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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 Authority Of Public Notary In The Making Of Deregistration Agreement Of Mortgage Right Gholib Ivan Ali; Riskha Amaliya Lubis; Anis Mashdurohatun
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.v5i2.3083

Abstract

Deregistration in the legal dictionary means deletion. The deletion in question is the abolishment of the mortgage right on the land title book and the certificate. If the mortgage right is removed, the Land Office shall make deregistration (Deletion/Roya) to the record of mortgage rights on the land title book and its certificates. The method used by the writer in this research was sociological juridical research, with descriptive analytical research specification, while the data analysis method used was qualitative analysis. Based on the results of the study and discussion, it can be concluded that the Deregistration Consent Agreement is as a statement from the debtor in notarial, the content is about the debtor has paid off the debt and the creditor agreed to remove the certificate of land rights burdened by the Guaranteed Right to be a clean certificate of any engagement. The Deregistration Consent Agreement does not have the executorial power as the Mortgage Right Certificate. The authority of a Notary in making the Deregistration Consent Agreement shall be based on the statement of the debtor before the Notary, so that the statement or agreement is conveyed by the Notary in an authentic agreement. This is in accordance with the provisions of Article 15 paragraph (1) of Act No.2 Of 2014 on Amendment to Act No.30 Of 2004 regarding Notary Position.Keywords: Public Notary; Agreement; Mortgage Rights.
PERALIHAN HAK ATAS TANAH ABSENTE KARENA WARIS (STUDI KASUS DI KANTOR ATR/BPN KABUPATEN KENDAL YANG DOMISILI AHLI WARIS BERADA DILUAR WILAYAH KECAMATAN ) Ika Rahma Wanti; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 2 (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.v4i2.1790

Abstract

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.
Juridical Review On The Instructions Of Governor Of Yogyakarta No. K/898/I/1975 On Uniformity Policy Of Land To The Granting Of A Non-Native Citizen Frans Ferbianto; Umar Ma'ruf
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.v5i2.3099

Abstract

The purpose of this study was to: 1) To determine and analyze the implementation of The Instruction of DIY No. K/898/I/1975 which makes it difficult to obtain a non-native citizen property rights of land in Yogyakarta. 2) To determine and analyze the correlation instructions for DIY Regional Head No. K/898/I/1975 with 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) The provision granting land rights to a citizen Non-Natives in the province based instructions for DIY Regional Head No. K/898/I/A/1975 are not allowed to own land both farm and nonagricultural land with soil status Rights Owned. If a citizen Non Natives acquire land with the right then obliged to waive that right and land rights apply to the Regional Head of DIY with a given the building right (HGB). 2) The provision granting land rights to a Non-Native citizen in the province based instructions for DIY Regional Head No. K/898/I/1975.Keywords: Judicial Review; Non-Native Citizen; Rights of Land
PERANAN PPAT DALAM PEMUNGUTAN BEA PEROLEHAN HAK TANAH DAN BANGUNAN (BPHTB) ON LINE ATAS TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DI KOTA MAGELANG Yunita Budi Chrissanni; Amin Purnawan
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.v4i3.1806

