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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 33 Documents
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Search results for , issue "Vol 11, No 3 (2024): September 2024" : 33 Documents clear
Legal Protection of Female Inmates in Pregnancy, Childbirth, and Breastfeeding in Correctional Institutions Bintoro, Kusumo Wahyu; Santoso, Budi; Ispriyarso, Budi
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.38345

Abstract

This research aims to analyze the condition of imprisoned women who are pregnant, giving birth, and breastfeeding within correctional facilities by examining the relevant regulations and case observations. This research uses a normative-empirical approach. This research is conducted by reviewing literature data supported by the studied cases. The data obtained are analyzed by qualitative methods and presented descriptively. The conclusions of the research are: 1) The rights of these prisoners are not fully met. There is an imbalance in facilities and treatment among different prisons.2) The regulations on the rights of prisoners who are pregnant, giving birth and breastfeeding in Indonesian law are still inadequate and insufficient as outlined by international convention
The Legal Responsibilities of A Notary as A General Official for Authentic Deeds related to the Criminal Action of Forgery Heriyanti, Heriyanti; Pakpahan, Emir Syarif Fatahillah; Jeriko Tumanggor, Togap
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39747

Abstract

The Notary's Code of Ethics is a guideline for the attitude and behavior of a notary. It is necessary to maintain the quality of legal services to the public. In carrying out his duty, aside from referring to the Law of Notary, a Notary must also obey and act in accordance with the moral principles of notary practice in Indonesia. The supervision of notaries by the Notary Supervisory Board is to ensure that notaries always act in accordance with the legal principles that underlie their authority and can avoid abuse of the authority or trust given. This empirical research aims to determine the number of public complaints received by the Regional Notary Supervisory Council in Medan regarding alleged violations of the ethics code committed by Notaries, the effectiveness of supervision implementation and prevention of violations of the Notary ethics code by the Notary Supervisory Council during the last 4 (four) years of from 2018 to 2021. The research results of this study show that in 2018 there were 8 (eight) complaints, in 2019 there were 12 (twelve) complaints, in 2020 there were 24 (twenty four), and in 2021 there were 10 (ten). Notary Supervision by the Notary Supervisory Council is based on Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number: M.02.PR.08.10 of 2004, Ministerial Decree Law and Human Rights of the Republic of Indonesia Number M.39-PW.07.10. 2004 and the role of the Regional Supervisory Board includes preventive purposes, namely reflecting on the position of the Notary Ethics Code in order to provide material related to the implementation of the position of Notary, participating in seminars, and checking Notary protocols.
Islamic Religious Brand Community Support Practices in Encouraging Creativity Values in The Religiocentric Market of Thailand Ritto, Daee; Sudarti, Ken
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39365

Abstract

The practice of supporting the Islamic Religious Brand Community in Encouraging Creativity Values in Thailand's Religiocentric Market is one effort that is worth considering in online transactions considering that in the conditions of virtual transactions there are many product choices so that consumers will find it easy to get goods according to religious criteria, especially halal and non-halal products so that consumers can compare the type and value of products with others. Through this religious brand community, consumers create a bond based on shared values. For the religiocentric market, especially in Thailand, shared religious values become a strong glue and influence consumer purchasing decisions. Support from the religious community which can be in the form of Religious Support, Emotional Support and Informational Support is an antecedent variable that is considered to form Customer Ethical Perceptions and trust which ultimately leads to their willingness to be involved in creativity in the Thai Religious Market. The concept above is value co-creation, namely value creation that involves customers as active actors in creating the value of the goods themselves. This research uses explanatory research with a quantitative approach to analyze data and test it. The research aims to determine the relationship between two or more variables regarding Islamic Religious Brand Community Support Practices in Encouraging Creativity Values in Thailand's Religious Market. The results of this research show that there is a close relationship that is mutually sustainable and influences each other between Islamic Religious Brand Community Support Practices in Encouraging Creativity Values in the Thai Religious Market which causes an increase in the economic level and welfare of the community, both producers and consumers, especially seen from the perspective of the religious community in Thailand.
The Regional Supervisory Assembly’s Role in the Submission Delaying of the Notary Protocol by Heirs to Notary Recipient Protocol Indarta, Didiek Wahju; Damayanti, Miranda
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39464

