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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 Effectiveness of Cyber Notary Development Using Barcodes on Notarial Deeds in Indonesia Farhana Yahya Abdullah; Noor Lailatul Izza; Aryani Witasari
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39749

Abstract

One of the problems that often occurs is the slow process of making notarial deeds which can hinder business and economic processes. This is caused by the large number of documents that must be signed and verified by the notary, as well as the signing process which is still done manually. Moreover, the use of digital information technology is increasingly penetrating various sectors, including in the process of making notarial deeds. However, the implementation of cyber notary in Indonesia still faces various challenges, especially related to effectiveness and security. Therefore, this study aims to develop cyber notary using barcodes on notarial deeds that can increase efficiency and security in making notarial deeds in Indonesia. The research method used is normative legal research with literature studies from secondary data where the data is obtained indirectly including primary legal materials. The results of the study show that the development of barcodes on notarial deeds can help increase the efficiency of the notarial deed making process by reducing the time and costs required. In addition, this model can also increase the security of data and information related to notarial deeds, thereby reducing the risk of manipulation or information leakage. The development of cyber notary, especially the use of barcodes on efficient and secure notarial deeds, is expected to make the notarial deed process in Indonesia more modern, transparent, and reliable. This research is expected to provide a positive contribution to the development of notarial technology in Indonesia and strengthen public trust in the legal process carried out in this digital era.
The Use of Bill of Leading in the Transportation of Ships according to the Contract & Indonesian Law Perspective Syarifur Ridho; Muhammad Arifin
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39817

Abstract

In transportation, the most important type of document is the bill of lading. It is called the most important document because, if there is a problem with the goods shipped or exported, the B/L has not been sent by the carrier, then the owner of the goods cannot make a claim to the carrier. Bill of lading or known as bill of lading is regulated in Article 506 of KUHD. This research uses a normative juridical research method with an analytical descriptive approach. Bill of Lading in sea transportation based on Indonesian law serves as proof of ownership of goods, and also as evidence of a transportation contract. Various documents that exist and are required in international trade transactions are grouped into the following categories: Preliminary documents, Main documents, Other important documents (additional documents). The Bill of Lading document is a document as one of the requirements for drawing up a Letter of Credit. The opening of a Letter of Credit is basically a contract and the agreed conditions regarding the withdrawal of a Letter of Credit must be fulfilled, such as the Bill of Lading document.
A Comparison of Limited Liability Partnership Regulations in the State of Delaware, USA, Malaysia & India Ayu Anezka Chandradevi
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39752

Abstract

Departing from the absence of regulations related to Limited Liability Partnership in the legislation in Indonesia, with the formulation of the problem in the form of (1) How is the regulation of Limited Liability Partnership in Delaware, United States, Malaysia and India?, and (2) How is the comparison of the regulation related to Limited Liability Partnership in Delaware, United States, Malaysia and India?. It has been found that many countries in the world have adopted the rules of Limited Liability Partnership into their positive laws for a long time, such as the United States which is the originator then Malaysia and India. From this we can see that to the extent of regulation of Limited Liability Partnerships in ASEAN and Asian countries, Indonesia is among the countries that do not keep up with world developments and leave their people with a set of legal tools that tend not to meet the needs and interests of the public. It is known that the form of civil partnership in Indonesia that is most similar to the form of Limited Liability Partnership is the form of Persekutuan dengan Firma. However, the Persekutuan with Firma adopted in Indonesia still applies the concept of unlimited liability. This means that in the event of a loss suffered by a partnership with a firm due to the fault or negligence of one of the allies, the compensation will not only utilize the assets of the partnership with the firm but also the assets of the partners, even the innocent partners among the three countries under comparison. Actually all three have similarities with each other because they are both based on the regulatory model first adopted by the United States. 
Analysis of North Bandung Area (KBU) Punclut Cidadap District, Bandung City Based on Land Management Yohanna Melianti; Dadang Epi Sukarsa; Betty Rubiati
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39213

