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 Essence of Rationality Concept in Contracting Islamic Economics Business ]]>
<![CDATA[Wahyudi, Trubus]]>
<![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.v9i4.21007
<![CDATA[This research aims to know the paradigm of sharia economic business contracting activities carried out by humans as God's caliphs on earth should be carried out in good faith and understand the concept of contractual rationality and the obligation to help each other in carrying out Islamic economic activities which aim, among other things, to worship Allah SWT. Humans are ordered to believe in the Day of Judgment, because all the behavior of human economic activities will be controlled and he is aware that all his actions will be held accountable later by Allah SWT. In the matter of contracting/agreements, Islam provides guidelines as stated in the letter Al Isra'(17) verse 34 which means: "And fulfill the promise, in fact the promise must be held accountable". The approach method used in this paper is the normative juridical approach. Normative juridical legal research is legal research carried out by examining the law legally as it is according to library materials or secondary data obtained and related to the material being studied. Secondary data is meant to collect data by means of library research in order to obtain a theoretical basis, which is grouped into 3 (three) legal materials, namely 1) primary legal materials, 2) Secondary legal materials. 3) Tertiary Legal Materials, namely legal materials that are supporting in nature to be able to provide instructions and explanations for primary and secondary legal materials. The purpose of discussing the article with the title Essence of the Concept of Rationality in Shari'ah economic business contracts is to reveal the very essence of how Islam provide a compass direction and solutions for various economic business contracting activities that are faced by humans in general, so that they get a handle on the boundaries of halal and haram related to the values contained in the teachings of Islam itself ; including the birth of a contract in a sharia economic business which is the main guide in contracting sharia economic business, therefore an actor in a sharia economic business contract must understand the concept of rationality in contracting sharia economic business, universally aiming to achieve mashlahah and or falah.]]>
<![CDATA[The Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War ]]>
<![CDATA[Marwah Marwah]]>
<![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.v9i4.25511
<![CDATA[The predatory pricing is inherently a dynamic strategy typically taking place in a single market, whereby a firm incurs a sacrifice in the short run to exclude competitors, in order to acquire a dominant position. In order to establish fair business growth and ensure equal business opportunities, a healthy environment for the business competition is highly needed. Since 2014, the market share of the ride-hailing sector in Indonesia has been dominated by three providers, namely Grab, Gojek, and Maxim. The three companies provide subsidies and discounts on services-price so that users' rates are cheaper than conventional taxis. This certainly has led to unfair competition and is very detrimental to conventional taxi. This research is normative juridical research that uses a statutory approach and a conceptual approach to analyze the alleged predatory pricing practices in the ride-hailing industry in Indonesia from the perspective of business competition law. The results show that the imposition of unfair prices can be seen from prices gap shown in the application with prices imposition, which should be based on travel distance in order to acquire a dominant position allowing it to recoup its losses and earn supracompetitive profits in the long run. This pattern of sacrifice-then-recoupment is found in the case law as well.]]>
<![CDATA[The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public ]]>
<![CDATA[Samosir, Tetti]]>;
<![CDATA[Harlina, Indah]]>;
<![CDATA[Akbar, Fikri Miftakhul]]>
<![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.v9i4.27920
<![CDATA[The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.]]>
<![CDATA[The Re-Narrate the Relevance of Justice in Debtor Protection Related to the Parate Execution Carried Out by Separatist Creditors ]]>
<![CDATA[Riyanto, Taufan Fajar]]>;
<![CDATA[Taufiq, Muhammad]]>
<![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.v9i4.27980
<![CDATA[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. 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 is widely known that the door to justice in bankruptcy cases is the judge's decision. 3) It is necessary to reconstruct Article 55 and Article 56 of Act No. 37 of 2004. So that the provisions of Article 55 and Article 56 of Act No. 37 of 2004 read: Article 55 of Act No. 37 of 2004: 1) Due to observance of the provisions as referred to in Article 56, Article 57, and Article 58, each Creditor holding a lien, fiduciary guarantee, mortgage, mortgage, or other collateral right, may exercise his rights as if there had been no bankruptcy.]]>
<![CDATA[The Legal Study of Electronic Contracts in Buying Selling based on the Legal System in Indonesia ]]>
