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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 15 Documents
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Search results for , issue "Vol 10, No 4 (2023): December 2023" : 15 Documents clear
Land Abandonment in Indonesia: Perspective of National Land Law and Islamic Law Adinata, Hendrix; Ichsan, Muchammad
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.33908

Abstract

The increasing number of people causes the need for land to increase. On the other hand, there is still a lot of land neglect by individuals and legal entities, giving rise to social, economic, and people's welfare disparities and reducing environmental quality. This study aims to determine and analyze land abandonment from the perspective of national land law and Islamic law. The writing method uses juridical-normative legal research examining library materials or secondary data. The research results show that land abandonment from the perspective of national land law is currently regulated in the Regulation of the Government of the Republic of Indonesia Number 20 of 2021 concerning Controlling Abandoned Areas and Land. Abandoned freehold land becomes the object of control over abandoned land with the provision that it is not used, exploited, or maintained for 20 years. Meanwhile, land with building use rights, use rights, management rights, and business use rights becomes the object of controlling abandoned land if it is not used, utilized, or maintained for two years from the issuance of the rights. Meanwhile, from the perspective of Islamic law, land abandonment can be seen from the opinions of the Hambali, Syafi'i, and Maliki Fuqaha. The Hambali School stipulates three years for cultivating land. If the land cannot be developed within that time, the rights to the land will be lost, and the State will take the land to be distributed to other people. Meanwhile, the Syafi'i and Maliki schools do not determine a specific period but solely based on why the ground is not cultivated.
The Fiqh Perspective on Aurat Boundary towards Dignified Society Pulungan, Sahmiar
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.33420

Abstract

Aurat is the minimum parts of the body that must be covered according to Allah's command. Aurat cannot be shown because it is associated with disgrace, shame and must be covered with Islamic clothing. This research discusses the perspective of fiqh regarding the boundaries of the intimate parts towards a dignified society. This research is descriptive qualitative research using a library research approach. This data is a primary data source, namely data which is the main source of library research by searching for various literature (books) and as secondary data are journals related to the research. The data collection technique uses the documentation method, namely studying and searching for data in the form of notes, documents, transcripts, books, magazines, and so on. The data analysis technique uses the Miles and Huberman model of data analysis in the data analysis technique. The results of this research are that according to the science of ushul fiqh, it can lead to obligatory 'ainy ta'abbudy, namely an obligation that must be carried out by every individual who is Muslim without asking why. Whoever carries out this obligation will receive a reward, because he has carried out the worship required by Allah SWT and whoever does not carry it out means denying one of the teachings of the religion. The daughters and wives of the Holy Prophet are model women who serve as role models for all Muslim women. Hijab is considered shari'i-qualified, when it serves to cover jewelry, clothing and the whole body.
Implementation of Corporate Responsibility Theories Related to The Difference in Criminal and Civil Responsibility Between Corporation and Corporate Officer Devina Puspita Sari; Sri Ismawati; Siti Rohani; Mega Fitri Hertini; Angga Prihatin
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.35139

Abstract

Corporations can be charged with criminal and civil responsibility based on corporate responsibility theories. Corporate criminal responsibility must be differentiated from the corporate officer responsibility, it’s not the same concept in civil law perspective. Corporate responsibility theories, and its implementation in court decision that talk about criminal dan civil corporate responsibility are the subject of this article. The discussion regarding implementation in criminal law perspective is based on the withdrawal of corporate criminal responsibility for the mistakes of corporate officer, even though the corporation was not prosecuted in court, on the other side, in civil law perspective, corporation can imposed based on the fault of their corporate officer even their worker by vicarious liability theory. Research was carried out using a statutory approach, a conceptual approach and a case approach. The case studies are Court Decision Nr. 20/Pdt.G/2018/PN.Jkt.Ut and Nr. 34/Pid.Sus/2019/PN.SDA. The analysis carried out that the corporate responsibility theory used in imposing criminal responsibility on a corporation can be seen in the law that regulates related criminal acts. A distinction must be made between criminal responsibility carried out by corporation and corporate officer. However, in civil law perspective, corporation can imposed based on the fault of their corporate officer even their worker by vicarious liability theory.
Regulations of Buyer's Tax Imposition before Transfer of Land Rights Sulistyowati Sulistyowati; Devarita Devarita; Dewi Nadya Maharani
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.35866

