Jurnal Akta
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
Articles
818 Documents
<![CDATA[The Human Resource Development Strategies in Improving Employee Performance in Cooperatives ]]>
<![CDATA[Nawir Yuslem]]>;
<![CDATA[Sugianto Sugianto]]>;
<![CDATA[Reza Nurul Ichsan]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.25745
<![CDATA[This research aims to find out and analyze human resource management strategies in improving employee performance in cooperatives and determine the results of SWOT analysis of employee performance improvement strategies with IFAS and EFAS matrix can be identified important factors both from the external environment and the internal environment that become strengths, weaknesses, opportunities and threats from improved performance. The research conducted in this study was qualitative descriptive using SWOT analysis. From the results of the analysis obtained growth strategy or growth oriented strategy, this strategy signifies the state of the company that is strong and able to continue to grow by taking opportunities and opportunities that exist. To achieve maximum turnover. This strategy was chosen because the calculation results are in quadrant I where the total weighted score of weaknesses is 2.710504 while the total weighted score of the opportunity-threat 2.653142. The position on this quadrant is very profitable and can be applied to the maximum.]]>
<![CDATA[The Implementation of a Complete Systematic Land Registration Program to Realize Legal Protection and Public Welfare ]]>
<![CDATA[Nareswari Kencana]]>;
<![CDATA[Liza Priandhini]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.26757
<![CDATA[Land registration is one of the government's efforts to overcome land problems in Indonesia. One of the government's programs in an effort to maximize land registration in Indonesia is through a complete systematic land registration (PTSL) program/policy to ensure legal certainty and protection in order to create prosperity in the land sector for the community. Therefore this study aims to examine the problems that often occur in the implementation of PTSL in South Tangerang City and provide input regarding the concept of law enforcement for the implementation of PTSL so that it can run optimally. This research is an empirical juridical research with a form of diagnostic and descriptive research using two data collection tools, namely the study of documents or library materials, and interviews with South Tangerang City ATR/BPN officials and the community. The results of the study show that there are many problems in the implementation of PTSL in South Tangerang City caused by the not yet optimal Legal Structure and Legal Culture besides that there are also many technical obstacles. Second, the enforcement efforts that can be carried out are improvements in legal structure and legal culture, including increasing the number of PTSL officers and providing massive education to the public about the importance of land registration and the legal consequences received when committing fraud in land registration.]]>
<![CDATA[The Position of Traditional Law as a Source of Law in the Civil Law System in Indonesia ]]>
<![CDATA[Dedi Iskandar]]>;
<![CDATA[Nelvitia Purba]]>;
<![CDATA[Ismed Batubara]]>;
<![CDATA[Yeltriana Yeltriana]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26719
<![CDATA[Indonesian law essentially comes from four sources of law, namely customary law, Islamic law, ex-colonial law and ratified international treaties. But what makes it sad is that from these four sources of law, customary law is left behind or forgotten, it looks inferior compared to other laws. In scientific forums it is only used as research material and academic studies and is narrated rhetorically. Against this background, the problem studied in this research is how the position of customary law in the national legal system with a civil law pattern in Indonesia is. The research method used is normative juridical sourced from primary, secondary and tertiary legal materials. The results show that traces of customary law are scattered in legislation, as legal principles in positive law in Indonesia and also in jurisprudence. Research findings that customary law fulfills two requirements of reality and ideals as the primary source of law in Indonesian legislation.]]>
<![CDATA[The Notary Law Politics in the Notary Position Act ]]>
<![CDATA[Agung Iriantoro]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26671
<![CDATA[This study aims to determine the legal politics of the political aspects behind the process of forming laws and policies in a particular field, as well as greatly influencing the performance of relevant government institutions in that field in applying the provisions of legal products and policies, and also determine the policies of these institutions in a practical and operational setting. This research is a qualitative research with a normative juridical approach. Notary activities in Indonesia are heavily influenced by politics and law itself. The conclusion is that political influence can be seen from the making of a political product in the form of a special law that regulates the position of a notary, namely Act No. 2 of 2014 jo. No. 30 of 2004 concerning the Position of a Notary. And the status of Indonesia, which is a state of law, of course, will also affect the actions and actions of notaries because they must be guided by the applicable laws.]]>
<![CDATA[The Implementation of Legal Position Regulation of Head of Services/Agency in Local Government ]]>
<![CDATA[Permadi Setyonagoro]]>;
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Slamet Hari Sutanto]]>;
<![CDATA[Galih Puji Mulyono]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.27505
<![CDATA[The modern rule of law is a basic concept in every government activity. In the development of state administration, government activities are no longer just implementing laws as described in the trias politica concept, but also attaching the authority to make regulations, a decision that is regulating as a legal forum for policies issued. This study aims to analyze the legal position of the head of service/agency regulations that have been used in the administration of local government. The research method used is legal research with a statue approach, and a conceptual approach. The result of this research is that the regulation of the head of the service/agency does not have a position in the legislation as intended in the Act. This study is a normative juridical study, which is aimed at examining legal principles, legal systematics, research on vertical and horizontal synchronization, legal comparisons, and legal history. The result of this research is that the regulation of the head of the service/agency that administers the regional government does not have a legal position in the hierarchy of laws and regulations as regulated in the Act. Material and formal regulations of the head of service/agency are not legal products that contain rageling material. The regulation issued as a form of discretion by the head of the service/agency should only be in the form of a circular letter.]]>
