Jurnal Akta最新文献

{"title":"Duties & Responsibilities of Notary Recipient of Minuta Deed of Notary Protocol who has Retired or has Passed Away in Salatiga","authors":"N. Kurniawan, Amin Purnawan, Ngadino Ngadino","doi":"10.30659/AKTA.V7I4.14133","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.14133","url":null,"abstract":"This study aims to examine and analyze: 1) Duties and Responsibilities of Notaries as Recipients of the Minuta Deed Protocol. 2) Implementation and Submission of Protocols for Notaries Who Have Retired or Died in the City of Salatiga. The approach method used in this research is the empirical legal approach (sociological) because in this study it examines people in living relationships in society, the study uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior done through direct observation. The specification is analytic descriptive research. Legal research is focused on examining the compliance of the community, especially notaries as recipients of duties and responsibilities of notaries as recipients of the Minuta Deed Protocol to a legal norm with the aim of measuring whether or not a legal arrangement is effective. In this study, the data source consisted of primary data obtained by researchers through interviews and secondary data obtained through literature studies. Based on the research results it can be concluded that: 1). 2) Constraints in Implementing Duties and Responsibilities of Notary Public as Recipient of Duties and Responsibilities of Notary Public as Recipient of Minuta Protocol, especially in Salatiga City, namely the lack of adequate and adequate space owned by the notary receiving the protocol, the number of protocols that must be accepted, it is not uncommon for the notary receiving protocol to lack a place to store due to limited office space. So it is better if you keep the minuta deed in the form of soft copy, microchip or storage in electronic or digital form, because storing the minuta deeds is more practical and does not take up a lot of space, and makes it easier to maintain and search for the minuta archives if one is needed.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"29 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134465929","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}

{"title":"Legal Problems Regarding the Implementation of the Obligation to Read the Notary Deed","authors":"Hendy Hendariyadi, Jawade Hafidz, Soegianto Soegianto","doi":"10.30659/AKTA.V7I4.14102","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.14102","url":null,"abstract":"Reading the deed is an obligation in every authentic deed is made, the reading of the deed by a notary is part of the verlijden or the inauguration of the reading and signing of the deed in question. If the reading of this deed is related to the making of an authentic deed which is part of perfect proof, it is clear that making a notary deed requires the real presence and physical position of the parties concerned. The purpose of this research is to analyze the Notary Public is obliged to read out the deed made based on Act No. 2 of 2014 concerning the Position of Notary Public, To analyze the legal problems of reading deeds made by the Notary, To analyze the legal consequences of deeds that are not read by a Notary based on Act No. 2 of 2014 concerning the Position of a Notary Public. The method used in this research is the method used in this research is juridical empirical, namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects.The legal problem of reading deeds made by notaries, related to article 16 paragraph 7 of the Law on Notary Position regulates deviations from article 16 letter m. Where in Article 16 paragraph 7, it is stated that the reading of the deed is not mandatory, if the viewer wants the deed not to be read because the viewer has read it himself, knows and understands its contents, provided that it is stated in the cover of the deed and also on every minuta deed page initialed by the parties, and witnesses, as well as a notary. The legal consequence of the deed which is not read out by the notary based on Act No. 2 of 2014 concerning the Position of Notary Public, the deed which is not read out is still an authentic deed as long as the reasons for not reading the deed are stated.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116426930","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}

{"title":"Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died","authors":"Dian Melina","doi":"10.30659/AKTA.V7I4.12890","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.12890","url":null,"abstract":"Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Inheritance Based on Justice. Problems is the process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Justice-based Inheritance. This study uses a normative juridical approach, in data collection it is more emphasized on the decomposition and interpretation of data related to legal principles. The results are; The Role of Land Deed Making Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125193865","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}

{"title":"The Problematic of Waqf Representatives and The Settlement of Disputes","authors":"Agung Wicaksono","doi":"10.30659/AKTA.V7I4.12891","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.12891","url":null,"abstract":"The problems in this research are how the problems of Waqf that often occur, the settlement of Waqf land disputes that are asked for back by the heirs, the obstacles faced in resolving the Waqf land disputes that are asked back by the heirs at the Semarang Religious Court. Based on the results of the research, it was found that the Waqf dispute that arose was triggered by, among others, the denial of the Waqf pledge, the desire to withdraw the assets that had been donated. Waqf dispute resolution is pursued in several stages which are carried out stratifically, namely deliberation, mediation, arbitration and the High Religious Court. The obstacle in the process of resolving Waqf disputes is the absence of orderly administration in the practice of Waqf, especially based on authentic evidence such as Waqf pledges and evidence of records at the local KUA District.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128931096","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}

{"title":"The Role of Notary in Binding The Security with Liability Rights","authors":"Muhammad Zaky Mushaffa","doi":"10.30659/AKTA.V7I4.12889","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.12889","url":null,"abstract":"This research aims to determine the role of the notary in binding collateral with immovable property rights, obstacles and solutions in the implementation of binding mortgage rights and legal consequences if it is done not in front of a notary. This study uses an approach Juridical Empirical, namely legal research by approaching the existing facts by conducting research and then being reviewed and reviewed based on the relevant laws and regulations as a reference for solving problems. The result are (1) The role of a notary in binding immovable property collateral is very important, referring to article 15 paragraph (1) of the UUHT which stipulates that the Power of Attorney to Impose Mortgage Rights (SKMHT) must be made with a notary deed or deed PPAT (2) The obstacles that occur in the collateral binding process with mortgage rights can be mapped in two stages, namely the pre-binding stage, generally related to the filing of binding requirements such as the identity of the parties, the object of guarantee, and the parties' authority to act and the stage after the binding, at generally related to the attitude of the debtor and the binding process at the local National Land Agency. (3) Legal consequences of binding collateral if not carried out before a notary include the signed agreement loses its authenticity as stipulated in Article 16 paragraph (8) UUJN.  ","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121177287","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}

{"title":"Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners","authors":"Sawin Dwi Hapsari","doi":"10.30659/akta.v7i3.11283","DOIUrl":"https://doi.org/10.30659/akta.v7i3.11283","url":null,"abstract":"Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122482272","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}

{"title":"The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate","authors":"Ida Nursanti","doi":"10.30659/akta.v7i3.11286","DOIUrl":"https://doi.org/10.30659/akta.v7i3.11286","url":null,"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.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116393600","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}

{"title":"Review Of The Implementation Process Of Completion Of Juridical Code Violations Of Notary In Kendari","authors":"Hendro Kusuma Jaya Jaya, Amin Purnawan","doi":"10.30659/akta.v7i2.7881","DOIUrl":"https://doi.org/10.30659/akta.v7i2.7881","url":null,"abstract":"Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128279578","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}

{"title":"Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary","authors":"Putri Nofita S Nofita S, Munsharif Abdul Chalim, Setyawati Setyawati","doi":"10.30659/akta.v7i2.7901","DOIUrl":"https://doi.org/10.30659/akta.v7i2.7901","url":null,"abstract":"The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN. ","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"59 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114028482","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}

{"title":"Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari","authors":"Bahrul Alam, Akhmad Khisni","doi":"10.30659/akta.v7i2.7963","DOIUrl":"https://doi.org/10.30659/akta.v7i2.7963","url":null,"abstract":"The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131039381","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}