Jurnal Akta
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
Articles
818 Documents
<![CDATA[Notary Role in Implementing Acquisition of Assets Debtors (AYDA) To Overcoming Bad Debt Settlement (Case Study at Banking Pati Regency) ]]>
<![CDATA[Hartini Hartini]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.7626
<![CDATA[The aim of research to determine: (1) Implementation of foreclosed assets by the Bank; (2) The role of the Notary in the Implementation of foreclosed assets; and (3) Obstacles and solutions in the implementation of foreclosed assets by the Bank. The data used in this research is secondary data in the form of primary legal materials, legal materials, secondary, tertiary and data.Based on the results of data analysis concluded that: (1) Implementation of foreclosed assets is done through voluntary surrender by the debtor, the auction of mortgage, and the legal process; (2) The role of the Notary in the Implementation of foreclosed assets through legal acts compensated by making the Sale and Purchase Agreements; and (3) Obstacles to the implementation of foreclosed assets derived from: (a) the debtor, the debtor does not happen because the credit cooperative in completing the stalled; (B) a third party, in this case mainly the owners of land and buildings pledged by the debtor to the bank as a creditor. Third parties often take the fight at the time of the execution of the collateral to be taken over; and (c) the country through the provision of legislation. Solutions to overcome these obstacles through the effectiveness and efficiency of foreclosed assets.Keywords: Notary; Foreclosed Assets; Credit Los.]]>
<![CDATA[Strength Of Evidence The Deed Under Of Hands In The Case Civil Evidence ]]>
<![CDATA[Khalimah Khalimah]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i1.4257
<![CDATA[Deed under the hand that has obtained the legalization give assurance to the judge about the date and the identity of the parties to the agreement. The strength of evidence deed under hand as evidence in court proceedings connected with the notary authority in legalization, as for the purpose of this research is to know how strong the deed under the hand of proof in proving the civil case.Research method used in this research is normative juridical study of the legal texts alone, but involves the ability of scientific analysis of legal materials to support eversafe against legal theory. Sources and Types of Data based on primary law material that is taken from the Book of Legislation applicable and secondary law, which consists of reference books and journals and scientific papers, the results of research related to materials research.From the research it can be concluded that the Power of the deed under the hand that had deilegalisasi by notary it would be perfect proof if the party wants and recognize the signature on the deed agreement under the hand that had terlegalisasi by Notary.Keywords: Legalization; Deed; Notary. ]]>
<![CDATA[Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away ]]>
<![CDATA[Susilowati Susilowati]]>;
<![CDATA[Yuniar Pradhana Mukti]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3098
<![CDATA[The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage rights in the form of land rights arising from the conversion of old rights that have been eligible to be registered but the registration has not been done, the granting of the mortgage shall be conducted simultaneously with the application of the right to (Letter C). On the other hand, the mortgagee has died and left the heirs, then there are several ways of settlement made by the bank, namely: If the credit has matured, then the credit is covered by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed up to his heirs by approaching the family by offering loan interest rate relief. It is expected that the government through the National Land Agency can organize the process of land certification in a relatively short time so that it can support the economic activities of the community.Keywords: Mortgage Right; Uncertified Land; The Grantor Is Passed Away]]>
<![CDATA[TINJAUAN TERHADAP PELANGGARAN KODE ETIK JABATAN NOTARIS DI KABUPATEN PURBALINGGA ]]>
<![CDATA[Yogi Priyambodo]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1805
<![CDATA[An insufficient Notary only owning membership of law but also have to base on responsibility and carrying out of to be august of ethics and prestige. Role and of Notary of vital importance to traffic punish in society, therefore Notary have to earn to run its profession professionally have, high dedication to and also always hold high standing and its prestige by upholding code of ethics Notary. So that can run its duty better as steward of society, a professional have to run its occupation by harmonizing among owned membership by respect code of ethics profession. Ethics is norms, rules and conditions, which must fulfill by a group of one who is conceived of by circle of professional. Therefore, of vital importance to all Notaries to be able to more comprehend of that deed can be told as collision of code of profession. Ethics, how organizational effectiveness Notary Indonesia in giving construction to all Notaries in order not to happen things which harming Notary and served society it.Pursuant to the things hence problems to check in this research: A Violations code of ethics, barriers and solutions Violations of code of conduct, as well as the legal consequences violations of the code of ethics by notary in district Purbalingga.Approach method the used is approach of empirical yuridis and specification of which is used in this research have the character of analytical descriptive research. Pursuant to result of research can be concluded supervisory council area district Purbalingga which acts as watching and collecting facts about the society and finding relations to violation and board of trustees having authority fall of sanctions to offenders, barriers experienced in the form of inadequate infrastructure, while the legal consequences about moral judgment and ethics Notary itself.Keywords : Violation, Code of Ethics]]>
