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District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr) Bayun Kismantoro; Akhmad Khisni
Jurnal Akta Vol 6, No 3 (2019): September 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.v6i3.5105

Abstract

The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant. 
AKIBAT HUKUM DARI AKTA JUAL BELI TANAH DIHADAPAN PPAT YANG DIBUAT TIDAK SESUAI DENGAN PROSEDUR PEMBUATAN AKTA PPAT Istanti Istanti; 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.v4i2.1797

Abstract

This research aims to know and analyse which kind of drawing up the land buying-selling certificate categorized as appropriate or not appropriate with the procedures of drawing up a deed by the land certificate issuing officers, and what the legal effect of this procedural distortions is, as stated above.Sociological-empirical research methode which is characterized as descriptive analytic research is applied in this research. Morover, the approach methode applied in this research is empirical juridical qualitative approach with a specification on a prescriptive research. The primary data sources are direct interviews, whereas the secundary data sources are data taken from the primary, secondary and tertiary data. The data collecting is executed by making use of literary studies, interviews and qualitative data analysis.The research findings analyse the buying-selling deed processed in front of the land certificate issuing officers, but which is not executed appropriately in the right procedures. This unprocedural process of drawing up the land deed related to the land buying-selling certificate, is caused by certain situations and conditions of the buying-selling rights executed in front of the officers which are compulsory. Officers are willing to ignore the procedures of drawing a buying-selling certificate as ordered in Government Order No. 37 / 1998 regarding Orders on Officers of Land Certificate Issuing Officer, and Government Order No. 24 / 1997 regarding Land Registration and its executional procedures.Negative effects of the actions done by the land certificate issuing officers who ignore the real procedures, are that, firstly,  the deed can be degraded, and secondly, the officers can be punished to be guilty as a result of their incorrect actions.Keywords : legal effects, deed drawn up by the land certificate issuing officer, buying-selling, procedures.
Effects The Constitutional Court Decision Allowing Marriage Agreement After Marriage (Constitutional Court Decision No. 69 / PUU-XIII / 2015) Kevin Hanif Hakim; Akhmad Khisni
Jurnal Akta Vol 6, No 2 (2019): June 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.v6i2.5020

Abstract

At first the marriage law stipulated in the Civil Law Act (Civil Code) and subsequent regulations related to marriage and even then dealt with separately by Act No. 1 of 1974 on Marriage. On October 27 2016 the Constitutional Court (MK) through its Decision No. 69 / PUU-XIII / 2015 gives constitutional interpretation of Article 29 of Act No. 1 of 1974 on Marriage which basically says that the marriage contract can be carried out during the marriage bond. Therefore, the object of the author's thesis writing is a result of the law of the Constitutional Court decision that allows marriage after marriage. And the formulation of the problem in this paper are the implications of the procedure / mechanism of making the marriage contract and the legal consequences of the status of the property as well as third parties who feel aggrieved over the agreement. Methods used by the authors te is normative research method. So as to obtain results that due to the Constitutional Court's decision that allows the marriage contract after marriage alter the legal mechanism of making the marriage contract that can now be created during the marriage bond takes place by the Notary without preceded by the determination of the competent court and the legal consequences of making the marriage contract after the wedding on the status of property together with the inherent (closely related) to the time of entry into force of the agreement and binding on third parties.Keywords: Notary; Marriage Agreement; the Constitutional Court Decision
Implementation Of Registration Of Transfer Of Rights Reserved Land For Endowments By Permen Atr Bpn No. 2 Of 2017 In Pati Regency Rubin Pratama; Akhmad Khisni
Jurnal Akta Vol 6, No 3 (2019): September 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.v6i3.5101