Abstract

Taxes have a crucial role as a source of state revenue, including in Indonesia. The principle of fairness in tax collection includes horizontal, vertical, and geographical aspects. Seller Tax and Land and Building Rights Acquisition Duty (BPHTB) are essential in transferring land rights. Final Income Tax stipulates that Seller Tax must be paid before the Deed of Sale and Purchase (AJB), while the buyer is responsible for BPHTB. The problem arises when new regulations, such as Government Regulation Number 35 of 2023 concerning General Provisions for Regional Taxes and Regional Levies, require buyers to pay taxes on the sale and purchase binding agreement (PPJB) before AJB. This goes against the principle of ownership and can present difficulties for buyers. This research uses qualitative methods with a normative approach. The results include an analysis of regulations and public opinion, focusing on the differences between PPJB and AJB and their impact on tax liabilities. Public awareness of BPHTB's tax obligations is a significant issue, with regulation changes making it challenging to understand and implement. Data is obtained through primary, secondary, and tertiary sources, including legal documents and online news.
De-Regulation of Criminal Law Provisions in Regional Regulations after the Criminal Codes Enactment Jamaludin, Ahmad
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.33476

Abstract

Indonesia has various criminal provisions within the regional regulatory framework which cover many articles. In connection with this, the enactment of Law No. 1 of 2023 concerning the Criminal Code in 2025 will ensure compliance with all criminal regulations stipulated in regional regulations with statutory provisions. In this regard, the implementation of Law No. 1 of 2023 concerning the Criminal Code (KUHP), which is scheduled to come into effect in 2025, guarantees the submission of all criminal laws outlined in regional regulations to the provisions of that law. The aim of this research is to examine the existence of the terms crime and violation as well as the provisions for criminal sanctions in the existing regional regulatory framework after the enactment of Law No. 1 in 2023. This research uses a normative juridical methodology, using a statutory approach and a conceptual approach. This research concludes that to prevent disruption of legal harmonization in Regional Regulations, it is necessary to revise the legal provisions contained in Law No. 23 of 2014 concerning Regional Government and Law No. 12 of 2011 concerning the Formation of Legislative Regulations, in order to overcome potential ambiguity. Besides that, it is very important for the Regional Government to carry out a comprehensive inventory and evaluation of regional regulations that use the terms "Crime" and "Violation" and regulate the imposition of criminal sanctions in the form of imprisonment and fines. This step is very important to immediately begin the necessary preparations to amend these provisions and align them with the provisions outlined in Law No. 1 of 2023 concerning the Criminal Code as an effort to encourage legal harmonization within the framework of statutory regulations.
Legal Protection by Advocates for The Rights of Suspects in The Investigation Process of Criminal Cases Umi Enggarsasi
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.36005

Abstract

In providing legal protection to a suspect, the implementation of Law Number 8 of 1981 concerning Criminal Procedure Law is crucial, especially at the investigation stage in a criminal case. At the interrogation stage, arbitrary actions often occur on the part of investigators against suspects suspected of being involved in criminal acts. This research explores the legal protection of suspects' rights in the process of examining criminal cases, with a focus on the role of advocates in accordance with the provisions of Law Number 8 of 1981 concerning Criminal Procedure Law. The interrogation stage in an investigation often becomes the focal point, where arbitrary actions on the part of investigators can threaten the suspect's rights. This research adopts a library research method with a normative juridical approach. The approach in this research involves library materials or secondary sources, which are then collected, analyzed and researched. Field studies were also carried out to obtain direct data regarding the protection of suspects' rights in the investigation process. The role of advocates in legal assistance at the investigation level has limitations regulated by Article 115 of the Criminal Procedure Code. These restrictions are a step to maintain the smoothness of the investigation process without any interference that could harm the interests of the state. Therefore, apart from advocates having a more passive role at this stage, the principle of legal protection for suspects remains the main focus in running the criminal justice system.
The Law Enforcement in Indonesia: Progressive Legal Perspectives and Islamic Law Hendrix Adinata; Nanik Prasetyoningsih
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.35172

Abstract

Many law enforcement in Indonesia adhere to a positivistic legal paradigm, namely interpreting the law textually from articles written in statutory regulations only. Meanwhile, in society, there are positive values and religious norms that are often ignored and violated in law enforcement. This normative juridical legal research aims to find out and analyze how law enforcement in Indonesia is viewed from the perspective of progressive law and Islamic law. The research results show that progressive law can be a solution and alternative for law enforcement that can reflect society's values of justice. To uphold the values of justice in society, law enforcement officials must have a progressive perspective that frees them from the shackles of legal formalities. Meanwhile, from the perspective of Islamic law, law enforcement is carried out using the ijtihad method to resolve the cases faced fairly and to satisfy the parties seeking justice. Ijtihad must be carried out by a mujtahid who has fulfilled the requirements and has the authority and competence to uphold Islamic law. Ijtihad is also a way to make Islamic law have the same characteristics as progressive law so that its existence can be accepted in every era, regardless of place.
Inheritance of Different Religions from the Perspective of Shaykh Yusuf Al-Qaradhawi Hutagaol, Khairul Hasbi; Purba, Zainal Arifin
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.35236