<![CDATA[Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary ]]>
<![CDATA[Mochamad Rizqi Sismanto]]>;
<![CDATA[Anwar Saleh Hasibuan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Akta Vol 7, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i2.7890
<![CDATA[The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.]]>
<![CDATA[Law Strength of Notary Deed in Legality Strengthening Of the BUMDes in Perspective of Permendesa No.4 Of 2015 (Studies on Village-Owned Enterprises of Semarang) ]]>
<![CDATA[Medina Praba Andini]]>;
<![CDATA[Hari Condro Wibisono]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5027
<![CDATA[The purpose of this study were 1) Aim and analyze the legal force of Deed in strengthening the legality of the establishment of village-owned enterprises be seen in the perspective of PERMENDESA No. 4 of 2015 (Studies in the village-owned enterprises of Semarang), 2) Aim and analyze the weaknesses and solutions Deed in the preparation of the establishment of village-owned enterprises in Semarang.The approach used in this study is a sociological juridical approach, sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. Specifications research used in this study is descriptive analytical, analytical descriptive study sought to describe the legal issues, the legal system and to study it or analyze it according to the needs of the research in question.Based on the results of data analysis concluded that: 1) BUMDes established by Regulation village formed by the village government and village Permusyawatan Board by consensus together. In addition to the legitimacy of the establishment of Village Regulations as BUMDes, reality on the ground there are some BUMDes in Semarang which have included Deed in strengthening the legality of the establishment. Deed as reinforcement of legality establishment BUMDes have binding legal force that can provide legal certainty and legal protection in the future, 2) weaknesses in the establishment Deed preparation BUMDes based research are: 1. Each BUMDes will have the format of AD / ART different and certainly not the same as the standard format of a Notary Public. 2. References are minimal regarding creation BUMDes Deed of Establishment. Because in PERMENDESA No. 4 of 2015 only confirmed that each village can form BUMDes under Regulation village. Recording BUMDes establishment in the Deed is an initiative of the board BUMDes itself. The solution of these weaknesses is the knowledge and experience related notary deed BUMDes. Associated with the solution that has been mentioned in addition to the importance of the knowledge and experience of a Notary in making a deed, but also Notaries need to provide clarification of the law, the deed was made since the implementation of the duty office of Notary "Esteroic" which means needed special education and sufficient capacity to run, as in the case of duties required accuracy, precision and accuracy. In addition, the Notary as public officials must be sensitive, responsive, has a sharpness of thinking and able to provide a proper analysis of any legal phenomenon and social phenomenon that appears so so will cultivate an attitude of courage in taking appropriate action.Keywords: Owned Village; Deed; Severability.]]>
<![CDATA[Authority Of Notary In Making Related Act With Land In The Context Of Land Registration Under Paragraph 2 Of Article 15 Of Notary Law ]]>
<![CDATA[Argo Suseno]]>;
<![CDATA[Sema Ardianto]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 5, No 3 (2018): September 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i3.3182
<![CDATA[Notaries in making written evidence in the form of an authentic act, done according to the will of the parties / party attended for otherwise in agreement and in front, so as not to violate the law, and that the will of the parties is done properly and correctly. The aim of this study was to know implementation notary authority in the said agreement to land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law, as well as to find out the barriers and solutions in the implementation of the authority. The method is carried out normative, descriptive specification using secondary data, through literature, then analyzed qualitatively. The results show that (1) the exercise of authority notarized in agreement a blessing to the land in the context of land registration in accordance with Article 15 paragraph 2 of Notary law is done according to the code of ethics of notaries authorized to make the Agreement of Waiver or agreement of transfer of right, obstacles encountered is community refusal to act because of the cost factor and solutions in the implementation of the authority having socialization law on public notary's role in making the act in the context of land registration.Keywords: Notary, Authentic Documents, The Land Registry.]]>
<![CDATA[OPTIMALISASI NILAI PEMANFAATAN WAKAF DARI FUNGSI SOSIAL MENJADI EKONOMIS DI KOTA SEMARANG ]]>