Abstract

This study aims to analyze the role of the Regional Supervisory Council (MPD) in overseeing the submission of the notary protocol by the heirs to the protocol recipient notary, as well as the impact of the delay in submission. The research method applied in the preparation of this research is normative legal research. Normative legal research is a method that focuses on the study of positive law, namely the law that applies at a certain time and place. Notarial protocols are important documents that function as state archives and legal evidence. In this context, MPD has the responsibility to ensure that heirs fulfill their legal obligations in submitting notarial protocols on time. This research identifies various factors that cause delays in submission, including heirs' lack of awareness and knowledge, complicated administrative processes, as well as indifference to legal obligations. In addition, the research also revealed the negative impact of the absence of effective sanctions against late submission of protocols, which can result in legal uncertainty, losses for related parties, and a decrease in the integrity of the legal system. The results show that to improve the effectiveness of MPD supervision, socialization efforts, strengthening regulations, and enforcement of clear sanctions are needed. Thus, this study provides recommendations to improve the notary protocol submission mechanism and increase heirs' compliance with their legal obligations.
Legal Protection of Children as Perpetrators & Victims of Bullying (Analysis of Restorative Justice Application for Minors in North Sumatra Police) Nasution, Abdul Halim
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.38821

Abstract

This article is entitled Legal Protection of Children as Perpetrators and Victims of Bullying (Analysis of the Application of Restorative Justice for Minors in the North Sumatra Regional Police). Bullying is a serious problem that has a negative impact on the development of children, both as perpetrators and victims. Legal protection of children in the context of bullying is essential to ensure their rights are protected and to prevent long-term adverse impacts. This research aims to examine the legal protection provided to children as perpetrators and victims of bullying in Indonesia according to the Child Protection Law. The problem formulation of this research: 1. How is the process of criminal bullying of minors in its application in North Sumatra olda? 2. How is the application of the Law on criminal acts of bullying minors according to Law No. 11 of 2012 concerning the Child Criminal Justice System? 3. How is the legal protection of children as perpetrators and victims of bulling effectively implemented? The methodology used is qualitative research involving literature review and analysis of legal documents, including Law No. 35 of 2014 concerning Child Protection, as well as other relevant regulations and policies. In addition, in-depth interviews were conducted with various relevant parties, including law enforcement, educators and child protection experts. The data were thematically analyzed to identify key patterns in the legal protection of children related to bullying.The results showed that the Child Protection Law has provided a strong legal basis to protect children from bullying, both as perpetrators and victims. However, implementation and law enforcement still need to be improved. A holistic approach involving various parties, including families, schools and the government, is needed to create a safe and supportive environment for children. This research recommends increasing legal awareness, training for law enforcers, as well as strengthening the role of educational institutions in preventing and handling bullying. 
Juridical Review of Delayed Share Acquisition Notification Damaging PT. Sinar Mitra Compensated by PT. Orix Pakpahan, Elvira Fitriyani; Tanjaya, Willy; Azharuddin, Azharuddin; Affendy, Albert Ben
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39278

Abstract

The purpose of this examination is to determine the principle of legal remedies for the decision of the Business Competition Supervisory Commission (KPPU) through a follow-up examination based on the Law on Refusal Procedures. This research case study uses the principle of justice in legal efforts to challenge the KPPU's decision. The data analysis method used in this study is a normative legal analysis method that compares norms. The normative legal method is used to explain the data that defines the legal norms contained in the legislation. The results of the data analysis of this study indicate the neglect of the principle of justice in judicial efforts against the KPPU's decision. In carrying out the burden of proof, if the parties are unable to provide actual evidence, it can cause inconsistency, but if the judge determines that it is not clear, the KPPU will provide evidence through additional examination of the judge's order. added and integrated. As a result, the resistance applicant was unable to strengthen his defense because he could not provide new evidence that could acquit the applicant.
Analysis of Patent Troll Schemes and Their Arrangements in Indonesia Adisena, Arya Hidayat; Busro, Achmad; Priyono, Ery Agus
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.38346

