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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 Execution of Fiduciary Guarantees After Constitutional Court Decision No.2/PUU-XIX/2021 Lathifah Hanim; Munsharif Abdul Chalim; MS. Noorman
JURNAL AKTA Vol 10, No 1 (2023): March 2023
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.v10i1.30410

Abstract

The Constitutional Court stated that the Irah-irah for the sake of justice based on belief in the One and Only God does not automatically have executive power. The research objective is to analyze the Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021 and analyze the obstacles and solutions in implementing the Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021. The research method is empirical juridical, supported by primary data and secondary data, with data collection techniques in the form of literature and interviews. Execution of Fiduciary Guarantees Post Constitutional Court Decision No.2/PUU-XIX/2021, namely that creditors cannot carry out forced executions themselves, for example by asking for assistance from the police, if there is a breach of contract (default) by the fiduciary right giver (debtor) against the creditor which are still not recognized by the debtor and the debtor objects to voluntarily handing over objects that are the object of the fiduciary agreement. The Court has reaffirmed in the Constitutional Court Decision Number 2/PUU-XIX/2021 that creditors must submit a request for execution to the District Court. and analyzing the obstacles and solutions in implementing the Execution of Fiduciary Guarantees after the Constitutional Court Decision No.2/PUU-XIX/2021. that is, many consumers do not understand that when they enter into a leasing agreement, they will only lease, they are actually renting their vehicle, they have to pay the rent every month, so when they are in arrears, even if they only have three months left, their vehicle must be taken by the creditor. This is an unfair regulation for consumers. On the one hand, the consumer has paid the specified down payment, on the other hand, the vehicle can be picked up at any time, regardless of how many months the remaining arrears are. There are deficiencies in Article 15 paragraphs (2) and (3) of the Fiduciary Guarantee Law which do not explain the procedure for executing the Fiduciary Guarantee Certificate, and do not regulate the mechanism for determining "default debtor". Thus giving rise to the understanding that this article gives legitimacy to creditors to carry out executions immediately without proper legal procedures and creates arbitrariness on the part of recipients of fiduciary guarantees.
Pandongani Boru Tradition in Padang Lawas Muslim Community Wedding from the Perspective of `Urf Paet Hasibuan; Sukiati Sukiati
JURNAL AKTA Vol 10, No 2 (2023): June 2023
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.v10i2.33412

Abstract

Pandongani Boru is a tradition of the Padang Lawas community in which a girl accompanies the bride when she is brought to the martua's house directly after the wedding party is over. If the Pandongani Boru tradition is not carried out, the marriage of the bride and groom is considered invalid by traditional leaders and the community is prohibited from assisting in the implementation of the wedding party. This tradition is not regulated in Islamic law, but to this day the community still implements and dares not abandon this Pandongani Boru tradition. This study aims to find out the views of the Padang Lawas Muslim community towards the Pandongani Boru tradition. In addition, this study also aims to find out the reasons why the people of Padang Lawas still maintain the Pandongani Boru tradition in their marriage ceremony. The next objective of this study is to find out the Pandongani Boru tradition in the Padang Lawas Muslim community based on the `Urf review. By using qualitative research methods, data was collected by interviewing the participants. This study found that the results of the research found by researchers that the Pandongani Boru tradition is a tradition that has been carried out by the community from the past until now. The reason they carry out pandongani is because this tradition does not conflict with Islamic law. And to maintain good customary kinship relations. This research concludes that traditions accepted through the perspective of `Urf can be adopted by Islamic law. And that customary law and Islamic law still coexist harmoniously in Indonesian society. This research contributes to the strengthening of theories of the intersection of Islamic law and customary law in Indonesia.
One Solution of Digitizing Land Services to Prevent Land Mafia in Nigeria Olatunji Austine Kehinde
Jurnal Akta Vol 10, No 3 (2023): September 2023
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.v10i2.33327

Abstract

This research aims to analyze the solution of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Nigeria, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
The Digitalizing Agrarian Land Services to Counter Land Mafia in Vietnam Nguyễn Hữu Thọ
Jurnal Akta Vol 10, No 2 (2023): June 2023
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.v10i2.33392

Abstract

This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Vietnam, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
The Handling of Credit Problems in Bank Financial Restruction Kaukazu Shimura
Jurnal Akta Vol 10, No 3 (2023): September 2023
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.v10i2.33328

Abstract

The effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
Fiqh Munakahat Review on Divorce Caused by Parental Interference in Padang Lawas District Pahrur Rozi Hasibuan; Sahmiar Pulungan; Fatimah Zahara
JURNAL AKTA Vol 10, No 2 (2023): June 2023
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.v10i2.33382

Abstract

Marriage is an act ordered by Allah and also recommended by the Prophet. Household stability and continuity of life between husband and wife are the main goals of marriage and this is very much taken into account by Islamic law. Carrying out married life does not require the possibility of divisions and disputes that cause the condition of the household to experience disharmony. It is phenomenal that more involvement by parents in the household will lead to dependency problems which always involve the parents and are not discussed beforehand between husband and wife, the existence of the family can sometimes be a problem in the household. So the relationship between in-laws and daughters-in-law often becomes a thorny relationship. This case will be studied from the Fiqh Munakahat legal review. Divorce based on the wishes of parents that occurs in the Padang Lawas community is not valid, because there are conditions and harmony that are not fulfilled. The will and willingness to carry out an action are the basis for taklif.
The Legal Protection of Children's Rights due to Parental Divorce in Islamic Family Law in Predominantly Muslim Countries Budi Prasetyo; Haitham Abdulwahhab Mohammed B.
JURNAL AKTA Vol 10, No 1 (2023): March 2023
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.v10i1.29822

