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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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Juridical Analysis of Therapeutic Transactions as A Form of Agreement Between Doctors and Patients Fitra Deni; Nelly Esterlina; Fikri Miftakhul Akbar
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.v10i2.32467

Abstract

The problems in therapeutic transaction still happen frequently between doctors and the patients in hospitals, because the agreement is considered as outcome agreement, not effort. Patients expect recovery after entrusting the treatment to doctors, while doctors understand their responsibility is to give the best treatment to the patients with his knowledge and the standard operational procedure, hence, recovery is not their responsibility. Generally, doctors often overcome such problems. As a result, society considers doctors untouchables. In this paper, the issue raised in the case of decision Number 1315 / K / PDT / 2019 is whether the therapeutic agreement can provide protection to patients and how the judge considers in cases of acts against the law on the therapeutic agreement. Using normative law research method, this study concludes that therapeutic agreement cannot protect patients without agreement about recovery or result, but about the right effort to heal patients. The result show a therapeutic agreement cannot provide legal protection if it refers to the object of the patient's recovery rather than appropriate efforts for the patient's recovery because the therapeutic agreement has special characteristics and features.
The Problems of Implementation of Electronic GMS on the Making of Relaas Notary Deed Syifa Rana Tsary; Silaas Oghenemaro Emovwodo
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.v10i2.24897

Abstract

This study examines the development of the digitalization era in the legal field, especially the electronic General Meeting of Shareholders (GMS) regulated by law. The formulation of the research problem is how the electronic GMS according to positive law in Indonesia and how the impact on the notarial deed related to the implementation of the electronic GMS. The research method used is normative and literature study, based on primary legal materials (statutory regulations), secondary legal materials (scientific works, journals, books, documents and other literature), and tertiary legal materials (legal dictionaries). The results of this study are that the E-GMS has been legally enforced, because it is regulated in Article 77 of the Company Law and POJK Number 16/Pojk.04/2020, so that the organs of the Limited Liability Company can carry out the GMS as usual without being physically present in order to break the chain of the Covid-19 pandemic. Although the e-GMS arrangements have been clearly regulated in the legislation, the lex specialist derogat lex generalist principle cannot be ignored, Article 16 paragraph (1) letter (m) and Article 18 UUJN are still prioritized, so that the electronic deed of the GMS cannot be carried out or will resulting in the legal force of the proof being a private deed.
The Legal Consequences for Victims in Illegal Online Loan Agreements Kasmanto Rinaldi
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.v10i2.32761

Abstract

Technological developments touch the financial sector to produce a new innovative product called illegal online loans. Behind the convenience and practicality of illegal online loans, there are negative impacts that arise. The large growth of illegal online loans in Indonesia makes this a serious problem. The reason is because illegal online loans cause losses to victims and commit crimes in their operations. Illegal online loans have no legality in operation. So this creates new legal consequences in this matter. The purpose of this research is to look at the legal consequences of illegal online loan agreements. The method used in this research is a qualitative research method. The results of this study are that illegal online loans do not fulfill the legal terms of the agreement in accordance with the provisions contained in article 1320 of the Civil Code. So the agreement is considered invalid and never existed. However, victims of illegal online loans still have the obligation to pay their debts to illegal online lenders as a form of responsibility.
The Application of Legal Certainty on Electronic Certificates in Indonesian Agrarian Law Firdo Lingga
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.v10i2.33391

Abstract

In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. This research aims to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage.
Land Abandonment in Indonesia: Perspective of National Land Law and Islamic Law Adinata, Hendrix; Ichsan, Muchammad
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.33908

Abstract

The increasing number of people causes the need for land to increase. On the other hand, there is still a lot of land neglect by individuals and legal entities, giving rise to social, economic, and people's welfare disparities and reducing environmental quality. This study aims to determine and analyze land abandonment from the perspective of national land law and Islamic law. The writing method uses juridical-normative legal research examining library materials or secondary data. The research results show that land abandonment from the perspective of national land law is currently regulated in the Regulation of the Government of the Republic of Indonesia Number 20 of 2021 concerning Controlling Abandoned Areas and Land. Abandoned freehold land becomes the object of control over abandoned land with the provision that it is not used, exploited, or maintained for 20 years. Meanwhile, land with building use rights, use rights, management rights, and business use rights becomes the object of controlling abandoned land if it is not used, utilized, or maintained for two years from the issuance of the rights. Meanwhile, from the perspective of Islamic law, land abandonment can be seen from the opinions of the Hambali, Syafi'i, and Maliki Fuqaha. The Hambali School stipulates three years for cultivating land. If the land cannot be developed within that time, the rights to the land will be lost, and the State will take the land to be distributed to other people. Meanwhile, the Syafi'i and Maliki schools do not determine a specific period but solely based on why the ground is not cultivated.
The Position of Joint Assets Regarding the Existence of Marriage Agreements That Are Not Registered with the Dukcapil Chaerunnisa, Chantiqa Dwi Ayudhia; Hartati, Endah
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.37136