<![CDATA[Joko Dwi Widiyanto]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 4, No 3 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i3.1821
<![CDATA[The purpose and this research is for the existence of function and benefit of waqf as well as factors influencing the existence of function and manfat of waqf, solution and solution about function and benefit of waqf in society after notarial deed and social function become function in town of SemarangThis research is empirical law research, that is research based on the implementation of optimization of social wakaf utilization value into a frugal function in Semarang City The existence of shifting funngsi and wakaf benefits in Semarang City in the formulation of the transfer function by granting the previous waqf. Factors that affect the function and benefits are by way of selling and the results used to purchase new and broad wakaf data obtained are analyzed quantitatively.Optimizing the benefits of the utilization of waqf from social function into a frugal function in the city of Semarang by the researchers, then at the end of the series of research activities of this Thesis, will be concluded about the practice of transferring wakaf by nazhir Pedurungan Sub-district of Semarang that has been found, the existence of shifting funngsi And Benefits of waqf in Semarang City in the way of testing by granting the previous waqf, factors influencing the existence of the functions and benefits by way of selling and the results used to buy a new waqf, the implementation of the transfer function is done by granting the previous waqf After being dismantled As a waqf object that pole mosque, roof and windows, and the floors derived from the wakaf of the mosque maker's waqf objects is no longer functioned as a waqf object of the mosque that comes from ulin wood, all the wakaf objects that dibabak is granted to Other mosques y Ang need.The reason for the constraints on the function and benefits of wakaf in the community after the notarial deed of the social function became the basic economic function of the practice of transferring wakaf function by nazhir in Kecamatan Pedurungan Semarang City is as follows: Because the mosque can not accommodate the number of jama "ah that happened happened At The first case In the case of the second and the third case Accompanied by the highway Solutions falling out of the consequences of wakaf pengakfungsian practices by nazhir in Pedurungan Subdistrict Semarang City is the community can take advantage of the implementation of the transfer of wakaf function by nazhir in Pedurungan Subdistrict Semarang City, occurred in all cases Has been investigated in the field A practice of transferring the function of waqf by nazhir in Kecamatan Pedurungan there is pro and there is a cons, and the law is not the practice of wakaf pengakfungsian by nazhir in Kecamatan Pedurungan not procedural, As for the solution about Function and benefit of waqf in society after made notary deed from social function become basic security function of practice of transferring wakaf by nazhir in Kecamatan Pedurungan Semarang CityKeywords: Utilization of Endowment and Social Function]]>
<![CDATA[The Implementation For The Seeker Confidence After The Enactment Of The Constitutional Court Decision No. 97/Puu-Xiv / 2016 Concerning Population Administration In Rembang District ]]>
<![CDATA[Denni Saputra]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 6, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i2.5013
<![CDATA[Problems of this research is how the implementation for the seeker of confidence after the enactment of the Constitutional Court decision No. 97 / PUU-XIV / 2016 concerning Population Administration; how the implementation of the marriage for the seeker of trust; how the solution implementation barriers for seeker confidence of marital trust; how the notary authority in making authentic act for marriage seeker of confidence. The method used in this research is empirical juridical approach derived from data obtained from the collection of primary data and secondary data, and then analysed by qualitative descriptive analysis method. The data collection technique used was the study of literature (laws, and books about this research) and field studies (interviews with respondents who made sources). Data analysis technique using qualitative data analysis.Based on the findings of researchers showed that appear false assumption of the seeker of the belief that the implementation of the marriage for the seeker of trust cannot be empowered by law, cannot be served their implementation by the competent authority; The absence of laws that specifically regulate: the Marriage of the seeker, recognition that the seeker of trust including one of the official religion; providing solutions to create and revise laws pertaining to the seeker of such beliefs in terms of recognition as a religion and the administration of residence; Notary involves authority until now could not be done on the implementation of the marriage for the seeker of Faith, a notary has no authority in making authentic act, in the absence of legislation governing it. But it can be circumvented by issuing a certificate in Partij deed.Keywords: Marriage; Seeker Confidence; Population Administration.]]>
<![CDATA[Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang) ]]>
<![CDATA[Diyah Ayu Fatkhurochmah]]>;
<![CDATA[Dedy Nurjatmiko]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Akta Vol 5, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i2.3234
<![CDATA[The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute]]>
