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Jurnal Akta
Published by Universitas Islam Sultan Agung
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal has been acredited
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Articles 465 Documents
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The Role Of The Supervisory Council Notary Territory In Providing Legal Protection For A Notary Who Have Violated The Law Of The Deed Made Kiki Andriani Samad; Amin Purnawan
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.v6i3.5088

Abstract

The purpose of this study are 1) To clarify the role of the supervisory council notary territory in providing legal protection for a notary who have violated the law of the deed made. 2) To explain the regulatory obstacles and constraints assemblies notary territory in providing legal protection for a notary who have violated the law of the deed made.This research method is a normative juridical research is normative juridical method is the study of writing a good document that we study the norms and principles. Specification used in this study is a descriptive analysis, which is intended to give the data as accurately as possible about a situation or other symptoms. Based on the results of the study concluded thatLegal protection of the Notary, among others in the form of right of refusal, the obligation to reject and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of Honorary Council of Notaries of Regions as the provisions of Article 66 paragraph (1) of Act No. 2 2014 which has now been changed to Article 66 paragraph (1) of the Constitution of the Republic of Indonesia Number 2 Of 2014 concerning the Amendment to Act No. 30 of 2004 concerning Notary. Disagreement about the duties and responsibilities as a Council of Trustees Notary region between elements and bustle of every member of both government, notary, and academics to create obstacles during the examination and supervision of technical and administrative poorly in the recording report came from the community often happen, so data on the notary who has not and has been declared missing by the officials working at the Ministry of Justice and Human rights is also one member of the Supervisory Council of notaries, and only the remaining 1 data is still there on the notary who has been in the process by the Supervisory Council of notaries.Keywords: Regional Supervisory Council; Notary; Legal Protection; Notary; Law Violations; Deeds.
Perbedaan Kewenangan Dan Syarat Tata Cara Pengangkatan Antara Notaris Dan Notaris Pengganti Estikharisma Harnum
Jurnal Akta Vol 4, No 4 (2017): December 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.v4i4.2491

Abstract

ABSTRACT Notary is a public official authorized to make an authentic deed and has other authorities as referred to in this Act or under any other law. Notary of the Substitute is a person temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to perform his / her position as a Notary as referred to in the UUJN. To become a Notary substitute is required to meet the requirements of appointment procedures that have been specified in the UUJN and in the Minister of Law and Human Rights of the Republic of Indonesia. The problem is there are differences in terms of procedure of appointment between Notary and Notary substitute. The replacement notary has the same authority as the Notary. In performing his duties as a Notary and Notary Substitute, please note the authority to prevent abuse of authority. The writing of this journal aims to know and analyze the differences of authority and terms of procedure of appointment between Notary and Notary replacement. In an effort to know the difference of authority between Notary and Notary Substitute, the author uses the theory of authority with literature method review books against books related to the theme of the journal that I created and sourced from several journals from the internet. The importance of knowing the difference of authority between the Notary and the Notary in lieu of any misuse of authority. The importance of knowing the terms of procedure of appointment between Notary and Notary substitute in order to facilitate the administrative process. Keywords: Authority, Notary Public, Notary Substitute, Notary Protocol, UUJN ABSTRAKNotaris adalah pejabat umum yang berwenang untuk membuat akta autentik dan memiliki kewenangan lainnya sebagaimana dimaksud dalam Undang-Undang ini atau berdasarkan undang-undang lainnya. Notaris Pengganti merupakan seorang yang untuk sementara diangkat sebagai Notaris untuk menggantikan Notaris yang sedang cuti, sakit, atau untuk sementara berhalangan menjalankan jabatannya sebagai Notaris utama sebagaimana yang dimaksud dalam UUJN. Untuk menjadi Notaris pengganti diharuskan memenuhi syarat tata cara pengangkatan yang sudah di tentukan dalam UUJN maupun dalam Peraturan Menkumham Republik Indonesia. Permasalahannya adalah terdapat perbedaan syarat tata cara pengangkatan antara Notaris dan Notaris pengganti. Notaris pengganti memiliki kewenangan yang hampir sama dengan Notaris. Dalam menjalankan tugasnya sebagai Notaris dan Notaris Pengganti, perlu diketahui kewenangannya agar tidak terjadi penyalahgunaan wewenang. Penulisan jurnal ini bertujuan untuk mengetahui dan menganalisa perbedaan kewenangan dan syarat tata cara pengangkatan antara Notaris dan Notaris pengganti. Dalam upaya mengetahui perbedaan kewenangan antara Notaris dan Notaris Pengganti, penulis menggunakan teori kewenangan dengan metode literatur kaji pustaka terhadap buku-buku yang berkaitan dengan tema jurnal yang saya buat dan bersumber dari beberapa jurnal dari internet. Pentingnya mengetahui perbedaan wewenang antara Notaris dan Notaris pengganti supaya tidak terjadi penyalahgunaan wewenang. Pentingnya mengetahui syarat tata cara pengangkatan antara Notaris dan Notaris pengganti supaya mempermudah proses administrasi.Kata kunci: Kewenangan, Notaris, Notaris pengganti, Protokol Notaris, UUJN
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

Abstract

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.
Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary Devi Nindy Lestari; Lathifah Hanim
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.v6i2.5061

Abstract

The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.
The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate Ida - Nursanti
Jurnal Akta Vol 7, No 3 (2020): September 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.v7i3.11286

