cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
jurnalakta@unissula.ac.id
Editorial Address
Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
Location
Kota semarang,
Jawa tengah
INDONESIA
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
Arjuna Subject : -
Articles 19 Documents
 1   2 
Search results for , issue "Vol 12, No 3 (2025): September 2025" : 19 Documents clear
Diploma Withholding by Companies in the Perspective of Constitutional Rights to Education and Employment : A Case Study in Surabaya Syaidi, Ridwan
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.44950

Abstract

This study examines the practice of diploma withholding by companies in Indonesia from the perspective of constitutional rights to education and employment. Diploma withholding, often imposed as a means of ensuring employee compliance, raises fundamental legal issues as it involves the misuse of personal documents containing private data and potentially violates workers’ constitutional rights guaranteed under Article 28D paragraph (2) and Article 31 of the 1945 Constitution. Using a qualitative normative legal research method with statutory and case approach, this study analyzes the legal implications of such practices in relation to labor law, the Law on Personal Data Protection, and constitutional guarantees. The findings show that diploma withholding not only undermines legal certainty and fair treatment in employment relations but also contradicts the principle of human dignity protected under constitutional law. The study concludes that diploma withholding should be considered a violation of constitutional rights, requiring stronger regulatory enforcement and constitutional awareness by both state authorities and corporate actors.
The Prosecution Independence in the Resolution of Inheritance Legal Disputes Involving State Assets or Public Interests Rasidi, Rasidi; Febrian, Febrian; RS, Iza Rumesten
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.45842

Abstract

The independence of the prosecutor's office is crucial in resolving inheritance law disputes involving state assets or public interest, in order to prevent abuse of authority and potential state losses. Prosecutors often face external pressure when handling strategic inheritance cases that concern public interest. Therefore, this study aims to analyze the extent to which prosecutorial independence is maintained and how its role can be optimized in resolving inheritance disputes with broad impacts. This research is a normative legal study that seeks to identify legal rules, principles, and doctrines through literature review to address the legal issues examined. The research was prescriptive and explanatory in nature, providing systematic and comprehensive explanations and solutions to the legal issues. The approaches used include statutory, conceptual, comparative, and futuristic approaches, with secondary data collected through library research and analyzed qualitatively using a deductive reasoning method. The results show that the independence of the prosecutor's office in resolving inheritance disputes involving state assets or public interest is not yet fully ensured due to external intervention and pressure. The absence of technical guidelines and limited interagency coordination hinder the prosecutor's office from optimally protecting the interests of the state.
Legal Construction of E-Notary Based on Discretionary Authority of Notaries Utomo, Hatta Isnaini Wahyu
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.45270

Abstract

In the 5.0 era, which is supported by the birth of new habits after the Covid-19 pandemic, which has accustomed people to activities using cyber technology. makes demands on Notaries to be able to adapt their services in making authentic deeds using cyber technology or what is known as e-Notary. Currently, e-Notary is difficult to implement because it is considered that there is no legal basis. This research analyzes the legal construction of the application of e-Notary based on the discretionary authority of the Notary and the application of e-Notary in context Ius Constitutum. This research is normative legal research using a statutory approach and a conceptual approach. The research results show that Notaries are part of public services. A notary is an official who carries out government functions to meet the needs of the public who need authentic deeds. Notaries are Government Officials so Notaries can use their Discretionary authority to carry out e-Notary. e-Notary can be implemented at this time by reinterpreting the provisions of Article 1868 of the Civil Code and the procedures for making authentic deeds as regulated in the Notary Position Law. The implementation of e-notary represents an adaption of the notary role in the digital age. The advantageous aspect of e-notary implementation is the convenience it offers the public in engaging with a notary for the creation of authentic deeds.
Legal Culture in Protecting Batik Motif Intellectual Property: Indonesia-Malaysia Small Business Comparison Mulyani, Sri; Kusumaningrum, Anggraeni Endah; Sukmariningsih, Retno Mawarini; Ahamad, Haniff
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.47804

Abstract

Batik, as a national creation, is not only owned by Indonesia but also Malaysia with its own characteristics, giving rise to the need to protect the intellectual property of batik motifs amidst the potential for its preservation. The purpose of this study is to determine and compare the legal culture of small business actors in protecting innovative intellectual property batik motifs in Malaysia and Indonesia. The research method uses a comparative study with data collection through field observations in international community service programs, focus group discussions, question and answer discussions with batik artisans, direct visits to the Selangor Craft Industry Malaysia, and interviews with small business actors at workshop locations. The main findings indicate that the legal culture in Selangor Malaysia and Indonesia tends to not register copyrighted works of batik motifs, hampered by economic factors. The conclusion of the study underscores the importance of intellectual property legal protection to prevent preservation, with the formation of a strong legal culture can increase innovation, competitiveness, and income opportunities through licensing.
Transparency and Reform of Music Royalty Distribution in Indonesia, Australia, and the United States Jayanti, Ni Putu Nita Anggrelia; Mahadewi, Kadek Julia
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.48499

