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<![CDATA[Responsibility Of The Notary Department As A Consequence Of Secret Of The Minutes Deed Misuse By Its Employees ]]>
<![CDATA[David Ayank Kurniawan]]>;
<![CDATA[Siska Septiyanti]]>;
<![CDATA[Amin Purnawan]]>
<![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.v7i1.8526
<![CDATA[The purpose of this study is to identify and analyze: 1) The importance of the notary's obligation to safeguard the confidentiality of the contents of any particular act as referred to in Article 16 paragraph 1 of the letter (f) of Act No. 2 of 2014 Regarding Change of Law of 30 of 2004 About the Notary Department. 2). It is the responsibility of the Notary department for the abuse of confidentiality by millions of employees.This study is a type of normative juridical research, using a legislative and conceptual approach to Data collection derived from primary and secondary data, using interview methods and library studies. Data analysis techniques using qualitative data analysis.The result of the research is 1).The importance of the Notary's obligation to safeguard the confidentiality of the contents of the deed, particularly in the matter of Article 16 paragraph 1 letter (f) of Act No. 2 of 2014 About the Amendment of Act No. 30 of 2004 About the Notary Department is to keep everything confidential. and any evidence obtained for the making of the deed in accordance with the oath / appointment of the department. 2). The responsibility of the notary office is due to the misuse of confidentiality by the employees although in this case the notary does not commit a direct offense, because in one of the principles of civil liability there is a principle of absolute responsibility, whereby the person commits an error indirectly (due to negligence or negligence) heart) can be held responsible for the loss suffered by someone.Keywords: Notaries; Responsibilities; Minutes Deed.]]>
<![CDATA[PERAN NOTARIS DALAM PEMBUATAN AKTA IZIN ROYA HAK TANGGUNGAN KARENA HAPUSNYA HUTANG DALAM PERSPEKTIF KEPASTIAN HUKUM ]]>
<![CDATA[EFTY HINDARU SUDIBYO]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 4, No 2 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i2.1782
<![CDATA[Making of license process of roya mortgage right need the role of notary. The research Notary's role in the making of license deed of roya mortgage right because the debt elimination in perspective of legal certainty. The problem in this research are 1) how did the process of making Permit Roya Deed Rights due to debt removal, 2) notary role in making deed of Permit Roya Mortgage Rights due to the elimination of Debt in perspective of legal certainty and 3) what are the Constraints and solutions in the role of notary in making the deed of Roya mortgage right due to the elimination of Debt in the perspective of legal certainty.Approach method used is juridical empirical method, juridical research with the object in the form of law, empirical research is the existence or results of research on the pouring of the applicable laws in the community.The result of this research is that the process of making Deed of Roya mortgage right due to debt removal is based on requests from interested parties and deletion based on the decision of the District Court. The role of a notary in the making of the deed of Roya mortgage right because of the elimination of Debt in the perspective of legal certainty is that roya can be processed if all the requirements are complete. One of them is Roya Letter. The problem is if the roya letter is lost or the certificate of mortgage is lost then the roya process can not be executed by the National Land Agency, then in this case the notary can help with the record in accordance with the rules of notary can issue or make Roya Permit or can be called as a roya concentrate in the form Notarial deed prior to the preparation of a loss report from the police to be issued a certificate of loss. The constraints of the notary's role in the making of the deed of Roya Hak Liability due to the elimination of Debt in the perspective of legal certainty are Roya period exceeds seven days from the date of application, Roya costs exceeds the provisions, Roya Partial Objects of Mortgage Rights which are Not Consist of Multiple Rights to Land and Completeness Roya Requirements Not Fulfilled. While the Solution to overcome the constraints in the role of notary in making the deed of Permit Roya mortgage right due to the elimination of Debt in the perspective of legal certainty is the Accuracy of Time In Roya Settlement Completion Settlement, Roya Rights Cost Assurance and Completeness of Roya Key words; Notary, Roya, Mortgage Right]]>
