Articles
<![CDATA[Juridical Study of Application of Land Based Grants for Children under Age (Minors) In Purwokerto City ]]>
<![CDATA[Kusdyastuti Pratiwi]]>;
<![CDATA[Boma Wira Gumilar]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v6i3.5089
<![CDATA[The purpose of this study was to identify and analyze: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto. 2) Barriers to Land Rights Application Process. 3) solution or an attempt to overcome barriers that arise in the Land Rights Application Process Based Grants for Children Under Age in Purwokerto.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 and qualitative analysis.Results of the research can be concluded: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto are filing a trust, do grant agreement, made a grant deed in front of PPAT. To get the grant deed, PPAT Purwokerto provide the terms of a document that must be completed. Furthermore PPAT within a period of seven (7) days after the grant deed signed certificates are required to submit the following relevant documents to the Land Office to be registered switchover rights. 2) Barriers experienced from the Land Deed Official (PPAT) is data required SVTO not exist, it can happen PPAT delay the process to wait until the publication of SPPT of the UN office. In the Land Office, Officers from the land office convoluted in keterangannnya. The resistance of the people or the Applicant is the difficulty in the process of application for registration which is due to a lack of public knowledge about the registration of land. 3) The solution or an attempt to overcome barriers that are PPAT could short SVTO asked for a letter to the UN office, to the Land Office can provide public education related to easy and the importance of land registration. For the public to be more active in seeking information about the application process transition of land rights.Keywords: Grant; Children under Age; Certificate of Land.]]>
<![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.v4i3.1822
<![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[Effects for Land Deed Official (PPAT) in the Sale and Purchase Agreements of Land Which Does Not Match With Procedure of the Land Deed Making in Magelang ]]>
<![CDATA[Sahudi Sahudi]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v6i4.7634
<![CDATA[The purpose of this study was to analyze: 1) The forms of the deed of sale of land that is not in accordance with the procedures of the Land Deed Manufacture in Magelang. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures of the Land Deed Manufacture in Magelang. 3) The legal consequences for the Land Deed Official (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in Magelang.This research is normative juridical approach, the sociological juridical approach. The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.The research results are: 1) The forms of the deed of sale of land that is not in accordance with the procedures Making Land Deed in Magelang among which the sales and purchase agreement by the parties do not before PPAT who signed the deed of sale (deposit certificate), signing not done in the same time in front of PPAT, the transaction price values contained in the deed of sale is different from the actual transaction value. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures Making Land Deed in Magelang, namely the existence of a situation which requires PPAT to manufacture the deed of sale that is not in accordance with the procedures deed PPAT is needed in order to save a sale and purchase transaction , their high trust between the parties with PPAT, a factor the value of security be so PPAT would follow the wishes of the parties. 3) The legal consequences for Deed Official Land (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in the district of Magelang is PPAT be dishonorably discharged from his position, may be subject to administrative sanctions and fines in accordance with the regulations applicable.Keywords: Sale and Purchase Agreements; PPAT; Effects.]]>
<![CDATA[Legal Analysis on Status as A Co-Defendant Notary in Dispute of Gather Treasure (Case Study in The Court of Ungaran District No: 105 / Pdt.G / 2016 / PN.Unr) ]]>
<![CDATA[Rudy Iskandar Ichlas]]>;
<![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.v6i2.5035
<![CDATA[Authentic Deed is not solely determined by the law but must also be made before a public official even though the parties have signed. Pernasalahan formulation of this research: 1. How plaintiff legal reasons related to the notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr ?, 2. What legal consequences for the Notary as a co-defendant in the decision number 105 / Rev. G / 2016 / PN. Unr. In conclusion: 1). Position Anief Ratnawati, SH, Notary / PPAT in Ungaran as Co-Defendant extremely detrimental due to the lack of legal certainty as Co-Defendant and One goal (error in persona). Hence proved their obscuur libel and Error In Persona judge shall include in its decision to declare the judgment can not receive (NO: Niet ontvankelijk verklaard) lawsuit plaintiffs, 2). Anief Ratnawati, SH. as a Notary Public who is drawn into the dispute be imprecise Co-Defendant not authorized in terms of time (Onbevoegdheid ratione Temporis) and violates the principle of legality and the principles of civil law as private law. On the other hand the plaintiff proved to be an inheritance dispute within the competence of religious courtsKeywords: Legal Analysis; Notary; Co-defendant; Dispute; Gather Treasure.]]>