Abstract

The provisions of inheritance in Islam are very clear, the provisions of the prohibition of inheritance between Muslims and non-Muslims have been agreed upon by classical jurists. The purpose of this study is to determine the Inheritance of Different Religions in the Perspective of Yusuf Al-Qaradhawi. This research uses descriptive analysis method. This type of research is qualitative then analysed normative juridical, namely by looking for the legal basis and regulations, by analysing the Supreme Court Decision Number 16K / AG / 2010, and Yusuf Al-Qardhawi's opinion in the book Fatwa Ma'ashira. problems that occur in families where the husband leaves an heir, namely a wife who is of a different religion from him, one of the obstacles for the heir to get his rights is due to different religious factors. The results of the study explain that according to Yusuf Al-Qaradhawi, inheritance of different religions can be given to heirs of different religions without the term mandatory will as has been determined by the Supreme Court decision Number: 16K / AG / 2010 related to the opinion of Yusuf Al-Qaradhawi about inheritance of different religions is supported by Ibn Taymiyyah.
Application of the Simple, Fast and Light Cost Principles in the Determination of Time for Case Settlement in the Religious Court / Syar’iyah Court in Perspective of Maqashid Syari’ah Siregar, Dangas; Pagar, Pagar; Harahap, Arifuddin Muda
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i2.34031

Abstract

Courts under the Supreme Court of the Republic of Indonesia are always in the spotlight of the public and the media both about their performance and about the weaknesses and shortcomings in these institutions as judicial institutions that carry out the mandate of the provisions of the law. the determination of the time period for case settlement in various courts including the Religious Courts and the Syar’iyah Court quickly as mandated by the provisions of the Law which regulates that judicial procedures must be based on the principles of simple, fast and light costs. In reality, in judicial proceedings that take place in the Religious Courts and in the Syar’iyah Court, not always the principles of simplicity, speed and low cost can be applied. Often there are cases whose resolution takes a protracted time so that the litigants themselves certainly feel tired of undergoing all the existing judicial processes. When viewed from the point of view of Islamic law, a decision / law that is born by humans must actually be in line with the intent and purpose of the Islamic law itself or known as Maqashid al-Syari’ah. In this study using the type of library research (library research), the object of this research is a court decision, the nature of this research is Descriptive-analytic and Qualitative Data Analysis. The results of the study concluded that from the point of view of Maqashid al-Syari’ah, the application of the principles of simple, fast and light costs in case settlement in the Religious Courts and the Syar’iyah Court is classified as the application of Maqashid at the hajiyyah level, namely to provide convenience for justice seekers in obtaining access to justice as fair as possible.
Proposing Peace Agreement Ratification Procedures in Delay of Debt Payment Obligations (PKPU) Nainggolan, Bernard
JURNAL AKTA Vol 10, No 4 (2023): December 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.v10i4.36020

Abstract

Peace agreement in Delay of Debt Payment Obligations (PKPU) offers ways to pay all or part of the debt as an effort to avoid bankruptcy, so that the peace is legally valid and binding on the parties, it requires ratification of the peace from the Commercial Court. However, in practice, it was found that there were delays in ratifying the peace agreement that had been agreed to by the parties due to reports that had not been submitted by the management during the PKPU period. The focus of the research is to identify the legal consequences of delaying the approval of the peace agreement on debt settlement of the debtor. The method used is normative juridical with descriptive analysis. Secondary data sources are used, involving legal materials related to primary legal materials and providing explanations for them. Secondary data sources include books, journals, papers, reports, scientific papers, and undergraduate research results in the field of law. Apart from that, tertiary legal materials are also used as additional references, such as articles, books or papers. The results of the research show that delays in ratifying peace agreements that violate statutory provisions have the potential to create legal uncertainty and can lead to debtor bankruptcy. The research conclusion emphasizes the importance of maintaining compliance with legal procedures in PKPU in order to achieve legal certainty for all related parties.

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