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Analysis Juridical Notary Role Of Acquisition Of Assets Of The Debtor As An Alternative Solution Loan Loss (Case Study In Bank BNI Branch Semarang) Muhammad Wildan Mahindra; Ardi Sanditya; Munsharif Abdul Chalim
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.v6i3.5113

Banking development shows the dynamics of economic life. Prior to the practice that happens, a lot of problems that arise in the banking one of which is the number of cases of problem loans up to be a bad credit, this raises the firmness of the banks in the lending process. The acquisition made a lot of pros and cons between the customer and the Bank Negara Indonesia (BNI) Branch SemarangThe purpose of this study was to know and analyze the completion of the takeover of Bad Debts Mortgage Assets, identify and analyze the role of the Notary on Takeover Process Mortgage collateral and to know and analyze the obstacles that occur in the process of the takeover of mortgage collateral and settlement with Bank Negara Indonesia (BNI).This study using sociological juridical approach, the specification is descriptive analytical research, data sources used in the form of primary data obtained through interviews, secondary data with the literature study, qualitative analysis. The problem is analyzed using the theory of implementation and effectiveness of the rule of law.Based on the results of this study concluded that: 1) The need for a significant settlement between the banks by the debtor in the case of bad credit, the need for new regulations in Credit rescue to prevent possible lossesin a way Rescheduling, re requirements, reordering,2) The role of the Notary, in making this agreement directs, bank at Bank Indonesia Regulation (PBI) on Lending Limit for Commercial Banks and the guidelines for the general bank credit policies SoRegarding intervention of the notary bank credit agreement which refers to the bank's internal rules respectively for the 3) Barriers to solve the problem in bad debts suggesting there should be a code of conduct so that no authority notary public notary so not tricked by the bank.Keywords: Bad Debt; Foreclosure Of Collateral; Notary Role.

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

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.

Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage Muhammad Madih; I Dewa Putu Gede Anom Danujaya; Munsharif Abdul Chalim
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.v6i2.5028

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

Procedure for Obtaining a Certificate of Title to the Land in the Semarang: Case Study in the National Land Agency Semarang Niken Windy Ika Pratiwi; Munawwarah Munawwarah; Munsharif Abdul Chalim
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.v6i2.5029

The background of this thesis-making by the problems that occur in the community, where people are still not or do not understand the procedures milik.Terbukti acquire rights to their land dispute or a state-owned building that happened because the people who inhabit this land are not applying for property rights and feel that the land itself. Scription this is made so that people understand about the procedures for securing property rights. Results: (1) Procedures of obtaining the certificate is property rights on state land through the National Land Agency, is generally set in the norm of the Minister of Agriculture No. 9 of 1999 on Procedures for Granting and Cancellation of State Land Property Rights and Rights Management. In Article 19 paragraph (2) BAL consisting of: bookkeeping land, registration of property rights, transfer of land rights, granting letters of proof of receipt of rights, (2) Barriers and solusiyang arising from applicant in the application process right (external): lack of accessories the proposed requirements of the applicant, not terselesainya application fee, the land dispute would be applied. Barriers arising from the Office of the (internal): lack of personnel in the service of the applicant carefully situations, employees who lack discipline, negligence of officers in performing their duties. Solution resistance of the applicant (external): more thoroughly before entering the application requirements, before making an application should first ask for details of funds in the process of granting the right, please check whether the land is in sengeketa or not. Solution barriers of Office (internal): officers should be more responsible in performing their duties, and provide a deterrent effect to employees who are lazy in performing their duties.Keywords: Procedures; Certificate of Property Rights; State land.