Abstract

The research titled "The Role of Official Official Deed Officer (PPAT) in Collection of Land and Building Ownership Rights (BPHTB) Online on Land and Building Transaction in BPKAD Kota Magelang" to know how far the role of PPAT in PHTB collection and what obstacles and its solution in BPHTB collection on line in Magelang city.This research uses empirical juridical approach, in collecting data more emphasized on source of primary material, in the form of law and regulation, studying law norms and law science sera theory added by interview to the parties related to the problem in carefully.Based on the method, the research produces principally (1) the Land Actor (PPAT) as the Government Regulation Number 37 Year 1998 concerning PPAT Office Regulation and its implementation is stipulated in Regulation of the Minister of Agrarian Affairs / Head of National Land Agency Number 4 Year 1998 on Implementation of Government Regulation Number 3 In 1998, a general official as intended in Article 1868 of the Civil Code has the responsibility as a partner of the government in carrying out the BPHTB levy which in the Tax Payment of Land and Building Acquisition Rights (BPHTB) is regulated in Local Regulation of Magelang City No. 9 of 2010 on Customs Acquisition of Land and Building Rights (2) The obstacles that arise in the execution of Collection of Land Acquisition Rights of Land and Building (BPHTB) Online in Magelang city and what efforts are made to overcome obstacles is the tax value proposed by the taxpayer Not in accordance with INT (Land Value Index) y Which has been determined by BPKAD the solution regarding it is conducted survey of land and building location by BPHT object building by BPKAD, or taxpayer to clarify the value of BPHTB, if not found the solution to that matter then BPKAD use regulation of Mayor Magelang Regulation Number 7 of 2017 on Local Tax Service And Payment System On LineKeywords: BPHTB, On Line, PPAT
The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL) Arif Budi Pamungkas; Zaldy Kurniawan; Djauhari Djauhari
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.v5i2.3175

Abstract

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right
KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA Rifan Agrisal Ruslan; Umar Ma’ruf
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.v4i3.1817

Abstract

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.
Copyright Protection Of The Song "Akad" Created By “Payung Teduh” In Case Covered By Hanin Dhiya Based On Copyright Law Damaris Eka Wijaya; Hasto Sasmito; 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.v5i2.3230

Abstract

Technology is in progress increasingly sophisticated, enables everyone to explore and showcase her work in a variety of ways, one of which is now very easy to find is to upload video footage in a private channel on the YouTube site. However, disputes arise when recording on the channel associated with copyright issues. One of them is the activity of singing songs of others. The problems discussed in this study is how the Top Tracks Copyright Protection “Akad” Created by Payung Teduh In Case Cover Version By Hanin Dhiya Seen From the Copyright Act. The research approach is Normative legislation reviewing Act No. 28 of 2014 on Copyright. The results of this study explains that the song “Akad” is the creation of Payung Teduh, and copyright is protected by the Copyright Act, in order to perform a cover of the song, so it needed permission from Payung Teduh, as a tribute to the work of someone else's copyright. If this right is violated, the creator has the right to prosecute the song cover both civil and criminal.Keywords : Protection Law, Copyright, Cover Songs.
Sinergitas Hukum Islam dengan Peranan Notaris dan Pejabat Pembuat Akta Tanah (PPAT) dalam Menghadapi Masyarakat Ekonomi ASEAN (MEA) Linggar Pradiptasari
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.v4i4.2496

Abstract

ABSTRAKDalam era sekarang ini, masyarakat Indonesia sangat membutuhkan Notaris/PPAT dalam segala aspek kehidupan yang berhubungan dengan perjanjian kerjasama maupun urusan pertanahan. Namun, minimnya kesadaran beberapa pihak terkait akan dosa riba yang sangat dekat dengan praktek Notaris/PPAT. Padahal, sudah jelas tertulis dalam Al-Qur’an bahwa riba adalah dosa. Maka dari itu perlu adanya sinergitas antara beberapa pihak terkait untuk mewujudkan suatu keharmonisan bekerja yang syar’i. selain harus adanya kesadaran terlebih dahulu dari masing-masing pihak, juga perlu diadakan kajian-kajian tentang Notaris yang berbasis Islam atau Notaris Syariah, yang berdasarkan Al-Qur’an dan Sunatullah Nabi Muhammad. Walaupun secara teoritis mudah untuk dipaparkan, namun tidak mudah dalam praktek Notaris yang jauh dari riba. Sedangkan, Notaris juga kalangan penting dalam hal mempersiapkan diri untuk menghadapi Masyarakat Ekonomi ASEAN (MEA). Selain meningkatkan mutu calon Notaris itu sendiri, maka juga perlu kerjasama yang bersinergi dari kalangan di luar Notaris untuk dapat mewujudkan Notaris yang handal serta mampu bersaing dalam kompetisi Masyarakat Ekonomi ASEAN (MEA).Kata Kunci : Notaris Syariah, MEA, riba.ABSTRACTIn today's era, Indonesian people desperately need Notary / PPAT in all aspects of life related to cooperation agreement and land affairs. However, the lack of awareness of some parties related to the sin of usury is very close to the practice of Notary / PPAT. In fact, it is clearly written in the Qur'an that usury is a sin. Therefore there is a need for synergy between several parties concerned to realize a harmonious work syar'i. in addition to having prior awareness of each party, also need to be held studies of Islamic-based Notary or Notary Sharia, which based on the Qur'an and Sunatullah Prophet Muhammad. Although it is theoretically easy to describe, it is not easy to practice Notary which is far from usury. Meanwhile, Notary Public is also important in preparing to face the ASEAN Economic Community (MEA). In addition to improving the quality of the notary candidate itself, it also needs a synergistic cooperation from outside the Notaries to be able to realize a reliable Notary and able to compete in the ASEAN Economic Community (MEA) competition.Keywords: Notary Sharia, MEA, usury
Transfer Of Functions Of Agriculture To Non Agriculture Land Under Government Regulation Number 1 Of 2011 Concerning The Establishment And Transfer Function Of Agricultural Land Sustainable The Food Indana Fawaizah; Arif Zaenal Abidin; Anis Mashdurohatun
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.v5i3.3247

