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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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Application of the Simple, Fast and Light Cost Principles in the Determination of Time for Case Settlement in the Religious Court / Syar’iyah Court in Perspective of Maqashid Syari’ah Siregar, Dangas; Pagar, Pagar; Harahap, Arifuddin Muda
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.v10i2.34031

Abstract

Courts under the Supreme Court of the Republic of Indonesia are always in the spotlight of the public and the media both about their performance and about the weaknesses and shortcomings in these institutions as judicial institutions that carry out the mandate of the provisions of the law. the determination of the time period for case settlement in various courts including the Religious Courts and the Syar’iyah Court quickly as mandated by the provisions of the Law which regulates that judicial procedures must be based on the principles of simple, fast and light costs. In reality, in judicial proceedings that take place in the Religious Courts and in the Syar’iyah Court, not always the principles of simplicity, speed and low cost can be applied. Often there are cases whose resolution takes a protracted time so that the litigants themselves certainly feel tired of undergoing all the existing judicial processes. When viewed from the point of view of Islamic law, a decision / law that is born by humans must actually be in line with the intent and purpose of the Islamic law itself or known as Maqashid al-Syari’ah. In this study using the type of library research (library research), the object of this research is a court decision, the nature of this research is Descriptive-analytic and Qualitative Data Analysis. The results of the study concluded that from the point of view of Maqashid al-Syari’ah, the application of the principles of simple, fast and light costs in case settlement in the Religious Courts and the Syar’iyah Court is classified as the application of Maqashid at the hajiyyah level, namely to provide convenience for justice seekers in obtaining access to justice as fair as possible.
The Validity of Unilateral Registration of Inheritance Land Transfer Rights Amagadela, Gabriel
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.v11i1.34011

Abstract

This research analyzes the case in Supreme Court Decision Number 4041 K/PDT/2022, where the subject of the inheritance is a land right registered unilaterally by one of the heirs without the division of the inheritance among other heirs. The study discusses issues related to the system of registering the transfer of inheritance land rights and the validity of the certificate unilaterally registered without distribution to other heirs. The research methodology used is doctrinal. The findings indicate that when registering the transfer of inheritance land rights, it is mandatory to attach additional documents according to Article 111 of Regulation of the Ministry of Agrarian and Spatial Planning/National Land Agency Number 16 of 2021. Regarding the certificate unilaterally registered without distribution to other heirs, it is governed by Article 32 paragraph (2) of Government Regulation Number 24 of 1997, where the land certificate remains valid as proof of ownership as long as there is no objection or lawsuit filed within a period of 5 (five) years.
Proposing Peace Agreement Ratification Procedures in Delay of Debt Payment Obligations (PKPU) Nainggolan, Bernard
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.v10i4.36020

Abstract

Peace agreement in Delay of Debt Payment Obligations (PKPU) offers ways to pay all or part of the debt as an effort to avoid bankruptcy, so that the peace is legally valid and binding on the parties, it requires ratification of the peace from the Commercial Court. However, in practice, it was found that there were delays in ratifying the peace agreement that had been agreed to by the parties due to reports that had not been submitted by the management during the PKPU period. The focus of the research is to identify the legal consequences of delaying the approval of the peace agreement on debt settlement of the debtor. The method used is normative juridical with descriptive analysis. Secondary data sources are used, involving legal materials related to primary legal materials and providing explanations for them. Secondary data sources include books, journals, papers, reports, scientific papers, and undergraduate research results in the field of law. Apart from that, tertiary legal materials are also used as additional references, such as articles, books or papers. The results of the research show that delays in ratifying peace agreements that violate statutory provisions have the potential to create legal uncertainty and can lead to debtor bankruptcy. The research conclusion emphasizes the importance of maintaining compliance with legal procedures in PKPU in order to achieve legal certainty for all related parties.
The Strengthening Customary Land Rights: Promoting Agrarian Law Reform in Indonesia Widiyoko, Setiawan; Wiranto, Agus Prasetia
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.v11i2.36816

