Jurnal Akta最新文献

{"title":"Setting the Effectiveness of Law Position and Code Notary to the Quality of Performance","authors":"M. I. V. Ferdiyanti, Amin Purnawan, Soegiyanto Soegiyanto","doi":"10.30659/AKTA.6.4.797","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.797","url":null,"abstract":"This study aims to determine the readiness of governments to regulate and promote the performance of the notary through UUJN and implementation supervision performed by the Supervisory Council, how effective arrangements and Notary Code UUJN to the quality of performance of a notary. The writing method is based on the normative juridical research with a normative approach carried out by analyzing the material by reference to the norms of law - legal norms in the implementation of the code of conduct notary. The results of this study that the notary in carrying out its duties and responsibilities can not be separated from the code of conduct that has been set. But not infrequently the notary work outside their code of ethics. Actions that violate the code of conduct notary, such as signing a deed that is not done in the presence of a notary, a deed outside the office and a deed which is not in accordance with the provisions contained in Law No. 2 of 2014. This of course led to the violation of the law regarding the conduct of their duties. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out INI is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership.Keywords: Notary Act (UUJN); Notary Code; Indonesian Notaries Association. ","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114237563","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":"Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position","authors":"Najmi Amudy, G. Gunarto, Achmad Sulchan","doi":"10.30659/AKTA.6.4.771","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.771","url":null,"abstract":"The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128075259","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":"COLLECTION OF NON TAX STATE REVENUE (NON-TAX) IN THE SALE OF LAND BY LAW NO. 9 OF 2018 IN THE OFFICE OF NATIONAL LAND AGENCY SEMARANG CITY","authors":"Kirana Asmitha Dewi, M. Maryanto","doi":"10.30659/akta.v6i4.7886","DOIUrl":"https://doi.org/10.30659/akta.v6i4.7886","url":null,"abstract":"The purpose of this study was to: 1) To determine the form of non-tax state revenues (non-tax) in the transfer of land rights under Act No. 9 in 2018 at the National Land Agency of Semarang. 2) To determine the barriers and solutions in implementing the collection of non-tax state revenues (non-tax) in the National Land Agency of Semarang In the transition of land rights. The data used this research is primary data, secondary data, and data that can support tertiary study, which is then analyzed by the method of empirical juridical approach in this research means is that in analyzing the problems made by combining the ingredients of the law (which is a secondary data) with the primary data collected in the field is about voting Non Tax Revenue Office Bada National Land Semarang city. This approach is implemented by conducting direct research of the respondents and narasumbr in the field with the aim to collect objective data, which is referred to as primary data.Based on the results of data analysis concluded that: 1)Lodging Tax State Revenue for the transfer-usually collected through intermediaries Deed Official Land (PPAT), although the edges remain submitted to the National Land Agency, and it could have been through a formula or a look of Value Zone Land is there, but at the time of calculation Land Deed official typically does not have any land value zone or commonly called Zoning Value of Land, it is estimated only through the ground's Value Zone only. Because all for the sake of security clien to avoid underpayment. And with the Non Tax Revenue This brings several benefits to the State, the institutions and the community itself. 2) With the non-tax state revenue has not run optimally, so there must be some rules and systems are modified so that it runs with optimal collection.Keywords: Non Tax Revenue; Transfer of Rights to Land; Buy and sell.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123609645","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 Analysis of the Form Deed of Sale and Purchase Agreements and the Disposal of Land Rights as the Basic Right to Apply Broking Which Has Expired","authors":"Axel Budi Putra, M. Maryanto","doi":"10.30659/AKTA.6.4.733","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.733","url":null,"abstract":"The purpose of this study was to analyze: 1) The validity of Deed of Sale and Purchase Agreements form and Release of Land Rights as the foundation for the right over Broking which the period has expired. 2) Barriers and Solutions for the right over Broking which the period has expired. This study is Social Legal research, this study will be presented on the implementation of the deed of waiver to apply transitions and changes in land rights that have expired. Are analytical, because of data obtained was conducted qualitative data analysis.The research results are: 1) the Deed of waiver in this case not only as an authentic act which has been agreed by both parties, but also the legal consequences which are land-status building rights on which the period expires is released into state land and requested back with the new rights by the applicant. Applicant was granted a priority by the state to reapply new rights to the land that is the property that has a definite legal certainty. 2) Constraints that occur is the deed of relinquishment of rights is used as a pedestal right to request building rights that have expired can not start if the deed of release was made prior to the issuance of the Certificate of Registration of Land (SKPT) of the local Land Office,Keywords: Deed; Deed of Release; Broking.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128159315","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":"Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation","authors":"Noor Handayani, Akhmad Khisni","doi":"10.30659/AKTA.V6I4.7578","DOIUrl":"https://doi.org/10.30659/AKTA.V6I4.7578","url":null,"abstract":"The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award \"was borrowed\" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123771265","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":"Effects for Land Deed Official (PPAT) in the Sale and Purchase Agreements of Land Which Does Not Match With Procedure of the Land Deed Making in Magelang","authors":"Sahudi Sahudi, Akhmad Khisni","doi":"10.30659/AKTA.6.4.755","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.755","url":null,"abstract":"The purpose of this study was to analyze: 1) The forms of the deed of sale of land that is not in accordance with the procedures of the Land Deed Manufacture in Magelang. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures of the Land Deed Manufacture in Magelang. 