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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 Criminal Law & Muamalah Studies on the Affiliator Role of Binary Option Transaction Any Ismayawati; Inna Fauziatal
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.v9i2.22366

Abstract

The development of the digital world today has not been fully followed by the development of human capabilities in the digital field. This is what gives rise to various problems, especially in facing the trend of digital transactions, such as Binary Option. The most obvious impact in digital transactions is the emergence of affiliates who take huge profits on the losses of their transaction partners. Regarding to above statement, this study aims to explore the role of trading affiliater in digital transactions, the performative function of criminal law, and the perspective of sharia contracts in muamalah about Binary Option. The method of this research is normative research using a statutory approach in criminal law and sharia contracts in muamalah. The results showed that the role of affiliates in Binary Option is to influence business people to enter the circle of online type transactions, by promoting that Binary Option are fast, easy and very profitable transactions. In the perspective of criminal law shows that those committed by affiliates in Binary Option are included in the criminal act of fraud. Likewise in muamalah, digital transactions such as Binary Option are classified as prohibited transaction because it contains elements of Gharar and it is not called selling in Islam.
The Land Legal Politics in Creating the Prosperity of Indonesian Society Tiromsi Sitanggang; Sumarno Sumarno
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.v9i2.22689

Abstract

Land is a necessity that is needed by citizens, in the current era, it is inseparable from various kinds of interests that result in the occurrence of land politics. The purpose of this paper is to find out and analyze the politics of land law to create people's prosperity. The approach method uses a normative juridical approach. The results of the writing can be concluded that the politics of land law in creating people's prosperity is carried out by laying the foundations for the preparation of the National Agrarian Law, which will be a tool to bring prosperity, happiness, and justice to the state and people, especially the people. In the context of a just and prosperous society and the implementation of land law politics in creating people's prosperity, it is regulated that the distribution of land rights that can be granted can be distinguished as regulated in Article 16 paragraph (1) of the Basic Agrarian Law.
The Constitutionality of Notaries Honorary Assembly in the Enforcement of the Notary Ethics Code Sulistyowati Sulistyowati; Umar Ma’ruf; Deva Rita
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.v9i2.22761

Abstract

In general, Notaries are regulated in Act No. 30 of 2004 concerning the Position of Notary and Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Position of Notary. A notary, in this case, may also double as a Land Deed Making Officer. The research used normative juridical methods with descriptive analytics. Prioritizing secondary data, namely literature studies, verdicts, books, and others, as the primary data. Indonesia, as a country of law, of course, everything has been regulated by regulations. This applies to all sectors and professions in Indonesia, including notarial matters. The Notary Profession is a legal profession that is entirely in demand. The position of a Notary is considered a noble profession, but there are still notaries who make mistakes or are negligent in carrying out their positions. Therefore, an institution is required that carries out supervision of a Notary. The institution is now known as the Honorary Assembly of Notaries. However, the existence of the Notary Honorary Assembly has not entirely caused trust in the community because it is still considered to cover up the mistakes of notaries who have harmed the community in carrying out their duties. The recruitment process that has not been transparent and involves the public may be one of the causes of the lack of such trust. So, in this case, the Notary Honorary Assembly must update its recruitment pattern.
The Strengthening Position and Functions of Waqf on Nadzir as an Independent Institution Faisal Faisal; Nursariani Simatupang
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.v9i2.22955

Abstract

The purpose of writing in this study is to find out and analyze the position and function of nadzir Waqf as an independent institution so that it is expected to strengthen the role of nadzir Waqf in carrying out their duties, the approach used in this study uses normative juridical, the results of the research result state that Nadzir as the party who will determine the success of the Waqf implementation, only as an administrator who does not have more power, power and authority in managing the Waqf property that has been handed over to the Waqf. This is of course inseparable from the laws and regulations governing Nadzir Waqf itself as a guide in carrying out its activities, Nadzir Waqf in carrying out its duties and functions must pay attention to and be subject to various laws and regulations that are so many, many rules that must be obeyed by Nadzir made Nadzir inflexible in carrying out the development and management of the Waqf property.
The Effectiveness of Decentralization Policy in Local Government Administration Zaenal Arifin Hoesein; Arifudin Arifudin; Susi Dian Rahayu
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.v9i2.23544

Abstract

Article 18 paragraph (2) and paragraph (5) of the 1945 Constitution stipulates that the Regional Government is authorized to regulate and manage its own government affairs according to the principles of autonomy and co-administration and is granted the widest possible autonomy. The granting of the widest possible autonomy to regions is directed at accelerating the realization of community welfare through service improvement, empowerment, and community participation. Regional formation is basically intended to improve public services in order to accelerate the realization of community welfare as well as as a means of political education at the local level. For this reason, the formation of a region must take into account various factors such as economic capacity, regional potential, area, population, and considerations from socio-political, socio-cultural, defense and security aspects, as well as other considerations and conditions that enable the region to organize and realize the objectives of the establishment. By using descriptive analytical research method the results of this research are decentralization is the delegation of government power from the central government to regions to manage their own households, or regions are given autonomy to become autonomous regions. Decentralization is intended to give authority from the state government to local governments to regulate and manage certain affairs as their own household affairs. Therefore, the birth of Act No. 23 of 2014 concerning Regional Government, especially the essence of decentralization, is basically in the framework of accelerating the distribution of community welfare, especially in the regions.
The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee Anis Mashdurohatun; Gunarto Gunarto; Adhi Budi Susilo
Jurnal Akta Vol 9, No 3 (2022): September 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.v9i3.26756

