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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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Juridical Study of Application for Rights with Grant Proof Seal for Minors Under Goverment Regulation (PP) No. 24 of 1997 on Land Registration Suyahmin Suyahmin; Euis Listianti; 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.v5i4.3728

Abstract

Grants should be made in written form of the Public Notary. Grants will not be made by a Notary who do not have the force of law, they are subject to the customary law may be made under the hand, but the process must be made with the Land Office PPAT deed. In the implementation of the grant, the subject must be an adult (legally competent) so that it can perform its own legal actions because he has the right and obligation in full. The purpose of this study was to analyze the Strength of the Land Law with Proof Seal for Minors under PP 24 of 1997 as well as obstacles and solutions. The research method used juridical empirical approach, with qualitative descriptive data analysis techniques. The results of the research community who received land rights that have been acquired through a grant should make efforts to transition of property rights over land rights in accordance with the procedures and requirements are clear, whose goal in order to have certainty and legal protection for land-rights holders. But in this case the donee legal subjects are people who are still legally minors who have not been capable of doing a legal act.Keywords: Land Registry; Land Grant; Minors.
The Role and Protection of Laws to Notary Related To the Dispute That Made Between the Parties Monicha Rossalia Adigita; Umar Ma’ruf; Aryani Witasari
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.v6i4.7631

Abstract

The purpose of this study to determine and analyze: 1) Factors leading to disputes between the parties relating to the deed of Notary. 2) Role of relevant Notary Deed had made in the event of a dispute between the parties. 3) The legal protection against related Notary Deed which is made in the event of a dispute between the parties. Legally sociological research approach. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary law and tertiary legal materials by means of literature. Data were then analyzed qualitatively.Based on the results of data analysis can be concluded that: 1) Factors leading to disputes between the parties relating to Deed, there are two reasons, namely: breach of contract committed by one of the parties which resulted in the loss and not the acquisition of rights of one party and if the deed made by Notary goes wrong in terms of formal and material aspects of birth. 2) The role of the Notary in the event of any dispute if the dispute caused by the parties themselves then the Notary will not be involved and would only be called as a witness in the trial, but if notaries who made a mistake in making the deed of the Notary may be sued by the parties which would result be under the hand and null and void. The parties will also get compensation if the parties feel aggrieved by deed made by Notary. 3) Protection of the Notary Law contained in Article 66 of Law No. 2 2014 On Notary, wherein if the investigators, prosecutors and judges will perform a calling and examination of the Notary, must go through the approval of the Honorary Council of Notaries.Keywords: Role and Legal Protection; Notarial Deed; Dispute
Accelerate Project Activities Of Systematic Land Complete Registration (PTSL) In Tigajuru Village, Mayong Subdistrict, Jepara District Jawad Fadli; Umar Ma’ruf
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.v5i4.4134

Abstract

This study aims to Investigate the implementation of PTSL activities in Tigajuru Village, Mayong Subdistrict, Jepara District and find out the barriers and solutions in the implementation of PTSL activities in Tigajuru Village, Mayong Subdistrict, Jepara District.The method used in this research is the Socio-Juridical. Data collection techniques using the data of primary and secondary data. Data were analyzed using qualitative analysis in order to obtain clarity on the issues discussed and subsequently prepared as a thesis of a scientific nature.Results of analysis showed that the stages of implementation of land registration systematically full of determining the location, the establishment of adjudication committee, counseling, the establishment of a task force of data collectors Juridical data collection Juridical, the data processing Juridical and evidentiary rights, edaphology and measurement, announcement, publishing certificate, and the final stage of delivery of certificates. Implementation of Land Registration of Property Rights Systematically full compliance with the Regulation of the Minister of ATR / BPN No. 1 of 2017 in Jepara, it is stipulated in the Regulation of the Minister of ATR / BPN No. 1 Of 2017 on the Acceleration of the Implementation of Systematic Land Complete Registration.Keywords: Accelerate Project; PTSL; Notary.
The Implementation of Legal Responsibilities Of Notary on Authentic Deed Which His Made Based On Act No. 2 of 2014 On the Amendment of Act No. 30 of 2004 On Notary in Kendari Zahren Zukri Alyafie; Andi Kusuma Mapareppa; Amin Purnawan
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.v7i2.8104

