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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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The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value Arpangi Arpangi
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.v9i1.21161

Abstract

Pawning has become a trend in society because the procedures and requirements are easy, simple, and uncomplicated so that people immediately get money. So it is not uncommon for people to guarantee their goods in pawning activities. Based on the formulation of Article 1150 of the Civil Code, it can be seen that pawning is a material security right on certain movable objects belonging to the debtor or another person on behalf of the debtor to serve as collateral for the settlement of certain debts, which gives priority rights (preference) to the holder of the lien over other creditors. , after prioritizing the costs for the auction and the cost of rescuing the pawned goods taken from the sale proceeds through a public auction of the pawned goods. As material rights, liens continue to follow the object or goods pledged in the hands of whoever holds it (droit de suite). Likewise, it contains a right to sue because the recipient of the pledge has the right to claim the lost goods back. This provision is as contained in Article 1152 Paragraph (3) of the Civil Code. Article 1152 paragraph (4) of the Civil Code stipulates that if later it turns out that the pawnbroker does not actually have the right to alienate the goods, for example, he is only the tenant or the borrower of the goods, then the lien rights of the pledge holder cannot be cancelled.
Board of Directors’ Responsibility for Activities of A Limited Liability which Having No Legal Entity Status I Nyoman Sujana
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.v9i1.20442

Abstract

The aim of this study is to find and analyzes the responsibility of Board of Directors of a Limited Liability Company (PT) operated the company and entered into legal relationship with third parties on behalf of the company when the company has not legally obtained the status of a legal entity. The focus study since business practice is always encountered with competition among entrepreneurs in the effort to gain profit in various unhealthy ways, thus it results in violations of laws and regulations. The research method was used was a normative legal study with a statutory, conceptual and analytical approach. The results of the study show that legal actions on behalf of the Company that has not obtained the status of a legal entity may only be carried out by all members of the Board of Directors together with the founders and members of Board of Commissioners of the Company. The novelty showed that every company need responsible for the company's damages or losses suffered by third parties having legal relationship with the company. Included for unlimited and mutual responsibility (jointly and severally). The actions of board of directors having exceeded their authority specified in the articles of association of the company, resulting in losses for the company shall not be considered as an action of the company. This loss will be the full responsibility of Board of Directors, as the limited liability company will turn into an unlimited liability.
The Construction Law System and Purification of Limitation from Bawaslu’s Authority Mustakim Mustakim; Fradhana Putra Disantara
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.v9i1.20645

Abstract

The aim of this research is analize Article 1 number 17 of Act No. 7 of 2017 concerning General Elections on the General Election Supervisory Agency (Bawaslu) as an election supervisory agency oriented towards monitoring the 'validity of the people's voice' and despite gaining strong legitimacy based on existing regulations. However, Bawaslu has several obstacles, including the issue of the enigma of Bawaslu's authority to give decisions related to the post-constitutional election decision from the Constitutional Court. This research methods was legal research using a conceptual approach and legislation based on three types of legal materials, namely primary legal materials, secondary legal materials, and non-legal materials. The results of this legal research show that when viewed from the aspect of structure, substance, and legal culture; the expansion of Bawaslu's authority has the potential to make Bawaslu less than optimal as well as to create overlapping powers between law enforcers; therefore, the aspects of professionalism and leadership must support it. In addition, the purification of the authority of Bawaslu is essential to optimize the duties and authorities of Bawaslu so that Bawaslu does not need to focus on expanding its authority.
The Implementation of Using of Land Rights for Industry Sahlan Sahlan; Rusli Ayyub; Armin K Armin K; Abraham Bekka
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.v9i1.20541

Abstract

This research aims to know the control over land, either by individuals, collectively or by the state, is only exercised and may only be exercised, if the aim is for the greatest prosperity and justice of the people or for the welfare of the nation and state as much as possible. The research methods was a normative juridical approach and descriptive analytical and highlighted especially in terms of technical legislation. Data collection was carried out with an emphasis on the study of documentation in the library. Field visits were more aimed at checking the application of positive law and to find problems in its implications. The result of the research indicate that there are problems related to the incomplete conceptual preparation in the planning, policy and regulatory stages, caused by the weakness of the quality of planners and legal officials. These weaknesses have caused problems of misunderstanding and inaccuracy in applying the concept, so that the regulatory policies that are drawn up and their implementation deviate a lot from what is expected and have even led to disharmony in society. The product achieved is such that it is not so good, that it will require a difficult effort and take a long time to harmonize it again. Such conditions and problems occur and are found both in the issue of 'state tenure in the National Defense Law, and in the issue of 'land tenure in industrial areas'. The novelty show that in the field of industrial development, the choice of approach is carried out by prioritizing the interests of small companies, medium-sized enterprises and cooperatives in the field of agro-business and agro-industry, without neglecting the presence and role of big entrepreneurs. And in the land acquisition program for the development of an area, a partnership approach should be developed, in such a way that the interests of the people and the good protection of people's rights to land can be paid more attention.
The Bankruptcy Legal Politics in Indonesia based on Justice Value Ria Sintha Devi; Nanci Yosepin Simbolon; Lestari Victoria Sinaga; Muhammad Yasid
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.v9i1.20842