Abstract

The transfer in Intellectual Property Rights (IPR) "can be transferred or transferred" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.
The Legal Comparison of Transfer of Object Fiduciary by Debtor to Third Party without Creditor's Approval Widhi Handoko; Bahtiyar Efendi
Jurnal Akta Vol 9, No 3 (2022): September 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.v9i3.26672

Abstract

The purpose of this study is to find out about the Fiduciary provider in the Consumer Financing agreement with the Fiduciary Guarantee contained in the Fiduciary Guarantee Deed, it is forbidden to transfer the Fiduciary guarantee object to another party without the approval of the Fiduciary Recipient. This is because in Act No. 42 of 1999 concerning Fiduciary Guarantees there are provisions regarding the prohibition to transfer objects of Fiduciary guarantees without the approval of Fiduciary Recipients to provide legal protection to Fiduciary Recipients. The research in this paper is a normative law research. In the debtor's relationship with a third party, there is no legal relationship because the transfer of the fiduciary object is not valid as stated in Article 1320 of the Civil Code concerning the conditions for the validity of the agreement. Articles 35 and 36 of the UUJF also regulate criminal sanctions that reaffirm the prohibition of transferring, mortgaging, or leasing fiduciary guarantees as objects. In connection with the principle of providing legal certainty, UUJF adopts the principle of registration of fiduciary guarantees. The benefit of a fiduciary agreement made in writing is that the creditor holding the fiduciary guarantee in his interest will demand the easiest way to prove the delivery of the guarantee to the debtor.
The Legal Ethics in Financial Technology: How is it Regulated? Yeheskiel Minggus Tiranda; Lutfi Trisandi Rizki
Jurnal Akta Vol 9, No 3 (2022): September 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.v9i3.24000

Abstract

The FinTech sector in ASEAN has grown dramatically. Southeast Asian FinTechs like GoJek and Grab grew from early roots to become digital economy behemoths. New players enter the fray on a regular basis, drawn in by their success and the region's market potential for the people. The purpose of this research is to find out the regulations and ethics of financial law that are used for the welfare of the people. The approach method used was a normative juridical approach, the results of the research result state that: Regulations or laws provide a level of trust, security, and comfort for the community and are something that the state must do without exception as a state of law. One form of protection is the establishment of laws or regulations relating to lending activities, specifically to protect users' rights. To ensure that this process is successful, the state intervenes in the contractual relationship between consumers and business actors, aiming to create a balanced relationship between users and business actors. Funder protection is concerned with protection. Law provided in an effort to obtain goods and services from potential losses due to their use.
The Analysis of Islamic Law About The Differences of Friday Sermon with The Two Azan Muarif, Yahya Zainul
JURNAL AKTA Vol 9, No 4 (2022): December 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.v9i4.27663

Abstract

This study aims to find out the Islamic law regarding the difference in the number of azan on Friday sermon. The difference is based on the opinion of the scholars who have a strong basis. The differences of opinion among the scientist, when examined in depth, will not actually be a cause of conflict, let alone divisions; instead, they are an alternative or choice in carrying out religious duties. For example, the scholars' differences regarding the Friday sermon with two call to prayer are part of the wealth of Islamic legal treasures which can be practiced at Friday sermon, both using two call to prayer or one call to prayer is sufficient as a call for Friday sermon. This study used a descriptive qualitative method with a literature study approach. The conclusion of this research is Friday sermon, its an opinion that is superior, namely the opinion that the Friday sermon should be performed with two azan, but there is no need to arrogantly humiliate people who perform Friday sermon with one call to prayer.
The Transaction E-Commerce in Islamic/Sharia Law Lathifah Hanim
Jurnal Akta Vol 9, No 3 (2022): September 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.v9i3.26720

Abstract

This research aims to know e-commerce systems, sellers and buyers do not meet in person, but meet in cyberspace with the goods to be transacted usually displayed in the catalog. This kind of transaction is actually quite profitable for both buyers and sellers. Although e-commerce has spread throughout the world, there are still many Muslims who do not know the status of their online buying and selling transactions from the perspective of Islamic law. The approach method used in this research is normative juridical. The e-commerce transactions as a new business trend in this modern economic era, are not an economic activity that is prohibited by Islamic law. The conclusion, the benefit of consumers, it can be seen in Act No. 8 of 1999 concerning Consumer Protection by providing administrative sanctions against the seller/business actor if he commits certain actions that are not in accordance with the provisions stipulated in the Act

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