<![CDATA[ANALISIS YURIDIS KEDUDUKAN HUKUM ADAT DAN PERANAN NOTARIS-PPAT DALAM PROSES PENDAFTARAN TANAH MENURUT UNDANG-UNDANG POKOK AGRARIA DI KOTA SORONG PAPUA BARAT ]]>
<![CDATA[Dwi Pratiwi Markus]]>;
<![CDATA[Amin Purnawan]]>
<![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.v4i3.1800
<![CDATA[This research aims (1) To know and analyze how the process of registration of customary land (2) To know and analyze the position of customary law and the role of Notary-PPAT in the process of land registration in Sorong City West Papua reviewed: According to the Principal Agrarian Law. This research uses a juridical-empirical approach. Yudiris is used to analyze rules relating to customary law and land, while empirical is used to analyze laws based on the behavior of people who always interact in daily life. The result of this research are (1) Government of Indonesia recognition of the existence of land and customary law is set forth in UUPA and PP. 24 of 1997 on Land Registration, so that in the process of registration of customary land in Sorong city is not much different from the registration of land in general. Only the registration of customary land in Sorong must be proven by several conditions that specify in local customary law and has been arranged also in the PP. No. 24 of 1997 (2) UUPA itself is a national agrarian law whose presence is based on indigenous laws of Indonesia known as customary law, so to conduct registration of land in Sorong City must use letters of customary release from the local customary chief, in this process the role of Notary-PPAT is needed in making the declaration of customary release and the role of PPAT in helping people who do not understand the rules of local custom in the process of registration of customary land as long as it does not violate the rules related to PPAT authority set by PerKaBPN No. 8 Year 2013.Keywords: Land, Customary Law, Notary-PPAT]]>
<![CDATA[Review Of The Implementation Process Of Completion Of Juridical Code Violations Of Notary In Kendari ]]>
<![CDATA[Hendro Kusuma Jaya Jaya]]>;
<![CDATA[Amin Purnawan]]>
<![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.v7i2.7881
<![CDATA[Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.]]>
<![CDATA[PERANAN PPAT DALAM PEMUNGUTAN BEA PEROLEHAN HAK TANAH DAN BANGUNAN (BPHTB) ON LINE ATAS TRANSAKSI JUAL BELI TANAH DAN BANGUNAN DI KOTA MAGELANG ]]>
<![CDATA[Yunita Budi Chrissanni]]>;
<![CDATA[Amin Purnawan]]>
<![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.v4i3.1806
<![CDATA[The research titled "The Role of Official Official Deed Officer (PPAT) in Collection of Land and Building Ownership Rights (BPHTB) Online on Land and Building Transaction in BPKAD Kota Magelang" to know how far the role of PPAT in PHTB collection and what obstacles and its solution in BPHTB collection on line in Magelang city.This research uses empirical juridical approach, in collecting data more emphasized on source of primary material, in the form of law and regulation, studying law norms and law science sera theory added by interview to the parties related to the problem in carefully.Based on the method, the research produces principally (1) the Land Actor (PPAT) as the Government Regulation Number 37 Year 1998 concerning PPAT Office Regulation and its implementation is stipulated in Regulation of the Minister of Agrarian Affairs / Head of National Land Agency Number 4 Year 1998 on Implementation of Government Regulation Number 3 In 1998, a general official as intended in Article 1868 of the Civil Code has the responsibility as a partner of the government in carrying out the BPHTB levy which in the Tax Payment of Land and Building Acquisition Rights (BPHTB) is regulated in Local Regulation of Magelang City No. 9 of 2010 on Customs Acquisition of Land and Building Rights (2) The obstacles that arise in the execution of Collection of Land Acquisition Rights of Land and Building (BPHTB) Online in Magelang city and what efforts are made to overcome obstacles is the tax value proposed by the taxpayer Not in accordance with INT (Land Value Index) y Which has been determined by BPKAD the solution regarding it is conducted survey of land and building location by BPHT object building by BPKAD, or taxpayer to clarify the value of BPHTB, if not found the solution to that matter then BPKAD use regulation of Mayor Magelang Regulation Number 7 of 2017 on Local Tax Service And Payment System On LineKeywords: BPHTB, On Line, PPAT]]>
<![CDATA[Juridical Study With Deed Of Under Hand Evidence Which Notarized In Completion Case In Court ]]>
<![CDATA[Eko Nurhanafi]]>;