<![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[Ratio Decidendie Judges On The Cancellation Of Certificate Of Land Right That Does Not Remove The Ownership In Kendari State Court (Case Study On Decision No. 62 / Pdt.G / 2012 / PN.Kdi) ]]>
<![CDATA[Muh. Ramli Jaya]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v7i2.7967
<![CDATA[This study aims to determine how the Ratio Decidendie judges and legal consequences of the implementation of verdict on cancellation of certificate of ownership that does not remove the right to land ownership in the State Court of Kendari. This study uses the type of normative juridical research using law approach, conceptual approach and the approach the case with premier legal materials, secondary and tertiary material.Based on the studies concluded that the judges verdict in case number 62 / Pdt.G / 2012 / Pn.Kdi confirming ownership of the Plaintiff. Certificate Revocation Proprietary No. 37 / Anduonuhu Village and property rights certificate No. 38 / Anduonuhu Village through Decision Kendari State Administrative Court No. 29 / G / 2010 / PTUN-Kdi flawed due to its publication of juridical / procedural defect. While consideration by the State Court case number 62 / Pdt.G / 2012 / Pn.Kdi explain pedestal of land rights in the form of Decree of the Governor of the Province of South East Celebes Number. 11 / HM / 1979 dated January 16, 1979 not been declared void. So that the Plaintiff's legal rights remain attached. Plaintiffs can reapply for the certificate issued by the applicable legislation.Keywords: Ratio Decidendie; Certificate Revocation Property Rights; Land Rights.]]>
<![CDATA[PROBLEMATIKA HUKUM AKTA HIBAH ATAS TANAH YANG TIDAK SAH KARENA MELEBIHI BAGIAN TERKECIL AHLI WARIS ]]>
<![CDATA[Ratnasari Ratnasari]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v4i2.1783
<![CDATA[A grant is a legal act of transfer of ownership that is deliberately given to another party. In Article 1682 of Civil Code states that the implementation of the grant is done by using an authentic deed. The finding of this research on the verdict of Klaten District Court no. 8 / Pdt. G / 2001 / PN.Klt, where the land grant with Grant Deed no. 387 / DLG / 23/1999 and Grant Deed no. 388 / DLG / 23/1999 dated 30 August 1999 which has been made by defendant I (Land grantee) is declared null and void because it is illegal (legal defect) and has no legal power to be used as evidence of land grant rights. The conclusion in this research is the consideration of the judge in civil suit case with case No.8 / PDT.G / 2001 / PN. Klt constituted by the Civil Code (BW) which states the Grant Deed No 387 / DLG / 23/1999 and the Grant Deed No. 388 / DLG / 23/1999 shall be declared to have no legal force and shall be void by law because they have no material evidentiary power.Keywords : Legal Problems, Authentic deed, The heir’s minimum right]]>
<![CDATA[The Role Of Notary And Land Deed Official (PPAT) In The Process Of Waqf (Endowments) Deed Making ]]>
<![CDATA[Muhammad Fatih Wahab Alhaddafi]]>;
<![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.v6i2.5010
<![CDATA[The purpose of this study were 1) To determine the role of the Notary and the Land Deed Official (PPAT) in the manufacturing process Waqf deed, 2) to determine the obstacles and solutions Notary and Land Deed Official (PPAT) in the manufacturing process of Waqf deed.The method used in this research is normative juridical approach is the approach taken by the primary legal materials by means of studying the theories, concepts, principles of law as well as legislation related to this research. The specifications research used in this research is descriptive, which aims to unravel the facts to obtain an overview, on current issues, Based on the results of this study concluded that 1) The role of the Notary and the Land Deed Official (PPAT) In Preparation of Deed of Endowment. In the Act the existing regulations, a notary and land Deed Official (PPAT) does not have a role in making the Deed of Endowment. In fact, people need the help of Notary and land Deed Official (PPAT) in the process of making the Deed of Endowment for the maintenance of soil and conditions and Nadzir Wakif need can be helped by a Notary and land Deed Official (PPAT). 2) Constraints Notary and Land Deed Official (PPAT) In Preparation of Deed of Endowment. In this case the Notary and Land Deed Official (PPAT) has a problem because in Undan Act, Notary and Land Deed Official (PPAT) does not have the authority to make direct Waqf Deed. And so Notaries Land Deed Official (PPAT) can only help in the maintenance requirement is needed in the manufacture of Waqf Deed. 3) Solutions Notary and Land Deed Official (PPAT) In Preparation of Deed of Endowment. The best solution is awaiting a government decision stating that a Notary Public or Land Deed Official (PPAT) can be Endowment Deed Official Pledge (PPAIW). Thus simplifying wakif and nadzir to make Endowment Deed without going through a long process.Keywords: Roles; Notary; Land Deed Official (PPAT); Endowment Deed]]>
<![CDATA[Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus ]]>
<![CDATA[Pulung Jati Kusuma]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Akta Vol 5, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v5i4.3725
<![CDATA[Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.]]>
<![CDATA[Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation ]]>
<![CDATA[Noor Handayani]]>;
<![CDATA[Akhmad Khisni]]>
<![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.v6i4.7578
<![CDATA[The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.]]>
