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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 12, No 1 (2025): March 2025" : 27 Documents clear
Absorption of Islamic Law in National Law: Analysis of Law No. 1 of 1974 and KHI on Marriage Habibi Siregar, Awaluddin; Yamamah, Ansari; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43811

Abstract

The absorption of Islamic law into national law in Indonesia is the result of a compromise between sharia principles and the prevailing positive legal system. One form of this is Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), which regulates the legal aspects of marriage for Muslims. However, the implementation of these two regulations in various regions show variations, especially in determining the rights and obligations of husband and wife, including in terms of joint property. Cultural diversity and different legal interpretations often affect the application of this law, so an in-depth analysis is needed regarding the extent to which Islamic law has been absorbed into national law. This study aims to examine the implementation of Law No. 1 of 1974 and KHI in the context of Islamic marriage law, with a focus on the dynamics of the application of joint property. This study uses a qualitative method with a statute approach, a case approach, a comparative approach, and a conceptual approach. The results of the study show that although Islamic law has been accommodated in the national legal system, its application still faces challenges, especially related to differences in interpretation by judges and the community in judicial practice. In addition, social and cultural factors also influence the implementation of provisions regarding joint property in marriage. In conclusion, although Law No. 1 of 1974 and the KHI have adopted the principles of Islamic law, harmonization and uniformity of application are still challenges that need further attention to create better legal certainty.
The Juridical Review on Payment Security and Protection of Authors' Rights in Journal Publication Adnan, Muhammad Ali; Sunarto, Atika; Khair, Azizan
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.42435

Abstract

Copyright is an exclusive right held by the creator over his/her work, whether in the form of scientific, literary, artistic, or technological works. In the context of publishing scientific journals, copyright relates to control over published scientific works, including distribution, reproduction, and royalty payments. Meanwhile, royalties are payments received by authors or creators in return for the use of their creative works, which are usually calculated based on the number of copies or accesses made to the work. The main objective of this study is to Legal Review of Payment Security and Protection of Authors' Rights in Journal Publication. The method used is a qualitative approach with an analysis of scientific journal publishing contracts and interviews with authors involved in the publication. The results of the study indicate significant inequality between publishers and authors in terms of the distribution of copyright and royalties. Many authors, especially in developing countries, do not receive fair compensation, even though their work provides great benefits to publishers. The practice of transferring copyright entirely to publishers and the lack of transparency in royalty reports are major factors that exacerbate this injustice. The conclusion of this study is that stricter and more transparent regulations are needed to ensure a fair distribution of royalties, as well as protection of authors' copyright. Open access models and merit-based payment systems are considered potential solutions to create a fairer ecosystem in scientific journal publishing. Authors are encouraged to gain more control over their work, while publishers need to provide transparent reporting on the use of the work and the distribution of royalties.
Restorative Justice in the Criminal Act of Rape (Analysis of the KUHP & Qanun Jinayat) Endra Wijaya, Septeddy; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43726

Abstract

The crime of rape is one of the serious violations of human rights that requires effective and fair legal handling. In Indonesia, the crime of rape is regulated in the Criminal Code (KUHP) which applies nationally, as well as the Qanun Jinayat in Aceh, as an implementation of Islamic law. This study aims to analyze existing regulations related to the crime of rape in Indonesia, and to explore the potential for the application of restorative justice in handling rape cases. This study uses a qualitative method with a descriptive approach, where the researcher acts as the main instrument in collecting and analyzing data. This approach aims to explore more deeply the differences in regulations between the Criminal Code and Qanun Jinayat, and to assess their impact on the legal process and the welfare of victims. The results of the study indicate that although both regulations are firm in providing sanctions for perpetrators of rape, there are still weaknesses in protecting victims, especially in terms of mental and social recovery. Therefore, the application of restorative justice is considered important to involve victims and perpetrators in a more humane resolution process, with the aim of restoring social balance and providing opportunities for victims to recover. This study concludes that there needs to be a reform in the justice system that pays more attention to aspects of justice for victims, by combining legal sanctions and a restorative approach.
Judge Freedom Versus Accountability on Oversight System and Ethics Enforcement Mechanism in Criminal Justice in Indonesia Pramono, Gunadi; Hidayatullah, Hidayatullah; Munawar, Akhmad
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.42391

