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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
Arjuna Subject : -
Articles 818 Documents
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Juridical Deed Review Of The Cooperation Agreement To Build Handover (Build Operate And Transfer) Bot Between Government And Private Sector Desi Wulan Anggraini; Bagus Langgeng Prasetiyo; Anis Mashdurohatun
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.v6i3.5106

Abstract

The purpose of this study was to: 1) To determine and analyze the Agreement in order to handover a build (Build Operate And Transfer) BOT between government with Private Sector. 2) To determine and analyze the Regulation No. 19 of 2016 there are no relevant provisions of the cooperation agreement made in the form of a notarial deed but in implementing cooperation agreements and there are other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) Deed in the agreement to transfer (Build Operate And Transfer / BOT) before the formation of Regulation No. 19 of 2016, has complied with the requirements valid agreement of Article 1320 of the Civil Code sehigga positions of the legislation. Notary deed in agreement wake up in order to transfer (Build Operate and Transfer) BOT after the entry into force of Regulation No. 19, 2016 a requirement valid agreement beyond the provisions of the Civil Code, and if it is not done then there will never been considered although qualify valid agreement of Article 1320 of the Civil Code. The legal consequences deed of cancellation of the parties shall make a certificate into a build to transfer (Build Operate Transfer / BOT) lose their authenticity, the cancellation of the agreement unilaterally because defaults are not eligible void Article 1266 of the Civil Code, can be regarded as an act against the law because it is not based on good faith and such cancellation shall be requested to the trial judge.Keywords: Judicial Review; Government Cooperation Agreement; Build Operate and Transfer And Deed.
Transfer Of Legal Protection Against Creditors Fiduciary Insurance Object Without Approval By The Creditors Lutfia Syalwa Rufaida; lathifah Hanim
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.v6i1.4253

Abstract

       Fiduciary transfer of ownership rights is an object that made the object of a guarantee on the basis of trust with the provisions fiduciary objects remain in the possession of the owner of the object. However, the implementation of Act No. 42 Of 1999 on Fiduciary for this still requires attention, especially for the protection of creditors. Aiming to analyze the legal protection acquired by the creditor against the acts committed by the debtor, namely the transfer of fiduciary security object without the consent of creditors as well as to determine the legal consequences arising method used in analyzing these issues is normative juridical research. The method is a normative legal research done by researching library materials or secondary materials. Through this method is expected to provide a comprehensive understanding of the relevant legal protection for creditors.       Based on the analysis showed fiduciary creditors as the recipient requires legal certainty to the object as collateral because it will hinder the process of execution when security object transferred by the debtor without the consent of the creditor. Article 23 paragraph (2) of the Act Fiduciary that the debtor may assign without the prior written consent of the Receiver fiduciary. So from these provisions can be considered that the debtor has committed an unlawful act that clearly there are provisions in article 36 of Law Fiduciary related penalties obtained by the debtor. Keywords: Legal Protection; Creditor; Fiduciary Transfer.
The Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Single Heirs Jawade Hafidz
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.v8i4.18631

Abstract

It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.
The Existence of a Complete Systematic Land Registration System (PTSL) Ade Riusma Ariyana; Devina Arifani
Jurnal Akta Vol 8, No 3 (2021): September 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.v8i3.18054

Abstract

This research aim to understand the complete land registration which has a function in giving legal force to land owners in the life of today's society. Such a situation is clear that it is very supportive of people's lives related to the use of land, including in terms of economic activities. The problem of disruption that is present in the current era of economic globalization requires innovation in various fields of people's lives that are able to make people's lives easier, including in terms of Complete Systematic Land Registration or PTSL. Law as a tool of social engineering, the substance of the law, besides being regulatory, must also be coercive. The coercive nature of the law embodied in a legal product (statutory regulations) will be effective if there are sanctions for non-compliance or violation of the provisions stipulated by law. The substance of Article 23 paragraph (1) of the BAL, emphasizes that property rights, as well as any transfer of building use rights and the imposition of other rights must be registered according to the provisions referred to in Article 19. This provision explicitly obliges property rights holders to register every transfer of rights ownership of land, whether it is the transfer of ownership rights due to buying and selling, grants and so on.However, the provisions of Article 23 paragraph (1) of the UUPA which are imperative in nature do not have coercive power, because there are no strict sanctions for those who do not register any transfer of rights as referred to in the article. The implementation of PTSL as an alternative in answering the problem of the effectiveness of land registration has not been able to materialize. The method in this writing is quantitative. Based on the existing studies, it can be understood that PTSL, which is a new alternative, has not been able to be implemented effectively.
Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners Sawin Dwi Hapsari
Jurnal Akta Vol 7, No 3 (2020): September 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.v7i3.11283

Abstract

Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.
Law Due To The Transfer of Land Deed With Hands Down As Evidence Eka Devi Febriyanti; Moh. Abd Basith; Widhi Handoko
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.v6i2.5062