Abstract

This study aims 1) To determine the implementation of the Civil Liability of the Deed Notary in Authentic are made according to Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 On Notary in Kendari; 2) To determine the barriers and solutions in the Implementation Responsibility Against Notary Authentic Deed had made in Kendari.This study uses empirical juridical approach, the specification of this research is descriptive. The type of data in this study include primary data and secondary data. Data obtainedthe method of interview and literature. Data analysis technique is qualitative.Based on this study concluded that: 1)Implementation of the Notary in Civil Responsibility of the Authentic Deed Which His Made, notary only responsible for the formal correctness of an Authentic Deed and not to the authentic deed material. The legal basis used in civil liability against the deed made by Notary Public Notary is if make mistakes because of broken promises as determined under the provisions of Article 1234 of the Civil Code and against the law as stipulated in the provisions of Article 1365 of the Civil Code. 2) Obstacles and Solutions in Implementation of Notary Responsibility of the Authentic Deed Which His Made, namely: a) Obstacles in the Implementation Responsibility The Notary of the Authentic Deed he made, when one of the parties then feel there are disadvantaged in this regard is the responsibility of the parties is not the responsibility of the notary. Precisely deed made by the notary is evidence that can be used by the parties. b) Solutions in the Implementation of Notary Responsibility of the Authentic Deed Which His Made If proved, no offense will be undertaken by the notary and harm either party in because a deed in him. The civil claims against the notary concerned civilly liable if proven.Keywords: Legal Responsibilities; Notary Public; Authentic Deed.
Notary Role in the Implementation of The Cooperation Agreement Between Housing Developers and Land Owner Rahmatika Nur Hidayah; Akhmad Gunarto
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.v6i2.5031

Abstract

Housing development cooperation between housing developers and owners of land to do to overcome the limitations of the amount of land and pressing capital needs. Generally in this cooperation landowners who provide land, while housing developers set aside, build housing and market it. But such cooperation is prone to risks for both sides, which could lead to disputes or disputes. Notary public officials in law is expected to help prevent the occurrence of the dispute or the dispute. Therefore, the authors are interested in conducting research on the issue, with the aim to determine the role of the Notary in the implementation of the cooperation agreement between the developer residential housing development and land owners. The study was conducted through library research using descriptive method by collecting data, collate, analyze and interpret. In conclusion, as follows: First, the legality of which is clean and clear (CnC) is a very important factor in running the housing business. Second, the need for good faith from housing developers and landowners in implementing the cooperation agreement. Third, the Notary's role is very important in helping to prevent the risk of dispute or disputes by providing legal counseling and make a deed of agreement to provide legal certainty for housing developers and landowners.Keywords: Notary Role; Cooperation Agreement; Developer and Land Owner.
Keterlibatan Pejabat Notaris Terhadap Perbuatan Melawan Hukum Dan Turut Serta Melakukan Tindak Kejahatan Dalam Pemalsuan Dokumen Abdul Jalal; Suwitno Suwitno; Sri Endah Wahyuningsih
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.v5i1.2551

Abstract

ABSTRAKTujuan penelitian ini adalah untuk menganalisis keterlibatan pejabat notaris terhadap perbuatan melawan hukum dan turut serta melakukan tindak kejahatan dalam pemalsuan dokumen dan menganalisis pertanggungjawaban atas keterlibatan pejabat notaris terhadap perbuatan melawan hukum dan turut serta melakukan tindak kejahatan dalam pemalsuan dokumenPenelitian ini adalah dengan pendekatan yuridis-normatif yang bersumber dari pengumpulan data yang diperoleh dari data primer dan data sekunder, kemudian dianalisis dengan metode analisis kualitatif. Teknik pengumpulan data yang digunakan adalah studi kepustakaan (undang-undang, pendapat para ahli dan literatur-literatur buku mengenai penelitian ini). Teknik analisis data menggunakan analisis data kualitatif.Hasil temuan peneliti menunjukkan bahwa akibat hukum bagi notaris yang melakukan pemalsuan dokumen yaitu pihak penghadap/korban mengalami derita kerugian atas terbuatnya suatu akta yang mengandung keterangan palsu oleh notaris. Akta palsu yang telah dibuat dapat dibatalkan. Pembatalan akta adalah menjadi kewenangan hakim perdata, yakni dengan mengajukan gugatan secara perdata kepengadilan serta menurut Undang-Undang Jabatan Notaris (UUJN) dapat dikenakan Sanksi Administratif/Pelanggaran Kode Etik Profesi Notaris berupa teguran lisan, tertulis sampai dengan pemberhentian dengan tidak hormat dari Majelis Pengawas dan Sanksi Keperdataan pasal 1365 KUHPerdata tentang ganti kerugian. Pertanggungjawaban pidana bagi seorang notaris apabila terbukti notaris melakukan tindak pidana pemalsuan surat maka notaris bertanggungjawab secara pribadi atas apa yang menjadi tugas serta kewenangnnya. Berkaitan dengan pertanggungjawaban pidana, seorang notaris dapat dikenakan pidana penyertaaan yang ada pada pasal 55 dan pasal 56 angka (1) dan (2), akibat kelalaiannya atas pmalsuan surat yang dilakukan oleh pekerja notaris.Kata Kunci : Notaris, Tindak Pidana, Pemalsuan Dokumen. ABSTRACTThe purpose of this study is to analyze the involvement of notary officials against unlawful acts and participate in committing crimes in falsifying documents and analyzing the accountability of the involvement of notary officials against unlawful acts and taking part in committing crimes in the forgery of documentsThis research is a juridical-normative approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. Data collection techniques used are literature studies (laws, expert opinions and book literature on this thesis). Data analysis techniques used qualitative data analysis.The findings of the researcher indicate that the legal consequences for the notary who do forgery of the document that the victim / victim suffers from the loss of a deed containing false information by the notary. Fake deeds that have been created can be canceled. The cancellation of the deed shall be the jurisdiction of civil judges, namely by filing a civil lawsuit as well as according to the Notary Law (UUJN) Law may be liable to Administrative Sanctions / Violations of the Notary Profession Code of Ethics in the form of oral reprimands, written up to disrespectful discharge from the Supervisory Board and Civil Sanction article 1365 Civil Code about compensation. Criminal liability for a notary if a notary is found to have committed a fraudulent crime of a letter, the notary is personally liable for his or her duties and responsibilities. With regard to criminal liability, a notary may be subject to criminal sanction in article 55 and article 56 numbers (1) and (2), due to his negligence on the counterfeit letters made by notary workers.Keywords: Notary, Crime, Document Fraud
PERKEMBANGAN HUKUM KEWARISAN ISLAM DI INDONESIA (Studi Perbandingan Hukum Kewarisan Dalam Kompilasi Hukum Islam Dengan Hukum Kewarisan Dalam Fiqih Konvensional ) Ahmad Saifudin; 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.v4i1.1753