Abstract

The Northern Bandung Area in Punclut, Cidadap District, from the 1960s to the 1980s, based on state land, certificates of land rights were issued without land consolidation. These certificates were then given to cultivators by the state, who subsequently engaged in buying and selling transactions. These transactions continued, resulting in the development of residential areas, cafes, restaurants, or commercial centers that do not comply with land use regulations. Land use policy is implemented for land parcels that have rights, whether registered or not, including state land and customary land according to applicable laws and regulations. The research method used is normative juridical, which relies on literature review dominated by secondary data, including primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that decisions and policies have been made for the Northern Bandung Area, but they have not been optimally implemented in practice, leading to massive development in the area such as residential areas, cafes, restaurants, or commercial centers. However, land use is synonymous with land utilization, where urban land utilization should guarantee the community against pollution, thereby creating a healthy environment, both physically and spiritually. Continuous deviations from these principles will inevitably result in an unhealthy environment, both physically and spiritually.
The Legal Smuggling Through Nominee Agreement & Its Implications for Coastal Beach Management Ulya Atsani; Roni Efendi; Dodi Syahputra
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39996

Abstract

This research aims to explore and analyze the impacts caused by legal smuggling through nominee agreements in the management of coastal areas in the Mentawai Islands Regency. As an agreement that is not permitted in Indonesian contract law, nominees certainly have implications, especially in terms of investment practices and land ownership in the Mentawai Islands Regency. Then the Constitution and the Basic Agrarian Law have regulated very strictly regarding land rights and ownership. Historical experience has led Indonesia to establish regulations on land rights and their management in Indonesia. However, the legal facts that occur are that not a few foreign citizens own land in Indonesia, such as in the Mentawai Islands Regency by smuggling the law, including through nominee agreements. The writing method uses an empirical legal research type and is oriented toward primary data sources obtained through interviews and document studies. The survey results show that out of 85 resorts registered with the Tourism, Youth and Sports Office, there are 11 resorts owned by foreign citizens by smuggling the law through nominee agreements which imply being null and void because they are not by the Civil Code. Furthermore, impunity for this legal smuggling means that residents will lose their identity as a customary law community because the land as their local cultural identity has been taken over by foreign countries.
Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law Iswari, Katrin Yogi; Adzania, Pelangi; Novilawati, Rizka; Samosir, Tetti
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39750

Abstract

The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also commonly referred to as literature study research. This study concludes that there is no legal certainty regarding the evidentiary power of notarial deeds made in the concept of cyber notary according to Indonesian positive law because there are no clear regulations regarding cyber notary based on Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Positions and Law No. 11 of 2008 concerning Information and Electronic Transactions. There is a degradation of the evidentiary power of notarial deeds which should be authentic deeds that have perfect evidentiary power into private deeds. Such conditions will also ultimately result in the failure to fulfill the formal agreement elements required by legislation and have a further impact on the fulfillment of obligations under legislation that require the use of a notarial deed.
The Governance of State Confiscated Goods & State Loot in the Storage House of State Confiscated Goods Class I Yogyakarta Tuharea, Dyah Ayu Aprilia; Yuska, Syahrial
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39741

Abstract

The protection of property rights in Indonesia is regulated in the 1945 Constitution article 28H paragraph 4. Confiscated goods and state loot confiscated or taken over by the authorities in the investigation process must be stored in the State Confiscated Goods Storage House (RUPBASAN). However, the governance of confiscated goods and loot at the Class I RUPBASAN Yogyakarta faces various problems that require more attention. Problem Formulation from this study What are the problems in the management of confiscated goods and loot in the Class I RUPBASAN Yogyakarta and how the role of the RUPBASAN is in line with the current goals of the Correctional Service. The purpose of this study is to find out and analyze the problems in the governance of confiscated goods and loot in the Class I RUPBASAN Yogyakarta as well as to provide recommendations for improvement and analyze how the role of the RUPBASAN position is in line with the current Correctional Objectives. Methods This research uses a qualitative approach with a descriptive research design of analysis. Data was obtained through in-depth interviews, observations, and document analysis. The results of this study show that several main problems were found in the governance of confiscated goods and confiscated goods in the Class I RUPBASAN Yogyakarta, including limited infrastructure, lack of human resources, and overlapping regulations. The role and position of the RUPBASAN in the Indonesian correctional system shows that although the RUPBASAN is not explicitly regulated in the Indonesian Law No. 22 of 2022 concerning Corrections, the presence of the RUPBASAN still has an important role in supporting the enforcement of human rights and must still be maintained at the Directorate General of Corrections. Recommendations for improvement include increased warehouse capacity, staff training, and clearer and more detailed policy revisions.
Juridical Analysis of Relationship Between Beneficial Owner Concept & Implementation of Double Taxation Avoidance Agreement (Case Study of Decision Number 736/B/PK/PJK/2013) Angelica, Bernicia
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39753

