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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
PERAN NOTARIS SEBAGAI SAKSI DALAM PROSES PERADILAN PIDANA Irawan Arief Firmansyah; Sri Endah Wahyuningsih
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.v4i3.1811

Abstract

Research on "Notary's Role for Witnesses in Criminal Justice Process" to re-examine the authority of the Constitutional Court against notary notarization, the role of notary as the cost of criminal cases.MPD Regulation concerning notarial notes having domicile must be through MPD in accordance with Art. 66 (1) of Notary Act No. 30 Year. 2004 because it is not in line with the rules of Ps. 27 (1) and Psl. 28 D (1) of the 1945 Constitution on the equality of citizens' attitudes before the law in order to facilitate criminal justice for the realization of community justice. The role of a notary as a means in a criminal case is to provide information in accordance with the aspect of formal / material aspects of the deed which is the responsibility. Protection of a notary as a criminal offense after the release of the Constitutional Court verdict. 49 / PUU-X / 2012 is notary calling through Notary Board of Honor according to the provisions of Art. 66 Psl. UU no. 2 Yrs. 2014. In addition, the notary still gets an order from the rights and responsibilities of the notary public. Keywords: Notary, Witness, Criminal Case
The Responsibility of Notary Agreement of The Truth Under Hand Notarized as Evidence in The Process of Trial in Court Eka Daryanti; Mochammad Ipnu Wardani; 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.v5i2.3223

Abstract

The legal consequences under the hand agreement validated by notaries who are connected with the responsibility of Notary if the agreement be used as evidence in court. This study aims to analyze the responsibility of the Notary to the truth of the under the hand agreement that was authorized by the Notary, to analyze the legal consequences of the agreement under hand, legalized by the Notary as evidence in evidence during the trial. From the results of this research is that: 1) responsibility to the truth Notary under the hand agreement that was authorized by the Public Notary. Notary is the only guarantee certainty regarding the date, identity and signature of the parties to the agreement. Notary ensures certainty at the time of signing the agreement, that the parties who signed the agreement is valid and not others, the parties who signed properly attended and have been aware of the contents in the agreement because it is read by the notary, so that the parties can not deny, 2) the legal consequences under the hand agreement, legalized by the Notary as evidence in court proving that the under the hand agreement only give legal effect to the advantage of a perfect proofing to whom sipenadatangan about to give evidence, while against the third party free pembuktianya legal consequences. If the authentic act has the strength of evidence was perfect, under the hands of the legal consequences certificate of proof rests with the judge to consider.Keywords: Responsibility; Under the Hands Agreement; Legalization.
Perubahan Status Tanah Pertanian Menjadi Non Pertanian Di Kecamatan Genuk Suatu Kajian Normatif Endang Sulastirin
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.v4i4.2490

