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 41 Documents
 1   2   3   4   5 
Search results for , issue "Vol 12, No 4 (2025): December 2025" : 41 Documents clear
Setting Refund and Warranty Clauses Urgency in Electronic Agreements: Harmonization between Covenant Law & Consumer Protection Fatakh, Abdul
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47078

Abstract

The rapid growth of electronic transactions in the digital era has driven the transformation of conventional contract models into e-contracts based on digital and automated systems. However, this transformation poses serious challenges in terms of legal protection for consumers, particularly regarding refund and warranty clauses, which are often unilaterally drafted by businesses. The main issue addressed in this research is the lack of clarity in the substance of refund and product warranty clauses in electronic contracts, which contradicts the principles of contractual fairness and consumer protection. This study used a normative juridical method with statutory and comparative legal approaches, focusing on international practices, particularly in the European Union. The findings reveal a regulatory gap in Indonesia's positive law, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions, and the Indonesian Civil Code. The absence of minimum standards for refund and warranty clauses results in an imbalance of power between businesses and consumers and undermines legal certainty in digital transactions. Therefore, there is a need to harmonize the principle of freedom of contract with consumer protection through the establishment of regulations that govern standard clauses in a transparent, proportional, and fair manner. Such regulation is expected to resolve the dilemma between business efficiency and the fairness of legal protection, and to foster the development of a sustainable digital trade ecosystem.
Application of Development Law Theory in Overcoming Legal Voids Related to Land Ownership Restrictions in Indonesia Jaya, Febri; Sudirman, Lu; Tan, David
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.48622

Abstract

Considering that housing is a fundamental human need, the fulfillment of adequate housing constitutes a governmental responsibility. This aligns with the mandate of Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which guarantees a decent standard of living for all citizens. The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. Through a normative legal study, this research aims to examine the dimensions of the theory of developmental law and its application in addressing legal gaps concerning land ownership restrictions in Indonesia. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The findings indicate that the theory of developmental law serves as a highly relevant and appropriate theoretical framework to be further explored and applied in filling the existing legal vacuum related to the study’s object. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja.
The Urgency of Harmonizing Civil Inheritance Law with Digital Assets in the Indonesian Legal System Ali, Nur; Salikin, Adang Djumhur; Kosim, Kosim
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47286

Abstract

The development of digital technology has given rise to new types of non-physical wealth, such as cryptocurrency, e-wallets, social media accounts, and digital intellectual property. However, Indonesia's civil inheritance law system, which is based on the Burgerlijk Wetboek (Civil Code), does not explicitly regulate the status and mechanism of inheritance of such digital assets. The absence of specific regulations creates legal issues for heirs, ranging from difficulties in identification to obstacles in accessing the digital assets of the deceased. This study employs a normative and comparative legal approach by analyzing national legislation, inheritance practices in several countries such as the United States (RUFADAA), and theories of legal harmonization. The results of the study indicate that, conceptually, digital assets meet the criteria as legal objects that can be inherited because they have economic value and transferable ownership. However, the absence of explicit regulations in national law makes digital assets vulnerable to loss or improper distribution. Therefore, legal harmonization is an inevitability. Legal harmonization of inheritance regarding digital assets can be achieved through three main schemes. First, integrating digital assets into the list of inherited assets by explicitly including them in a will (testamentaire beschikking) or statement of assets. Second, establishing a mechanism for identifying and distributing digital assets involving notaries as legal actors and developing a national digital data system. Third, the formulation of technical regulations that grant legal access to heirs to the deceased's digital accounts and cryptocurrency wallets, accompanied by cross-border enforcement cooperation with global digital service providers. These three schemes are based on the principles of volledigheid van de nalatenschap, gerechtigheid (justice), and rechtszekerheid in Dutch law, and are in line with Nonet and Selznick's theory of responsive law, which encourages the adaptation of law to social and technological dynamics. The comprehensive reformulation of inheritance law provisions in the Civil Code is a strategic step in ensuring legal protection for heirs and addressing the challenges of digital inheritance in the information society era.
Innovation and Regulation: Legal Enablers and Challenges in Indonesia’s Digital Banking Lending Ecosystem Zefanya, Anastasia
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47190

