Jurnal Akta最新文献

{"title":"Notary Role In Agricultural Land Rent Agreement In The Village Of Tungu Godong District Of Grobogan","authors":"Ani Hilyani Hilyani, Tofan Alamsyah, Aryani Witasari","doi":"10.30659/akta.v7i1.7873","DOIUrl":"https://doi.org/10.30659/akta.v7i1.7873","url":null,"abstract":"The purpose of this research are: 1) To determine the role of the Notary in the implementation of the agreement rented farmland in the village of Tungu Godong District of Grobogan. 2) To know the rental renting Agricultural Land In the village Tungu Godong District of Grobogan. 3) To know the constraints in the implementation of the lease meyewa farmland and the solution of these constraints. The method in this research sociological juridical This study is based on positive law in Indonesia and is based on existing practices in the community. So paties directly relate to both parties, including the people who do agricultural land lease agreement.Based on the analysis of this study concluded that the role of the Notary in the lease agreement of agricultural land is the agreement made before a Notary with the deed of lease agreement, the lease which is carried out in the village Tungu done by those who do the lease agreement in line of sight crushing price to be agreed , if it is agreed the lease agreement was publishes an agreement in the agreement, such as a lease, the lease payments. The obstacles in the process of leasing such as crop failure, it is also common pests and the solution of these problems are minimized losses by means of land rent farmers cultivating land in addition to the main cropping namely rice, do matcher other crops such as corn.Keywords: Role of the Notary; Rent Agreement; Land of Agriculture.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"16 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":"116129617","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":"Notary Role in Implementing Acquisition of Assets Debtors (AYDA) To Overcoming Bad Debt Settlement (Case Study at Banking Pati Regency)","authors":"H. Hartini, Lathifah Hanim","doi":"10.30659/akta.v7i1.7626","DOIUrl":"https://doi.org/10.30659/akta.v7i1.7626","url":null,"abstract":"The aim of research to determine: (1) Implementation of foreclosed assets by the Bank; (2) The role of the Notary in the Implementation of foreclosed assets; and (3) Obstacles and solutions in the implementation of foreclosed assets by the Bank. The data used in this research is secondary data in the form of primary legal materials, legal materials, secondary, tertiary and data.Based on the results of data analysis concluded that: (1) Implementation of foreclosed assets is done through voluntary surrender by the debtor, the auction of mortgage, and the legal process; (2) The role of the Notary in the Implementation of foreclosed assets through legal acts compensated by making the Sale and Purchase Agreements; and (3) Obstacles to the implementation of foreclosed assets derived from: (a) the debtor, the debtor does not happen because the credit cooperative in completing the stalled; (B) a third party, in this case mainly the owners of land and buildings pledged by the debtor to the bank as a creditor. Third parties often take the fight at the time of the execution of the collateral to be taken over; and (c) the country through the provision of legislation. Solutions to overcome these obstacles through the effectiveness and efficiency of foreclosed assets.Keywords: Notary; Foreclosed Assets; Credit Los.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"51 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":"130984426","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":"Weakness Of Political Law Notice Not Reflecting Justice For Notary","authors":"Rais Firdaus Handoko","doi":"10.30659/akta.v7i1.9190","DOIUrl":"https://doi.org/10.30659/akta.v7i1.9190","url":null,"abstract":"The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description.Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty.This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations.Keywords: Political Law; Notary; Justice.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129103178","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 Existence Of The Sale And Purchase Agreement (PPJB) As Authentic Evidence Tool Based On Government Regulation No. 24 Of 2016 On The Position Rules Of Land Deed Official Position In Cilacap Regency","authors":"B. Basuki, Ngadino Ngadino","doi":"10.30659/akta.v7i2.7670","DOIUrl":"https://doi.org/10.30659/akta.v7i2.7670","url":null,"abstract":"The purpose of this study was to: 1) To analyze the implementation of the Agreement manufacture Sale and Purchase of Land by the Land Deed Official (PPAT). 2) To analyze the existence of the Sale and Purchase Agreement (PPJB) as Authentic Evidence based on Government Regulation No. 24 of 2016 Concerning the Rules of Land Deed Official Position in Cilacap Regency. 3) To know and analyze the process of land registration with the Sale and Purchase Agreement (PPJB) as Authentic Evidence.This study using sociological or empirical juridical approach. In sociological juridical approach of law as law in action, described as a social phenomenon that is empirical, descriptive analysis specifications. The data collection was obtained by interview and literature.The research results are: 1) In the implementation of the keel PPJB included power from seller to buyer to sign the Sale and Purchase Agreements, so that the signing of the Sale and Purchase Agreements do not require the presence of the seller. PPJB is not paid, the payment is made if the selling price received by the seller has not paid off. In the chapters PJB not paid at least the specified amount of advance paid at the time of signing the deed of CHD, ways or terms of payment, when repayment and the agreed sanctions if one party defaults. PJB not paid off must also be followed by AJB at settlement. 2) the PPJB is binding for both parties (seller and buyer) as well as for the heirs or assigns who died.Keywords: PPJB; Authentic Evidence; Deed of Sale and Purchase.