Jurnal Akta
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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<![CDATA[Legal and Humanitarian Implications on The Highway (Case Study of Ambulance Ticketed ETLE) ]]>
<![CDATA[Arum, Indah Sekar]]>;
<![CDATA[Labibah, Hanin Alya']]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48849
<![CDATA[This study aims to examine the legal and humanitarian implications of the Electronic Traffic Law Enforcement (ETLE) system when applied to emergency vehicles such as ambulances that violate traffic regulations during life-saving missions. The research employed a normative legal method supported by statutory and conceptual approaches, complemented by limited empirical observations. The method analyzed primary legal materials, including traffic legislation and constitutional provisions, and secondary materials such as journal articles on digital law enforcement and algorithmic decision-making. The novelty of this research lies in its identification of structural weaknesses in Indonesia’s automated ticketing system, which fails to differentiate ordinary traffic violations from emergency-based exceptions, resulting in potential conflicts with the constitutional right to life. The findings demonstrate that ETLE operates rigidly because it relies solely on visual camera detection without integration with emergency vehicle databases. This creates legal inconsistency, particularly with Articles 134–135 of the Traffic Law and Article 28A of the Constitution. The research also reveals a technological gap due to the absence of adaptive algorithms, real-time vehicle identification, and human-override mechanisms. Based on these findings, the study concludes that ETLE requires regulatory refinement, technological upgrading, and inter-institutional integration to ensure that automated enforcement remains aligned with principles of justice and humanitarian protection. The study recommends developing an integrated whitelist system, real-time data synchronization with emergency services, and the inclusion of contextual AI-based analysis to prevent the penalization of life-saving actions.]]>
<![CDATA[Legal Analysis of the Reappointment of Former Convicted Village Head Based on the Policy of Extending the Term of Office of the Village Head ]]>
<![CDATA[Zainudin, Arif]]>;
<![CDATA[Pranata, Keri]]>;
<![CDATA[Setiyo, Adi Tri]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48289
<![CDATA[The election of village heads is a manifestation of local democracy that affirms the sovereignty of the village people in determining leadership at the most basic level of government. Changes in regulations through Law No. 3 of 2024 which extended the term of office of village heads from six years to eight years, as well as the birth of the Ministry of Home Affairs Circular Letter Number 100.3/4179/SJ, have juridical and sociological implications for the legitimacy of the village head position. One of the crucial issues is the reappointment of village heads who have been entangled in criminal acts, as in the case of the Sekapuk Village Head who was sentenced to five months in prison for embezzlement but was re-inaugurated and received an extension of office. This study uses normative legal methods with legislative and conceptual approaches to examine the suitability of these policies with democratic principles, the principles of clean governance, citizens' political rights, and public accountability. The results of the study show that although the circular provides administrative legal certainty and prevents a vacancy in village leadership, the policy creates a normative conflict between the restoration of the political rights of former convicts and the demands for the integrity of public office. This condition has the potential to reduce public trust in village government and weaken the principle of accountability. Therefore, a more comprehensive policy formulation is needed by including morality and integrity requirements for village heads whose positions are extended so that the principles of democracy and good village governance are guaranteed.]]>
<![CDATA[The Loss of Land Rights under Kasepekang: Balinese Customary Law and Indonesian Agrarian Law ]]>
<![CDATA[Pragas, Priyanka]]>;
<![CDATA[Made Wirya Darma, I]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48288
<![CDATA[This study explores the application of kasepekang, the most severe customary sanction in Balinese traditional law, and its implications for land rights over pedruwen desa, particularly Pekarangan Desa (PKD) and Ayahan Desa (ADS). The sanction of kasepekang is imposed on individuals or families who commit serious violations of awig-awig or pararem desa, leading to the loss of their status as members of the customary village (krama desa). This loss of status results in the forfeiture of rights to PKD and ADS lands, which are often inherited and cultivated for generations. Such practices raise complex issues when examined under Indonesia’s national agrarian law, as the Basic Agrarian Law No. 5 of 1960 and Government Regulation No. 24 of 1997 explicitly safeguard long-term land tenure and constitutional rights guaranteed under Article 28H of the 1945 Constitution. The objective of this research is to analyze the concept of kasepekang in Balinese customary law, evaluate its compatibility with national agrarian principles, and formulate a harmonization framework that allows the enforcement of customary sanctions without violating constitutional protections. Employing a normative legal method with statutory, conceptual, and comparative approaches, this study applies Philipus M. Hadjon’s Theory of Legal Protection, Gustav Radbruch’s Theory of Legal Certainty, and John Rawls’ Theory of Justice. The findings confirm that while kasepekang is legitimate within customary law as an instrument of social and religious order, it cannot be extended to revoke PKD and ADS land rights. The novelty of this study emphasizes restricting kasepekang to socio-religious domains, supported by clear mechanisms for mediation and rehabilitation, thereby ensuring legal certainty while preserving the integrity of customary law within the national legal system.]]>