Abstract

 This study aims to analyze the impact of the Financial Services Authority (OJK) Regulations No.  13/POJK.02/2018, No.  12/POJK.03/2021, and No.  10/POJK.05/2022 on banking participation in technology-enabled lending, in conjunction with the enactment of Law No.  27/2022 on Personal Data Protection and Law No.  4/2023 on the Development and Strengthening of the Financial Sector. The research employs a normative-juridical approach to examine the evolution and implementation of regulatory sandboxes, digital Know – Your – Customer (e-KYC) procedures, and AI-based credit scoring mechanisms. These elements are assessed in terms of their legal foundations and practical implications for credit accessibility, operational efficiency, and financial inclusion. The findings reveal that while these regulatory advancements have significantly improved access to credit and enhanced the efficiency of digital financial services, several challenges remain. These include a rise in non-performing loans, vulnerabilities in data privacy and cybersecurity, opaque interest rate structures, and compliance gaps in anti-money laundering and counter-terrorism financing (AML/CTF) frameworks. Addressing these issues requires the development of a risk-based, technology - neutral regulatory framework, increased transparency in algorithmic decision-making, and stronger cross-sector collaboration. Such measures are essential to fostering a robust, secure, and inclusive digital lending ecosystem in Indonesia that balances innovation with consumer protection and systemic stability. 
Application of the Dilution Doctrine in Trademark Registration as Legal Protection for Trademarks in Indonesia Aji, Pandam Bayu Seto; Martitah, Martitah; Yudhanti, Ristina
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.49132

Abstract

This research examines and analyzes the concept and regulation of the trademark dilution doctrine, which has long developed in the United States, as a form of legal comparison, as well as the implementation of the dilution doctrine in the substantive examination of trademark registration in Indonesia. The research method used is normative juridical research employing statutory, conceptual, comparative, and case study approaches. This study uses secondary data in the form of primary, secondary, and tertiary legal materials, which are then qualitatively analyzed. Data collection techniques involve literature study by tracing widely published written information. The results of this study show that trademark violations in Indonesia are dominated by imitation marks, thereby requiring legal reform in trademark law through the adoption of the dilution doctrine similar to that of the United States. Article 21 paragraph (1)(c) of the Indonesian Trademark and Geographical Indication Law mandates the application of the dilution doctrine, although it does not explicitly regulate it. This indicates that Indonesia has the potential to implement the dilution doctrine. However, the significant differences between the United States and Indonesia make full implementation of the doctrine difficult. One of the main challenges in implementing the dilution doctrine is the communal character of Indonesian society. When analyzed using Jeremy Bentham’s Utilitarianism Theory, the result shows that implementing the dilution doctrine would produce greater pain for Indonesia. Therefore, adjustments and legal formulations are needed to accommodate the interests of all parties, including clear and detailed regulations that govern dispute resolution and evidentiary standards in court. The implementation of the dilution doctrine in substantive examination also needs to be tightened to reduce future trademark disputes.
The Urgency of Reconstructing the National Inheritance Law System for the Protection of Adopted Children Maulana, Martono; Sugianto, Sugianto; Azis, Abdul
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47093

Abstract

The main issue in Indonesia's national inheritance law system lies in the lack of recognition of adopted children as legitimate heirs in the absence of a will, as stipulated in Article 832 of the Indonesian Civil Code (KUHPerdata), which limits inheritance rights exclusively to blood relatives. This provision creates significant inequality and discrimination against adopted children, as they are legally excluded from inheritance rights unless granted through a testamentary gift a mechanism that is limited in amount and not automatically applied. This study aims to examine the urgency of reconstructing the national inheritance law system to ensure equal legal protection for adopted children. The research employs a normative legal method, using both normative juridical and conceptual approaches. The findings reveal a legal vacuum (rechtsvacuum) and a juridical gap between existing positive legal norms and the principles of human rights and child protection. The current national inheritance system fails to provide adequate legal recognition of adopted children as part of the family in the context of inheritance. Therefore, a reconstruction of the national inheritance law is necessary one that incorporates the principles of caregiving and child welfare as the basis for recognizing family relationships, rather than relying solely on biological ties. Strategic approaches may include the addition of new norms to the Civil Code or the enactment of a National Inheritance Law that explicitly acknowledges the inheritance rights of adopted children. In addition, such inheritance law reform must be supported by strengthening protective mechanisms through the judicial system and social institutions, ensuring that adopted children can obtain legal certainty, substantive justice, and equal treatment before the law.
Reassessing Diversion and Restorative Justice in Indonesia’s Juvenile Criminal System: Legal Paradigms, Policy Gaps, and Implementation Challenges Heliany, Ina; Tjandrawinata, Raymond R
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.46142

Abstract

Indonesia’s juvenile criminal justice system has embraced diversion and restorative justice as foundational principles following the enactment of Law No. 11 of 2012 on the Juvenile Criminal Justice System. This study critically examines the legal frameworks underpinning these principles, explores the policy gaps, and evaluates the implementation challenges that have emerged in practice. Employing a socio-legal qualitative methodology, this paper reviews statutory provisions, policy documents, and empirical research findings on diversion and restorative justice in Indonesia. The results reveal that while Indonesia’s legal reforms align with international standards on juvenile justice, significant inconsistencies persist in the practical application of diversion policies. Key barriers include uneven regional implementation, lack of standardized procedures, insufficient training for law enforcement, and societal resistance rooted in a punitive legal culture. The discussion offers a comprehensive analysis of these challenges and suggests strategic pathways to strengthen the restorative justice framework. The paper concludes by recommending policy reforms that incorporate local wisdom, enhance institutional capacity, and promote community involvement to ensure sustainable and effective juvenile justice practices in Indonesia.
Application of the Bona Fide Principle in the Implementation of the Binding Sale and Purchase Agreement Related to the Seller’s Absence Before the Notary-PPAT Adistia, Meisya; Ridwan, Fully Handayani
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.48899