Abstract

This research aims to analyze the position of joint assets in the presence of a marriage agreement that is not registered with Dukcapil after divorce based on the Marriage Law Number 1 of 1974 and the circular letter of the Ministry of Home Affairs Number 472.2/5876/DUKCAPIL in the case of decision number 2772/Pdt. G/PA CBN, namely the contents of the marriage agreement, regulates the separation of movable and immovable assets. However, the judge in his decision did not grant the request of the party who had movable assets in the marriage. This type of research is normative juridical research originating from literature studies. Regarding the results of this research analysis, namely that a marriage agreement that has never been registered with a marriage registrar cannot apply to third parties regarding the division of marital assets with a marriage agreement but remains valid between both parties. As a result, assets obtained during the marriage period are not mixed into joint assets and become the assets of each husband and wife which were acquired during the marriage. Based on the analysis that has been carried out, it is recommended that the government strengthen Article 29 paragraph 1 of the Marriage Law to state that a marriage agreement must be made in the form of a notarial deed and followed by registration with a marriage registrar so as not to raise doubts about the validity of the marriage agreement that has been made.
The Administrative Law Problems in Recording Marriage Which No Recorded in The Family Card (KK) Moh Taufik; Najmudin Najmudin
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.36631

Abstract

This research aims to know how regulations recording marital status with no recorded in family card at the Population & Registration Service Civil Office & Problems law what will appear related policy recording marital status No recorded in Family card Service Population & Recording Civil especially in Sudur from the point of view of State Administrative Law. This study use literature approach and juridical normative, with use draft marriage & compatibility between Law of Marriage & Regulation Minister In Country. As material study is primary & secondary materials as well as source person in study This is Office Ministry Religion & Population & Registration Service Civil. Writing marital status with no recorded as effort for ensure order law as instrument certainty law through proof marriage contradictory with obligation recording the marriage arranged in Law No. 1 of 1974 about Marriage. Need exists umbrella parallel law in sequence legislation in Indonesia, so policy This not legally biased in a way state Administration.
The Fiqh Perspective on Aurat Boundary towards Dignified Society Pulungan, Sahmiar
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.33420

Abstract

Aurat is the minimum parts of the body that must be covered according to Allah's command. Aurat cannot be shown because it is associated with disgrace, shame and must be covered with Islamic clothing. This research discusses the perspective of fiqh regarding the boundaries of the intimate parts towards a dignified society. This research is descriptive qualitative research using a library research approach. This data is a primary data source, namely data which is the main source of library research by searching for various literature (books) and as secondary data are journals related to the research. The data collection technique uses the documentation method, namely studying and searching for data in the form of notes, documents, transcripts, books, magazines, and so on. The data analysis technique uses the Miles and Huberman model of data analysis in the data analysis technique. The results of this research are that according to the science of ushul fiqh, it can lead to obligatory 'ainy ta'abbudy, namely an obligation that must be carried out by every individual who is Muslim without asking why. Whoever carries out this obligation will receive a reward, because he has carried out the worship required by Allah SWT and whoever does not carry it out means denying one of the teachings of the religion. The daughters and wives of the Holy Prophet are model women who serve as role models for all Muslim women. Hijab is considered shari'i-qualified, when it serves to cover jewelry, clothing and the whole body.
Nusyuz Wife as a Result of Transferring Child Custody Rights from Wife to Husband from the Perspective of the Compilation of Islamic Law Said, Raja Anggun Kusuma; Harahap, Mhd. Yadi; Fatimah, Fatimah
JURNAL AKTA Vol 11, No 1 (2024): March 2024
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.v11i1.34561

Abstract

Marriage is a physical and mental bond between a man and a woman with the aim of forming an eternal and happy family according to God Almighty. In a marriage bond, husband and wife have the responsibility to fulfill each other's needs to build a harmonious and peaceful family. Divorce is the breakup of a family because one or both partners decide to leave each other so that they stop performing their obligations as husband and wife. The existence of divorce between husband and wife raises new problems, especially for children, which include the problem of caring for children's rights (Hadhanah). The concept of Maslahah mursalah, the main purpose of this concept is to realize benefit and eliminate harm, this principle aims to keep the child physically and mentally protected from his divorced parents. The first decision is, with Number 361/Pdt.G/2018/PA.Dps, in this case the Plaintiff in his lawsuit dated November 27, 2020 has filed a child custody lawsuit registered at the registrar of the Denpasar Religious Court with Number: 400/Pdt.G/2020/PA.Dps. Analysis in terms of benefit, in the Denpasar Religious Court Decision, the Judge not only decides and transfers child custody based on the law, but also in the interests of the child, which is better and greater if the four children are cared for by their mother rather than their father, as for the form of transferring custody of children who are not yet mumayyiz to the biological mother (nusyuz) shows that the legal basis of the Panel of Judges in handling this case is based on Maslahah and justice for the benefit of the child.
The Implementation of Tax Payments Due to Systematic Land Registration in the DKI Jakarta Area Muhamad Abdurahman Arasyid
JURNAL AKTA Vol 11, No 1 (2024): March 2024
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.v11i1.34109

Abstract

The aim of this study is to find out what tax payment procedures need to be carried out by applicants for systematic land registration or what is also called a complete systematic land registration program (PTSL), especially in the DKI Jakarta area. This study uses normative legal research methods with statutory and comparative approaches. The results of the study show that in the implementation of Complete Systematic Land Registration which is based on Presidential Instruction Number 2 of 2018 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018, the PTSL program is in conflict with Law Number 28 of 2009 concerning Taxes Regions and Regional Levies in conjunction with DKI Jakarta Regional Regulation Number 18 of 2010 concerning Fees for Acquisition of Land and Building Rights. In implementing the PTSL Program, the provisions regarding land rights applicants being required to pay tax first before the certificate is issued are set aside, so that certificates can be issued by the Land Office without the land rights applicant needing to pay first. In this article, the author will discuss the implementation of land registration tax payments for which certificates have been issued in the PTSL Program.

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