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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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Implementasi Tugas Dan Kewenangan Notaris Dalam Membuat Akta Yang Berkaitan Dengan Pertanahan (Studi di Wilayah KerjaNotarisKabupaten Kendal) Romanda Arif Kurnia; Umar Ma’ruf
Jurnal Akta Vol 5, No 1 (2018): March 2018
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.v5i1.2618

Abstract

ABSTRAKTugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan perlu dipahami secara berbeda agar tidak menimbulkan kerancuan. Pertanyaan yang timbul dari problem ini adalah: Bagaimana implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan?Apa kelemahan-kelemahan dalam implementasi tugas dan wewenang Notaris dalam pembuatan Akta yang berkaitan dengan pertanahan ? Bagaimana solusi implementasi tugas dan wewenang Notaris dalam pembuatan Akta yang berakitan dengan pertanahan ?Metode pendekatan menggunakan sosio legal research.Data yang digunakan adalah data primer dan sekunder. Metode pengumpulan data menggunakan wawancara dan studi pustaka. Metode analisis data menggunakan analisis kualitatif.Permasalahan di analisis dengan teori kepastian hukum dan teori kewenangan: Pertama,Implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahandipahami secara berbeda, karena; (1) Mengacu Pasal 15 ayat (2) huruf (f) UUJN 2014, maka Notaris secara otomatis adalah pejabat yang berwenang membuat akta tanah. Namun kenyataan di lapangan, Notaris tidak secara otomatis dapat menjadi Pejabat Pembuat Akta Tanah (PPAT) (2) Pada praktik di lapangan, Notaris dapat diangkat menjadi PPAT setelah mengikuti pendidikan dan pelatihan serta dinyatakan lulus yang diselenggarakan oleh BPN.Akan tetapi bahwa dalam hal Notaris membuat akta – akta yang berkaitan dengan pertanahan yang bukan merupakan kewajiban PPAT.Kedua, Kelemahan implementasi tugas dan kewenangan Notaris dalam membuat akta yang berkaitan dengan pertanahan adalah: (a) Konsep ideal implementasi tugas dan kewenangan Notaris menurut UUJN 2014 yaitu seorang Notaris sekaligus PPAT; (2) Praktik implementasi tugas dan kewenagan Notaris di lapangan berbeda dengan UUJN 2014, karena Notaris diangkat menjadi PPAT setelah harus mengikuti pendidikan dan pelatihan serta dinyatakan lulus yang diselenggarakan oleh BPN. Ketiga solusi terkait dengan perbedaan implementasi tugas dan kewenangan Notaris antara yang ideal seperti UUJN 2014 dengan praktik di lapangan, yaitu: (a)Pemerintah melakukan revisi UUJN 2014 atau membuat Peraturan Pengganti Undang Undang.Kata Kunci : Notaris, Akta Pertanahan.ABSTRACTThe duties and authorities of Notary in making deed related to land shall be understood differently so as not to cause confusion. Questions arising from this problem are: How is the implementation of the task and authority of Notary in making deed related to land? What are the weaknesses in the implementation of the duties and authorities of Notary in making the deed related to land? How is the implementation solution of duties and authority of Notary in the making of Deed that is in assembly with land?The approach method uses socio legal. The data used are primary and secondary data. Methods of data collection using interviews and literature study. Methods of data analysis using qualitative analysis.Problems in the analysis with the theory of legal certainty and theories of authority: First, the implementation of duties and authorities of Notaries in making deed related to land is understood differently, because; (1) Referring to Article 15 paragraph (2) letter (f) of UUJN 2014, the Notary is automatically authorized to make the land deed. However, the facts in the field, Notary can not automatically become Land Acquisition Official (PPAT). (2) In practice in the field, Notary can be appointed to PPAT after attending the education and training and graduated from BPN. However, in the case that a Notary public makes deed - deed related to land which is not an obligation of PPAT. Second, the weakness of the implementation of duty and authority of Notary in making deed related to land are: (a) Ideal concept of implementation of duty and authority of Notary pursuant to UUJN 2014 that is a Notary as well as PPAT; (2) Practice of duties implementation and authority of Notary in the field is different from UUJN 2014, since Notary is appointed to PPAT after having to attend education and training and passed the event held by BPN; and Third solutions related to differences in the implementation of duties and authorities of Notary between the ideal such as UUJN 2014 with practice in the field, namely: (a) The Government revised the UUJN 2014 or made a Law Enforcement Rules.Keywords: Notary, Land deed.
NETRALITAS NOTARIS SEBAGAI ANGGOTA LEGISLATIF: Studi Tentang Peran Notaris Cuti Sebagai Anggota Legislatif Terhadap Notaris Pengganti Terhadap Akta-akta Yang Dibuatnya Nur Cahyaningsih; Akhmad Khisni
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1781