<![CDATA[Akhmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![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.v7i1.8100
<![CDATA[This study aims to assess and analyze: 1). Notary form of responsibility for the validity of the deed under which legalized hand. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court. 3). The authority of the judge in dismissing deed under the hand that had to notarize a Notary.Research using normative juridical, The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.Based on the results of this study concluded that: 1). Notary form of responsibility for the validity of the deed under which legalized hand there is the certainty that the signature means certain that the signature was indeed the parties to the agreement and not others. It is said that because of legalizing the letter should be required to know the people who are signing an a way to see his ID such as Identity Card and others. 2). The strength of evidence by deed under the hand which has been legalized by the Notary in settling disputes in court that the evidence is perfect as an authentic deed. Deed under the hand that has obtained the legalization of Notaries has the strength of evidence was perfect, because the deed under the hand of the truth lies in the signatures of the parties. So with the recognition of such signatures, then the contents of the deed was regarded as an agreement between the parties. 3) The authority of judges to cancel the deed under the hand that had to notarize the notary is a judge can only do that if put to him a certificate as evidence. The judge on his own initiative may not make a decision without their deed as evidence written agreement.Keywords: Notary; Strength of Evidence; Deeds Under Hand]]>
<![CDATA[Implementation Role Of Notary Deed Incorporation Of Foundation Making Based On Act No. 28 Of 2004 Regarding The Foundation In The Jepara District ]]>
<![CDATA[Kanzu Khirzul Yaman]]>;
<![CDATA[Tasmo Tasmo]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i3.5018
<![CDATA[The purpose of this study was to: 1) To determine the role of the Implementation of the notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara. 2) To know the difficulties and Solutions faced a notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara.Method approach used in this research is a normative juridical approach. Specifications descriptive analytical research. Types and sources of data using secondary data and primary data as well as the use of primary legal materials, secondary law and tertiary legal materials. The collection of data through library research and field study. Qualitative data analysis and deductive.Based on the results of data analysis concluded that: 1) The role of the notary in the deed establishment of the Foundation under Act No. 28 of 2004 on the foundation of Jepara includes three important things, namely, to explain the terms of the deed establishing the foundation to the founder of the foundation, make certificates of establishment, then submit the ratification to the Minister of Justice and Human Rights. 2) Barriers and Solutions encountered in the manufacturing notary deed of incorporation of the Foundation under Act No. 28 of 2004 on the foundation of Jepara is in the maintenance of the terms of the deed establishing the foundation has not completed such as TIN foundations as well as the identity of the parties is not an e-ID card, the solution is certainly advise coaches / administrators to quickly gather the requirements in the manufacture of its founding act.Keywords: Implementation; Notary Deed; Role of Establishment Foundation]]>
<![CDATA[Setting the Effectiveness of Law Position and Code Notary to the Quality of Performance ]]>
<![CDATA[M. Indah Verena Ferdiyanti]]>;
<![CDATA[Dwi Fahri Hidayatullah]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 6, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i4.7887
<![CDATA[This study aims to determine the readiness of governments to regulate and promote the performance of the notary through UUJN and implementation supervision performed by the Supervisory Council, how effective arrangements and Notary Code UUJN to the quality of performance of a notary. The writing method is based on the normative juridical research with a normative approach carried out by analyzing the material by reference to the norms of law - legal norms in the implementation of the code of conduct notary. The results of this study that the notary in carrying out its duties and responsibilities can not be separated from the code of conduct that has been set. But not infrequently the notary work outside their code of ethics. Actions that violate the code of conduct notary, such as signing a deed that is not done in the presence of a notary, a deed outside the office and a deed which is not in accordance with the provisions contained in Law No. 2 of 2014. This of course led to the violation of the law regarding the conduct of their duties. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out INI is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership.Keywords: Notary Act (UUJN); Notary Code; Indonesian Notaries Association. ]]>