<![CDATA[Aryani Witasari]]>
<![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.v9i4.28589
<![CDATA[The current development of contract law is no longer limited to contract agreements made conventionally, but has developed in contract agreements made electronically. The purpose of this study is to analyze the position of electronic contracts based on the legal system in Indonesia. The research method used is through a normative juridical approach by describing and analyzing the results of the research qualitatively in relation to the laws and regulations that form the basis of the study. The results of the discussion show that the contract law system in Indonesia adheres to an open system based on the principle of freedom of contract. Everyone is free to enter into an agreement in any way and regardless of its form, as long as it fulfills the requirements for the validity of the agreement as stipulated in the provisions of Article 1320 of the Civil Code. Contracts made electronically by the parties, as long as they comply with the provisions of Article 1320 of the Civil Code, remain valid. One problem that often arises is proving the existence of an agreement between the parties, because in contracts made electronically, the original signatures of the parties are usually not attached.]]>
<![CDATA[The Comparative Study of Notary in Indonesia & Malaysia with Two Differences Law System (Civil Law & Common Law) ]]>
<![CDATA[Victoria, Ong Argo]]>;
<![CDATA[Kusriyah, Sri]]>
<![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.v9i4.28784
<![CDATA[This research aims to know the comparison of law system of notary in Indonesia and Malaysia with two differences system both are civil law and common law and also to know notary’s authorized to make authentic deeds regarding all actions, agreements and provisions required by the laws and regulations and/or that the interested party wants to be stated in the authentic deed, guarantees the certainty of the deed creation date, keeps the deed, provides grosse, copies and excerpts of the deed , all of them as long as the deeds are drawn up, they are not assigned or exempted from other officials or other people as stipulated by law. Therefore, the general power (openbaar gezaag) based on the law assigns the officer concerned to produce written evidence as desired by the parties with authentic power. The approach method used in this study is primarily a descriptive analysis approach with legal comparison methods. This means that all notaries must comply with the Notary Code of Ethics. What is stated in the notary code of ethics made by the INI organization which is the only notary organization that is legally incorporated in accordance with UUJN. The result means that all notaries must comply with the Notary Code of Ethics. While starting January 5, 2015 the Embassy in Kuala Lumpur requires appointments for all notarial services. Please bring your appointment confirmation sheet and arrive at the embassy 10 minutes before the appointment time. It can provide most of the same notarial services that a public notary is authorized by law to perform within the United States. Services are similary available as in U.S. and to foreign nationals with documents intended for use within the U.S. By following to the ACS Unit when requesting notary services: The documents to be notarized, including attachments, if any. The passport and  one  other  photo  identification.  Witnesses,  if required. (Consular staff are not alloitd to serve as witnesses.) $50.00 or the equivalent in Malaysian ringgit for each seal. Notary fees can be paid in cash or by credit card.]]>
<![CDATA[The Form of Officer of Land Deed Officer (PPAT) in Distribution of Rights to Land Joint Assets Post Divorce ]]>
<![CDATA[Putu Ayu Sriasih Wesna]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Putu Wira Atmaja]]>
<![CDATA[ JURNAL AKTA Vol 10, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v10i1.27506
<![CDATA[The distribution of land rights to joint assets after the divorce needs to use a deed made by PPAT, because basically PPAT is a Land Deed Maker Official whose main task is to carry out some land registration activities by making a deed as evidence that a legal action has been taken regarding land rights or property rights. For the Flats Unit, which will be used as the basis for the registration of changes in land registration data caused by the legal act. The type of research used is normative legal research, with a research approach to legislation and concepts. Legal materials consist of primary and secondary legal materials. The analytical method used is description, evaluation, argumentation and interpretation. The deed of collective agreement can be used as the basis for entering the name of the ex-wife or ex-husband that has not been recorded in the certificate due to joint ownership which must be divided due to divorce as stated in PP 24 of 1997 Article 37 paragraph (2) regarding land registration. As long as the head of the national land agency office judges that the truth is sufficient, it can be implemented, because the National Land Agency is a government institution that has discretionary authority as stated in Act No. 30 of 2014 concerning government administration. From the names that have emerged between the ex-husband and the ex-wife, the process of Sharing Joint Rights is carried out using the APHB Deed (Deed of Sharing Joint Rights) made by PPAT.]]>
