Articles
<![CDATA[TABARRU†SEBAGAI AKAD YANG MELEKAT PADA ASURANSI SYARIAH ]]>
<![CDATA[Witasari, Aryani]]>;
<![CDATA[Abdullah, Junaidi]]>
<![CDATA[ BISNIS Vol 2, No 1 (2014): Bisnis: Jurnal Bisnis dan Manajemen Islam ]]>
Publisher : <![CDATA[Fakultas Ekonom dan Bisnis Islam Institut Agama Islam Negeri (IAIN) Kudus ]]>
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DOI: 10.21043/bisnis.v2i1.5253
<![CDATA[Kontrak takafuli disebut juga dengan akad tabarru’, yaitu derma atau sumbangan. Kontrak atau akad ini bertujuan untuk memberikan dana kebajikan dengan niat ikhlas saling membantu satu dengan yang lain dengan sesama peserta asuransi syariah apabila diantaranya  ada yang terkena musibah. Tabarru’ sebagai akad pada asuransi syariah ini diatur oleh Fatwa Dewan Syariah Nasional No.53/DSN-MUI/III/2006, pada point ke dua disebutkan bahwa akad tabarru’ ini dilakukan dalam bentuk  hibah dengan tujuan kebajikan dan tolong menolong antar peserta, dan bukan untuk tujuan komersial. Tabbaru’ sebagai akad yang harus melekat di dalam perjanjian asuransi bukan dengan akad jual beli. Asuransi tidak menggunakan akad jual beli dikarenakan syarat dalam transaksi jual beli terdapat penjual, pembeli dan harga serta barang yang diperjualbelikan, di dalam asuransi yang dipersoalkan adalah berapa premi yang harus dibayar kepada perusahaan asuransi karena kita tidak tahu kapan risiko yang dipertanggungkan itu akan terjadi, sehingga akad jual beli dalam asuransi biasa terjadi cacat secara syariah karena tidak jelas (gharar).]]>
<![CDATA[Notary Role In Making The Establishment Of The Deed Of Business Cooperation In The Rembang District ]]>
<![CDATA[Zaenal Arifin]]>;
<![CDATA[Risky Amalia]]>;
<![CDATA[Aryani Witasari]]>
<![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.v6i3.5102
<![CDATA[The purpose of this study was to analyze: 1) The implementation of the Deed of Establishment of Cooperative manufacture in Rembang. 2) The role of the Notary as the maker of the Deed of Establishment of Cooperative Enterprises. 3) Barriers and solutions in the Deed of Establishment of Cooperative Development in Rembang.The approach method in this research is juridical empirical, data sources used are primary and secondary data obtained through interviews and literature study, performed data analysis by descriptive analytic.Results of the research results can be concluded: 1) Implementation of Creation Deed of Establishment of Cooperative in Rembang which starts with the preparation stage of formation, preparation stage meetings of formation, stage meetings of formation, stage request for approval rights of legal entities cooperatives, and the stage of issuance of the deed pendiiran and 2) As the role of Notary Deed of establishment of cooperative enterprises in Rembang is as maker deed of cooperative efforts. Notaries have the right authority / legal standing in a deed of incorporation of cooperatives. 3). Obstacles and solutions in the Deed of Establishment of Cooperative Development in Rembang of the cooperative is a member of the cooperative awareness level is still low, less managerial capacity, and limited capital resources. Barriers of Notary Public Notary is still much limited knowledge of Notary Deed Official Cooperation (PPAK) and the low interest of the Notary Deed Cooperative (NPAK) in Rembang district were registered for the Legal Entity Administration System Cooperative (SISMINBHKOP). With the state of a society, then the Office of Industry Trade Cooperatives and Small and Medium Enterprises Rembang should seek to build cooperation between the Notary in Rembang with the Agency's own cooperative.Keywords: Deed of Establishment of Cooperative; PPAK; SISMINBHKOP ]]>
<![CDATA[The Effectiveness of Implementing Internship in Making A Professional Notary in Jepara District ]]>
<![CDATA[Muhammad Nur Aklif]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Widhi Handoko]]>
<![CDATA[ Jurnal Akta Vol 7, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i4.14167
<![CDATA[The implementation of internships for Notaries is very important, however, in reality the awareness of the Notary candidates has not been carried out effectively, this is due to the practicality of prospective Notaries who want to practice immediately so that not infrequently, the internships are not carried out according to the time set by the existing regulations. The method in this writing is descriptive analytical. Based on the available data, it is found that in fact the effectiveness of the extension of the internship period is 12 (twelve) months to 24 (twenty four) months depending on the intention of the prospective notary who interned himself. Some notaries experience difficulties and experience confusion when opening an office even though they have undergone an internship period of 24 (twenty four) months. This is because they do not take advantage of time and do not undergo apprenticeship activities properly. The absence of an internship implementation guideline and the absence of programs that must be undertaken during the apprenticeship makes the effectiveness of the internships back to each prospective notary who interns. So can be said that the ineffective implementation of the Notary's apprenticeship has resulted in a lack of experience and at the same time resulted in a lack of quality of Notaries in carrying out their functions and duties in the community, especially in the Jepara Regency area.]]>