Abstract

In this study concluded that: Implementation of agricultural land conversion to non agriculture through several stages, namely: a. The applicant submits the application permit conversion of land attached with the above requirements. b. Setting and Planning Section of Land examination whose results land noted in the minutes of technical considerations arrangement of land. c. The committee did Meetings  Land  examination, the results are set forth in the Minutes for consideration demolition permit over the land / Land Use Change Permit (IPPT) by the Head of the Land Office. d. Issuance of land conversion permits Decree (SK Land Use Change Permit). e. Delivery of the Decree of the land conversion permit (SK Land Use Change Permit). Act No.41 of 2009 on the Protection of Agricultural Land Sustainable Food, Government Regulation No. 1 of 2011 on the Establishment and Transfer Function Agricultural Land Sustainable Food has been able to balance the food sector while Act No. 26 of 2007 on Spatial Planning, has not fully balance the conversion of agricultural land to non-agricultural because there is a review of every five (years) 1 (one time. Implementation of the transformation of agricultural land to non-agricultural constrained because some of the following: a. Refusal of requests for land use only verbally. b. The term of service of technical considerations of land is 13 (thirteen) days. But in practice it can reach 3 months. c. The calculation of the cost of land use not in accordance with the applicable regulation.Keywords: Judicial Review; Over the function of Land; Agriculture and Non-Agriculture Land.
Politik Hukum Pemberian Kewenangan Kepada Notaris Untuk Membuat Akta Pertanahan Dalam Kaitannya Dengan Kewenangan PPAT Sri Kustiyah; Hasrul Hasrul
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.v5i1.2663

Abstract

AbstrakPolitik Hukum Pasal 15 Ayat (2) huruf f UUJN yang memberikan kewenangan kepada Notaris untuk dapat membuat akta yang berkaitan dengan pertanahan adalah dalam rangka terciptanya unifikasi jabatan antara Notaris dan PPAT sehingga seorang yang diangkat menjadi Notaris akan otomatis menjadi PPAT. Akan tetapi, keinginan ini belum bisa terlaksana akibat tidak adanya harmonisasi peraturan perundang-undangan yang mengatur kedua jabatan tersebut sehingga kewenangan-kewenangannya saling tumpeng tindih.Kata kunci : Politik Hukum, Kewenangan Notaris,  Akta Pertanahan, Kewenangan PPAT AbstractPolitical Law Article 15 Paragraph (2) letter f UUJN which gives authority to Notary to be able to make deed related to land is in the framework of the unification of position between Notary and PPAT so that a person appointed to Notary will automatically become PPAT. However, this desire can not be accomplished due to the absence of harmonization of legislation regulating these two positions so that their respective powers overlap.Keywords: Legal Politics, Notary Authority, Land Acts, PPAT Authority

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