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Application Bea Acquisition Of Land And Building On Regional Regulation Number 10 Of 2010 Concerning Tax In The District Of Subang Awan Gunawan; Amin Purnawan; Dudu Wawan Setiawan
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4252

The purpose of this research is to know and understand the procedures for collection of the Tax on Acquisition of Land and Building in Subang district, and to know and understand the barriers and solutions in the collection of the Tax on Acquisition of Land and Building in Subang district.Based on the analysis concluded that the taxation sector is one of the important factors for increasing state revenues. The Government has conducted several reforms in taxation or tax reform one product is Act No. 20 of 2000 regarding Amendment to Act No. 21 of 1997 on Tax on Acquisition of Land and Building (BPHTB is). One of the new provisions set out in the Act is the object of a legacy set forth in Article 2 paragraph (2) letter a number 5. Object inheritance tax is no definitive explanation in the Act so that the official who is authorized to perform counting BPHTB have different interpretations in terms of treatment fully shared with collective rights or by way of a deed to each heir. As a result, the amount owed BPHTB different between treatments with each other.Keywords: Bea; Land And Buildings; Local Tax.

Notary Responsibility to the Delay in Registration of Limited Liability Companies in Legal Entity Administration System (SABH) Ministry of Law and Human Rights In Accordance with Law Number 40 year 2007 concerning Limited Liability Companies Meta Budiani; Amin Purnawan
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3250

Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay

The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus Lucky Wahyu Andriyanto; Kustriyo Kustriyo; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3087

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks

Analysis Government Regulation No. 24 Of 2016 On Changes Of Pp No. 37 Of 1998 On Regulation Of Title Deed Land Builders Officials (PPAT) Viewed From Public Service Perspective Rahmi Rosyada Thoha; Amin Purnawan
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4248

PPAT is a Public Officer who was given authority to make Authentic Acts concerning certain Legal Acts. The position setting originally stipulated in Government Regulation No. 37 of 1998 About the Position Rules PPAT. But the PP is then converted into PP No. 24 of 2016.Changes in the Articles of the regulation be deleted, changed, added and replaced to accommodate the social and technological development of society. Such changes of course have specific objectives and considerations. In one considering mentioned that the amendment is aimed at increasing the role of the PPAT as well as to improve services to the public relating to the Registration of Land.The purpose of this writing is to analyze Articles on Government Regulation No. 37 of 1998 which experienced Changes to Regulation No. 24, 2016. These changes are described and analyzed from the perspective of the Public Service.In essence there are two (2) Provisions that Changed Age Requirements to be PPAT the original 30 (thirty) years to 22 (twenty two) years and change the Working Area of Regency / City became the Province. Seen from the Perspective of Public Service, is aimed Positive Normative changes. Nevertheless Technical and Ethical Aspects always be a consideration in the implementation in the field.Keywords: PP No. 37 of 1998, PP No. 24 of 2016, Public Service, PPAT.

Authority Of Notary In Making Related Act With Land In The Context Of Land Registration Under Paragraph 2 Of Article 15 Of Notary Law Argo Suseno; Sema Ardianto; Amin Purnawan
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3182

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.

Judical Review on The Authority of Subdistrict Head as A Temporary Land Deed Officials in The Making of Deed in Bojong Subdistrict, Tegal Regency Muhammad Muamal; Khanafi Khanafi; Amin Purnawan
Jurnal Akta Vol 5, No 3 (2018): September 2018
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.v5i3.3251

The Sub-district head is appointed as temporary PPAT based on the provisions of the Act. It is due to there is not enough PPAT in the government area, so the government gives authority to the Sub-district head to serve the community in making deeds related to the transfer of Land Rights. In reality, not all sub-district heads are able to carry out their duties and authority. The constraints are due to the lack of Sub-district head knowledge about the duties and authority as PPAT, the number of Sub-district head duties in the government field which cause the affairs of the process of transferring rights to land are neglected and are often delegated to sub-district staff. Furthermore, the PPAT Deed Forms should not be used again since the enactment of the Regulations of the Republic of Indonesia National Land Number 8 year 2012. However, in reality many temporary PPAT or Sub-district heads still use the old forms which are no longer specified in the applicable Regulations. The deed made must be an Authentic Deed as stipulated in Article 1868 of the Civil Code concerning the Authentic Deed, namely a deed which is in the form prescribed by law, made by or before the public officials where the deed is made. On the other hand, the position as a PPAT must be in accordance with PP Number 37 year 1998 concerning the Regulation of the Position of the Land Deed Officials Keywords: Sub-district head Authority; Temporary PPAT; deed