Abstract

The purpose of this study was to identify and analyze: 1) Implementation of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 2) As a result of the Law of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 3) Barriers and Solutions in the Process of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive qualitative analilis.Results of the research results can be concluded: 1) The registration of transfer of property rights to land as endowments by Permen ATR BPN No. 2 of 2017 in Pati regency categorized into two, namely for Waqf land registration activities that have not been certified (customary land) and the endowment of land that has been certified. For land that has not berserifikat documents furnished as the Deed of Pledge Waqf, copy of ID / KK, Ffoto copy of ID card / ID holder, a certificate of history of the land, a statement of physical mastery, the power of attorney request, a copy of property tax, proof of the right base / proof of ownership, a letter of disputes and probate Nadzir. As for the registration of land that has been certified requirements document completeness namely Deed Pledge endowment, land title certificates, copy of ID / KK Applicant, copy of ID / KK owner rights, petition, revelation of the grace period endowments, probate Nadzir, a statement of the land is not dispute, a statement of the land / building physically controlled, and evidence of CNS / PPH. 2) The legal consequences transitional registration of land titles for endowments, namely the status of Waqf land rights be have legal certainty. Waqf land registration set forth in Regulation ATR BPN Number 2 of 2017 concerning Procedures in the Ministry of Waqf Land Registration BPN ATR is a target to hold a legal simplicity. 3) Barriers still the majority community in Pati regency are still reluctant to take care certificate donated land, because of the assumption that the Waqf land certification process requires very expensive, the government's solution is to conduct information dissemination and outreach to the community.Keywords: Endowments; Land Registry; BPN
Judge Authority To Cancel The Notary Deed As Authentic Evidence Moh Adib Aristyawan; Akhmad Khisni
Jurnal Akta Vol 6, No 2 (2019): June 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.v6i2.5066

Abstract

The purpose of this study were 1) to identify and explain the authority of a judge to cancel the notarial deed as authentic evidence 2) To identify and explain the condition of the cancellation of a notary and legal consequences of the cancellation of an authentic deed. This research method is using empirical juridical approach "empirical juridical approach used to study the legislation. Specifications research used in this study is a descriptive analysis, from this study is expected to obtain a detailed and systematic description of the problem to be studied. Based on data analysis concluded that 1) Judges have authority give an assessment of a notarial deed which was used including eventually issued a verdict "cancel" the notarial deed. The authority of judges in dismissing a notarial deed in a civil case is based on the plaintiff's request wants in the lawsuit. The judge is not authorized to hear and determine a claim outside of what is included or requested by the parties in the suit so the judges to be passive. 2) The cancellation of the notary deed because of the element of achievement or objective requirements of the power of attorney and the deed of sale. As a result of the law is a) Clear and void as a result, legal acts which do not have legal effect from the occurrence of such legal acts. b) Can be canceled: legal act performed does not have the legal effect since the cancellation. c) Degraded strength of proof (UUJN): an authentic act has the strength of evidence that is complete or perfect in the proceedings, but the forces can be degraded / slowdown / downturn into a deed under the hand when in the making violation of the provisions of the requirements under laws apply. d) Subject to administrative sanctions in the form of verbal warning and a written warning light if violations.Keywords: Authority; Deeds; Notary; Authentic evidence
ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015 Wisda Rauyani Efa Rahmatika; 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.v4i3.1809

Abstract

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary
Juridical Review on Grants of Treasure Together Of Child Due Divorce In Religious/ Islamic Courts of Kendal Bagus Malik Hakim; Akhmad Khisni; Munsharif Abdul Chalim
Jurnal Akta Vol 6, No 4 (2019): December 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.v6i4.7667

Abstract

Divorce in the event, then the entire joint property, the property acquired during the marriage is divided into two parts, namely the upper half of the husband and half to the wife. Kendal Religious Court in deciding the division of joint property, there are in accordance with the provisions of Islamic Law Compilation, is half portion for half of the husband and wife to. But there is also, Kendal Religious Courts decide part of the joint property of the wife is greater, which is part of the joint property to the wife more than in the joint property of the husband. There is also, the Religious Courts Kendal cut off all joint property is granted (given) to his son.The purpose of this research are: 1) To know and understand the implementation of joint property grants to children of divorce in the Religious Kendal. 2) To know and understand the considerations related decision Religious Court judges Kendal in community property donated to the children of divorce. 3) To know and understand the barriers and solutions implementation of joint property grants to children of divorce in the Religious Kendal. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Kendal Religious Court Decision on the Implementation of the Joint Grant Treasure Kids Due To Divorce Court Kendal Religion is a decision that truly reflects the sense of justice, reflect expediency and legal certainty. Therefore, when the divorced husband and wife agreed to grant the joint property willed to his son, accompanied by a deed of peace. Therefore, the verdict ideal is when it contains elements of Gerechtigekeit (justice), Zweckmassigkeit (benefit), and Rechtssicherheit (rule of law) in proportion.Keywords: Overview of Juridical; Grant; Treasure Together; Divorce.
PERAN NOTARIS DALAM PEMBAGIAN WARISAN KEPADA ANAK HASIL LUAR KAWIN DITINJAU DARI HUKUM HARTA KEKAYAAN DAN PEWARISAN SERTA HUKUM WARIS BARAT Muhammad Sidiq; 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.v4i2.1786