Law Effect of Leave Notary in Implementation Position Based on the Act No. 2 of 2014 On Notary Rizqi Agung Pratiwi; Siti Juwariyah; Munsharif Abdul Chalim
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.v6i2.5067

Notary is competent public authority or his duty is to make the deeds authentic. Notaries have the right to take leave in accordance with Law Notary. Leave notaries are leaving the work of notaries in some time officially to rest, take a vacation or to become public officials. The purpose of this study to analyze how the legal consequences leave notary on the implementation of office in accordance with Act No. 2 of 2014 concerning Notary, the legal position of notaries replacement which replaces the notary in the period of leave, challenges and solutions faced by a substitute notary in implementing the office notary supplants the leave period. Legal Theory used in this research is the theory of Responsibility and Theory of Rule of Law.The effects of this study indicate that there are no legal consequences for the notary who take leave, when he took a leave of absence he has appointed a substitute notary, if in the future in which no party feels aggrieved as a effect of his actions then Substitute Notary to be held responsible, even though they had quit his respective duties as Notary Public; Substitute notary legal position that replaces the notary in the period of leave is a substitute notary has authority as a notary as by UUJN; Challenges and solutions faced by a substitute notary in implementing the replaced notary office within the period of leave such as a lack of knowledge or ignorance, inexperience and lack of understanding. The solution is to appoint a substitute notary notaries, notary substitute must have the precautionary principle, accuracy and precision in implementing the notary office of his predecessor in the leave to avoid the occurrence of negligence in carrying out his post.Keywords: Effects; Leave Notary; Notary Substitute.

Distribution Of Inheritance To Non Moslems Heirs In Notary Deed From Islamic Inheritance Law Perspective Andi Hamniza Kastury; Aynun Nurmayanti; Munsharif Abdul Chalim
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.v7i2.7669

The aim of this study was to: 1) To determine the position of non-Moslem heirs to the estate heir which has Islamic religion. 2) To identify and analyze how inheritance to heirs of non-Moslems in terms of the deed of Islamic inheritance law.Based on the data analysis concluded that: 1) The position of non-Moslem heirs of inheritance toward Moslem is not called heirs because of differences in religion, but he is entitled to receive a portion of the deceased's estate by his parents was borrowed. 2) The division of inheritance to heirs of non-Moslems are equal parts by the beneficiaries (women) and the other in the act of notary deed evidence obligatory will be made, each of which must be a testament that the act in order to obtain legal certainty as authentic documents binding.Keywords: Division of Heritage; Non Moslem Heirs; Notary Deed; Islamic Inheritance Law.

Tinjauan Hukum Dan Akibatnya Terhadap Wasiat Tanpa Akta Notaris Ditinjau Dari Kompilasi Hukum Islam Dan Kitab Undang-Undang Hukum Perdata Adam Lukmanto; Munsharif Abdul Chalim
Jurnal Akta Vol 4, No 1 (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.v4i1.1550

Penelitian ini menggunakan pendekatan yuridis normatif, pengumpulan datanya ditekankan pada sumber bahan hukum primer, berupa peraturan perundang-undangan dengan penelaahan kaidah hukum dan teori ilmu hukum. Wasiat tanpa akta Notaris dalam pandangan KHI tidak ada kewajiban mengikut sertakan Notaris dalam pembuatan wasiat sedangkan KUH Perdata diwajibkan mengikut sertakan Notaris. Persamaan wasiat tanpa akta Notaris dalam KHI dengan KUH Perdata adalah mempunyai dasar hukum tertulis, merupakan pernyataan terakhir dari pewasiat setelah sebelum meninggal dunia dan pelaksanaannya setelah si pemberi wasiat meninggal dunia, dapat dicabut dan dapat gugur atau dibatalkan, mempunyai tujuan untuk kemaslahatan manusia agar tidak terjadi pertengkatan di antara ahli waris.Perbedaan wasiat tanpa akta Notaris dalam KHI minimal umur 21 tahun sedangkan KUH Perdata minimal umur 18 tahun, dilihat dari yang menerima wasiat dalam KHI yaitu orang lain atau lembaga sedangkan KUH Perdata orang luar dan ahli waris, dilihat dari bentuknya dalam KHI yaitu lisan atau tertulis atau dihadapan Notaris sedangkan KUH Perdata tertulis di hadapan Notaris atau dititipkan/disimpan oleh Notaris, dilihat dari batasan pemberian wasiat dalam KHI yaitu maksimal 1/3 dari seluruh harta warisan sedangkan KUH Perdata maksimal 1/2 harta jika pewasiat mempunyai seorang anak, 1/3 jika memiliki dua orang anak, dan 1/4 jika memiliki tiga orang anak, kesemuanya itu merupakan anak yang sah termasuk dalam pengertian anak turun sebagai pengganti anak dalam garis turun masing-masing dan maksimal 1/2 apabila pewasiat hanya meninggalkan ahli waris garis lurus ke atas, anak luar kawin yang telah diakui secara sah. Akibat hukum wasiat tanpa adanya akta Notaris, menjadikan wasiat tersebut rawan akan gugatan dari pihak-pihak yang berkepentingan karena pembuktiannya kurang kuat dan tidak ada kepastian hukum. Kata kunci : Wasiat, KHI dan KUH Perdata, Akta Notaris

