Putra; Maryanto Maryanto
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.v6i4.7624

Abstract

The purpose of this study was to analyze: 1) The validity of Deed of Sale and Purchase Agreements form and Release of Land Rights as the foundation for the right over Broking which the period has expired. 2) Barriers and Solutions for the right over Broking which the period has expired. This study is Social Legal research, this study will be presented on the implementation of the deed of waiver to apply transitions and changes in land rights that have expired. Are analytical, because of data obtained was conducted qualitative data analysis.The research results are: 1) the Deed of waiver in this case not only as an authentic act which has been agreed by both parties, but also the legal consequences which are land-status building rights on which the period expires is released into state land and requested back with the new rights by the applicant. Applicant was granted a priority by the state to reapply new rights to the land that is the property that has a definite legal certainty. 2) Constraints that occur is the deed of relinquishment of rights is used as a pedestal right to request building rights that have expired can not start if the deed of release was made prior to the issuance of the Certificate of Registration of Land (SKPT) of the local Land Office,Keywords: Deed; Deed of Release; Broking.
Notaris Law Protection Under The Civil Law In Law Number 2 Year 2014 Concerning Amendment To Law Number 30 Year 2004 Regarding Notary Position Farah Farah; Dewi Sukmaningsih; 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.v5i2.3232

Abstract

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN
Notary Role in The Implementation of The Registration of Legal Services Through Integrated Electronic Based on PP No 24 of 2018 Mega Chandra Sera; Tito Dwi Anggoro; Munsharif Abdul Chalim
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.v5i4.3893

Abstract

Notary as the competent authority in the incorporation through Single Submission Online system is a system that integrates all licensing services sought under the authority of the Minister / Chairman of agency governors, regents / mayors made through electronics. The purpose of this study was to determine the role of notaries in the registration of legal entities through a single online submission as well as the challenges and solutions faced in the electronic registration of legal entities. The method used in the study of the approach in this paper is normative, the specification of this research is descriptive. Source data using secondary data. Data collection techniques using literature study or studies document. Data were analyzed using qualitative descriptive approach. The result of the conclusion of the first and second. The role of the Notary in Online registration single submission is in this case is a deed, the ratification of legal entities and registration of business entities through AHU / SABU and obstacles role of notaries in the registration of Online Single Submission in PP No. 24 in 2018 does not regulate the role of a notary for registration of legal entities the solution of these obstacles as a notary public officials are required to understand the process of incorporation through a single online submission in the form of service is not authorizedKeywords: Notary; Single Online Submission; A Legal Entity.

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