Transfer of Land Relations With Spatial Plan in The District of Pati Ardika Budi Kusuma; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3228

In this study, using the empirical jurisdiction, this research includes the identification law (common law) and research on the effectiveness of the law. Specifications of this research is descriptive, meaning from the results of this study will be described on the ruling, the legal system and analysis. Descriptive analytical research intended to describe of land rights transitional relationship with the spatial plan in Pati regency. The population in this research that all applicants for the use of a plot of land for specific uses in the district of Pati, while the sample is a subset or part of the population. The data used in this study are primary and secondary data. The data analysis used in this study is a qualitative analysis. The results of this research that the transfer of rights over land generally has nothing to do with the spatial plan, but related to the filing of the lands to be used as an industrial area, it needs to be made a rule of law or regulation that specifically applies to request transfer of rights over land will be used as an industrial area in Pati. During these provisions separately, as it is known that the transfer of land rights regulated in Act No. 5 of 1960 on Agrarian and Government Regulation No. 24 of 1997 on land Registration, which for the process require a long time with laws and regulations into one, then the parties will be easier to supervise and control the activities.Keywords: Transfer of Land; Spatial Planning; Pati.

The Responsibility of Public Notary in Case of Ethical Code Violation Syukron Sofwan; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3224

This study aims to find out the responsibility of public notary and the legal consequence in case of ethical code violation by public notary. This research used empirical juridical method, with analytical descriptive research specification. The data have been analyzed qualitatively in describing the research problem. The result is done by taking the conclusion result deductively. The results of the research are: 1) the responsibility of public notary is obeying the ethical code. Ethical code is a moral guidance or direction for a particular profession or a list of responsibility in carrying out a profession composed by members of the profession itself and bidding them in practice. The punishment is organically applicable when the public notary violates professional ethical code as a guideline made by the professional organization. 2) the legal consequences in case of ethical code violation by public notary is a) in term of obedience, morality, and religion and based on conscience, it should be done by a public notary who holds and carries an honor position especially as a trustee. b) violations done by public notary against professional manner which have been recorded or regulated which have been arranged in written and binding and must be obeyed by all members of professional group and for those who violate the rules will get sanctions; c) the public notary who violates the ethical code as determined in legal constitution are accomplished based on the provision, so that the legal assurance of public notary’s profession are more guaranteed.Keywords: Responsibility; Public Notary; The Violation Of Ethical Code.

Legal Review On Auction Sales Of Mortgage Rights Object On Agricultural Land And Its Registration Hardiansah Hardiansah; Amin Purnawan
Jurnal Akta Vol 5, No 2 (2018): June 2018
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.v5i2.3095

Agrarian Law is one of the legal materials that are directly related to the livelihood of every individual society and the order of life of Indonesian society. The citizens until now are still very dependent on the activities and efforts that mostly work as agrarian, so that the land is one of Agrarian object which is the support and hope for every individual society in order to carry out a prosperous life order. The process of selling the land is divided into two ways: general sales and special sales by auction conducted by the State Property Office and Auction. This auction is conducted in the framework of repayment of debt secured by mortgage rights. This matter is regulated in Act No. 4 Of 1996 concerning Land Mortgage Rights and Objects Related to the Land and Regulation of Minister of Finance Number 27/PMK.06/2016 concerning Guideline for Auction Implementation of Auction or public sale is a part of the occurrence the transfer of rights. According to Article 41 paragraph (1) of Government Regulation No. 24 of 1997 concerning Land Registration explains that the transfer of rights through auction can only be registered if it is proven by quotation of auction minutes made by auction officials.Keywords: Auction Sales; Mortgage Right Objects; Land Registration.

Strength Of Evidence The Deed Under Of Hands In The Case Civil Evidence Khalimah Khalimah; Amin Purnawan
Jurnal Akta Vol 6, No 1 (2019): March 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.v6i1.4257

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.

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