Legal Protection Registered Industrial Design Under The Act Number 31 Of 2000 On Industrial Design Desi Ana Yustianita; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5671

In recent years, in some cases frequent abuse, which mimics the design industries of some of the industrial design is registered and Industrial Design Rights, causing economic losses to the owner of Right to Industrial Design. This study aims to find out about the legal protection of industrial designs by Act Number 31 of 2000 on Industrial Designs. This study uses normative juridical approach, namely legal research conducted by coating researching library materials or secondary data by means of a search against regulations and literatures relating to studied problem.Result and discussion and analysis that the Legal Protection of Industrial Design by Act Number 31 of 2000 on design has a term of 10 years in accordance with Article 5 (1) Number 31 of 2000 on Industrial Designs.Keywords: Legal Protection; Industrial Designs and Legal Protection.

The Limit Of Age Of Marriage Is Related To The Certification Of Marriage (Study Of Early Marriage Reality In Jepara Regency) Samsul Arifin; Akhmad Khisni; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.10084

The purpose of this study is to find out the background of the Marriage Worth certificate policy, the reality of early marriage and its impact in Jepara Regency and the Marriage Worth Certificate as an effort to reduce early marriage. The approach in this research is sociology juridical. Data collection methods in this study consisted of primary data obtained directly from the parties concerned. Secondary data consists of Primary legal materials and secondary legal materials namely materials that provide primary legal explanations. As an explanation, tertiary legal materials are given.From this study it can be concluded that the background to the emergence of a Marriage Certificate policy is that divorce rates are increasing, women's reproductive health is problematic, the number of stunting children is caused by teenage mothers and increased domestic violence. Reality the number of early marriages in Jepara Regency increased significantly in 2019 3.16% for men and 3.45% for women. From 9041 marital events dominated by the North Jepara region. The reason is also the local cultural factors that are influenced by the social system and the tradition of young marriage which is inherited in the family. While the impact of making children drop out of school, loss of reproductive rights of children due to having to get pregnant and give birth at a young age, the number of LBW that can lead to the stunting of the Marriage Right Certificate Policy as an effort to prevent early marriage, is very welcomed by various parties and religious leaders as marriage requirements for Catholicism and Hindu. In order to increase family fortune and become a sakinah, mawaddah and rahmah (mercy family).Keywords: Marriage Age Limit; Marriage Certificate; Early Marriage.

Criminal Law Enforcement Policies In Prevention Efforts Of Information Technology Crime Vitriano Aditya Morradi; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5545

The problem of this research is the criminal law enforcement policies in prevention efforts of information technology crime in the positive law and criminal law enforcement policy in combating criminal acts in the positive law of information technology that will come. The method used is normative juridical approach and specification in this study were included descriptive analysis. And sources and types of data in this research is secondary data obtained from the study of literature relating to the theory of Enforcement and Compliance Laws. Based on the results of the research that the Indonesian government policy with the promulgation of Act No. 11 of 2008 on Information and Electronic Transactions (ITE Act.) is the first legal framework that governs the world of cyber (Cyber Law) because the charge and broad scope in discussing arrangements in cyberspace, such as the expansion of electronic evidence together with the evidence that has been known so far, the recognition of electronic signatures as a means of verification, and authentication of legitimate an electronic document, as well as setting deeds done in cyberspace as a criminal offense. Policy formulation of the crime of information technology should pay attention to the internal harmonization with the criminal justice system or the general sentencing rules that apply today. It can not be said to harmonization / synchronization when the formulation policies are outside the system. Therefore the policy formulation of criminal law the crime of information technology in the future should be in the criminal justice system currently applies.Keywords: Policy, Law Enforcement; Criminal; Information Technology.

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