Abstract

ABSTRAKTanah merupakan salah satu sumber daya alam yang jumlahnya relatif tetap. Penggunaan tanah tidak hanya sebagai pemukiman, tapi juga perluasan kegiatan ekonomi pada umumnya. Metode yang digunakan adalah metode yuridis sosiologis dengan spesifikasi penelitian deskritif analitis, sedangkan metode analisa data yang digunakan adalah analisa kwalitatif. Berdasarkan hasil penelitian dan pembahasan dapat disimpulkan bahwa prosedur dalam pengajuan permohonan perubahan tanah pertanian menjadi non pertanian di Kecamatan Genuk, Kota Semarang adalah dengan melengkapi persyaratan- persyaratan yaitu foto copy kartu tanda penduduk dan atau kuasanya, foto copy sertipikat tanah atau bukti kepemilikan lainnya, dan foto copy SPPT PBB tahun terahkir. Prosedur perubahan tanah pertanian menjadi non pertanian di Kecamatan Genuk Kota Semarang adalah pemohon datang ke kantor pertanahan Kota Semarang dengan membawa blangko permohonan yang sudah diisi lengkap, melakukan pengecekan sertipikat, pembayaran penerimaan Pajak Negara Bukan Pajak, pengecekan lokasi tanah yang dimohon, rapat koordinasi tim IPPT, terbit surat keputusan ijin perubahan penggunaan tanah.Hambatan–hambatan dan cara penyelesaian dalam permohonan perubahan tanah pertanian menjadi non pertanian di Kecamatan Genuk Kota Semarang, di anataranya sebagian masyarakat tidak tahu atau kurang mengerti akan prosedur dan syarat-syarat dalam permohonan perubahan status tanah pertanian menjadi non pertanian sedangkan cara penyelesaiannya adalah dengan adanya sosialisasi kepada masyarakat melalui layanan LARASITA .Kata kunci: Pertanahan, Perizinan, Surat Keputusan                                                            ABSTRACT       Land is a kind of natural resources which has fixed . Its usage is not only for settlement but also for expansion of economic activity and support peoples necessity that more increased.Method which the writer used is socio-juridical.It specifies descriptive, analiytic research, while data analysis method which the writer used is qualitatives analysis. Based on the result of research and discussion, it can be concluded that procedure of change application from agriculture to non agriculture in District of Genuk, Semarang, Central Java, is completing requirement first. They consist of photocopy of identify card or waranty, photocopy of land certificate or other legal ownership papers, and photocopy of Notification of Tax Due ( SPPT PBB ) recenthy.Procedure of change application from agriculture to non agriculture in District of Genuk Semarang is the applicant has to come to National land Agency and brings application form that has filled datas completely , checking certificate. Paying Non Tax State Revenue Payment checking location, coordination meeting with IPPT team, and getting decree of IPPT. Obstacles of change application from agriculture to non agriculture in District of Genuk Semarang is of most peoples don’t undersatand the procedures and requirement for changing status from agriculture to non agriculture. While, the way of completion is holding sosialization to peoples by LARASITA .Keywords : Land, License, Decre
The Implementation Of Provisions In Article 16, Paragraph (1) Line M Of The Act No. 2 Of 2014 On The Notary’s Position In Pekalongan Ade Alfriyan Rumrijono; Adimas Dirgantara; 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.v5i3.3241

Abstract

This study examines the implementation of the provisions of Article 16 paragraph (1) line M UUJN in Pekalongan. This type of research is juridical empiric. These results indicate that the notary in Pekalongan has not implemented the provisions of Article 16 paragraph (1) line M UUJN. The legal consequences and responsibility for this violation is Notary agreement in question only has the strength of evidence as the Notary agreement under the hand and can be held accountability in civil and criminal law. Constraints implementation of these provisions are too large number of jobs of Public Notary , too small a value leads to low credit limit so that the Notary fees, and less understanding of the parties and the Notary of the provision itself.Keywords: Implementation; Provisions; Notary’s Position.
Redesign The Relevance Of Justice In Debtor Protection Related To Parate Executions Performed By Separate Creditors In Liability Agreements Binov Handitya
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.v8i4.18626

Abstract

The existence of Articles 55 and 56 of Act No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy carried out by separatist creditors against creditors is weak, this is due to the absence of legal remedies that can be taken by debtors during bankruptcy has been found to have happened to him. Therefore, it is necessary to have a disposition of justice in protecting debtors from the rights of separatist creditors. The implementation of bankruptcy as referred to in Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to the debtor, considering that the two articles are only based on the existence of debt from the debtor and are related to the position of solvent or insolvency based on the creditor's view alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) The factors that have resulted in bankruptcy law so far have not been fair to debtors are legal factors, namely in the form of the provisions of Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors the law even though it is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) Therefore, it is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004.
The Role of Notaries and Land Titles Registrar in Collecting Duties on The Land and Building Rights Acquisition on The Making of Sale and Purchase Deeds in Singaraja City Nyoman Edy Febriana; I Wayan Parsa; I Gede Artha; I Nyoman Bagiastra
Jurnal Akta Vol 9, No 2 (2022): June 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.v9i2.21362

Abstract

The main objective of this study is to know the role of Land Titles Registrar (PPAT) in collecting duties on the Land and Building Rights Acquisition (BPHTB) on the sale and purchase transactions in Singaraja City. Furthermore, we investigate the duties and obligations of the PPAT in supervising the payment of BPHTB. The research was conducted using a qualitative approach with empirical juridical methods. The main finding is the role of PPAT as the official who makes BPHTB quotations during sales and purchase transactions in Singaraja City shows a very important role. Also, we have presented the duty and obligation of PPAT in supervising the payment of BPHTB is to make taxpayers aware that taxes are paid in accordance with applicable regulations.  
The Implications of Islamic Law Related to the Implementation of CashWaqf /Money Muchtar Anshary Hamid Labetubun; La Ode Angga
Jurnal Akta Vol 9, No 2 (2022): June 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.v9i2.21148