Abstract

This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.
MAKNA PENYULUHAN HUKUM SEHUBUNGAN DENGAN PEMBUATAN AKTA OLEH NOTARIS DI KABUPATEN KENDAL Muhammad Ali Alala Mafing; Munsyarif Abdul Chalim
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.v4i3.1812

Abstract

This research will discuss a problem of notary in interpreting Legal Counceling connect to the Deed Creation by Notary in Kendal Regency (Article 15 paragraph 2 letter e of Act Number 2 of 2014 concerning Notary Position) including where the Notary is not performing properly the authority contained in the law of Deed making.This research uses method of yuridic sociologic. The technique of data collecting is conducted with library research including primary and secondary data. The result shows that: (1) notary only provide a counceling to client and do not provide legal counceling thoroughly to the public (2) the extention material provided is limited about the making of deed when client comes. (3) notary only use the article pasively. It means that if the client does not come then the notary does not provide legal counceling.The conclusion is Notary should interprets the article and implements it activelydeal with its authority in giving legal counceling. So the purpose of the constitution is done well.Keywords : notary, legal counceling, the deed
A Juridical Review of The Sultanate Lands and Villager Land Under The Governor Regulation Number 32 of 2007 on The Use of Villager Land After The Enactment of Act No. 6 of 2014 on Village Damar Dwi Kuncoro; Suroto Suroto; 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.v5i3.3160

Abstract

The background of this research was the issuance of Act No. 6 Of 2014 about the Village. In one of its provisions contains the wealth of the village in the form of land certified on behalf of the Village Government. While the status of Villager Land in the Special Region of Yogyakarta is the land of the Sultanate. The research aimed to get an explanation of the status of Villager Land and to know the legal consequences that will arise with respect to the utilization of the Sultanate land associated with the Villager Land after the enactment of Act No. 6 of 2014, when associated with the Provincial Governor Regulation No. 34 of 2017 on Utilization of Villager Land. This research used sociological juridical approach (primary data) and direct interviews to the community in Sleman Yogyakarta (secondary data) and literature study. The result of the research shows that with the enactment of the Yogyakarta Governor Regulation, the Villager Land that comes from the right of anggaduh (Javanese Lng.) and the substitute land has been certified on behalf of the Village Government for the transfer of rights to the property of the Sultanate. Determination of the Sultanate as a Legal Entity which can become the subject of land ownership resulted in a change of status of the Sultanate institution to be equivalent to the private Legal Entity. The consequences of such changes resulted in changes in the management of the Sultanate land and the burden of obligations and responsibilities that must be met by the Sultanate for the management of the Sultanate land.Keywords: Juridical Review; Sultanate land; Villager Land
Juridical Review on Asset Management of Land Rights for Roe Building Which Has Run Out Time (Analysis Decision Dispute in PT. Citra Mandiri, Central Java) Hemastuti Arini; Misbakhul Munir; Djauhari Djauhari
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.v5i2.3226

Abstract

In this study will be discussed how the consideration of judges in deciding this case and land management measures HGB assets. This research is an analytical description with normative juridical approach, by studying library materials (literature study) that the data used is secondary data, which includes the primary legal materials, secondary, and tertiary.  The judges consider that the vulnerable period from 2009 to 2016 the land was returned to state control because certificate of HGB have expired in 2009 and was not renewed due to the occurrence of the land dispute. So PT CMJT and occupants of the home office, the same is not so entitled to the house. But in 2015, PT CMJT has committed an unlawful act that is with noticeboards statement of ownership and forcible emptying of the occupants of the house. Then the judges ruled on compensation of 100 million rupiah to PT CMJT the residents were harmed. This can be avoided if the PT CMJT have a good asset management can be done through asset management, namely certification, storage, security,Keywords: Asset Management; Regional Enterprise; Land Broking.
The Effectiveness Of The Implementation Of The Regulation Of The Minister Of Agrarian And Spatial / Head Of The National Agency Of The Republic Of Indonesia Number 10 Of 2017 Concerning Internals In Semarang City Laily Hakim Sejati; Fajar Fitrio Dwi Nugroho; Djauhari Djauhari
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.v6i1.4264

Abstract

The objectives of this study were to: 1) To find out the implementation of the internship based on Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 20 of 2018 at the Semarang City Land Office 2) To determine the effectiveness of the implementation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Republic of Indonesia Number 20 of 2018 concerning Internships at Semarang City Land Office 3) To find out the obstacles and solutions in the implementation of internships at the Semarang City Land Office. The data used in this study are premier data, secondary data and tertiary data that can support the assessment, which is then analyzed by descriptive analysis method.Based on the results of data analysis, it can be concluded that: 1) The implementation of an internship based on the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 20 Year 2018 in Semarang City regarding the internship in Semarang is carried out for 6 months at the Land Office. transfer of rights, land acquisition and dispute. 2) The effectiveness of the apprenticeship is considered effective in accordance with Article 9 of the regulation, namely the process of activities and land services, the process of receiving and examining the deeds listed, and the process of checking the juridical data of applications for land rights. 3) Obstacles to the implementation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 20 of 2018 at the Semarang City Land Office are the absence of a system of change between the National Land Agency at the center (Kota Semarang) and at Home Services. Because it is considered when doing an apprenticeship at the Land Office, the center of the scope is more.Keywords: Effectiveness, Implementation, Internship.
PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Farida Novita Sari; Umar Ma’ruf
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.v4i2.1796

Abstract

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary

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