Abstract

This study examines the delicate balance between judicial independence and accountability within Indonesia's criminal justice system, focusing on mechanisms of oversight and ethical enforcement. Judicial independence serves as a fundamental pillar in ensuring impartial court decisions; however, it necessitates a robust accountability system to prevent abuses of power and maintain public trust. Using a normative juridical method, this research analyzes the legal framework governing judicial oversight and ethics enforcement mechanisms. Findings suggest that while Indonesia has established institutions such as the Judicial Commission and the Supreme Court to oversee judicial conduct, their coordination remains suboptimal. The lack of enforcement power for the Judicial Commission often results in ethical violations not being adequately addressed. Additionally, judges frequently face external pressures, particularly in high-profile cases, which may compromise their independence. This study highlights key challenges, including structural limitations in the supervisory system, public and media influence on judicial decision-making, and insufficient transparency in ethical oversight. To strengthen judicial integrity, the research recommends enhancing the authority of the Judicial Commission, improving inter-institutional coordination, and increasing transparency in judicial accountability processes. These findings contribute to the ongoing discourse on legal reform in Indonesia and propose strategies to ensure a fairer and more accountable judiciary.
Restorative Justice Concept in Islam & Its Implementation in National Criminal Law from Islamic Legal Philosophy Fauzi, Rizky; Marpaung, Watni; Prasetya, Nurul Huda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43727

Abstract

The reform of Indonesia's national criminal law marks a paradigm shift from a retributive punishment system to a Restorative Justice approach that places greater emphasis on victim recovery, social reconciliation, and perpetrator rehabilitation. This principle has been accommodated in various regulations, such as Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, Prosecutor's Regulation No. 15 of 2020, and Article 54 of the new Criminal Code which allows for the consideration of restorative justice in judges' decisions. In Islamic criminal law, the concept of qisas-diyat and the dispute resolution mechanism based on islah (peace) show alignment with restorative justice. Caliph Umar bin Khattab is an example of the application of this approach in a socio-economic context, by postponing punishment for thieves due to starvation. This study uses a normative legal approach with a descriptive-analytical method and a review of maqasid sharia to examine the integration of restorative justice principles in national criminal law. The results of the study indicate that although restorative justice has a place in regulations, its implementation is still limited and faces normative and institutional challenges. Therefore, legislative reform is needed which includes the ratification of special laws, the integration of restorative justice principles in the Criminal Procedure Code Bill, and the expansion of the scope of cases that can be resolved through this mechanism. With a more systematic implementation, restorative justice can become an integral part of the criminal justice system in Indonesia, in line with the principles of Islamic law which emphasize the balance between justice, welfare, and social protection.
A Review of the Complete Systematic Land Registration (PTSL) Program and Its Accompanying Taxes Retno Kadarukmi, Maria Emelia
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43620

Abstract

In theory, the goal of land registration is to provide legal certainty to Indonesians. The government, through the Ministry of ATR, is actively conducting the first round of land registration under the Complete Systematic Land Registration Program (PTSL). Land registration can be carried out systematically or sporadically. However, after the issuance of land rights certificates, the community faced issues and uncertainty during the PTSL implementation. This was due to the lack of socialization regarding the PTSL program and unclear regulations concerning the due dates for BPHTB and income tax obligations. To achieve legal certainty regarding land rights, this research aims to examine the implementation of the PTSL program in relation to the collection of BPHTB and income tax. The research employs a normative juridical methodology. The findings, which include opinions and recommendations, suggest that while the execution of the PTSL program provides some legal clarity about the community's land rights status, it also causes confusion among the community regarding the responsibilities for income tax and BPHTB. This is because the community has already been exposed to propaganda from the Government that the first land registration through the PTSL program is free. Suggestions to the Government to immediately make regulations to regulate BPHTB and Income Tax and provide tax relief by imposing a zero percent rate.
Criminal Punishment in The Concept of Non-Conviction based on Asset Forfeiture (Analysis of Islamic Criminal Law) Rinaldi, Deby; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43728

Abstract

Criminalization within the concept of Non-Conviction Based Asset Forfeiture (NCBAF) plays a crucial role in efforts to combat corruption. This study aims to analyze the implementation of NCBAF in the context of Islamic criminal law, particularly regarding the confiscation of assets obtained from criminal acts without requiring the direct prosecution of perpetrators. This research employs a normative legal method (juridical normative) with a statute approach and a conceptual approach to examine the legal basis, effectiveness, and challenges of NCBAF. The findings reveal that NCBAF offers substantial advantages over conventional criminal justice systems, as it enables the recovery of unlawfully acquired assets without the need for a lengthy trial process. This approach accelerates asset recovery, reduces the risk of legal loopholes exploited by corrupt individuals, and enhances the efficiency of anti-corruption efforts. In Indonesia, the adoption of NCBAF can significantly strengthen corruption eradication policies, provided that sufficient legal and institutional frameworks are in place. From an Islamic legal perspective, NCBAF aligns with fundamental principles of justice, accountability, and property protection. Islamic law upholds the prohibition of illicit wealth and mandates the restitution of unlawfully obtained assets to rightful owners or the public interest. Therefore, the application of NCBAF is not only legally justified but also ethically and religiously endorsed within Islamic jurisprudence. By integrating NCBAF into anti-corruption strategies, Indonesia can reinforce its commitment to justice and economic integrity while ensuring the protection of state assets from illicit enrichment.
The Evaluating Land Regulation Challenges in Mitigating Gentrification: Insights from Bali's Mass Tourism Impact Yudiantika, Kadek Agus; Prasada, Dewa Krisna
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43449