Abstract

The protection of economic rights for songwriters and musicians in Indonesia is regulated under Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on royalty management. However, implementation through the National Collective Management Institution (LMKN) still suffers from weak transparency, accountability, and data integration. This study analyzes the transparency of Indonesia’s royalty distribution system, compares it with practices in Australia and the United States, and proposes reform strategies. Using a normative legal research method with statute, conceptual, and comparative approaches, this research examines primary legal sources, academic works, and institutional reports. The findings reveal Indonesia lacks an integrated database, detailed audits, and independent supervision, causing legal uncertainty and eroding creators’ trust. By contrast, Australia’s APRA AMCOS and the U.S. system through ASCAP, BMI, SESAC, and the Mechanical Licensing Collective (MLC) offer greater transparency via digital monitoring, open annual reports, and strict regulatory oversight. These mechanisms enable creators to trace royalty flows and secure fair compensation. The study concludes that Indonesia requires comprehensive reform through digitalization, a national database, transparent reporting, and stronger independent monitoring to achieve a fair and accountable royalty distribution system.
The Legal Status of Lineage and Inheritance Rights of Children Conceived After the Father’s Death (Posthumous Conception) in Islamic Jurisprudence Aiman, Lajuba; Mahadewi, Kadek Julia
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.48516

Abstract

The advancement of assisted reproductive technology (ART) has raised new challenges in Islamic jurisprudence, particularly concerning lineage (nasab) and inheritance rights. One of the most complex bioethical and legal issues is posthumous conception, where a child is conceived after the father death using stored sperm or embryos. Classical Islamic law recognizes lineage only within a valid marriage (al firasy), which terminates upon the husband death, thus, posthumous conception questions the legitimacy of paternal lineage and inheritance. This study analyzes the legal position of such children under Islamic jurisprudence using a normative comparative method. It examines primary Islamic legal sources the Quran, Hadith, classical juristic opinions, and contemporary fatwas from institutions such as the OIC Fiqh Academy and Dar al Ifta al Misriyyah through the lens of maqasid al syariah. The findings confirm that posthumously conceived children cannot be attributed paternally because the marital bond has legally ended. Consequently, they are not entitled to inheritance under faraidh since they were not alive at the father death. Nevertheless, based on principles of justice (adl) and protection of lineage and wealth (hifz al nasl wa al mal), such children deserve moral and financial protection through non-inheritance mechanisms such as hibah or wasiat wajibah. The study concludes that Islamic law must adapt to biomedical developments while maintaining its core principles of lineage clarity, social justice, and compassion. This reinterpretation within the framework of maqasid al syariah ensures that Islamic family law remains just, humane, and responsive to modern ethical challenges
Justice in Property Distribution: Comparing Islamic and Bilateral Inheritance Law Huda, Miftakhul; Nasrulloh, Nasrulloh; Anam, Khoirul; Rahim, Abdul; Ahyani, Hisam
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.39953

Abstract

This study examines the application of bilateral inheritance law in Indonesia in relation to Islamic inheritance principles and assesses justice in property distribution. Bilateral inheritance grants equal rights to all heirs regardless of gender, while Islamic law provides specific rules for fair distribution. Using a qualitative case study approach, data were collected through interviews with Islamic law experts, legal practitioners, and local community members, as well as analysis of relevant cases. The findings reveal that the application of bilateral inheritance often conflicts with Islamic justice principles, such as excluding deceased parents’ rights or favoring children from second marriages over the first. These inconsistencies reflect tension between local customs seeking equality and Islamic law requiring proportional fairness. The study recommends harmonizing customary and Islamic inheritance laws to improve justice in property distribution. This research contributes new insights into the challenges of integrating customary practices with Islamic legal principles in Indonesia’s inheritance system. The findings can support policymakers, legal practitioners, and communities in developing fairer inheritance practices that respect both traditions and Islamic jurisprudence.
Augmented Reality Evidence: A Study of The Validity of Virtual Evidence in Islamic Courts Luthfi, Fuad
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.48619

