Jurnal AktaPub Date : 2022-10-13DOI: 10.30659/akta.v9i3.26671
Agung Iriantoro
{"title":"The Notary Law Politics in the Notary Position Act","authors":"Agung Iriantoro","doi":"10.30659/akta.v9i3.26671","DOIUrl":"https://doi.org/10.30659/akta.v9i3.26671","url":null,"abstract":"This study aims to determine the legal politics of the political aspects behind the process of forming laws and policies in a particular field, as well as greatly influencing the performance of relevant government institutions in that field in applying the provisions of legal products and policies, and also determine the policies of these institutions in a practical and operational setting. This research is a qualitative research with a normative juridical approach. Notary activities in Indonesia are heavily influenced by politics and law itself. The conclusion is that political influence can be seen from the making of a political product in the form of a special law that regulates the position of a notary, namely Act No. 2 of 2014 jo. No. 30 of 2004 concerning the Position of a Notary. And the status of Indonesia, which is a state of law, of course, will also affect the actions and actions of notaries because they must be guided by the applicable laws.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131866516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-10-13DOI: 10.30659/akta.v9i3.26720
Lathifah Hanim
{"title":"The Transaction E-Commerce in Islamic/Sharia Law","authors":"Lathifah Hanim","doi":"10.30659/akta.v9i3.26720","DOIUrl":"https://doi.org/10.30659/akta.v9i3.26720","url":null,"abstract":"This research aims to know e-commerce systems, sellers and buyers do not meet in person, but meet in cyberspace with the goods to be transacted usually displayed in the catalog. This kind of transaction is actually quite profitable for both buyers and sellers. Although e-commerce has spread throughout the world, there are still many Muslims who do not know the status of their online buying and selling transactions from the perspective of Islamic law. The approach method used in this research is normative juridical. The e-commerce transactions as a new business trend in this modern economic era, are not an economic activity that is prohibited by Islamic law. The conclusion, the benefit of consumers, it can be seen in Act No. 8 of 1999 concerning Consumer Protection by providing administrative sanctions against the seller/business actor if he commits certain actions that are not in accordance with the provisions stipulated in the Act","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126795931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-10-13DOI: 10.30659/akta.v9i3.26672
Widhi Handoko, Bahtiyar Efendi
{"title":"The Legal Comparison of Transfer of Object Fiduciary by Debtor to Third Party without Creditor's Approval","authors":"Widhi Handoko, Bahtiyar Efendi","doi":"10.30659/akta.v9i3.26672","DOIUrl":"https://doi.org/10.30659/akta.v9i3.26672","url":null,"abstract":"The purpose of this study is to find out about the Fiduciary provider in the Consumer Financing agreement with the Fiduciary Guarantee contained in the Fiduciary Guarantee Deed, it is forbidden to transfer the Fiduciary guarantee object to another party without the approval of the Fiduciary Recipient. This is because in Act No. 42 of 1999 concerning Fiduciary Guarantees there are provisions regarding the prohibition to transfer objects of Fiduciary guarantees without the approval of Fiduciary Recipients to provide legal protection to Fiduciary Recipients. The research in this paper is a normative law research. In the debtor's relationship with a third party, there is no legal relationship because the transfer of the fiduciary object is not valid as stated in Article 1320 of the Civil Code concerning the conditions for the validity of the agreement. Articles 35 and 36 of the UUJF also regulate criminal sanctions that reaffirm the prohibition of transferring, mortgaging, or leasing fiduciary guarantees as objects. In connection with the principle of providing legal certainty, UUJF adopts the principle of registration of fiduciary guarantees. The benefit of a fiduciary agreement made in writing is that the creditor holding the fiduciary guarantee in his interest will demand the easiest way to prove the delivery of the guarantee to the debtor.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117089614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-10-13DOI: 10.30659/akta.v9i3.22556
D. Kusumastuti
{"title":"The Prudential Banking Principles in Providing Subsidized Housing Loans","authors":"D. Kusumastuti","doi":"10.30659/akta.v9i3.22556","DOIUrl":"https://doi.org/10.30659/akta.v9i3.22556","url":null,"abstract":"The home ownership loans are one type of credit service provided by banks to customers who want special loans to meet the needs of home ownership. Credit disbursement by banks must be carried out with the principle of prudence (prudential banking), and must go through a careful analysis of the 5C's of Credit aspects, so that the loans that will be given can be returned on time. In reality, often loans that have been distributed to debtors become non-performing loans. This study discusses the implementation of the precautionary principle and the problems faced by banks in providing subsidized mortgages. This type of research is a normative juridical research with data sources from primary, secondary and tertiary legal materials. Using literature study as a collection technique. The results of this study explain that in implementing the prudential principle of banking in providing subsidized mortgage loans, the 5C's of Credit aspects are used. And in its implementation it uses Act No. 7 of 1992. There are obstacles in the implementation of the precautionary principle, starting from the various aspects of the character of the debtor, the uncooperativeness of the debtor and the mortgage house itself whose facilities are incomplete, causing a lack of interest from the public and the lack of socialization of the minimum period of use of subsidized housing.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127312540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-10-13DOI: 10.30659/akta.v9i3.26268