Abstract

The Sale and Purchase Agreement (in Indonesian Version: Perjanjian Pengikatan Jual Beli (PPJB)) is a crucial foundation before the formation of the Akta Jual Beli (AJB). However, in practice, serious obstacles often arise when the seller is unable to be present before the Notary-PPAT. This phenomenon not only hinders administrative processes but also potentially undermines the validity of the deed, increases the risk of breach of contract, and weakens the legal protection that the buyer should receive. In this complex situation, the principle of bona fide (itikad baik) becomes a fundamental pillar that demands honesty, transparency, and compliance with legal obligations from all parties involved. This study uses a doctrinal method to analyze legislation, legal doctrines, and evaluate how court decisions (case studies of Decision Number 28/Pdt/2022/PT SMG, Decision Number 20/Pdt.G/2023/PN.Tgt, and Decision Number 36/PDT/2020/PT.Smg) refer to the principle of bona fide in cases of seller absence in PPJB, and to what extent these decisions can serve as a basis or consideration in choosing dispute resolution mechanisms (litigation, mediation, or arbitration). In-depth analysis shows that judicial bodies consistently emphasize the importance of the principle of bona fide and deed formality. The main results of the analysis indicate that these decisions, by reinforcing the validity of the deed or highlighting violations of good faith, implicitly and explicitly encourage the parties to consider alternative dispute resolution methods such as mediation or arbitration as faster, more efficient efforts that potentially maintain good relations, while striving to reach agreements reflecting the principle of bona fide for legal certainty.
The Role of The Tax Court in The Judicial System: Implications of Constitutional Court Decision No. 26/PUU-XII/2023 For Tax Law Khalimi, Khalimi
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.48331

Abstract

This article examines the implications of the Constitutional Court Decision No. 26/PUU-XXI/2023 for the Tax Court within Indonesia's judicial system. The decision transfers oversight of the Tax Court from the Ministry of Finance to the Supreme Court, enhancing judicial independence and addressing governance dualism. This study employs a normative legal research methodology to analyze how this ruling fortifies the principles of separation of powers and checks and balances as enshrined in the 1945 Constitution. It highlights the importance of the Tax Court's role in protecting taxpayer rights and ensuring impartiality in tax dispute resolution. The findings underscore the necessity for further reforms to eliminate remaining executive influence and promote a cohesive judicial framework, thereby reinforcing the rule of law and enhancing the credibility of the judiciary in Indonesia.
Optimizing Notary's Role in Creating Marriage Agreements in Pekanbaru After Constitutional Court Decision No. 69/PUU/XIII/2015 Aprilya, Nadilla; Abdillah, Satrio
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.46810

Abstract

Constitutional Court Decision No. 69/PUU-XIII/2015 has brought about a significant paradigm shift in Indonesian marriage contract law, allowing for the creation of such contracts during the course of a marriage. This change necessitates a shift in the role of notaries from mere document creators to active and responsive legal educators. However, implementation in the city of Pekanbaru shows that the optimization of this role has not been fully achieved, marked by low legal literacy among the public, structural barriers, and the lack of integration between the notarial service system and regulations and technology. The main problem is the passive attitude of Notaries, who only respond to requests without proactively providing legal education. This empirical legal research aims to analyze and formulate a concept for optimizing the role of notaries in the creation of authentic marriage agreements following the Constitutional Court's decision in Pekanbaru. Using a sociological-legal approach with qualitative methods, this research is descriptive-analytical and exploratory in nature. Data collection was conducted through in-depth interviews, participatory observation, and focus group discussions, as well as document and literature studies. The research results indicate an increase in the creation of marriage agreement deeds following the Constitutional Court ruling, but the number remains low compared to the total number of marriages. The majority of clients come from highly educated groups and have economic-business motivations. The main challenges include inconsistent technical regulations, insufficient socialization, variations in notarial practices, and ineffective third-party protection mechanisms. As an innovation, this study proposes a model for transforming the role of notaries into a proactive-educational, inter-institutional collaborative, and digitally adaptive role. This model is expected to strengthen the position of notaries as an essential legal profession in protecting marriage law in Indonesia.

Page 1 of 5 | Total Record : 41

 1   2   3   4   5 

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