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Jurnal Akta
Published by Universitas Islam Sultan Agung
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal has been acredited
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Articles 8 Documents
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Search results for , issue "Vol 10, No 2 (2023): June 2023" : 8 Documents clear
Pandongani Boru Tradition in Padang Lawas Muslim Community Wedding from the Perspective of `Urf Paet Hasibuan; Sukiati Sukiati
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33412

Abstract

Pandongani Boru is a tradition of the Padang Lawas community in which a girl accompanies the bride when she is brought to the martua's house directly after the wedding party is over. If the Pandongani Boru tradition is not carried out, the marriage of the bride and groom is considered invalid by traditional leaders and the community is prohibited from assisting in the implementation of the wedding party. This tradition is not regulated in Islamic law, but to this day the community still implements and dares not abandon this Pandongani Boru tradition. This study aims to find out the views of the Padang Lawas Muslim community towards the Pandongani Boru tradition. In addition, this study also aims to find out the reasons why the people of Padang Lawas still maintain the Pandongani Boru tradition in their marriage ceremony. The next objective of this study is to find out the Pandongani Boru tradition in the Padang Lawas Muslim community based on the `Urf review. By using qualitative research methods, data was collected by interviewing the participants. This study found that the results of the research found by researchers that the Pandongani Boru tradition is a tradition that has been carried out by the community from the past until now. The reason they carry out pandongani is because this tradition does not conflict with Islamic law. And to maintain good customary kinship relations. This research concludes that traditions accepted through the perspective of `Urf can be adopted by Islamic law. And that customary law and Islamic law still coexist harmoniously in Indonesian society. This research contributes to the strengthening of theories of the intersection of Islamic law and customary law in Indonesia.
The Digitalizing Agrarian Land Services to Counter Land Mafia in Vietnam Nguyễn Hữu Thọ
Jurnal Akta Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33392

Abstract

This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Vietnam, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
Fiqh Munakahat Review on Divorce Caused by Parental Interference in Padang Lawas District Pahrur Rozi Hasibuan; Sahmiar Pulungan; Fatimah Zahara
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33382

Abstract

Marriage is an act ordered by Allah and also recommended by the Prophet. Household stability and continuity of life between husband and wife are the main goals of marriage and this is very much taken into account by Islamic law. Carrying out married life does not require the possibility of divisions and disputes that cause the condition of the household to experience disharmony. It is phenomenal that more involvement by parents in the household will lead to dependency problems which always involve the parents and are not discussed beforehand between husband and wife, the existence of the family can sometimes be a problem in the household. So the relationship between in-laws and daughters-in-law often becomes a thorny relationship. This case will be studied from the Fiqh Munakahat legal review. Divorce based on the wishes of parents that occurs in the Padang Lawas community is not valid, because there are conditions and harmony that are not fulfilled. The will and willingness to carry out an action are the basis for taklif.
The Principle of Contrarius Actus in the Dispute Over the Appointment of the Acting Regent of Padang Lawas Regency Andrew Amanah Carnegie Hasibuan; Irwansyah Irwansyah
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33383

Abstract

This research discusses the Principle of Contrarius Actus in the Appointment Dispute for the Regent of Padang Lawas. This research uses the observation method. The observation method is a process of observing the five senses, interviews are to get answers by asking questions and answers, documentation is past notes and literature study is collecting the required documents. The research approach used is an empirical juridical approach aimed at obtaining primary data and secondary data through field research and library research. Researchers obtain sources through literature studies in the form of articles, journals, document studies in the form of photographs and field studies by means of interviews and observations. In the discussion, we know a lot that the New Order government and regions could not develop optimally because the political and economic system built by the New Order government was very centralized. On November 24 2021, a problem arose between the regent and the deputy regent of Padang Lawas regarding the issuance of a letter issued by the Governor of North Sumatra number 132/12201/2021 regarding the deputy regent of Padang Lawas as acting Regent of Padang Lawas, where the contents of the letter lacked careful consideration and it seemed like they were in a hurry, proven by the fact that the regent's health was not checked. The publication of the letter issued by the Governor of North Sumatra resulted in the regent no longer being able to carry out his duties, authority and functions as Regent of Padang Lawas comprehensively. The occurrence of a conflict between the Regent and Deputy Regent of Padang Lawas resulted in the loss of rights and obligations in carrying out their duties and authority as regent.
The Problems of Implementation of Electronic GMS on the Making of Relaas Notary Deed Syifa Rana Tsary; Silaas Oghenemaro Emovwodo
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.24897

