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Jurnal Akta
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
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
PROBLEMATIKA HUKUM AKTA HIBAH ATAS TANAH YANG TIDAK SAH KARENA MELEBIHI BAGIAN TERKECIL AHLI WARIS Ratnasari Ratnasari; Akhmad Khisni
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.v4i2.1783

Abstract

A grant is a legal act of transfer of ownership that is deliberately given to another party. In Article 1682 of Civil Code states that the implementation of the grant is done by using an authentic deed. The finding of this research on the verdict of Klaten District Court no. 8 / Pdt. G / 2001 / PN.Klt, where the land grant with Grant Deed no. 387 / DLG / 23/1999 and Grant Deed no. 388 / DLG / 23/1999 dated 30 August 1999 which has been made by defendant I (Land grantee) is declared null and void because it is illegal (legal defect) and has no legal power to be used as evidence of land grant rights. The conclusion in this research is the consideration of the judge in civil suit case with case No.8 / PDT.G / 2001 / PN. Klt constituted by the Civil Code (BW) which states the Grant Deed No 387 / DLG / 23/1999 and the Grant Deed No. 388 / DLG / 23/1999 shall be declared to have no legal force and shall be void by law because they have no material evidentiary power.Keywords : Legal Problems, Authentic deed, The heir’s minimum right
Due To Legal Marriage Without Married Agreement Relating To The Existence Of Bankruptcy Reza Fahlevi Bachtiar; 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.v5i2.3094

Abstract

The problems that will be answered in this study are grouped into two, about how the legal consequences of marriage, held without mating agreement with the bankruptcy, and how the legal standing of the assets of the debtor spouse to mate without mating agreement after bankruptcy. The method used in this research is the empirical jurisdiction. The legal consequences of marriage, held without mating with their bankruptcy agreement is legally valid as the bankruptcy of the husband or wife of the bankrupt debtor. The separation between the property along with a personal wealth does not necessarily separate due to the bankruptcy imposed on married couples who enter into marriage without mating agreement as well as the marriage held by mating or separation agreement treasure. The legal position of property the debtor spouse into marriage without the agreement having been declared bankruptcy mating separated into two parts, namely the unity property and personal possessions. Husband or wife treasure the bankruptcy debtor entered into treasure union declared legally bankrupt as a result of participating bankruptcy imposed against the partner.Keywords: Effects; Marriage; Marriage Agreement; Bankruptcy.
TINJAUAN HUKUM TERHADAP PERMOHONAN PEMBATALAN AKTA JUAL BELI YANG DIBUAT OLEH NOTARIS/PPAT ( STUDI KASUS PT. WAHANA WIJAYA LESTARI REALITY DENGAN YO SWIE TJIN ) Fifian Leliana; Anis Mashdurohatun
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.v4i3.1801

Abstract

Research entitled "Legal Review Against the Request of Cancellation of Deed of Sale and Purchase Between PT. Wahana Wijaya Lestari Reality With Yo Swie Tjin "aims to 1) explain and provide knowledge about the terms of making the sale and purchase deed pursuant to the prevailing rules, 2) to give understanding about judge's consideration to the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin, and 3) provide understanding and knowledge about the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin.Based on the research, it can be concluded that 1) the provision of the deed of sale and purchase based on the prevailing rules by paying attention to the important matters by fulfilling the formal and material requirements, ordering the administration, running the rules of law such as Civil Code, UUPA, UUJN, PP number 24 years 1997, PP number 37 of 1998. 2) judge's consideration of the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin is based on the non-fulfillment of Article 1320 of the Civil Code regarding the validity of a treaty, Article 1321 of the Civil Code that there is no valid agreement if it is given by mistake, or obtained by coercion or fraud, any deviations from material requirements and formal conditions. 3) the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin decided by Bandung District Court that the deed of sale and purchase number 250/2012 dated June 16, 2012 and deed of sale and purchase number 251/2012 dated June 16, 2012 made before PPAT (Plaintiff) is legal defect.Keywords: Cancellation, Deed of Sale and Purchase, Parties
The Loan Application with Land Certificate Guarantee Edi Rahadini; Bambang Tri Bawono
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.v8i4.2991

Abstract

Certificates on land as collateral for one's debt, in fact, must be able to replace a debt. But in reality, the guarantee cannot be executed as a substitute for someone's debt. This writing using legal protection theory which is the protection of the dignity and worth, as well as the recognition of human rights owned by legal subjects based on general provisions from arbitrariness or as a collection of rules or rules that will be able to protect something else. That the discussion of the article focuses on: How to apply for a loan with a land certificate as collateral? The purpose of writing this journal is to find out how to apply for credit with land certificates as collateral. This study uses a normative juridical approach, with analytical descriptive specifications. Data obtained by literature study. The conclusions obtained from the writing are: collateral is the ability of the debtor to fulfill or pay off his debt to the creditor, which is carried out by holding certain objects of economic value as dependents on the loan or debt received by the debtor to his creditor. Indeed, a certificate can be used as collateral for a debt, but this cannot be done, because the debt agreement is not followed up with a mortgage agreement.
Notary Authority to Use Retention Right to Keep Documents Based on Custody Agreement in Legal Assurance Review Bambang Tri Bawono
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.v8i3.15440