Abstract

Gentrification is a complex socio-economic phenomenon that often occurs in tourism areas, where areas previously inhabited by lower-class residents are transformed into more prosperous neighborhoods. In Bali, significant tourism growth, with more than 5.5 million foreign tourists, has driven demand for land and property, especially from wealthy investors and foreigners. This has led to a surge in property prices that are unaffordable for locals, who on average have an income of around Rp 3.5 million per month. Drastic increases in land prices, especially in regions such as Canggu and Ubud, have resulted in the marginalization of local communities and the eviction of indigenous peoples, while also highlighting the growing gap between the rich and the poor. This study aims to explore the relationship between inadequate land regulation and the gentrification phenomenon triggered by mass tourism in Bali. Using socio-legal methods, this study analyzes primary and secondary data, including national regulations and legal literature. The results show that gaps in land regulation, such as the use of nominee agreements and lack of oversight of land ownership by foreign investors, exacerbate gentrification. Therefore, it is important to improve existing regulations by emphasizing the protection of the rights of local communities and the development of inclusive land-use policies. This study recommends the involvement of local communities in every stage of tourism development, as well as the enforcement of laws that limit foreign dominance in property ownership. As such, the principle of social justice should be the basis of tourism planning in Bali, ensuring that economic benefits are evenly distributed and supporting the cultural sustainability of local communities.
Errors That Can Be Tolerated in Criminal Court Decisions Using A Doctrinal Approach Harmless Error in Order to Carry Out The Principles of Justice Susilo, Erwin; Negara, Dharma Setiawan
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43629

Abstract

A fair criminal trial is a fundamental pillar of the justice system, ensuring that substantive justice prevails over mere procedural correctness. This article explores the essential elements of criminal verdicts, particularly legal considerations and judicial rulings, as outlined in Article 197 of the Indonesian Criminal Procedure Code (KUHAP). It further analyzes judicial errors through the doctrinal approach of harmless error. In judicial practice, errors in a judge's decision can be categorized into substantial (harmful error) and non-substantial (harmless error). Substantial errors directly affect the defendant’s rights or compromise the integrity of the trial, potentially leading to a miscarriage of justice. In contrast, non-substantial errors are procedural or administrative in nature, meaning they do not significantly impact substantive justice or alter the final outcome of the case. The harmless error doctrine, originating from common law jurisdictions, has been adopted in various legal systems, including Indonesia, to balance trial efficiency with the pursuit of material truth. This doctrine prevents the unnecessary annulment of verdicts due to minor, non-prejudicial errors that do not affect the essence of justice. By recognizing the distinction between procedural irregularities and substantive violations, courts can uphold fair trials while minimizing delays caused by technical challenges. This research underscores the necessity of a criminal justice system that is simple, swift, and cost-effective, in line with the principles of justice in Indonesia. An efficient legal framework that embraces the harmless error doctrine ensures that the judicial process remains fair without being unnecessarily rigid. Ultimately, the legal system must remain justice-oriented, prioritizing substantive fairness over procedural perfection to uphold the rule of law and protect individual rights. 
Transition of Acehnese Legal Culture Towards the Implementation of Qonun on Sharia Finance with Islamic Law Analysis Khairul Azhar, Khairul
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43808

Abstract

This study aims to analyze the transition of the legal culture of the Acehnese people towards the implementation of Qanun Number 11 of 2018 concerning Islamic Financial Institutions (LKS). The implementation of this qanun is an important step in realizing a sharia-based financial system in Aceh, which has a Muslim majority population. The research method used is an inductive approach in qualitative research with the type of empirical legal research or socio-legal research, which aims to understand how the law operates in society. The three main approaches in this study are analysis of community responses, inhibiting and supporting factors, and the influence of changes in legal culture on the implementation of this qanun. The results of the study show that the implementation of the LKS Qanun received a positive response from the Acehnese people, with significant changes in legal culture, where people began to shift from conventional bank transactions to Islamic financial institutions. Support for this qanun cannot be separated from political factors, the culture of a Muslim majority society, and clear legal substance. However, there are several challenges, such as rejection from some people who feel disadvantaged, as well as limited facilities and infrastructure that are not yet fully ready. However, the changes in legal culture that have occurred have contributed to positive economic growth and the welfare of the Acehnese people. The implementation of this qanun has succeeded in becoming part of the Indonesian economic legal system and has the potential to be adapted by other regions with similar cultures. Thus, it can be concluded that the implementation of the LKS Qanun has succeeded in providing a positive impact on changing the legal culture in Aceh.

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