<![CDATA[Implications of Digital Transformation of Land Registration Processes as Seen in The Face of Agrarian Law ]]>
<![CDATA[Gulianti, Lia]]>;
<![CDATA[Kurniati, Nia]]>;
<![CDATA[Nurhayati, Elis]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48945
<![CDATA[Digital transformation in the Land Registration Process is part of the modernization of land administration and services in Indonesia. The digitalization of the land registration process is regulated by Regulation of the Minister of ATR/BPN No. 3 of 2023 concerning the Issuance of Electronic Documents. The land registration activity refers to Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021. The legal umbrella for the digitalization of land registration is regulated in the UUITE, UUSPK, PP PSTP, PBBSSN, and Presidential Decree SPBE. Digital transformation involves electronic land registration, making the shift to the UUPA a specialist lesson from the perspective of legal certainty and legal protection. There are crucial issues regarding the electronic system, the legality and evidentiary power of electronic certificates, especially in the event of a dispute or system failure. Meanwhile, the electronic system also affects legal protection faced with data security risks, the potential for digital maladministration, resulting in losses arising from system errors. The implications of digital transformation in the land registration process in the UUPA and PP are required to evaluate the extent to which the implementation of electronic systems is able to guarantee Legal Certainty which must be clear, consistent and predictable as well as Legal Protection (guarantee provided by the legal system to protect every right to land ownership for the community, as well as identifying the problem of disharmony or overlapping rules as a logical consequence of legal implications and digital implications. This qualitative research applies a juridical-normative approach and is enriched with in-depth interview data. Of course, the most fundamental implication is the emergence of disharmony of rules between lex specialis, namely the UUPA with Lex Generalis UU ITE and technical regulations that support digitalization, and overlapping regulations related to the protection of ownership rights and the validity of electronic evidence (for example between BPN government regulations and the ITE Law). This condition hinders the realization of the goals of Indonesia's Transformation Infrastructure in the land sector. This research recommends comprehensive harmonization of regulations, the establishment of clear legal responsibilities in the digitalization of the land registration process.]]>
<![CDATA[Tripartite Institutional Mechanism in the Discussion of the Draft Law ]]>
<![CDATA[Wuisang, Ari]]>;
<![CDATA[Nugraha, Roby Satya]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.46878
<![CDATA[This article explores the emergence and implementation of a tripartite institutional mechanism in the legislative process in Indonesia, particularly following the Constitutional Court Decisions No. 92/PUU-X/2012 and No. 79/PUU-XII/2014. These rulings affirm the legislative role of the Regional Representative Council (DPD) alongside the House of Representatives (DPR) and the President, establishing a more balanced representation in drafting laws within specific areas. Using a normative juridical approach, this study analyzes the constitutional foundations, institutional practices, and comparative perspectives on bicameralism. The research identifies significant structural and functional disparities between the DPR and DPD, despite the formal recognition of the DPD’s legislative rights. Although the DPD may participate in the first and second-level discussions of draft bills, it is excluded from the final approval stage. Moreover, DPD-initiated bills and proposed revisions are often ignored in practice, weakening its legislative impact. Drawing from comparative constitutional studies, the article highlights the typologies of bicameralism—ranging from perfect to weak—and situates Indonesia's model within the broader global context. The findings underline that a truly effective tripartite mechanism requires not only formal recognition but also practical and procedural adjustments to ensure power-sharing and institutional dignity. The authors recommend enhancing the DPD's authority through constitutional practices, internal institutional development, and greater political negotiation capacity to strengthen its legislative influence and create a more balanced parliamentary structure.]]>
<![CDATA[Juridical Analysis of Electronic Agreement Validity in Online Loans Under Electronic Information and Transactions ]]>
<![CDATA[Candra, Alex]]>;
<![CDATA[Kustanto, Anto]]>;
<![CDATA[Azami, Takwim]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48582