<![CDATA[The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary ]]>
<![CDATA[I Nyoman Sujana]]>;
<![CDATA[I Made Pria Dharsana]]>;
<![CDATA[Ni Putu Indianita Cahyanti]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.22340
<![CDATA[This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary. ]]>
<![CDATA[The Prudential Banking Principles in Providing Subsidized Housing Loans ]]>
<![CDATA[Dora Kusumastuti]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.22556
<![CDATA[The home ownership loans are one type of credit service provided by banks to customers who want special loans to meet the needs of home ownership. Credit disbursement by banks must be carried out with the principle of prudence (prudential banking), and must go through a careful analysis of the 5C's of Credit aspects, so that the loans that will be given can be returned on time. In reality, often loans that have been distributed to debtors become non-performing loans. This study discusses the implementation of the precautionary principle and the problems faced by banks in providing subsidized mortgages. This type of research is a normative juridical research with data sources from primary, secondary and tertiary legal materials. Using literature study as a collection technique. The results of this study explain that in implementing the prudential principle of banking in providing subsidized mortgage loans, the 5C's of Credit aspects are used. And in its implementation it uses Act No. 7 of 1992. There are obstacles in the implementation of the precautionary principle, starting from the various aspects of the character of the debtor, the uncooperativeness of the debtor and the mortgage house itself whose facilities are incomplete, causing a lack of interest from the public and the lack of socialization of the minimum period of use of subsidized housing.]]>
<![CDATA[The Public-Private Partnership as Legal Instrument in the State and Regional Property Management: Challenges and Development ]]>
<![CDATA[Muhammad Ilham Arisaputra]]>;
<![CDATA[Irwansyah Irwansyah]]>;
<![CDATA[Anshori Ilyas]]>;
<![CDATA[Ahsan Yunus]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.25174
<![CDATA[This research aims to know the dynamics of the development of people’s lives are getting more advanced and the government's burden as the government administrator is increasing. This research is legal research using the statutory and conceptual approaches. This paper provides information on the latest trend in research. The results show that all State or regional property is used to maximize public services. Even some State/regional properties should be able to be enjoyed by the public. The existence of the Government and Private Entity Cooperation as one of the legal figures, which is a model of cooperation financing for the provision of infrastructure for State/regional property, in the end, actually raises legal problems related to its management. The conclusion show that the most important problem is the Government and Private Entity Cooperation, the potential for merging of public and private affairs that may participate in the provision of commercial facilities. Ideally, the Government and Private Entity Cooperation are intended to provide social and economic infrastructure in the context of public services.]]>
<![CDATA[Exploring the Intellectual Property Rights Potential of an Intangible Heritage ]]>
<![CDATA[Hasbir Paserangi]]>;
<![CDATA[Ahsan Yunus]]>;
<![CDATA[Riyad Febrian Anwar]]>
<![CDATA[ Jurnal Akta Vol 9, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i3.26268
<![CDATA[This Article discusses the unique and distinct characteristics of Songkok to Bone product as economic potential product with promising market share to reach countries such as Malaysia and Singapore. However, until now, this potential has not been accommodated with protective efforts to secure the intellectual property rights aspect of this product, namely geographical indications. The purpose of this study was to analyze the potential protection of intellectual property rights in the form of Geographical Indications for Songkok to Bone products. The approach method used in this research is a normative and empirical approach by reviewing the laws and regulations relating to Geographical Indications and conducting direct interviews with the local government of Bone Regency and Songkok To Bone craftsmen in Paccing Village and Compong e Village in the District of Awangpone, Bone Regency. The results showed that the ignorance of the craftsman community (including the local government in Bone Regency) about the importance of protecting intellectual property rights for the songkok to bone product as well as the economic benefits of the registration, became the driving factors that the Songkok To Bone product had not been registered as a Geographical Indication Rights for the people of the Bone Regency, especially by the Songkok To Bone craftsmen.]]>
<![CDATA[The Model Regulation of Know Your Customer Principles in Technology-Based Lending and Borrowing in Indonesia ]]>
<![CDATA[Putri Purbasari Raharningtyas Marditia]]>;
<![CDATA[Ridani Faulika]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.22560
<![CDATA[The Financial Services Authority Regulation Number 77 /POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services does not provide details on the process of applying the know-your-customer principle. As Article 42 of the Financial Services Authority Regulation Number 77 /POJK.01/2016 only states that organizers are required to implement anti-money laundering and terrorism financing prevention programs in the financial services sector. Cases on users who can use many online loan applications (pinjol) unfairly, proves that there are loan companies disregarding the background, eligibility and ability of the borrower or known as credit scoring, which is the method used by a financing institution/bank in determining whether or not it is appropriate to receive a loan from the institution. Currently, the Financial Services Authority (OJK) itself has prepared a Draft OJK Circular Letter (RSEOJK) on Guidelines for the Implementation of Anti-Money Laundering and Prevention of Terrorism Financing Programs for Information Technology-Based Borrowing-Lending Service Providers which can be used as a basis for implementing KYC p2p lending activities in Indonesia. This research is conducted based on the above, the writing method is a normative juridical method with a statutory and conceptual approach. The purpose of this study is to provide an overview and analysis related to the implementation of KYC consisting of Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD), which may provide better protection than previous regulations. Based on this, the writer is interested in doing this research]]>