Abstract

The study entitled "The Development of Islamic Inheritance Law in Indonesia (Comparative Study of Inheritance Law in Compilation of Islamic Laws With Legal Inheritance In Conventional Fiqh)" This study uses a normative juridical approach, in collecting data more emphasis on primary source material, in the form of legislation, Reviewing the rules of law as well as the theory of jurisprudence in addition to interviews to the parties related to the issues in the perusal. Based on these methods the research produces in essence: The forms of legal development of inheritance in the KHI incorporate many elements of customary law and the interests that Indonesians need today. So many forms of inheritance law have not been contained in the fiqh of the conventional (fiqh al-mawarits), but it has been contained and codified in the law of KHI inheritance, among others: article 171 on Joint Treasure, article 177 on the division of father asabah. Article 209 stating that foster and adopted sons receive inheritance, and if they do not receive a will, then they are entitled to a will. And KHI also acknowledged the gono-gini institute whereas the classical fiqh does not admit it (not make sub discussion). In addition, there are contradictions of the inheritance law policies contained in the KHI between the one article and the other articles, among others: article 176 on the distribution of boys and girls. This is contrary to article 229 (which is the closing provision), which states that in settling cases, the judge shall observe the values of the living law in society so that his judgment is in accordance with the sense of justice. In this case, the Indonesian Court, often inheritance distribution is not based on the principle of 2 to 1 for boys and girls. Also, article 183 on peace in the distribution of inheritance which may be contradictory to article 176. Likewise, article 185 on the successor heirs and article 189 on the wholeness and unity of agricultural land of less than 2 (two) hectares, contrary to the principle of ijbari in Islamic inheritance law (fiqh conventional).Keywords: Law of Inheritance, KHI, Conventional Fiqh.
Judicial Review Implementation On Dissenters Notary Rights In Making Deeds Binta Istiqlaly; 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.v6i2.5085

Abstract

The purpose of this study was to: 1) Knowing and analyzing on the Implementation of the Right Dissenters in the Making Notary Deed. 2) To determine and analyze about the obstacle Notaries in Implementing Dissenters rights. The method used in this research is the empirical jurisdiction. Adopting legislation, learning materials primary and secondary law. The technique of collecting data using interviews and literature study and data analysis techniques qualitative analysis using descriptive analysis decomposition.After doing research Juridical Review of Implementation of the Right Dissenters In the Manufacture Notary Deed to a conclusion that is Implementation of the Dissenters rights in the Making Notary Deed is basically the right to withdraw from testifying upfront Court in Civil and Criminal problem. Implementation of the right of refusal notaries in practice, if it turns out the notary as a witness or a suspect, defendant, or in the examination by the Board of Trustees Notary divulge and provide information/statements should shall be kept confidential, while legislation is not ordered, then the complaint filed by parties who feel aggrieved can sue the notary.As well as Obstacles Notaries in options or Use Dissenters rights in the Making Deed is faced by a notary public in using the right of refusal which are the Assembly, Regional Supervisor (MPD) approved the request of the police in the inspection of a notary public, a notary unable to escape to does not provide information because the police already have the recommendation of the Supervisory Council of Regions (MPD). Another constraint is that if the investigating authorities in this case the police use forceful measures with the reason for the interest of the investigation, the notary can not usually be avoided by reason of use right of refusal because the police could have used the excuse that the notary was not cooperative in providing information regarding the deed he made , so that the police do a forced effort.Keywords: Dissenters Rights, Notary and Deed.
The Role And Responsibility Of Public Notary To The Agreement Of Bequest Which Made (Legal Studies of the Revoked Bequest to the Children by Their Parents) Devi Sulastyo Pinuji Wibawa; 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.v5i2.3082