Abstract

Ulayat land is land that is controlled jointly by members of a customary law community, where the management arrangements are carried out by the traditional leader (Head of Adat) and its use is intended for both members of the customary law community concerned and outsiders. Indigenous communities tend to live scattered across Indonesia's vast forest areas. With the issuance of the Basic Agrarian Law (UUPA) and development programs, they are threatened with eviction from the forest land they now occupy. This is based on confusion regarding the legal position and rights of indigenous peoples to customary land and other agrarian resources. The existence of indigenous peoples and their rights to land is one of the considerations in renewing the law on agrarian affairs, especially in reforming agrarian law. This research was carried out using a normative juridical method. Data was obtained by collecting from several sources such as books, journal articles and regulations. In conclusion, the recognition of customary land rights has been regulated in the Basic Agrarian Law Articles 3 and 5 of 1960 and is in the process of being implemented. In the field there are many agrarian disputes that are detrimental to customary land and there is no clarity on the process of protecting customary land.
The Cartel Proof in Business Competition Law: From the Rule of Reason to Per Se Illegal Santosa, Anak Agung Gede Duwira Hadi; Dewi, Lily Karuna; Megayani, Ni Ketut Ngetis Megi
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.v10i4.32005

Abstract

Per se illegal approach is used to deal with cartel cases, which emphasises that cartel acts that have fulfilled the elements in the formulation of the article and are proven to violate the regulation without the need to prove the impact of such acts so that the enforcement of cartels can be resolved more quickly. This article intends to review and evaluate the Anti-Monopoly Law and PUTS in Indonesia regarding how the rule of reason approach is used to handle cartel cases in Indonesia. The research uses the normative method, namely legal research by processing library materials or secondary data. This article suggests that the more appropriate approach to handling cartel cases in Indonesia is the per se illegal approach, given that proving the act with this approach is easier and shorter to do so that the settlement of cartel cases can be resolved quickly. In addition, Indonesian civil procedure law does not yet recognise and regulate economic evidence, so economic evidence cannot be used to prove the case. Whereas economic evidence in the form of economic analysis of the impact of a cartel is mandatory in cartel settlement using the rule of reason approach. By evaluating the performance of the rule of reason in handling cartel cases in Indonesia, this article argues that it is important to change the wording of articles in the Anti-Monopoly Law and PUTS in Indonesia which previously used the rule of reason approach in handling cartel cases to apply the per se illegal approach.
Inculcation of Pancasila Ideological Values in Preventing Ideologically Motivated Criminal Acts of Terrorism Budhiawan, Adlin; Lubis, Syaddan Dintara
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.v11i1.33672

Abstract

Instilling the ideological value of Pancasila to everyone has an inseparable importance in the life of the state. Pancasila is a value system that is extracted from the noble values of the Indonesian nation. These values have existed long before Indonesia's independence. It's just that now people's understanding of the ideological values of Pancasila is getting weaker in the life of the nation and state, this can be seen from the increasing issues of radicalism and terrorism that threaten the integrity of the state. The meaning of terrorism in Law Number 5 of 2018 is explicitly described that there is a motive/reason/cause of terrorism caused by the ideological motive behind the act of terrorism. Terrorism is implicitly described that there is a role of ideology as a motive for criminal acts of terrorism that cannot be underestimated. This paper tries to apply the approach in two analyses related to the problem under study. First, it tries to identify the extent to which Pancasila ideology has been instilled and reacted to the prevention of ideologically motivated terrorism crimes. Second, it tries to identify the extent to which the values of Pancasila ideology have been applied in the face of terrorism. The results found are the factors that cause the occurrence of ideologically motivated acts of terrorism in Indonesia due to the inability of a person to understand and apply the values of Pancasila ideology, especially the 1st, 2nd, and 3rd precepts comprehensively in life. The tendency to "deify" other ideologies such as religious radicalism and misunderstanding of these ideologies, actually leads to thoughts and acts of terror that justify all means to achieve their goals.
The Settlement of Bad Loans and Executions on Warranty Bound in the Concept of Customer Protection Tohari, Mohamad; Dewi Suryandari, Wieke
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.v11i1.35908