Abstract

The purpose of this study were 1) To explain the legal consequences on the transition of land right under the deed of hand as evidence, 2) To explain the Deed Under Power of Hands For Evidence. This study, using normative juridical research and studied approach to legislation (the statute approach) which means that a problem will be seen from the legal aspect and to examine the legislation, then linked to the issues discussed, with material collected by conduct a literature study. Based on this research can be concluded 1)The legal consequences on the transition of land right under the deed of hand as evidence is not valid, because deed made and prepared by the parties to the contract in person, and not before a notary or other authorized officials.Deed under the hand strength can be absolute proof of the deed if legalized or notarized. Deed under hand notarized the deed generally made by the parties concerned on the agreement of both parties, while on his signature or thumbprint and executed before a notary. 2) Every deed under the hand required spiked with a letter dated statement from a notary or an officer appointed by the Act. Function deed under the hand that was authorized notary is certainty over the signature as that is party to sign it certainly was not anyone else.Keywords: As a result of the Law; Transfer of Rights to Land; Hands Down Deed; Evidence.
Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law Arif Bahtiar Jefry; Lathifah Hanim
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.v6i3.5084

Abstract

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.
Relevance of the Value of Legal Certainty in the Appointment of Islamic Law Graduates as Notaries Lingga, Firdo; Syah, Danial; Harahap, Herlina Hanum
JURNAL AKTA Vol 8, No 3 (2021): September 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.v8i3.18056

Abstract

Sumiritas in the explanation of Article of Act No. 2 of 2014 on the Notary Department has resulted in uncertainty about the position of the Master of Islamic Law/Syariah as a Notary. This paper aims to analyze and dissect the issue of the appointment of graduates of Islamic law scholars as notaries. The research method in this writing is normative juridical. Sumiritas Article 3 of Act No. 2 of 2014 on the Notary Position has resulted in uncertainty for the status of a Master of Syariah Law as a Notary. This clearly results in uselessness for the Bachelor of Syariah Law in terms of the application of expertise and knowledge of Syariah law.
Transactions Of Agricultural Land Revenue By Act No. 2 Of 1960 On Sharing Agreement In District Anjatan Of Indramayu Mentari Dessy Wijayanti; 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.v6i3.5095

Abstract

The purpose of this study was to know and understand execution of transactions for the results of agricultural land pursuant to Act No. 2 of 1960 on Revenue Sharing Agreement in the district Anjatan of Indramayu and to know, understand, and analyze constraints and solutions in transactions for the results of agricultural land pursuant to Act No. 2 of 1960 on Revenue Sharing Agreement in the district Anjatan of Indramayu.Based on the analysis concluded that the implementation of the agreement for the results of agricultural land in the district Anjatan of Indramayu  has not entirely based on the provisions of Act No. 2 of 1960 on revenue-sharing agreements, since in fact the local community in terms of the implementation of revenue-sharing agreements mainly staple crops still based on the provisions of customary law and local practice, it can be seen from the shape of the agreement, the term of the agreement and the division of land results in the implementation of agricultural land revenue sharing agreements. Factors that hinder the implementation of revenue-sharing agreements on agricultural land in the district Anjatan of Indramayu  according to Act No. 2 of 1960 on revenue sharing agreements often expressed by farmers when the implementation of revenue-sharing agreements follow the rules of the Act is the problem of a complicated process and timeframes long for the manufacture of revenue-sharing agreements.Keywords: Transaction; Agreement; Sharing.
Roles and Responsibilities Land Deed Official (PPAT) Of Tax Duty in the Implementation of Acquisition of Land and Buildings (BPHTB) Underpayment by the Taxpayers in Semarang Ahmad Khalimaya Nugroho; Insan Al Ha Za Zuna Darma Illahi; 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.v6i4.7580

Abstract

The purpose of this research are: 1) To identify and analyze the role of responsibility in the Land Deed Official BPHTB implementation of extant underpayment by the taxpayer in the city of Semarang. 2) To know and understand the procedures for implementing the tax collection of BPHTB the underpayment by the taxpayer in the city of Semarang. 3) To analyze the barriers and solutions in tax collection is less paid by the taxpayer in the city of Semarang.The methods of this research approach is empirical jurisdiction. Primary data was taken by the method of structured interviews, secondary data, and the data tertiary literature study and analysis by descriptive analytical method.Based on the results of data analysis concluded that: 1) The role and responsibilities of PPAT can vary in terms of solving problems regarding the lack of pay taxes BPHTB, first there are some of PPAT to omit some chapters in a deed of them, and some are not stated with a settlement notice or in the form of an appeal as officials land deed to the client or taxpayers.2) procession conducted by the tax authorities namely Apparatus State Civil circulate bills of underpayment of tax is intended to taxpayers who are still their underpayment of tax by nature force because the circulars issued by phisicus accordance with rule and regulations in force in accordance with Regulation Semarang City No. 2 of 2011 Chapter VII Article 15 paragraph 1 and 2. 3) Barriers often happens is that first were often there is an error in the calculation of the nominal value of the deposit amount of tax to be paid by the taxpayer to the local government, the second presence at the crux on the amount of tax rates provided to the taxpayer by the SPPTPBB both rural and urban, as well as the steps being taken are in accordance with agreed procedures, but it is still the amount of load that must be paid by the taxpayer. The solution to these problems that is better than the Land Deed Official should conduct socialization to the client then later if there is any underpayment of tax.Keywords: Empirical Juridical Review; Pay less Tax; Customs Tax Collection Procession Acquisition of Land

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