Hasbir Paserangi, A. Yunus, Riyad Febrian Anwar
{"title":"Exploring the Intellectual Property Rights Potential of an Intangible Heritage","authors":"Hasbir Paserangi, A. Yunus, Riyad Febrian Anwar","doi":"10.30659/akta.v9i3.26268","DOIUrl":"https://doi.org/10.30659/akta.v9i3.26268","url":null,"abstract":"This Article discusses the unique and distinct characteristics of Songkok to Bone product as economic potential product with promising market share to reach countries such as Malaysia and Singapore. However, until now, this potential has not been accommodated with protective efforts to secure the intellectual property rights aspect of this product, namely geographical indications. The purpose of this study was to analyze the potential protection of intellectual property rights in the form of Geographical Indications for Songkok to Bone products. The approach method used in this research is a normative and empirical approach by reviewing the laws and regulations relating to Geographical Indications and conducting direct interviews with the local government of Bone Regency and Songkok To Bone craftsmen in Paccing Village and Compong e Village in the District of Awangpone, Bone Regency. The results showed that the ignorance of the craftsman community (including the local government in Bone Regency) about the importance of protecting intellectual property rights for the songkok to bone product as well as the economic benefits of the registration, became the driving factors that the Songkok To Bone product had not been registered as a Geographical Indication Rights for the people of the Bone Regency, especially by the Songkok To Bone craftsmen.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114628932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-10-02DOI: 10.30659/akta.v9i3.25745
Nawir Yuslem, S. Sugianto, R. Ichsan
{"title":"The Human Resource Development Strategies in Improving Employee Performance in Cooperatives","authors":"Nawir Yuslem, S. Sugianto, R. Ichsan","doi":"10.30659/akta.v9i3.25745","DOIUrl":"https://doi.org/10.30659/akta.v9i3.25745","url":null,"abstract":"This research aims to find out and analyze human resource management strategies in improving employee performance in cooperatives and determine the results of SWOT analysis of employee performance improvement strategies with IFAS and EFAS matrix can be identified important factors both from the external environment and the internal environment that become strengths, weaknesses, opportunities and threats from improved performance. The research conducted in this study was qualitative descriptive using SWOT analysis. From the results of the analysis obtained growth strategy or growth oriented strategy, this strategy signifies the state of the company that is strong and able to continue to grow by taking opportunities and opportunities that exist. To achieve maximum turnover. This strategy was chosen because the calculation results are in quadrant I where the total weighted score of weaknesses is 2.710504 while the total weighted score of the opportunity-threat 2.653142. The position on this quadrant is very profitable and can be applied to the maximum.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114638209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-09-01DOI: 10.30659/akta.v9i3.24000
Yeheskiel Minggus Tiranda, L. T. Rizki
{"title":"The Legal Ethics in Financial Technology: How is it Regulated?","authors":"Yeheskiel Minggus Tiranda, L. T. Rizki","doi":"10.30659/akta.v9i3.24000","DOIUrl":"https://doi.org/10.30659/akta.v9i3.24000","url":null,"abstract":"The FinTech sector in ASEAN has grown dramatically. Southeast Asian FinTechs like GoJek and Grab grew from early roots to become digital economy behemoths. New players enter the fray on a regular basis, drawn in by their success and the region's market potential for the people. The purpose of this research is to find out the regulations and ethics of financial law that are used for the welfare of the people. The approach method used was a normative juridical approach, the results of the research result state that: Regulations or laws provide a level of trust, security, and comfort for the community and are something that the state must do without exception as a state of law. One form of protection is the establishment of laws or regulations relating to lending activities, specifically to protect users' rights. To ensure that this process is successful, the state intervenes in the contractual relationship between consumers and business actors, aiming to create a balanced relationship between users and business actors. Funder protection is concerned with protection. Law provided in an effort to obtain goods and services from potential losses due to their use.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"647 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115202155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-07-20DOI: 10.30659/akta.v9i2.22955