Abstract

This study aims to determine and analyze 1) How is the settlement of bad loans on guarantees tied to mortgages? PT. Bank Mandiri (Persero) Tbk, 2) How is the execution of Mortgage carried out at PT. Bank Mandiri (Persero) Tbk and. This research method uses approach empirical juridical, namely seeing the workings of law in society. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data in the form of library research. The data analysis used is a qualitative analysis which draws conclusions deductivelyf. The results of this study indicate that1) The stages carried out by PT Bank Mandiri (Persero) Tbk to resolve non-performing loans according to Bank Mandiri Credit Policy (KPBM) as outlined in the Standard Operating Procedures for Credit Collection and Recovery (SOP CCR), by dividing it into 3 (three) stages, namely: the peaceful settlement stage, the coaching stage, and the credit rescue stage. 2) Execution of mortgage right inPT Bank Mandiri (Persero) Tbk experienced several obstacles that arise, so that in practice the applicable regulations have not been effective, this is due to there is non-compliance with a rule, namely Article 11 paragraph (2) letter (j) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related By Land (UUHT) that is the promise that the grantor of the Mortgage will vacate the object of the Mortgage at the time of execution of the Mortgage.
Legal Certainty for Consumers of Tapak House Based on Purchase Binding Agreements with Pre Project-Selling System Suyanto, Suyanto; Subekti, Subekti
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.v11i2.35371

Abstract

The Purchase Binding Agreement (PBA) was born as a result of the existence of several requirements stipulated by law in the sale of houses Tapak, have not yet been fulfilled which ultimately inhibits the completion of the sale transaction. To still be able to buying and selling houses Tapak then the parties agreed to buy and sell will be done after the certificate is taken care of or after the price is paid in full and to keep the agreement, it is still implemented well while the requirements requested can still be taken care of then the parties poured the initial agreement in the PBA. However, not yet sale and purchase of houses Tapak through the Deed of Sale in front of Land Deed Making Official required by law can be detrimental the consumer, if the consumer has paid the sale price, ownership the right to housing has not yet been transferred from the agents of development because it has not been fulfilled-conditions requested by law. This research purpose was to explain the legal certainty for consumers in buying and selling houses Tapak based on the Purchase Binding Agreement with the pre project selling system after it occurs real surrender by development actors. Sale and purchase of houses Tapak based on the Purchase Binding Agreement with the pre system project selling is a solution when the provisions in the Civil Code differ from the provisions contained in the Basic Regulations Agrarian Principles, but this can cause uncertainty the law for consumers when the home buyer consumers have paid the price in full the house but the development agent did not submit proof of ownership rights to consumers of Tapak house buyers. Tapak house buyers have a Letter of Engagement Agreement for Sale and Purchase so that when the site is submitted to consumers are buyers of Tapak houses by development actors, so the position of consumers is not clear. Consumers who buy houses Tapak are not the recipients of power of attorney development not as a landlord tenant. This is what gives rise legal uncertainty.
The Limited Positive Publication System in the Land Sector, Solution Towards Legal Certainty and Fair Legal Protection Suharyono Suharyono; Muhamad Sadi Is; Sobandi Sobandi
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.v11i2.37618

Abstract

Land registration using the negative publication system had positive elements used in Government Regulation Number 24 of 1997 was believed to create just legal certainty. This research used a normative juridical approach, and supported by primary, secondary and tertiary data. The research results showed that certificates which were the products of the National Land Agency/Land Office had not been able to realize legal certainty that was fair to rights holders. This was reinforced by a number of court decisions canceling land certificates. The results of these findings recommended that a positive (limited) publication system was used as an alternative solution to realize legal certainty that was fair to people applying for land registration applications.
Legal Protection and Legal Certainty in Indonesia’s Land Title Registration System Agung, Anak Agung Istri; Sukandia, I Nyoman; Puspadma, I Nyoman Alit; Chornous, Yuliia
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.v9i4.35387

Abstract

This research aims to scrutinize challenges in Indonesia’s land title registration system, focusing on legal protection and certainty for land title holders, particularly when titles are acquired through binding agreements. Emphasis is placed on publicity principle, exploring its role in ensuring transparent access to information about land titles. The normative legal research method, employing a normative juridical approach, involves a thorough examination of legal materials, including theories, concepts, and legislation such as Regulation Number 16 of 2021, Government Regulation Number 24 of 1997, and Government Regulation of the Republic of Indonesia Number 18 of 2021. Results highlight a significant gap between land title deeds based on agreements and the necessity for proper registration to guarantee legal protection. Failure to register undermines the “opernbaarheid” principle, turning agreements into private arrangements. Addressing this gap is crucial for establishing a transparent land title registration system, ensuring uniform legal protection for all holders, and reducing potential disputes. The implications of this research extend to policymakers, legal practitioners, and stakeholders, offering insights to enhance the transparency and effectiveness of Indonesia’s land administration. Policymakers can leverage these findings to refine regulations, aligning the system with principles of openness and accessibility, fostering a fair land tenure system, and supporting sustainable development.

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