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115236653","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":"Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy","authors":"Budisidhabhiprodjo Budisidhabhiprodjo","doi":"10.30659/akta.v7i1.9768","DOIUrl":"https://doi.org/10.30659/akta.v7i1.9768","url":null,"abstract":"In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125699696","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":"Islamic Justice Perspective On Notary The Perpetrators Criminal Action","authors":"Ira Alia Maerani","doi":"10.30659/akta.v7i1.9759","DOIUrl":"https://doi.org/10.30659/akta.v7i1.9759","url":null,"abstract":"This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of \"equality before the law\" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130989737","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":"Act Making Mechanisms Sale And Purchase Agreement (SPA) Public By Authentic As Evidence In The Process Of Transition Of Land","authors":"Gigih Bella Wicaksono Kenedy, Lathifah Hanim","doi":"10.30659/AKTA.7.1.69","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.69","url":null,"abstract":"SPA is a preliminary agreement on the sale and purchase agreement whose existence is recognized by Law No 1 of 2011 on Housing and Settlement (as lex), an agreement of this kind can be allocated to the object of the agreement in the form of fixed objects. The journal aims to determine: 1) Mechanism Creation Act Sale and Purchase Agreement (SPA) by the Public in the process of transfer of rights on the ground. 2) As a result of the Law of Sale and Purchase Agreement (SPA) as an Agreement.The method of this journal Sociological Juridical approach. Data were collected from literature research and field research. Data collection tool is the study of literature and interviews. Data was analyzed using qualitative approach by using inductive-deductive logic thinking.The results showed that: 1) Making mechanism Sale and Purchase Agreement (SPA) by the Public in the transition process of land rights by submitting the data themselves form: ID, KK, Certificate etc. From the data obtained all the documents submitted Copied accordance with the original, which will be attached to the Minutes of Deed Sale and Purchase Agreement (SPA) 2) The legal consequences of the Sale and Purchase Agreement (SPA) as a preliminary agreement (voor overeenkomst) is binding on the party who made it, where the parties both sellers and prospective buyers agreed to purchase land and buildings.Keywords: Transition on Land; Sale; SPA.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"45 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114011007","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 Effects of Notary Code Breaking In Publication or Self Promotion in Pangkalan Bun","authors":"Ismi Hardiyanti, Achmad Sulchan","doi":"10.30659/AKTA.7.1.77","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.77","url":null,"abstract":"The purpose of this study was to: 1) to assess and analyze the legal consequences for a notary public notary who violate the code of conduct in doing publicity or self-promotion on the base bun. 2) to assess and analyze the implementation of Effects Notary The Notary Code Breaking In Doing Publication Or Self Promotion In Pangkalan Bun.Based on the results of data analysis concluded that: 1) In the code of conduct notary was clear in saying that a notary is prohibited from publishing or self-promotion, either individually or jointly, it because may result in the authority and dignity of a notary as a public official downhill , 2) Violation of Implementation notary who violates the provisions of the code of conduct in the form of advertising self notary was his only impact on the position of the Notary as a member of the Association and no impact on the position of the notary as a public official.Key words : Notary Code of Ethics; Self Promotion; Effects.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114256114","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 for Debtors over Separatist Creditors' Rights Related To Bankruptcy","authors":"S. Sutrisno","doi":"10.30659/AKTA.7.1.83","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.83","url":null,"abstract":"Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"294 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134215929","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 Impact Of The Land Deed Official Whose Position Is Different From The Place Of Domicile As A Notary","authors":"Ardila Taha Taha, Umar Ma’ruf, Widhi Handoko","doi":"10.30659/AKTA.7.1.53","DOIUrl":"https://doi.org/10.30659/AKTA.7.1.53","url":null,"abstract":"The objectives of this study are: 1) To find out and explain the legal impact of the Land Deed Official whose position is different from the place of domicile as a Notary. 2) To find out the actions and steps that can be taken if in practice a Notary / PPAT gets a different position area. The method of approach used in this study is the Normative juridical approach. Retrieval of data with a library approach. The analysis was carried out qualitatively.Based on the results of data analysis, it can be concluded that: 1) Notary who has been appointed in an office whose position is different from his area of office as a PPAT is temporarily dismissed from his position for violating the obligations and prohibition of office. Regulations regarding this matter are expressly regulated in UUJN. The person concerned is no longer entitled to make a deed, meaning that he no longer has the authority to make any deed, so if he turns out to still make a deed, then the deed concerned only has the power of proof as a deed under the hand. Whereas the PPAT who is appointed in a position whose position is different from his position as a Notary, causing the PPAT in question automatically stops automatically as a PPAT and for that reason, no dismissal decision is needed. Regulations regarding this matter are explicitly regulated in Government regulation number 24 of 2016 on Government regulation number 38 of 1998 on PPAT Position Regulations. 2) Notary / PPAT Actions and Steps that deal with the problems mentioned above must immediately submit an application to the relevant agency (DEPKUMHAM/BPN) to be able to adjust the area of office. In the event that the formation for the area concerned is closed, the relevant person must wait until the formation for the area is opened. In order to continue to carry out his position concerned must choose his work area as a Notary or work area as PPAT. Regulations regarding this matter are explicitly regulated in Government regulation number 24 of 2016 on Government regulation number 38 of 1998 on PPAT Position Regulations.Keywords: Legal Impact; Land Deed Official; Position; Notary.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"18 1-2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132120417","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}