<![CDATA[Notary Role In Making The Deed Of Murabahah Financing On Islamic Bank (Review On Financing Agreement In Islamic Bank Of Central Java) ]]>
<![CDATA[Anindia Inka Saputri]]>;
<![CDATA[Agus Supriadi]]>;
<![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.v7i2.7874
<![CDATA[This study aims to determine the form of the contract and Murabahah financing mechanisms, to analyze the application of Sharia principles in Murabahah financing agreement, and to know the extent to which the role of the Notary in the Deed manufacture Murabahah Financing Agreement with Islamic Bank of Central Java. The results of this study show that: (1) The form of contract and Murabahah financing mechanism in Islamic Bank of Central Java refers to the provisions of Islamic Banking Act, BI (Bank Indonesia), FSA (Financial Services Authority) and DSN-MUI. (2) The application of Islamic principles in the financing agreement Murabahah in Bank Central Java Sharia has been in accordance with the Law of Islamic Banking and DSN-MUI, where financing based on Islamic principles that do not contain elements of usury, gambling, Garar, illegitimate and unjust.Keywords: Notary; Islamic Banking; Murabahah.]]>
<![CDATA[Roles And Responsibilities Of Land Agreement Official Tax Administration BPHTB in The Sale And Purchase Transactions Over Land And Building In Semarang ]]>
<![CDATA[Armina Dilla Zahirani]]>;
<![CDATA[Aryani Witasari]]>
<![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.v5i2.3222
<![CDATA[On Article 91 paragraph 1 of Act No. 28 of 2009 on Local Taxes and Levies otherwise PPAT can only sign the agreement of transfer of rights to land and or building after the taxpayer to submit proof of payment of taxes, in the form of Tax Payment (SSP) of the Sellers and Slip Tax on Acquisition of Land and Building (SSB) of the Purchaser, The question that arises from this problem is: What is the Role and Responsibility of the Agreement Official Land in Tax Administration BPHTB Transaction Purchase land or buildings in the city, How Procedure of Tax Administration BPHTB of the transaction Purchase land or buildings in the city, Constraints and Fighting in BPHTB Tax Administration on Sale and Purchase Transactions land and or building in the city of Semarang. Juridical approach method using empiris.Data used are primary and secondary data. Methods of data collection using interviews and literature. Methods of data analysis using qualitative analysis.The location was selected the city, for the samples taken 2 PPAT, Regional Revenue Agency Semarang and 2 taxpayers. The sampling technique was conducted by purposive sampling. Tools data collection conducted by interviews and document study.Keywords: PPAT; Acquisition of Land and Building (BPHTB); Purchase.]]>
<![CDATA[The Role and Protection of Laws to Notary Related To the Dispute That Made Between the Parties ]]>
<![CDATA[Monicha Rossalia Adigita]]>;
<![CDATA[Umar Ma’ruf]]>;
<![CDATA[Aryani Witasari]]>
<![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.v6i4.7631
<![CDATA[The purpose of this study to determine and analyze: 1) Factors leading to disputes between the parties relating to the deed of Notary. 2) Role of relevant Notary Deed had made in the event of a dispute between the parties. 3) The legal protection against related Notary Deed which is made in the event of a dispute between the parties. Legally sociological research approach. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary law and tertiary legal materials by means of literature. Data were then analyzed qualitatively.Based on the results of data analysis can be concluded that: 1) Factors leading to disputes between the parties relating to Deed, there are two reasons, namely: breach of contract committed by one of the parties which resulted in the loss and not the acquisition of rights of one party and if the deed made by Notary goes wrong in terms of formal and material aspects of birth. 2) The role of the Notary in the event of any dispute if the dispute caused by the parties themselves then the Notary will not be involved and would only be called as a witness in the trial, but if notaries who made a mistake in making the deed of the Notary may be sued by the parties which would result be under the hand and null and void. The parties will also get compensation if the parties feel aggrieved by deed made by Notary. 3) Protection of the Notary Law contained in Article 66 of Law No. 2 2014 On Notary, wherein if the investigators, prosecutors and judges will perform a calling and examination of the Notary, must go through the approval of the Honorary Council of Notaries.Keywords: Role and Legal Protection; Notarial Deed; Dispute]]>
<![CDATA[Roles And Responsibilities Of Notary Deed In Limited Liability Company (PT) In Order To Improve The Economy Of Indonesia Especially In Blora ]]>
<![CDATA[Christian Bagoes Prasetyo]]>;
<![CDATA[Aryani Witasari]]>;
<![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.v7i2.7877