Abstract

The Regional People's Legislative Assembly, hereinafter referred to as the Regional People's Legislative Assembly (DPRD), is a representative institution of the regional people as an element of local government administration Legally and politically the DPRD has a strategic position in implementing development policies in the regions. The magnitude of the roles, functions and authorities of the legislature invites many elements of society to enter as members of the council, notary positions and many Land Acquisition Authorities who are left behind to follow the legislative election procession. As a first step, a notary and enter into the party membership, and follow all the procedures of scaling, to then be elected by the community to become members of the council. Notaries in exercising their right to sit on behalf of the community as members of the Council, also regulated in Law No. 7 of 2017 on General Elections, are said to have made a statement willing not to practice as notaries and officials of the land deed (hereinafter referred to as PPAT). From this it can lead to issues of provisions contained in Articles 3 and 17, namely dual positions. This study aims to determine the relationship of notary to leave with a substitute notary in the perspective of Law Number 30 Year 2004 regarding Position Notary. Article explaining, among other things, article 33, on this matter Notary, a Notary substitute has the same authority related to the making of authentic deeds made. The research approach used is normative juridical, which will be qualitatively analyzed normative against secondary data. The theory used by the author is the theory of authority, theory of responsibility and theoretical justice. If you look at the explanation and analyze from the articles of article regarding the Notary Substitute, the Article which explains, among others, article 33, regarding this Notary, the Notary substitute has the same authority regarding the making of authentic deeds made. The authority of notary and substitute notary is based on Article 15 of Law Number 2 Year 2014 concerning Notary Position. The authority of a substitute notary commences from the grant of a notary protocol until the expiry of the appointment period based on the decision of the Notary Supervisory Board. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. Procedures concerning notary leave with a substitute notary may result in a conflict of interest that may affect the independence of a notary who is not allowed to take sides, this is due to 2 (two) factors namely the rules themselves and the political factor. The solution is to reinforce the terms of nomination of legeslative members, not just to not practice (leave) but with the resignation as a notary or PPAT and release all attributes (nameplate, practice office, and so on).Keywords: Notary, Authority, Conflict of Interest, Legislative Member
Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy Sutrisno Sutrisno
Jurnal Akta Vol 7, No 1 (2020): March 2020
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.v7i1.9453

Abstract

Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.
The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus Lucky Wahyu Andriyanto; Kustriyo Kustriyo; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3087

Abstract

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line  is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks
PELAKSANAAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN (SKMHT) DI KOTA PEKALONGAN Dian Cahyo Wibowo; Gunarto Gunarto
Jurnal Akta Vol 4, No 2 (2017)
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.v4i2.1794

Abstract

The Power of Attorney Charging the Guarantee Right (SKMHT) in Article 15 of Law Number 4 Year 1996 concerning Land and Property Rights related to Land (UUHT) is stipulated as a condition to be immediately followed up by the making of Certificate of Granting of Mortgage Right APHT).This study uses descriptive analytical properties with aspects of the Empirical Juridical approach and field research (observation) only as supporting data. The location of this study was conducted in Pekalongan City. The population of this study amounted to 50 (fifty) SKMHT made by 4 people Notary / PPAT respondents in May - November 2014. Of the entire population are all sampled.To collect primary data / main data is done by using field research using interview technique, whereas to informant is done by giving questionnaire and interviewing them related to SKMHT implementation in crediting by creditors. To obtain secondary data / additional data is done literature on books, laws, and important documents related to this research. The data obtained were analyzed and then grouped the data according to their qualification, then described with qualitative analysis approach.The result of this thesis research shows the process of Implementation of SKMHT in credit scheme made by Notary / PPAT has been in accordance with the regulation. In the process of using SKMHT in this credit agreement is made with the stage that is before and at the time after the credit agreement agreement and the second stage merupkan SKMHT installation to the land office. The inhibiting factors in the use of SKMHT arise during the binding process into APHT and APHT registration stages. The inhibiting factors in the implementation process of SKMHT into APHT form are costly and short term. In overcoming these obstacles, efforts are made by renewing SKMHT which has expired in accordance with legislation and follow up SKMHT become APHT.Keywords: Power of Attorney Charges Deposit Rights
PROTECTION AGAINST RECIPIENTS NOTARY DEED THAT ALLEGEDLY PROTOCOL TO THE LEGAL ISSUE IN SEMARANG Megacaesa Fuditia Fuditia; Ni Made Srinitri; Anis Mashdurohatun
Jurnal Akta Vol 7, No 2 (2020): June 2020
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.v7i2.7888