Abstract

The purpose of this study is to find out and analyze the politics of bankruptcy law in Indonesia based on Justice Value, and the problems that occur in its application. The approach method in this study uses a normative juridical approach. The application of legal politics with the concept of justice in the settlement of bankruptcy cases can be interpreted as a condition where the debtor stops paying his debts that have matured so that by the decision of the Commercial Court his assets are declared as general confiscation to be sold by the curator and distributed to his creditors in a fair and balanced manner according to the proportion with the supervision of the supervisory judge. The confiscation is carried out to ensure the interests of all creditors and prevent executions that are requested by individual creditors. Bankruptcy only concerns the general confiscation of the assets of the bankrupt debtor, excluding civil rights outside of property law, civil rights, public rights and social rights in social life in society.
Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy Budisidhabhiprodjo Budisidhabhiprodjo
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.v7i1.9768

Abstract

In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.
Hubungan Hukum Antara Kreditor Dan Debitor Dalam Pelaksanaan Perjanjian Fidusia (Studi Kasus Di PD. BPR BKK Kota Semarang Cabang Gayamsari) Fita Asih Septiamin
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.v4i4.2506

Abstract

ABSTRACTThe role of banks is very important in meeting the needs of the community, one of them with the provision of credit. in the implementation of the provision of credit known a way called fiduciary as a credit guarantee institution, where objects that become collateral remain in the hands of debtors. in a fiduciary agreement, both the creditor and the debtor must fulfill their rights and obligations in accordance with what has been agreed. Objects guaranteed by debtors with fiduciary collateral shall be registered for a fiduciary guarantee certificate in the AHU Directorate General (Direktorat Jenderal Administrasi Hukum Umum) Ministry of law and ham republic Indonesia at a cost borne by the debtor. therefore required law number 42 of 1999 concerning fiduciary guarantee in arranging legal relation between creditor and debitor in execution of fiducia guarantee.Keyword: Law, Creditor, Debtor, Agreement, Fiducia.  ABSTRAKPeran bank sangat penting dalam memenuhi kebutuhan dana bagi masyarakat, salah satunya dengan pemberian kredit. Dalam pelaksanaan pemberian kredit dikenal suatu cara yang dinamakan fidusia sebagai lembaga jaminan kredit, dimana benda yang menjadi jaminan tetap berada ditangan debitor. Di dalam perjanjian fidusia, baik kreditor maupun debitor harus memenuhi hak dan kewajibannya sesuai apa yang telah diperjanjikan. Benda yang dijaminkan oleh debitor dengan Jaminan Fidusia wajib didaftarkan untuk mendapatkan setifikat Jaminan Fidusia di Ditjen AHU (Direktorat Jenderal Administrasi Hukum Umum) Kementerian Hukum dan Hak Asasi Manusia Republik Indonesia dengan biaya ditanggung oleh pihak debitor. Oleh karena itu diperlukan Undang-Undang No. 42 Tahun 1999 tentang Jaminan Fidusia dalam mengatur hubungan hukum antara kreditor dan debitor dalam pelaksanaan Jaminan Fidusia.Kata kunci : Hukum, Kreditor, Debitor, Perjanjian, Fidusia.
Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary Paulus Meldif Dika Pratama; Iwa Mashadi; Gunarto Gunarto
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.v5i3.3257

Abstract

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.
The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties I Gede Agus Kurniawan
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.v9i1.20970

Abstract

This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.
Analysis of Positive Legal Sources on the Implementation Bugis Customary Sanctions of Makassar for Silariang Actor Salle Salle; Mirnawanti Wahab
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.v9i1.20619

Abstract

In this study, the researchers analysed the phenomenon of Silariang (embarrassed) practice in the life of the Bugis Makassar society, which was considered unsuitable with the values of traditional life. This research aims to find out the form of Silariang according to Makassar Bugis customary law and implement a customary penalty for Silariang perpetrators. The research method used is juridical-normative with a statutory approach and a conceptual approach. The results of this study indicate that, according to Makassar Bugis customary law, Silariang or elopement is found in the Makassar community and can be found in other ethnic traditions outside Makassar. What makes them different is the punishment applied to the two perpetrators. For other ethnic groups, the penalty is usually not so severe. However, for the Makassarese, it usually ends with the murder of the perpetrator. The implementation of this customary law punishment is in the form of humiliation or persecution, expulsion from the village, and even the death penalty if the violation is very serious. The only one who can carry out the punishment is the family who does the Silariang. Also, the results of other studies illustrate that the embodiment of customary law principles as part of a positive legal source in Indonesia is highly recommended. Moreover, in the context of upholding morality, cultural nobility, honesty, and justice, it should avoid legal dilemmas to enforce the law against the law. After that, all decisions of legal action are aimed at creating public order, balance, and peace. Legal decisions based on the paradigm of customary law in the Silariang can cause feelings of shame, hurt, and revenge, ending in revenge efforts.

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