Abstract

A bequest is a gift from someone to others in the end of his/ her life. A bequest can be given to anybody, including friend, relative, or the biological children. A bequest is included in the “free” agreement (om niet). It means there must be an achievement for one side, while another one doesn’t need giving contra-achievement as a reward. This kind of agreement is also called as “unilateral” as a contrary of “bilateral” agreement. Generally, the agreement has feedback, as commonly there should be the one who undertakes an achievement as he/she will receive a contra-achievement. The definition above is according to the content of paragraph 1666 of the Book of Civil Law, which explains that bequest cannot be revoked. Contrary to the paragraph 212 of the Compilation of Islamic Law that explains that parents’ bequest to their children can be revoked. Which law should be taken as a fundamental law to answer this case? Here, the role and responsibilities of a public notary are very needed to solve the case.Keywords: Bequest; Role; Responsibility; Public Notary.
Analysis Of Judge's Decision On Notary Tort In South Jakarta District Court (Case Study No. 124/PDT.G/2017/PN.Jkt.Sel) Ma'ruf Akib; Amin Purnawan
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.v6i3.5111

Abstract

The purpose of this research is 1) To know the Judges considerations in determining Notary Torts in South Jakarta District Court, 2) To determine the Decision Execution Judge Effects of Torts committed Notary in South Jakarta District Court.The method in this research is descriptive. This type of research is normative. The method used is qualitative analysis, namely data obtained through fieldwork and research literature then arranged systematically, and then analyzed qualitatively to achieve clarity issues to be discussed. The data is then analyzed using a theoretical and interpretive positive law which has been poured and then deductively conclude to address existing problems.Based on the results of research that the judge in analyzing the case with No. 124/PDT.G/2017/PN.Jkt.Sel seen from the evidence presented as witnesses, documentary evidence, conjecture, confession or oath that is revealed in the trial are: Defendant 1 and Defendant V and co-Defendant 1 and Defendant II helped found guilty of Torts; Plaintiff is the legal owner of the disputed land Right No. 3747/Pondok Pinang, covering an area of 310 M.2, Pictures situation 24-0201994 date No. 1242/1994; Sale and Purchase Deed before a Notary Noor Kholid Adam, SH., MH between Andrei Widjaya with Ir. Sugandi, canceled Based on Law; Mortgage Ranked First No. 5204/2016 based APHT PPAT Noor Kholis Adam, SH., MH, registered in the name of Standard Chartered Bank with registered office in Branch Jakarta dated August 29, 2016 is the Disability Law, Illegal, not have binding legal force; As a result of the implementation of decisions of law in case No. 124 / PDT.G / 2017 / PN.Jak.Sel relating to tort which did by Notary is null and void, with all the legal consequences of Notary Deed and the Co-Defendants, namely: Sale and Purchase Deed No. 202/2016 dated May 23, 2016, made before PPAT Noor Kholis Adam, SH., MH; Property Ownership Deed of Credit Agreement (KPP) No. 872 / MRG / V / 16 dated May 23, 2016; Property Title Deed of Credit Agreement (KPP) No. 873 / MRG / V / 16 dated May 23, 2016; Power of Attorney Imposing Mortgage No. 203/2016 dated May 23, 2016 of Notary PPAT Noor Kholis Adam, SH., MH .; Power of Attorney to charge Encumbrance No. 256/2016 dated June 22, 2016, made before PPAT Noor Kholis Adam, SH., MH. Granting Mortgage Deed No. 301/2016 dated July 21, 2016, made before PPAT Noor Kholis Adam, SH., MH .; Owned right certificate No. 3747/Pondok Pinang Size 310 M.2, Pictures Situation No. 1242/1994 dated February 24, 1994 on behalf of Andrie Widjaya burdened security rights to Standard Chartered Bank.Keywords: Judge's Decision; Torts; Notary.

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