Abstract

This study examines the development of the digitalization era in the legal field, especially the electronic General Meeting of Shareholders (GMS) regulated by law. The formulation of the research problem is how the electronic GMS according to positive law in Indonesia and how the impact on the notarial deed related to the implementation of the electronic GMS. The research method used is normative and literature study, based on primary legal materials (statutory regulations), secondary legal materials (scientific works, journals, books, documents and other literature), and tertiary legal materials (legal dictionaries). The results of this study are that the E-GMS has been legally enforced, because it is regulated in Article 77 of the Company Law and POJK Number 16/Pojk.04/2020, so that the organs of the Limited Liability Company can carry out the GMS as usual without being physically present in order to break the chain of the Covid-19 pandemic. Although the e-GMS arrangements have been clearly regulated in the legislation, the lex specialist derogat lex generalist principle cannot be ignored, Article 16 paragraph (1) letter (m) and Article 18 UUJN are still prioritized, so that the electronic deed of the GMS cannot be carried out or will resulting in the legal force of the proof being a private deed.
The Application of Legal Certainty on Electronic Certificates in Indonesian Agrarian Law Firdo Lingga
Jurnal Akta Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.33391

Abstract

In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. This research aims to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage.
Legal Protection of Patients Victims of Medical Malpractice in Indonesia Reviewed Based On Civil Law & Health Laws Eunike Putri Emmanuella; Dwi Aryanti Ramadhani
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.34021

Abstract

This research examines the legal protection of patients who are victims of medical malpractice in Indonesia, focusing on civil and health law aspects. In the context of medical practice, medical malpractice is interpreted as negligence or errors that may harm patients. While legal regulations provide protection for patients, their implementation poses challenges, particularly in cases of medical malpractice. Using a normative legal research method, this study analyzes the legal provisions found in Law Number 29 of 2004 concerning the practice of medicine, Law Number 36 of 2009 concerning Health, and Law Number 36 of 2014 concerning health professionals. Additionally, the study considers judicial decisions related to medical malpractice cases in Indonesia. The research findings indicate that patients who are victims of medical malpractice have the right to claim civil damages against the responsible doctor or healthcare institution. Such claims may be based on tort and breach of contract, encompassing the neglect of medical service standards and failure to fulfill therapeutic contract obligations. Civil liability also involves hospitals, which bear responsibility for medical actions performed by healthcare professionals under their jurisdiction. The concept of respondeat superior liability is applied, whereby hospitals can be held accountable for mistakes made by their employees. In conclusion, patients have legal protection against medical malpractice based on existing regulations. However, challenges persist in the implementation and proof of tortious and contractual breaches. Therefore, this research contributes to understanding the legal aspects related to patient protection in the context of medical malpractice in Indonesia.
The Planning Omnibus Law of Worker in the Perspective of Modernization and Justice: A Flash Back Review Hono Sejati; Wieke Dewi Suryandari
JURNAL AKTA Vol 10, No 2 (2023): June 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.33788

Abstract

There are many overlapping regulations, and also the investment climate that is really needed to grow significantly in competition with the global world, of course to regulate this requires a regulation that can accommodate the many regulations that exist in Indonesia. Since Indonesia's independence in 1945, the government (executive and legislative) has produced laws and regulations to regulate society in the form of regeling (regulations) and beschikking (decisions). Due to the large number of overlapping regulations, many are then submitted for judicial review or testing of statutory regulations to the Constitutional Court of the Republic of Indonesia. Since the establishment of the Constitutional Court in 2003, many laws have been submitted to the Constitutional Court because they were deemed to be in conflict with the 1945 Constitution of the Republic of Indonesia. And it is true that these regulations have also been annulled by the Constitutional Court and deemed to be in conflict with the Constitution of the Republic of Indonesia.

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