Abstract

his study examines the validity of Augmented Reality (AR) Evidence as a new form of evidence in the Islamic judicial system. The development of digital technology, particularly AR and Virtual Reality (VR), has presented new challenges and opportunities in the practice of evidence in court. The main objective of this study is to analyze whether AR-based virtual reconstructions can be recognized as valid evidence under Islamic law, and how their application is in line with the principles of fiqh al qadha and maqashid al syariah. The method used is normative-legal research (doctrinal legal research) with three main approaches: (1) the fiqh al qadha approach to examine the procedural norms of Islamic courts; (2) the maqashid al syariah approach with a focus on justice, protection of rights, and prevention of harm; and (3) a comparative approach, namely comparing modern regulations on e-litigation and electronic evidence with the perspective of classical Islamic law. Primary sources include the Qur'an, Hadith, and the works of classical scholars such as al Mawardi, Ibn al Qayyim, and al Sarakhsi, in addition to contemporary religious court decisions. Secondary sources include Islamic law journals, AR/VR literature, and regulations related to electronic evidence. The results of the study show that AR Evidence cannot be positioned as bayyinah (primary evidence), but rather as qarinah (supporting evidence) that strengthens other evidence. The acceptance of AR Evidence requires strict regulations and authentication mechanisms to prevent technological manipulation, including the potential for deepfakes. Furthermore, placing AR Evidence within the framework of maqashid al syariah will ensure that its use supports justice and protects the rights of the parties. The contribution of this research lies in the novelty of the idea of positioning AR technology in the discourse of Islamic judicial evidence, thus opening up space for the development of fiqh al qadha that is responsive to digital disruption.
Analysis of Moral Rights and Economic Rights of Songwriters in Cases of Unauthorized Use of Songs Fathanudien, Anthon
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.48528

Abstract

This study aims to analyze the legal liability for violations of moral and economic rights of songwriters from the perspective of intellectual property law and civil law in Indonesia. Copyright infringements of songs—such as unauthorized use, reproduction, and omission of the songwriter’s name—still frequently occur across various social media platforms, entertainment venues, and commercial activities. This research employs a normative juridical (doctrinal) method with a statutory approach and a case approach. The data sources consist of primary legal materials (Law No. 28 of 2014 on Copyright and the Indonesian Civil Code), secondary legal materials (literature, journals, and court decisions), and tertiary legal materials. The findings indicate that song copyright infringement can be categorized as an unlawful act (onrechtmatige daad) under Article 1365 of the Indonesian Civil Code, which gives rise to obligations for compensation, cessation of infringement, and restoration of the songwriter’s reputation. In its enforcement, the Directorate General of Intellectual Property (DJKI) and Collective Management Organizations (LMK) play crucial roles in protecting economic rights and resolving disputes through mediation or civil litigation in the Commercial Court. Thus, this study affirms that intellectual property law and civil law have a synergistic relationship, both serving to provide legal protection, certainty, and justice (rechtszekerheid, gerechtigheid, en doelmatigheid) for songwriters in Indonesia.

Page 2 of 2 | Total Record : 19

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 12, No 4 (2025): December 2025 Vol 12, No 3 (2025): September 2025 Vol 12, No 2 (2025): June 2025 Vol 12, No 1 (2025): March 2025 Vol 11, No 4 (2024): December 2024 Vol 11, No 3 (2024): September 2024 Vol 11, No 2 (2024): June 2024 Vol 11, No 1 (2024): March 2024 Vol 10, No 4 (2023): December 2023 Vol 10, No 3 (2023): September 2023 Vol 10, No 2 (2023): June 2023 Vol 10, No 1 (2023): March 2023 Vol 9, No 4 (2022): December 2022 Vol 9, No 3 (2022): September 2022 Vol 9, No 2 (2022): June 2022 Vol 9, No 1 (2022): March 2022 Vol 8, No 4 (2021): December 2021 Vol 8, No 3 (2021): September 2021 Vol 8, No 2 (2021): June 2021 Vol 8, No 1 (2021): March 2021 Vol 7, No 4 (2020): December 2020 Vol 7, No 3 (2020): September 2020 Vol 7, No 2 (2020): June 2020 Vol 7, No 1 (2020): March 2020 Vol 6, No 4 (2019): December 2019 Vol 6, No 3 (2019): September 2019 Vol 6, No 2 (2019): June 2019 Vol 6, No 1 (2019): March 2019 Vol 5, No 4 (2018): December 2018 Vol 5, No 3 (2018): September 2018 Vol 5, No 2 (2018): June 2018 Vol 5, No 1 (2018): March 2018 Vol 4, No 4 (2017): December 2017 Vol 4, No 3 (2017) Vol 4, No 2 (2017) Vol 4, No 1 (2017) Vol 3, No 4 (2016) More Issue