Abstract

The purpose of this paper is to discuss patent trolls, analyse Indonesia's regulation of patent trolls, and raise awareness of patent trolls. This research uses normative legal research methods. Normative research is conducted by examining literature data. The data is analysed using qualitative methods and presented descriptively. The conclusions drawn from this research are (1) the main problem in enforcing the law against patent trolls is the difficulty in identifying the perpetrators, who cannot be recognised solely through their identity; (2) the changes to the definition of patent enforcement in Law 6/2023 complicate this identification more than the previous rules.
Assessing Cohabitation from the Perspective of Living Law, the Criminal Code and the National Criminal Code Kartono, Kartono; Suhendar, Suhendar
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39742

Abstract

Cohabitation living together as husband and wife without being officially married is a social phenomenon that is increasingly common in Indonesia. This phenomenon raises various pros and cons, especially from a legal and moral perspective. The aim of this research is to analyze the perspective of living law, the Criminal Code and the national Criminal Code. This research uses normative juridical research methods. The data collection technique used in this research is literature study. The data analysis technique used in this research is qualitative data analysis. The research results show that from a living law perspective in several areas, cohabitation is considered a normal practice and does not need to be punished. On the other hand, cohabitation is also seen as an act that violates norms and customs in several other regions. Meanwhile, from the perspective of the old Criminal Code, living together was not strictly regulated, but there were several articles that could be linked to behavior that was considered to violate moral norms. Meanwhile, the National Criminal Code brings several important changes, one of which is more detailed living arrangements. This reflects a stricter legal approach to cohabitation, potentially providing criminal sanctions for behavior that was not previously explicitly regulated.
Women’s Rights and Law Enforcement: A Family Law Perspective in Addressing Forced Marriage Fauzia, Ana; Hamdani, Fathul; Nasution, Aulia Rosa
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.26706

Abstract

Forced marriages are frequent in Indonesia for several reasons, including economics and culture. In reality, practically all South Asian countries have the same problem, with poverty and tribal animosity frequently being used to force certain adolescents to marry. The purpose of this study is to examine women’s rights in the context of family law in avoiding forced marriage, as well as to examine law enforcement against forced marriage from a family law viewpoint. This research uses normative legal methods with statutory, conceptual, case, and comparative approaches. The findings reveal that respect for and implementation of women’s rights have been included in various legal instruments, both at the international and state levels. The protection of women’s rights is critical for achieving substantive justice and avoiding forced marriage. However, the combination of social, cultural, and legal concerns continues to challenge law enforcement. As a result, a family consultancy institution in partnership with the judiciary is required, similar to Australia, which has a Family Court to address instances such as forced marriage. With consultants who understand family matters and are experts in their fields, the settlement of cases of forced marriage through non-litigation is expected to be more effective, where the results of the decision can be determined by the court, as is the practice in Australia.
Legal Reconstruction of Land Ownership Restrictions on Business Use Rights to Plantation Companies Reviewed from the Perspective of Social Justice Rahim, Abd.; Eddy, Triono; Nadhirah, Ida
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39198

Abstract

This study discusses the legal reconstruction related to the restriction of land ownership of the Right to Use (HGU) by plantation companies from the perspective of social justice. The concentration of land ownership by large corporations often results in injustice for local communities and small farmers. The study aims to identify key issues in current HGU regulation and propose legal measures that can support a more equitable distribution of land as well as the recognition of the rights of indigenous and local peoples. The research method used is a normative study with a legislative approach and public policy analysis. The data used includes laws and regulations, academic literature, and reports from various related institutions. The results of the study show that it is necessary to limit the maximum area of HGU that can be owned by plantation companies, accelerate the agrarian reform program, and increase transparency and public participation in the process of granting HGU. In addition, stricter supervision and effective law enforcement are also very important to prevent abuse of business use rights. This study concludes that legal reconstruction that prioritizes the principle of social justice can reduce the land ownership gap and improve community welfare. The recommendations submitted are expected to be the basis for policymakers in formulating fairer and more sustainable regulations in the agrarian sector.Keywords: Land; Ulayat; Use; Effort.

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