Abstract

The purpose of this study is to determine and analyze the authority of a notary in retaining documents in the form of a power of attorney to sell and certificates that have transferred their ownership rights to other parties and to identify and analyze the position of heirs who have changed their citizenship on land ownership rights in a review of legal certainty. The approach method used in this research is sociological juridical. The results of the study stated that the storage of SHM certificate No. 2343/Salatiga by Notary WI is based on a safekeeping agreement between KT and notary WI. However, the authority to keep the certificate within a period of one year is no longer valid, considering that KT as the provider of care has changed its citizenship to become a citizen of the Netherlands. This refers to article 21 paragraph (3) of Act No. 5 of 1960 concerning Basic Agrarian Regulations. With the enactment of such provisions, the Notary WI within one year since the inheritance no longer has the right to keep the land certificate SHM No. 2343/Salatiga, considering that KT as the power of attorney no longer has rights to the land.
The Position And Function Of Notary In The Using Of State Symbol Arief Rahman Siregar; Andhika Widya Kurniawan; Gunarto Gunarto
Jurnal Akta Vol 7, No 1 (2020): March 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.v7i1.8301

Abstract

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.
Notary Legal Protection on Making Agreement of Sale and Purchase to The Parties Yanti Herlianti; Sri Praptini; Sri Endah Wahyuningsih
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.v6i1.4235

Abstract

In practice of the problem of the degradation of the authentic act can occur because of negligence and / or lack of rigor / carelessness of a Notary resulting in a deed made degraded strength of evidence or null and void.The aim of research in this paper is to determine the responsibility of the Notary deed purchase agreement to the parties and to determine the legal protection against the manufacture Notary deed of sale and purchase agreement to the parties.This study uses normative juridical approach, using a primary law, especially regarding legislation law on Notary. In this study, the data collected through the study of documents and literature.Responsibilities of the Notary civilly against the deed he had done, namely the engagement made by two or more parties despite allowing made unilaterally (in nature only strengthens). MKN is not in providing a legal protection for the Notary as an institution that is independent, because in this case the existence of MKN not a sub part of the government who appointed him. MKN to exercise its authority issued a decision is not influenced by the parties or other institutions, so in this case generated by MKN decision is not inviolable.Keywords: Legal Protection; Notary Deed.
The Combination of Legal System: Reconciliation of Divorce Cases in Dayak Ngaju Customary Law and Positive Law Systems Ibnu Elmi Acmad Slamat Pelu; Ahmad Dakhoir; Go Lisanawati; Jefry Tarantang
JURNAL AKTA Vol 9, No 1 (2022): March 2022
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.v9i1.20427

Abstract

This study aim to observe a legal rationale regarding a legal-system implementation of Dayak Ngaju customary dispute reconciliation in Kuala Kurun, Gunung Mas Regency, Central Kalimantan Province. In practice, the researchers found a combination performed autonomously in the legal system. Such combination was a society’s belief in using both customary legal system and positive legal system. The idea of this combination was underlined by a reflection of legal rationale finding two legal systems (customary and positive) functioned respectively where suitability occurred between legal culture of living law and formal law. The principle of a combination of legal system was an evidence of a new insight or a new paradigm through factual and norm elaborations from Dayak Ngaju customary divorce reconciliation case. This study used descriptive and analytical qualitative research method on the phenomenon of Dayak Ngaju customary dispute reconciliation in Central Kalimantan. The result obtained was implementation of a legal combination (both customary and national), instead of only an effort of a harmonization. However, the result show that implementation was not practically able to replace a naturalist paradigm, yet both were believed by the society to be able to achieve philosophical goal of a law, a peace.
The Land Law Reform in the Philippines State Aquilino Aquilino
JURNAL AKTA Vol 9, No 1 (2022): March 2022
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.v9i1.20491

Abstract

This research aim to know the land reform in the Philippines has long been a contentious issue rooted in the Philippines's Spanish Colonial Period. Some efforts began during the American Colonial Period with renewed efforts during the Commonwealth, following independence, during Martial Law and especially following the People Power Revolution in 1986. This research used the qualitative with normative approach especially the regulation of Land in Philippines. The current law, the Comprehensive Agrarian Reform Program, was passed following the revolution and recently extended until 2014. Much like Mexico and other Spanish colonies in the Americas, the Spanish settlement in the Philippines revolved around the encomienda system of plantations, known as haciendas. As the conclusion explained that in the 19th Century progressed, industrialization and liberalization of trade allowed these encomiendas to expand their cash crops, establishing a strong sugar industry in the Philippines, especially in the Visayan island of Negros.
The Synchronization Process of Legal System in Tunggu Tubang Land Certification Firman Muntaqo; Mashudi Mashudi; Murzal Zaidan; Fahmi Yoesmar Ar-Rasyidi
JURNAL AKTA Vol 9, No 1 (2022): March 2022
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.v9i1.21090

Abstract

The study on the Tunggu Tubang Land Certification in the Semende area aims to examine 3 (three) problems, they are aspects of historical and sociological rechts supporting and inhibiting; synchronization of the legal system, as well as; alternative arrangements for facilitation of Tunggu Tubang land certification. The research used a normative juridical approach. The results of the study state that the study of synchronization of the legal system, there are no obstacles to the certification of Tunggu Tubang land, with the argument that the Tunggu Tubang land comes from private land (land of customary land), or civil rights/private rights/privaatrecht according to the western legal system, and does not include the power of rights. The Ulayat as common property of the community, therefore basically can be certified. Alternative facilitation of Tunggu Tubang land certification can be done by heeding the legal concept of the Tunggu Tubang Institution which stipulates that, Tunggu Tubang which contains the principles: There is land that is jointly owned by the descendants of the female line of the founder of Tunggu Tubang; there is an administrator who is not entitled to sell/transfer the land of Tunggu Tubang, but only manages it for the benefit of the descendants of the founder of Tunggu Tubang.