<![CDATA[KAJIAN HUKUM JAMINAN HAK TANGGUNGAN YANG DILELANG TANPA PROSES PERMOHONAN LELANG EKSEKUSI KE KETUA PENGADILAN NEGERI ]]>
<![CDATA[Catur Budi Dianawati]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Akta Vol 4, No 2 (2017) ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v4i2.1755
<![CDATA[The facts on the field showed that the creditors often conducted public auction without first applying to the Chairman of the District Court, yet directly to the auction office made under article 6 of law number 4 year 1996 about mortgage right upon land and things related to it. The following were the problem formulation of the study; (1) how should the procedure for public auction be made according on the law number 4 year 1996 about mortgage right upon the land and things related to it? (2) Why did the creditors auction the guarantee of the dependent right without experiencing the process of proposing the permit for the auction to the Chairman of the District Court? (3) What would the legal consequences be towards the guarantee of the mortgage right auctioned without the process of getting the permit from the Chairman of the District Court?Method used in this study was adopted from the approach of juridical empirics (empirical legal research). The collected data were processed and verified using descriptive analysis to which it is frequently intended to research for human, condition and other phenomena.Based on the result in this study and the result from discussion about the procedure of public auction towards the guarantee of mortgage rights according to the law Number 4 Year 1996 about mortgage rights upon land and things related to it to which it is arranged in the provision of article 26. It is observed that as long as there is no rules of legislation specifically governs the execution of mortgage rights, the procedure of this execution should comply with hypothec execution as arranged in article 224 in the refurbished Indonesia Regulation (Het Herziene Indonesisch Reglement/HIR). Article 6 of the law Number 4 Year 1996 about mortgage right upon land and things related to it where it gives the right to the creditors holding the first mortgage right to sell the object on his own power, in case, the debtors violates the commitment, became the reasons why they auctioned the guarantee of the right without proposing the permit for the auction to the Chairman of the District Court. The legal consequence towards the guarantee of the mortgage right auctioned without experiencing the process of proposing the permit for the auction to the Chairman of the District Court was null and void. Keywords : Guarantee of Mortgage Right, Public Auction, Chairman of District Court]]>
<![CDATA[Juridical Analysis QR Code Inclusion in Deed Seen From Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 about Notary ]]>
<![CDATA[Angga Hardityo]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Setyawati Setyawati]]>
<![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.v6i2.5014
<![CDATA[A public official authorized to make an authentic deed regarding all actions, agreements and statutes that required by regulation or desired by the public interest that is expressed in an authentic deed is a Notary. The competent authorities have the duty and obligation to provide legal certainty on a whim deeds poured in the form of Deed. The times and the modern era such as the present need for security in the Deed to prevent counterfeiting deed, which one of them by using the QR Code in the Deed. Prudence needs to be done by a Notary Public, including keeping the deed of forgery measures. The safeguard measures need to take into account the provisions of legislation, as noted in UUJN Article 38 Paragraph (1) that: "each certificate shall consist of: a. Early Head Deed or Deed, b. Deed Agency, c. Closing the end Deed or Deed. This study aims to: 1) identify and analyze about the inclusion of the QR Code on the terms of the Deed Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary; and 2) determine the position of Deed which included the QR Code on the deed by Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary.Keywords: Analysis of Juridical; QR Code; Deed; Notary Law.]]>