3) The legal consequences for the Land Deed Official (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in Magelang.This research is normative juridical approach, the sociological juridical approach. The collection of primary and secondary data obtained by interview and literature study, then analyzed by qualitative analysis method.The research results are: 1) The forms of the deed of sale of land that is not in accordance with the procedures Making Land Deed in Magelang among which the sales and purchase agreement by the parties do not before PPAT who signed the deed of sale (deposit certificate), signing not done in the same time in front of PPAT, the transaction price values contained in the deed of sale is different from the actual transaction value. 2) The cause of the Deed of Sale and Purchase of Land not in accordance with the procedures Making Land Deed in Magelang, namely the existence of a situation which requires PPAT to manufacture the deed of sale that is not in accordance with the procedures deed PPAT is needed in order to save a sale and purchase transaction , their high trust between the parties with PPAT, a factor the value of security be so PPAT would follow the wishes of the parties. 3) The legal consequences for Deed Official Land (PPAT) in the manufacture of a deed of sale of land that is not in accordance with the procedures show a deed of land in the district of Magelang is PPAT be dishonorably discharged from his position, may be subject to administrative sanctions and fines in accordance with the regulations applicable.Keywords: Sale and Purchase Agreements; PPAT; Effects.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125339816","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":"Juridical Analysis of the Implementation on Project of National Agrarian Operations (PRONA) In the Regency of Blora","authors":"Wahyu Kurniawan, Akhmad Khisni","doi":"10.30659/AKTA.V6I4.7593","DOIUrl":"https://doi.org/10.30659/AKTA.V6I4.7593","url":null,"abstract":"Blora Regency is one of regencies in east end of Central Java province of the run National Agricultural Operations Program or commonly referred to PRONA. In fiscal year 2017 this amount PRONA in Blora Regency is one of the largest in Central Java province that is the number 25000 certification of land. Implementation of the National Agricultural Operations Program also involves various parties including the Government of Blora, Blora Regency Land Office and Regency Head / Head of Village related to the implementation of the National Agricultural Program's operation. Research methods which I use in this research is empirical juridical. Moreover, I also use this type of field research where the author falls directly to secure the data is valid in the field. From the results of this study concluded that the juridical implementation of the National Agricultural Program Operation in Blora with fiscal year 2017 is superbly accomplished in accordance with applicable regulations is Government Regulation No. 24 of 1997 on Land Registration and Technical Guidelines Prona.Keywords: National Operations Program; Registration of Land Mass.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130786130","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":"Juridical Review on Grants of Treasure Together Of Child Due Divorce In Religious/ Islamic Courts of Kendal","authors":"Bagus Malik Hakim, Akhmad Khisni, M. Chalim","doi":"10.30659/AKTA.6.4.741","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.741","url":null,"abstract":"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.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132048759","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 Certainty Of Notary That Leave Because Inducted Into Legislature","authors":"Wella Tiara Aginta, Akhmad Khisni","doi":"10.30659/AKTA.6.4.727","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.727","url":null,"abstract":"The purpose of this study were 1) to analyze and explain the legal certainty of the notary who leave because inducted into the legislature. 2) To analyze and explain the barriers and solutions to the notary who leave because inducted into the legislature. The method used by researchers is normative legal approach and specification in this study were included descriptive analysis. The sources and types of data in this research is secondary data obtained from the study of literature. Based on the results of research that Legal certainty to the notary who leave because inducted into the legislature is always referred substitute notary replaced and the decree was not revoked. Normative, legal certainty it requires the availability of devices legislation which is operationally able to support its implementation. Empirically the existence of legislation that need to be consistent and inconsistent human resources and supporting Notary Supervisory Council. In the execution of a notary who leave because inducted into the legislative, which makes barriers in this issue, namely: a) Could not intensively guiding the deed made by the notary substitute; b) Can not make corrections formal and substantive evidence against the deeds were made but the name remained imprinted substitute notary; c) Can not guarantee against legal certainty to the deed made by the notary substitute; d) Can not / are not able to use the time off was good. Solutions to overcome barriers to notaries who leave because inducted into the legislature is to reinforce the requirement for nominating a member legislative, not just for not practicing (on leave) but with resignation as a notary or PPAT and release all the attributes (nameplate, office practices, and so on ).Keywords: Rule of Law; Notaries; Leave; Legislature.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129997668","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":"Making Implementation Deed Electronically Based on Law of Notary","authors":"Yudha Priyo Kuspratomo, S. Wahyuningsih","doi":"10.30659/AKTA.6.4.691","DOIUrl":"https://doi.org/10.30659/AKTA.6.4.691","url":null,"abstract":"The purpose of this study was to: 1) To know and analyze the mechanisms of electronic deed made by the notary. 2) To analyze the obstacles faced by the notary in the manufacture of electronic certificates. The method used in this empirically is sociological juridical data used in this study are primary data and secondary data, primary data obtained by conducting interviews with Indonesian Notary Association, and secondary data obtained by reviewing book. Found of data analysis concluded that: 1) the Indonesian Notary Association until now was not serious to realize implementation electronically authentic deed. With electronic media, notaries become more efficient administration. 2) Barriers cyber Notary the notary system management. Managed the Ministry of Justice and Human Rights of the Republic of Indonesia or the Indonesian Notaries Association organization. Because the office of notary is an independent, preferably Indonesian Notary Association has its own system that will manage the cyber Notary and can be used by all notaries Indonesia. Harmonization Act as a way out for the development of cyber Notary in Indonesia. Keywords: Deed Electronics; Cyber Notary; UUJN.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129567624","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}