Abstract

. Cash Waqf is a term that is becoming familiar in today's society, because Cash Waqf usually refers to cash deposits in financial institutions such as banks, where Cash Waqf is usually invested in profitable business activities, profits from the investment results are used for everything that is socially and religiously useful. The purposes of this research to analize Cash Waqf that is carried out by a person, group of people, and institutions or legal entities in the form of cash/money. Also included in the interpretation of money are securities, such as shares, checks, and others. The method used in this study was normative juridical for analyzing legal issues contained in legislation related to the problem under study with qualitative analysis. The results showed that endowments in the form of cash are permissible as long as the money is invested in a business for results (Mudharabah), after which the profits are distributed according to the endowments. So that the money represented is always, on the contrary, what is informed to the mauquf ‘alaih is the result of developing the endowment of the money. However, there are several main challenges in developing the potential of Cash Waqf in Indonesia in addition to governance challenges, including the low literacy of the Indonesian people about Cash Waqf and limited financial instruments in developing the value (assets) of Cash Waqf.
Juridical Study of Reforming the Criminal Procedural Law System regarding Pretrial Institutions after Constitutional Court Decision in Indonesia Nurbaedah Nurbaedah
Jurnal Akta Vol 9, No 2 (2022): June 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.v9i2.21530

Abstract

This study examines the problem of reforming the criminal procedural law system regarding pretrial institutions in Indonesia after the decision of the Constitutional Court No. 21/PUU-XII/2014. The purpose of this study is to analyze in an effort to reform the criminal procedural law system regarding pretrial institutions in Indonesia. This research method uses normative legal research. The results of this study describe that the changes in the Criminal Procedure Law System Regarding Pretrial Institutions in Indonesia after the Constitutional Court Decision No. 21/PUU-XII/2014 are the scope of pretrial examination is not only limited to whether or not an arrest, detention, termination of investigation or termination of prosecution is legal; compensation and or rehabilitation for a person whose criminal case is terminated at the level of investigation or prosecution; whether or not the determination of a suspect, confiscation and search is valid, but also has the authority to test whether the investigation is legal or not, in the case that the case being investigated has ne bis in idem elements, the case being investigated has an error in persona, the case being investigated is strongly suspected of being a criminalization. Examination material in pretrial cases is not only on procedural law enforcement actions, but can enter case material so that a simple, fast, and low-cost trial can be well integrated in the criminal procedural law system. The pretrial institution as a control function can concretely guarantee the balance of rights of Indonesian citizens who are in contact with criminal cases, both as investigators, witnesses, and suspects.
The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors Teddy Asmara
Jurnal Akta Vol 9, No 2 (2022): June 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.v9i2.21053

Abstract

The execution by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to the justice of Pancasila. The method used was a non-doctrinal method. Based on the data obtained, it can be seen that the execution of bankruptcy as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture which shows that the execution of bankruptcy with collateral rights without having to go through bailing in court, the meaning of debtor insolvency should be an examination in court or through bailing related to the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors alone. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, in accordance with the view of respect for human values or human rights awards in the form of equality before the law so as to be able to realize social justice execution of bankruptcy that is able to protect the interests of separatist creditors while protecting debtors.
The Examination of Anti-Money Laundering Laws in Nigeria as International Law Overview Maruf Adeniyi Nasir
Jurnal Akta Vol 9, No 2 (2022): June 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.v9i2.21234

Abstract

The money laundering along with other economic and financial crimes continues to increase unabated. It remains one of the major problems of the country which has retarded immensely its growth and economic development. This research aims to examine the provisions of the current Anti-Money Laundering Act in Nigeria, as the country is under obligation to comply with the international standard, having signed and ratified “Vienna Convention and Palermo Convention”. This research used a doctrinal method which examined and analysed the provision of the Money Laundering (Prohibition) Act 2011. A deducible impression that this created is that it is either those laws are not effective or there is no political will to execute. Combating money laundering therefore requires more than having an array of legal framework. The implementation of those laws is germane for a desire result.