<![CDATA[The Legal Protection in Crime of E-Commerce Transactions ]]>
<![CDATA[Muhammad Citra Ramadhan]]>;
<![CDATA[Dahlia Kusuma Dewi]]>;
<![CDATA[Yasmirah Mandasari Saragih]]>
<![CDATA[ JURNAL AKTA Vol 10, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v10i1.30010
<![CDATA[The E-commerce can usually be carried out between business actors, marketplace owners and also with consumers, including the use of the internet and the World Wide Web which is used to sell products and services for consumers. The provisions of Article 1 point 2 of Act No. 11 of 2008 in conjunction with Act No. 19 of 2016 Concerning Electronic Information and Transactions, state that electronic transactions are legal acts carried out using computers, computer networks or electronic media. Electronic buying and selling transactions (E-Commerce) is one of the embodiments of the provisions above. The type of research used in this study is the normative juridical type. The normative juridical research method is a research method that refers to the legal norms contained in laws and regulations. The research used in this research is descriptive analytical research. The classification of prohibited acts in the ITE Law is regulated in nine articles, from Article 27 to Article 37. The construction of these articles regulates in more detail the development of traditional crime modes as stated in the Criminal Code (KUHP). Buying and selling transactions, even though they are carried out online, based on the ITE Law and PP PSTE are still recognized as electronic transactions that can be accounted for. The Electronic Contract itself according to Article 48 paragraph (3) PP PSTE must at least contain the following matters; party identity data; object and specification; Electronic Transaction requirements; prices and fees; procedures in the event of cancellation by the parties; provisions that give the right to the aggrieved party to be able to return the goods and/or request a product replacement if there are hidden defects; and the choice of law for settlement of Electronic Transactions.]]>
<![CDATA[Legal Protection For Children In Conflict With The Law Through Virtual Courts: Implementation Of The United Nation Convention On The Rights Of The Child. ]]>
<![CDATA[Rizki Adi Pinandito]]>;
<![CDATA[R Sugiharto]]>
<![CDATA[ JURNAL AKTA Vol 10, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v10i1.30027
<![CDATA[AbstractThe conventional juvenile justice system has a bad impact on children's lives. The negative effects continue after the child is sentenced to a sentence, such as continuous stigma, trauma until the child is expelled from school which then has an impact on dropping out of school. This study aims to determine how the legal protection of the rights of children who are in conflict with the law based on positive law in Indonesia and the United Nations Convention On The Rights Of The Child and how the urgency of virtual justice can be an alternative juvenile justice in Indonesia. This research was conducted using a literature study method through juridical analysis with a normative juridical approach. From the results of the study, it was found that positive law in Indonesia has provided regulations regarding legal protection of the rights of children who are in conflict with the law. Virtual justice can be an alternative model for implementing courts for children and still be able to maintain the dignity of children.]]>
<![CDATA[The Problems with Apartments and Land Acquisition in Australia for Foreign Citizens (An International Overview) ]]>
<![CDATA[Margaret Glompy]]>
<![CDATA[ Jurnal Akta Vol 10, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v10i1.30421
<![CDATA[This research aims to determine the quality of apartment buildings in Australia which are now in the spotlight, after the last case experienced by residents of the Mascot Towers complex in Sydney. They had to be evacuated because of cracks in the building. Previously also in Sydney, about 3,000 residents of the Opal Towers apartment were evacuated due to the collapse of the building's supporting beams. This research is a qualitative research in which the researchers themselves are engaged in the field as a key instrument. The results and discussion show that a number of apartment owners in other cities who were contacted explained that they are now worried that the structure of their apartment buildings is not safe to live in. They also had to pay for the damage themselves. One of them is John Grant, who owns an apartment in Canberra that he bought for $640,000 in 2011. Not long ago, cracks appeared that spread across the floor of the apartment parking lot. Grant said he had information that the crack could be repaired, but that the cost was estimated at $9 million. If this cost is to be borne by the owners of the apartments in the complex, each must pay $75,000. The conclusion in this study is that due to the inconvenience of existing apartments, apartment owners are now filing lawsuits against contractors, developers and designers of their apartment buildings.]]>