Abstract

The research of this thesis in order to (1) to know the definition of a child outside marriage in a positive law of Indonesia is a child born in a legal marriage according to a religion that fulfills the provisions, it is just not recorded in the civil record; Judging by the Compilation of Islamic Law and the Civil Code (2) to know the magnitude of division of marriage out of the Compilation of Islamic Law and Civil Code (3) to know there is a Notary's role in the division of inheritance in the making of Statement of Inheritance and Certificate of Inheritance. Starting a dispute relating to the building of a married child in the future, the Notary may make peace deeds and / or agreements on the release of copyright.This research uses normative juridical approach. This study uses secondary legal materials, which include positive laws or regulations, research results, scientific papers, and other legal literature references that support problem analysis. This approach seeks to examine and explore and seek answers to what should be of every problem.This study produces in essence (1) Outsider is a child born in a legal marriage according to religion is not yet recorded. Therefore, according to Islam, the outsider is legally and legally entitled to inheritance, as well as seen from the perspective of civil law (2) The magnitude of the division of marriage out of the Compilation of Islamic Law is to use the calculations commonly used to divide the inheritance Using principles in KHI. Similarly, the Civil Code that divides the inheritance of children outside of marriage based on the principle of the Civil Code. In contrast to the inheritance division of an out-of-wedlock child (in the sense of the Civil Code) divided according to which group he was abandoned. The offspring studied by the authors differ from the definition of children outside marriage in the Civil Code (3) The role of a notary in the division of inheritance contributes to the making of the Statement of Inheritance and the Inheritance Certificate. In the event of a dispute, a Notary may produce peace deeds and / or an agreement of waiver of claim.Keywords: Outsider married, Marriage Law, Compilation of Islamic Law, Notary
Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari Bahrul Alam; Akhmad Khisni
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.v7i2.7963

Abstract

The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.
Dispute over Double Certificate on the National Land Agency of Indramayu District Titi Resmiyanti; Akhmad Khisni; Achmad Sulchan
Jurnal Akta Vol 6, No 4 (2019): December 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.v6i4.7577

Abstract

The purpose of this study was to: 1) Analyze the dispute resolution on dual certificates in the National Land Agency Indramayu district, 2) Barriers and Solutions Upon completion of Certificate Associate at the National Land Agency Indramayu district.The approach used in this paper is empirical sociological juridical with the help of primary data or empirical data as the main data. Sociological research empirical law is a legal research methods that identify and conceptualize law as a social institution rill and functional in a real life system. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative.The research results are: 1). Settlement of disputes over double certificates in the National Land Agency Indramayu district that summons to the parties to the dispute to mediation. If mediation is not successful then the case was continued with the proceedings. The process of settlement is with the trial. Aspects that influence the judge determines the choice of action in the resolution of a dispute ie double certificate in terms of proof, because the facts and events as the principal case will be known judge from the evidence submitted by the parties to the dispute 2). Obstacles in solving the double certificate in Indramayu district that is party to the dispute does not come in mediation, data submitted on the land question is not clear, each party wants to win the case and the importance of their own interests. Solutions that can be done is the mediator to give some advice to the parties so that more can cooperate in following the legal process, so that the process can be completed justice and it takes a long time.Keywords: Dispute; Double Certificate; BPN.