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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 27 Documents
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Search results for , issue "Vol 11, No 4 (2024): December 2024" : 27 Documents clear
The Urgency of Notary Deed in Supporting Sustainable Economic Growth in Riau Abdillah, Satrio; Sundari, Eva
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.39383

Abstract

This research aims to investigate and analyze the creation of a conducive business climate using notary deed in Riau. The results show that notary deed play a central role in creating a stable and attractive business environment for sustainable economic growth through interviews and documentation, including maximizing Nvivo 12 Plus analysis for data coding. In this context, business transactions become legally valid with notary deed to increase confidence in investing and conducting business. Even though the concept is essential in increasing legal certainty and creating a conducive business climate, several challenges are faced in the implementation, including awareness and education, cost and time, bureaucratic processes, and changing regulations.
The Legal Protection for The Use of A Notary's Right of Refusal in Investigations Irda Nur Khumaeroh; Agus Prasetia Wiranto; M. Rizal Bagaskoro
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.41370

Abstract

One of the responsibilities of a notary in carrying out his position in accordance with his obligations and promises of office is to keep everything about the deed he makes confidential. This writing, thus, aims to find out and analyze the procedures for using the rights and obligations of refusal by notaries in investigative examinations and the forms of legal protection for notaries who are examined in the criminal justice process. This research employed normative legal research methods emphasizing document study or library research. A normative juridical approach was carried out by reviewing and studying library materials in the form of statutory regulations relating to the problem under study. The notary's right of refusal applies relatively in the sense that if there are more specific rules that invalidate the right of refusal, the notary cannot exercise his right of refusal. The form of legal protection for notaries who are examined in the criminal justice process is contained in the UUJN (Act on Notary Position), in Article 66, stating that in carrying out a summons, law enforcement officials must request permission from the Notary Honorary Council. Legal protection, according to the Notary Honorary Council, is to supervise and inspect notaries so that they continue to walk the right path in accordance with the law; when a notary is summoned in a criminal case, the Notary Honorary Council has the authority to allow it to be examined or not.
The Law of Bribery in the Judiciary: A Comparative Analysis of the Opinions of Yusuf Qardhawi and Asy-Syaukani Marpaung, Aripin
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40686

Abstract

This research focuses on the principle of justice in Islamic law, which is seen as the main foundation for the entire sharia legal system, especially in the context of bribery cases in upholding rights and eliminating injustice. The main objective of this research is to understand the limitations and exceptions related to the law of bribery according to the views of two major scholars, Yusuf al-Qaradawi and Asy-Syaukani, and how the concept of maqasid sharia (the purpose of sharia) is applied in emergency situations that allow the permissibility of bribery. The research method used is a comparative analysis between the two views, by exploring the background of the arguments and the underlying context of Islamic law. The results show that Yusuf al-Qaradawi permits bribery in urgent emergencies, especially when it is the only way to defend a neglected right or eliminate injustice, after all legitimate efforts allowed by religion have been taken. In contrast, Asy-Syaukani forbids bribery absolutely without exception, based on the generality of the hadith that forbids the practice of bribery. In this comparison, Asy-Syaukani's view is considered stronger in terms of evidence, but in the current context, Yusuf al-Qaradawi's view is considered more relevant to the conditions in Indonesia, where bribery is sometimes used as a way to defend rights in urgent situations.The conclusion of this study confirms that the maqasid principle of sharia, which includes the fulfillment of emergency needs (dharuriyyat), general needs (hajiyyat), and refinement (tahsiniyyat), can be the basis for the permissibility of bribery under certain conditions. The legal consequences of bribery in order to defend rights are imposed on the recipient of the bribe and its intermediaries, while the bribe giver is not subject to sanctions because the aim is to claim legitimate rights.
Challenging The Form of Responsibility in Drug Policies That Adversely Affect Consumers: Causality Theory As An Analytical Lens Yuyut Prayuti
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.39807

Abstract

It becomes a real polemic when a drug intended for health development to support national development actually becomes a serious threat to health itself. The purpose of this study is to answer the issue of responsibility for drugs that cause adverse effects on consumers. This research uses normative juridical method. In this research, it is found that the constitution has massively regulated the relationship that implies responsibility in terms of drugs that cause adverse effects to consumers. Based on the theory of causality, in addition to pharmaceutical companies that can be charged with absolute liability in accordance with the provisions of Article 19 of the Consumer Protection Law, the Food and Drug Supervisory Agency (BPOM) can also be blamed, especially if the elements of abuse of duty and negligence are met based on Presidential Regulation No. 80 of 2017 concerning BPOM.
Bridging Legal Gaps: Harmonizing the Roles of BPBD, Bakesbangpol, and Bakorwil in Regional Governance Permadi Setyonagoro; Himawan Estu Bagijo; Slamet Hari Sutanto; Yudiyanto Tri Kurniawan; Sonya Claudia Siwu
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40634

Abstract

 Good regulations are harmonious laws. Disharmony of laws and regulations gives rise to complex legal issues, at least problematic in the context of fulfilling the objectives of legal uncertainty. One of the dis harmonizations of existing regulations is the regulation regarding the existence of regional institutions in the form of bodies. By using a normative legal study method, this study found that there is a disharmonious form of regulatory material regarding the duties and functions of several regional apparatuses in the form of bodies in Indonesia. There are three regional apparatuses in the form of bodies that have different duties and functions as regulated in Law Number 23 of 2014 concerning Regional Government and Government Regulation Number 18 of 2016 concerning Regional Apparatus, namely Regional Disaster Management Agency (BPPD), the National and Political Unity Agency (Bakesbangpol), and the East Java Province Regional Government and Development Coordinating Agency (Bakorwil). Findings of disharmony in regulatory matters like this have caused several regional government regulations in Indonesia to lack legal certainty. For this reason, it is important to immediately carry out efforts to harmonize the laws and regulations that regulate the duties and functions of regional apparatus in the form of bodies.
Termination Analysis of Cooperation Agreement between Bekasi City Government & PT. Kitita Alami Propertindo on the Revitalization & Management of Pondok Gede Market Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40809