<![CDATA[The purpose of this study was to: 1) Knowing and To study Role in Making of Notary Deed of Limited Liability Company in order to boost the economy in Indonesia. 2) Knowing and To study Roles and Responsibilities of the Notary in order to boost the economy in Indonesia 3) Know and To study barriers of Notaries in Deed Limited Liability Company in order to boost the economy in Indonesia. The method used sociological juridical research specification employed is normative, data retrieval methods used primary data and secondary data, and then analyzed with descriptive analytical method.Based on the results of data analysis summarized that: 1) The role of the Notary of the government in economic development in Indonesia give legal certainty and legal protection in the field of engagement and agreement 2) the presence of a notary becomes the spirit of the country's economic and social life and economic growth of Indonesian society. 3) barriers of notaries are facing is the technical suppose that the shareholders can not show passbooks are used as evidence of the capital and system of AHU Online / Legal Administration System (SABH) are always changing and error system.Keywords: Notary Role; Responsibilities Notary Deed of Limited Liability Company; Economy of Indonesia; Blora.]]>
<![CDATA[Roles and Responsibilities of Notary in Deed Making Agreement on Sale and Purchase Agreement When the Parties Dispute ]]>
<![CDATA[Irfan Iskhak]]>;
<![CDATA[Hengki Irawan]]>;
<![CDATA[Aryani Witasari]]>
<![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.v6i2.5017
<![CDATA[Notary acts as a medium for the birth of a deed of authentic. Responsibility of notaries in the sale and purchase agreement to the party is limited to deed that made accordance with the authority of his post by UUJN. The purpose of this study are: 1. to know the roles and responsibilities in the making notary deed of sale and purchase agreement in the event of disputes for the parties. 2. To determine the notary solution in preparation of deed sale and purchase agreement in order to avoid disputes of the parties.Based on the results of data analysis concluded that: 1. The responsibility of the notary deed merely on early part deed / deed chief, section final / concluding notarial deed and have full accountability of the contents either formal and material. 2. In the duty of notary shall apply precautionary principle and do legal education in order to avoid disputes in the future.Keywords: Notary; Agreements; Sale and Purchase Agreement; Deed.]]>
<![CDATA[Effectiveness Of Online Service System In The Office Of National Land Agency Of Semarang City ]]>
<![CDATA[Delvi Amalia Rosa]]>;
<![CDATA[Widya Pratiwi Asmara]]>;
<![CDATA[Aryani Witasari]]>
<![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.v6i2.5009
<![CDATA[The research of "Effectiveness of Online Service System at Land Office of Semarang" aims to determine how the effectiveness of online services in the Land Office of Semarang, determine the impact and solutions online services in the Office of the National Land Agency of Semarang.The method used in this paper is the specification method of sociological judicial collecting data to obtain data that will be used as the contents of a journal through interviews with officials of the National Land Agency of Semarang or by observing the object to obtain data. Then it will be carried out analysis of data obtained from various sources.The results showed that the use of systems-based services online have efficacy and good effect because it allows officers to check the lack of service the Land Office of Semarang, while the various obstacles that arise regarding the use of services of National Land Agency online, but all obstacles superbly gain solution. Both solutions have been realized and those still in the proposal.Keywords: Effectiveness; Service; National Land Agency]]>
<![CDATA[The Role Of Notary In The Making Of Franchise Agreements Toward The Business Actors In Order To Get Legal Protection Guarantee ]]>
<![CDATA[Eliani Safitri]]>;
<![CDATA[Justisia Pamilia Luberty]]>;
<![CDATA[Aryani Witasari]]>
<![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.v5i2.3088
<![CDATA[Franchising is essentially a marketing concept in order to expand a business network quickly. Franchising is not an alternative, but one way that is as strong and strategic as the conventional way of developing a business. In a franchise agreement, the role of a notary is required even though the franchise agreement itself is a standard agreement without a notary. However, in order to make the deed of the agreement is more authentic, the role of a notary is necessary to ensure the legal protection. The research method used was normative juridical. Normative legal research is a legal research conducted by reviewing materials derived from various laws and other materials from various literatures. Based on the results of research and discussion, it can be concluded that the role of Notary is important in making the deed of the franchise agreement in addition to preventing the occurrence of misappropriation (negligence or default) of one party. The notary also ensures the legal protection of the deed of the agreement because it is made under the legal protection. The franchise is an engagement or agreement between two parties in which all provisions refer to Article 1313 of the Civil Code of the treaty, article 1320 of the Civil Code of the validity of the agreement and Article 1338 paragraph (1) of the Civil Code on the principle of freedom of contract.Keywords: Notary; Franchise; Legal Protection.]]>