Abstract

The divorce is a legal event whose consequences are regulated by law. According to Islamic Family Law, it is considered as legal event that has legal consequences for both couple and the children. Many Islamic countries has specified the consequence of divorce law for the legal protection of children as that both fathers and mothers must still maintain and educate their children. Now, their legal systems have extended the interests of the child in both regulations and court decisions. The issue of legal protection for children and the obligations of parents to children has been regulated in various laws and regulations in some Islamic countries. Court decisions obliged the parents to fulfill children's rights as a form of legal protection for children. The purpose of this study is to investigate the legal protection of children due to parental divorce in some Islamic countries. The object for the research was the regulations in the form of Islamic Family Law in Indonesia, Malaysia and Bangladesh. The method is normative juridical with library research technique by analyzing legal documents in the forms of legal literature, regulations or legislation. The findings of this study highlight the role of decision makers and related institutions to strengthen the magnitude of family law and human rights in providing legal protection for children. The findings are desirable to become a practical and theoretical reference in synchronizing the interests between justice values and the need for family law reconstruction to fulfil children’s interests in parental divorce cases.
The Roya HT-EL on Debt Repayment by Third Parties Nurfaidah Said; Marwah Marwah; Sri Wahyuni Yusuf
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32247

Abstract

This study examines the implementation of HT-El Roya as it pertains to the debt repayment of debtors using funds from third parties. This study is an empirical investigation. Purposive sampling was used to determine the sample size, and Technic data was gathered through interviews and analyzed using qualitative methods. According to government regulation No. 5 of 2020 concerning Electronic Dependent Rights Services, the application for HT-El companies conducted after the debtor pays off the debt to creditors can only be submitted through a BPN partner account that belongs to the creditor. With the debtor's obligation satisfied, the application for a dependent right must be submitted immediately in accordance with the most recent land registration principles. To keep the data at the Land Office up-to-date and in accordance with current circumstances, current land registration principles are required. This is intended to prevent future disputes. Roya liability may also be established for a portion of the collateralized debt, which is known as partial Roya. According to the provisions of Article 18 paragraph 1 of the Agrarian Regulation Number 5 of 2020, creditors are required to immediately register the removal of dependent rights upon payment of the receivables. Immediately in the article does not guarantee when the creditor will submit an application for Roya to the Land Office, despite the fact that the debtor has repaid the debt. In this instance, Roya HT-El depends on the creditor's willingness to submit a request for Roya to the Land Office. If funds from Third Parties are used in the repayment process and the old Creditor Party has not submitted a Roya request to the Land Office, the legal position of the new creditor will be affected. The authority to submit requests for HT-El Roya supposedly extends beyond creditors. Given that third parties can facilitate the credit repayment process, which in this context is known as credit takeover or subrogation.
The Principle of Contrarius Actus in the Dispute Over the Appointment of the Acting Regent of Padang Lawas Regency Andrew Amanah Carnegie Hasibuan; Irwansyah Irwansyah
JURNAL AKTA Vol 10, No 2 (2023): June 2023
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.v10i2.33383

Abstract

This research discusses the Principle of Contrarius Actus in the Appointment Dispute for the Regent of Padang Lawas. This research uses the observation method. The observation method is a process of observing the five senses, interviews are to get answers by asking questions and answers, documentation is past notes and literature study is collecting the required documents. The research approach used is an empirical juridical approach aimed at obtaining primary data and secondary data through field research and library research. Researchers obtain sources through literature studies in the form of articles, journals, document studies in the form of photographs and field studies by means of interviews and observations. In the discussion, we know a lot that the New Order government and regions could not develop optimally because the political and economic system built by the New Order government was very centralized. On November 24 2021, a problem arose between the regent and the deputy regent of Padang Lawas regarding the issuance of a letter issued by the Governor of North Sumatra number 132/12201/2021 regarding the deputy regent of Padang Lawas as acting Regent of Padang Lawas, where the contents of the letter lacked careful consideration and it seemed like they were in a hurry, proven by the fact that the regent's health was not checked. The publication of the letter issued by the Governor of North Sumatra resulted in the regent no longer being able to carry out his duties, authority and functions as Regent of Padang Lawas comprehensively. The occurrence of a conflict between the Regent and Deputy Regent of Padang Lawas resulted in the loss of rights and obligations in carrying out their duties and authority as regent.
The Evaluation of Notary Studies Globally: Bibliometric Analysis Satrio Abdillah
JURNAL AKTA Vol 10, No 3 (2023): September 2023
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.v10i2.32749

Abstract

This study aims to investigate research trends on notarial topics in published documents globally, including identifying the position of Indonesian research in this context and issues that require further exploration in this discipline. This research method involves collecting data on notary publications from various indexed journal sources in the Scopus database. Scopus was chosen because it is a popular and trusted indexer. This data was then analyzed bibliometrically to identify trends in the number of publications, the most prolific authors, and documents frequently cited in the notary field, including the research topics discussed. In addition, the position of Indonesian research in international databases is also evaluated. The research findings show that notarization is an important and fast-growing field in the global legal system. Notarial publications have steadily increased in recent years, reflecting the growing interest in the discipline globally. This research also reveals that Indonesia has contributed many publications in notary affairs, but there is still potential for further development. Topics such as digital notarization and smart contracts stand out as areas that require further exploration. This indicates the importance of adapting to technological developments and changes in legal practice. Thus, this research provides a deeper understanding of the urgency and position of the notary in navigating an increasingly complex and globally connected legal era.

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