Abstract

The termination of the cooperation agreement between the Bekasi City Government and PT. Kitita Alami Propertindo regarding the revitalization and management of Pondok Gede Market has attracted attention because it involves public interest and complex regulations. This study aims to legally analyze the aspects underlying the unilateral termination of the agreement by the Bekasi City Government due to default by PT. Kitita Alami Propertindo. The research method used is a normative legal approach, which examines the legal aspects of the cooperation agreement with a focus on default and legal procedures for terminating the agreement. The results of the study indicate that the agreement can be unilaterally terminated by the government based on default, but there are legal risks that need to be considered, especially in fulfilling the rights of third parties. In conclusion, the termination of the cooperation agreement in this legal context has implications for both parties, and requires the application of strict rules in resolving contract disputes.
Legal Protection for Land Owners Whose Land is Illegally Certified Through Land Registration Lulus Purna Malintang
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.41665

Abstract

This paper analyzes the validity of land registration based on informal land sale and purchase agreements and the legal protection for landowners whose land has been unlawfully registered. The study employs a normative juridical research method. Informal land sale and purchase refers to transactions involving a parcel of land conducted without involving an authorized official as required by law. Such transactions are characterized as agreements between the seller and buyer, evidenced by a deed not prepared by a Land Deed Official (PPAT), with its evidentiary strength relying on mutual acknowledgment and documentation provided by the parties. Land registration based on informal land sale and purchase agreements is invalid as it does not comply with Article 37 paragraph (1) of Government Regulation Number 24 of 1997 on Land Registration, nor does it fulfill the principles of clarity and immediacy, the legal requirements of agreements, or the material and formal conditions for land sale and purchase. Landowners who suffer losses due to the unlawful issuance of land certificates may file a claim for unlawful acts under Article 1365 of the Indonesian Civil Code, seek the cancellation of rights due to administrative defects from the Minister or Head of the Land Office, and file a cancellation claim through the Administrative Court (PTUN).
The Legal Protection for Consumers in the Digital Economy Era in Facing Challenges and Opportunities Iskandar, Eka Ardianto; Nugraha, Roby Satya
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40873

Abstract

This research aims to examine the legal aspects of regulating the digital economy in Indonesia, analyze the challenges faced, and identify opportunities that can be utilized to strengthen the existing legal framework. The digital economy in Indonesia is growing rapidly along with advances in information and communication technology. However, this development presents significant legal challenges, ranging from personal data protection, cyber security, to E-commerce and fintech regulations. The research method used is normative juridical analysis with a statutory approach and case studies. The research results and findings show that although there are several regulations governing the digital economy, there are still legal gaps and uncertainties that require further attention from policy makers. This research recommends strengthening regulations and increasing the capacity of law enforcement in dealing with the dynamics of the digital economy.
Ruislag Procedure of Waqf Land Affected by National Strategic Projects in the Perspective of State Administrative Law Tatang Astarudin
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40059

Abstract

Waqf land plays an important legal and social role in Indonesia, particularly to support religious activities and public welfare. Under Law No. 41 of 2004 on Waqf, waqf land may not be transferred except through exchange or ruislag procedures under certain conditions. In the context of National Strategic Projects (PSN), waqf land is often affected, making it important to ensure that ruislag procedures remain legally compliant. This research aims to explore the ruislag procedure of waqf land in PSN and evaluate its application to identify improvements in state administrative law. This research utilises the normative juridical method. The research found that the ruislag process of waqf land affected by National Strategic Projects (PSN) requires strong coordination between the Indonesian Waqf Board, the Ministry of Religious Affairs, and other relevant institutions. It is important to ensure that the replacement land has equal or better value, in accordance with sharia principles and applicable laws. Active participation of beneficiary communities is essential to maintain transparency and public trust.
Navigating Legal Transformation: Challenges and Prospects of Cybernotary in Enhancing Public Service Efficiency in Indonesia Lestari, Sulistyani Eka; Thoif, Mokh; Widodo, Teguh Endi; Minan, Minan
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40781

Abstract

The concept of cybernotary represents a transformative shift in the notary's role in the digital era, utilizing technology to enhance the efficiency and accessibility of legal services in Indonesia. While cyber notary holds potential for supporting the digitalization of notarial services and meeting the demands of modern society, its implementation in Indonesia encounters significant challenges, particularly in regulatory alignment and limited digital infrastructure. This study aims to provide a deeper understanding of how cyber notary supports the transformation of public services, making them faster, more efficient, and transparent, as well as to identify obstacles that must be overcome to achieve optimal implementation within state institutions. This research employs a qualitative approach, aimed at uncovering an in-depth understanding of e-Notarization's role in strengthening the digitalization process and enhancing the effectiveness of public services by state institutions. From a regulatory perspective, although there is a legal basis permitting electronic transactions, adequate technical and operational guidelines are still lacking to ensure smooth implementation. These challenges are particularly apparent in provisions requiring physical presence for the validation of signatures and fingerprints, which restrict the flexibility of notaries in serving the public digitally. As a result, these regulations constitute a principal barrier to the goals of cyber notary in delivering faster, more efficient, and more accessible legal services.

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