Abstract

The concept of beneficial ownership emerged in the 1977 OECD Model to address tax issues, specifically to identify the true recipients of passive income such as dividends, interest, and royalties for tax deduction purposes. This concept distinguishes between legal owners and those who actually control and benefit from income. Globalization has increased cross-border transactions, creating both positive impacts, like increased tax revenue, and negative impacts, such as tax avoidance and international double taxation. Double Taxation Avoidance Agreements (DTAA) aim to mitigate these issues by delineating tax responsibilities between countries. In Indonesia, the beneficial owner concept was incorporated into tax regulations to prevent treaty abuse and ensure appropriate tax benefits. This study analyzes Judicial Review Decision Number 736/B/PK/PJK/2013, focusing on the case of PT Indosat Tbk and Indosat Finance BV (IFC BV) regarding the determination of beneficial ownership for tax purposes. The findings indicate that IFC BV met the beneficial owner criteria, thus entitled to DTAA benefits, exempting it from Indonesia's Income Tax Article 26 withholding. The case underscores the importance of clear beneficial ownership determination in international tax agreements to prevent abuse and ensure fair taxation.
The Livelihood of Adult Daughters According to Islamic Law: A Case Study of Students at the Syekh Abdul Halim Hasan Institute Rangkuti, Ahmad Zuhri
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.38767

Abstract

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The Views of the Law on Notary Positions & the Criminal Code regarding the Liability of Notaries Using Fake Documents in Making Bank Credit Agreement Deeds Hadiyanto, Alwan
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39590

Abstract

Notaris dalam menjalankan tugas dan jabatannya ketika membuat akta autentik dituntut untuk lebih cermat dan melaksanakan prinsip kehati-hatian, mengingat sering terjadinya permasalahan hukum terkait akta autentik yaitu terdapat pihak-pihak yang melakukan kejahatan seperti memberikan identitas dan dokumen palsu dalam pembuatan akta autentik yang mengakibatkan Notaris mendapat masalah hukum atas akta yang dibuatnya. Penelitian ini mengangkat permasalahan tentang bagaimana tanggung jawab Notaris dalam pembuatan akta perjanjian kredit yang dibuat dengan menggunakan surat palsu. Untuk menjawab permasalahan tersebut, penelitian ini menggunakan pendekatan yuridis normatif dan menggunakan metode analisis data secara deskriptif analisis dengan pendekatan kualitatif. Hasil dari penelitian ini adalah tanggung jawab Notaris terhadap akta perjanjian kredit yang dibuat dengan menggunakan surat palsu tidak dapat dibebankan kepada Notaris karena pada dasarnya Notaris hanya bertanggung jawab dalam hal kebenaran formil dalam pembuatan akta autentik, sedangkan pembuktian kebenaran materil merupakan tugas dari pihak Kepolisian dan Kejaksaan untuk mencari kebenaran materil dalam persidangan. Notaris dapat dibebankan pertanggungjawaban pidana apabila telah lalai dalam melakukan tugas yang menjadi tanggung jawabnya sebagai pejabat umum dalam pembuatan akta autentik sebagaimana ditentukan dalam Undang-Undang Jabatan Notaris (UUJN) dan Undang-Undang lainnya yang berlaku.Katakunci: Kredit; Palsu; Dokumen; Keabsahan.

Page 61 of 82 | Total Record : 818

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