Faisal Faisal, Nursariani Simatupang
{"title":"The Strengthening Position and Functions of Waqf on Nadzir as an Independent Institution","authors":"Faisal Faisal, Nursariani Simatupang","doi":"10.30659/akta.v9i2.22955","DOIUrl":"https://doi.org/10.30659/akta.v9i2.22955","url":null,"abstract":"The purpose of writing in this study is to find out and analyze the position and function of nadzir Waqf as an independent institution so that it is expected to strengthen the role of nadzir Waqf in carrying out their duties, the approach used in this study uses normative juridical, the results of the research result state that Nadzir as the party who will determine the success of the Waqf implementation, only as an administrator who does not have more power, power and authority in managing the Waqf property that has been handed over to the Waqf. This is of course inseparable from the laws and regulations governing Nadzir Waqf itself as a guide in carrying out its activities, Nadzir Waqf in carrying out its duties and functions must pay attention to and be subject to various laws and regulations that are so many, many rules that must be obeyed by Nadzir made Nadzir inflexible in carrying out the development and management of the Waqf property.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"108 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122510510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-07-20DOI: 10.30659/akta.v9i2.22761
Sulistyowati Sulistyowati, Umar Ma’ruf, Deva Rita
{"title":"The Constitutionality of Notaries Honorary Assembly in the Enforcement of the Notary Ethics Code","authors":"Sulistyowati Sulistyowati, Umar Ma’ruf, Deva Rita","doi":"10.30659/akta.v9i2.22761","DOIUrl":"https://doi.org/10.30659/akta.v9i2.22761","url":null,"abstract":"In general, Notaries are regulated in Act No. 30 of 2004 concerning the Position of Notary and Act No. 2 of 2014 concerning amendments to Act No. 30 of 2004 concerning the Position of Notary. A notary, in this case, may also double as a Land Deed Making Officer. The research used normative juridical methods with descriptive analytics. Prioritizing secondary data, namely literature studies, verdicts, books, and others, as the primary data. Indonesia, as a country of law, of course, everything has been regulated by regulations. This applies to all sectors and professions in Indonesia, including notarial matters. The Notary Profession is a legal profession that is entirely in demand. The position of a Notary is considered a noble profession, but there are still notaries who make mistakes or are negligent in carrying out their positions. Therefore, an institution is required that carries out supervision of a Notary. The institution is now known as the Honorary Assembly of Notaries. However, the existence of the Notary Honorary Assembly has not entirely caused trust in the community because it is still considered to cover up the mistakes of notaries who have harmed the community in carrying out their duties. The recruitment process that has not been transparent and involves the public may be one of the causes of the lack of such trust. So, in this case, the Notary Honorary Assembly must update its recruitment pattern.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128100330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal AktaPub Date : 2022-07-10DOI: 10.30659/akta.v9i2.21148
M. A. H. Labetubun, La Ode Angga
{"title":"The Implications of Islamic Law Related to the Implementation of CashWaqf /Money","authors":"M. A. H. Labetubun, La Ode Angga","doi":"10.30659/akta.v9i2.21148","DOIUrl":"https://doi.org/10.30659/akta.v9i2.21148","url":null,"abstract":". Cash Waqf is a term that is becoming familiar in today's society, because Cash Waqf usually refers to cash deposits in financial institutions such as banks, where Cash Waqf is usually invested in profitable business activities, profits from the investment results are used for everything that is socially and religiously useful. The purposes of this research to analize Cash Waqf that is carried out by a person, group of people, and institutions or legal entities in the form of cash/money. Also included in the interpretation of money are securities, such as shares, checks, and others. The method used in this study was normative juridical for analyzing legal issues contained in legislation related to the problem under study with qualitative analysis. The results showed that endowments in the form of cash are permissible as long as the money is invested in a business for results (Mudharabah), after which the profits are distributed according to the endowments. So that the money represented is always, on the contrary, what is informed to the mauquf ‘alaih is the result of developing the endowment of the money. However, there are several main challenges in developing the potential of Cash Waqf in Indonesia in addition to governance challenges, including the low literacy of the Indonesian people about Cash Waqf and limited financial instruments in developing the value (assets) of Cash Waqf.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131410351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}