Abstract

Notary Appointment as Notary Protocol holders and storage required to accept the delegation of the protocol, because at the beginning of his run, every Notaries are required to make a statement about its willingness to accommodate the move Notary Protocol, quit, or died. As a holder of the protocol but can learn a lot there is also a consequence of the receipt of such deed is when there is a legal problem, as the holder of the protocol also participated as a defendant or summoned by investigators in order to bring that existed at the Notary deed holder protocol. However, it has become a legal obligation Notary.          The purpose of this research are: 1) To analyze and assess the extent of legal protection against protocol receiver notary deed allegedly related legal issues in the city of Semarang. 2) To analyze and assess the barriers in the legal protection of the receiving notary deed allegedly protocols about legal issues in the city of Semarang. 3) To formulate legal protection against protocol receiver notary deed was allegedly associated legal problems in the future.Notary receiver and storage protocol is not responsible for the contents of the deed of the substance or the above protocol receives. UUJN enactment, not without obstacles in its implementation. It was mainly related to the legal protection of a notary. Those barriers between them, yet the formation of the Implementing Regulation and Role Change THIS UUJN to socialize UUJN Changes in certain areas less. Legal protection should be given to the notary deed protocol receiver must be in accordance with Law Notary Article 66 paragraph (1) of Law No. 2 of 2014 on the Amendment of the Law of the Republic of Indonesia Number 30 Year 2004 on Notary.Keywords : Deed, Legal, Notary, Legal Protection, the Protocol.
Review on The Application for Rights Juridical Backing to Book C Village Based on PP No 24 of 1997 on Land Registration in Sumowono Sub-District, Semarang District Rina Budi Setiyani; Dhanar Dhono Vernandhie; Djauhari Djauhari
Jurnal Akta Vol 6, No 1 (2019): March 2019
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.v6i1.4262

Abstract

Land registration function is to provide evidence of land ownership (certificate) in order to provide legal certainty and legal protection to rights holders on the ground. PP 24/1997 on land registration, implying that the Certificate of Land Rights to provide legal protection to the rights holder named on the certificate as evidence that stronger as the physical data, juridical met. In corvetion indigenous lands and quotation Village Books C that is Letter C which may be cited as proof of entitlement. Letter C contains data on the origin of the soil and record the transition that occurs before 24 September 1960. In the PP 24/1997 states that the book excerpts C Letter C Village and Village serves as evidence of payment of tax and have the force of law as the foundation of evidence for the right to land. Village C book loss events resulted in the loss of certainty about the object, the subject, and the certainty of the status of their land rights and it can cause problems to the strength of evidence for the right to land. Then how the impact of the loss of the book C Village of the rights on public land that is lost letter C? ensuring legal certainty for holders of indigenous land rights and land registration application process for them.The research method of juridical empirical approach to socio-legal research, by location in District Sumowono and Semarang District Land Office.Keywords: Land Registration, Guarantee Legal Certainty, The Strength Of Evidence.
Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement Edi Adi Ambarawa; Yudi Hendarto; Djauhari Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3130

Abstract

This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.
PERAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH (PPAT) SEBAGAI PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PENDAFTARAN TANAH WAKAF UNTUK MEWUJUDKAN KEMASLAHATAN UMUM Abdullah Amirudin; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
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.v4i3.1810

Abstract

Wakaf is one manifestation of love to Allah SWT, seeking ridho 'by donating some of their possessions with the best treasure. Wakaf plays an important role in economic development so as to realize the benefit for all ummah. In practice there are still many of the wakif who have memakafkan some of his property and has been submitted to nadzir, but not yet on the list so that the waqf objects are not teradministrasi well and kebaradaanya still many who have not known its existence.Unregistered wakaf land has caused many problems in the community, such as the cancellation of wakaf land by the heirs as well as the exchange of wakaf land due to the development of many sectors both industrial expansion and construction of public places such as toll road development. The role of a notary publicly acting as an official of the land deed as the official of the deed of pledge of waqf in the registration of wakaf land lies in the making of the pledge of wakaf pledge, as the basis for registration of wakaf land to the national land agency. And the making of deed of exchange of bolsters and release of right to execution of land exchange of wakaf land, so that become base of perfect proof for public benefit. Keywords: notary, wakaf, deed.
Notary According To Civil Law And Common Law That Related Strongly With International Civil Transactions Ma - Junyu
Jurnal Akta Vol 7, No 3 (2020): September 2020
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.v7i3.11279

Abstract

The world is increasingly without borders which has an impact on legal services such as the world of civilization, especially notary. However, in reality there are still many intersections of legal systems that are increasingly widespread in the notary world that are included in civil law, for example, the practice of international trade has made the boundaries between legal systems increasingly thin. Including differences in the use of legal systems such as Civil Law and Common Law in each country also affects the development and type of civil law system. For example, the bookkeeping and business taxation system will be built based on certain legal systems across jurisdictional boundaries including land lease agreements for industries with foreign investors.

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