<![CDATA[This study examines the validity of electronic consent in online loan agreements according to Indonesian laws and regulations, specifically Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments in Law Number 19 of 2016. Electronic consent, such as the “click agree” mechanism in online loan applications, is legally recognized if it is made consciously by the user, through a reliable and secure electronic system, and in accordance with the principles of prudence and honesty as stipulated in Article 1320 of the Civil Code and Article 15 of the Electronic Information and Transactions Law. However, implementation in the field still faces obstacles, including low legal and digital literacy among the public. In cases of default, agreements remain subject to general civil law, with electronic evidence valid under Article 5 of the ITE Law. This research uses a normative-juridical approach through a literature review, combining legislative, conceptual, and case studies to analyze the legal framework, implementation, constraints, and implications of electronic consent. The results emphasize the importance of regulatory harmonization, electronic signature certification, and digital legal education to create legal certainty and optimal consumer protection.]]>
<![CDATA[Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia ]]>
<![CDATA[Sihombing, Alfies]]>;
<![CDATA[Nuraeni, Yeni]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.50255
<![CDATA[Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.]]>
<![CDATA[Legal Protection for Consumers Against Food Products that are not Halal Certified Based on Law Number 33 of 2014 ]]>
<![CDATA[Widiono, Ribut]]>;
<![CDATA[Prabowo, M. Shidqon]]>;
<![CDATA[Fawaid, Bahrul]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.49601
<![CDATA[This study aims to analyze the legal protection provided to consumers against the circulation of food products that are not halal certified based on Law Number 33 of 2014 concerning Halal Product Assurance. The certification process involves three main institutions: the Halal Product Assurance Organizing Agency as the organizing authority, the Halal Inspection Institute as the inspection and testing institution, and the Indonesian Ulema Council as the institution that issues fatwas on halal product certification. Legal protection for Muslim consumers is reflected in the principles of protection, responsibility, and transparency of information, which are strengthened by reporting mechanisms and the imposition of sanctions on violating business actors. This study uses a normative juridical approach with descriptive analysis of legal norms to examine the provisions, enforcement mechanisms, and implications of the Halal Product Assurance Law for consumer protection. The results show that although the Halal Product Assurance Law provides a strong legal basis, its implementation is still hampered by weak supervision, lack of socialization, and limited coordination between institutions. Therefore, it is necessary to strengthen Halal Product Assurance Organizing Agency, increase public awareness, and align halal policies with consumer protection regulations to ensure legal certainty and public trust.]]>
<![CDATA[The Urgency of a 30 Percent Free Float Regulation to Strengthen Legal Protection for Retail Investors ]]>
<![CDATA[Reliadewi, Wayan Agitha]]>;
<![CDATA[Putra, Komang Satria Wibawa]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.48671
<![CDATA[This study analyzes the urgency of increasing the minimum free-float threshold to 30 percent as a legal instrument to strengthen retail investor protection and improve the quality of Indonesia’s capital market. The current minimum free-float requirement of 7.5 percent, as regulated in Indonesia Stock Exchange Regulation No. I-A, is no longer sufficient to ensure trading liquidity, prevent price manipulation, or protect minority shareholders. Using a normative legal method based on statutory, conceptual, and comparative approaches, this research compares Indonesia’s regulatory framework with practices adopted in several jurisdictions. The United Kingdom sets a minimum free float of 10 percent for domestic companies and 25 percent for non-UK issuers; Malaysia requires at least 15 percent; Hong Kong mandates a 25 percent public float; Japan imposes a 35 percent tradable share ratio for Prime Market listings; and India requires a minimum public shareholding of 25 percent. The findings show that Indonesia’s free-float level remains far below these jurisdictions, making the market more vulnerable to volatility and potential price intervention. The limited shareholding dispersion also weakens regulatory oversight and reduces the likelihood of Indonesian stocks being included in global indices that rely on free-float-adjusted market capitalization. Increasing the free-float requirement to 30 percent has the potential to broaden public ownership, strengthen corporate governance, enhance liquidity, and increase investor confidence. Establishing this requirement at the statutory level is essential to provide legal certainty and to support more effective supervision by the Financial Services Authority (OJK).]]>
<![CDATA[Excellent Service Quality of Land Administration in Response to The Community A Comparative Study of Kendal Regency and Semarang City ]]>
<![CDATA[Salma, Lina]]>;
<![CDATA[Fidiyani, Rini]]>
<![CDATA[ JURNAL AKTA Vol 12, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v12i4.50225
<![CDATA[This study aims to analyze the quality of excellent land administration services based on community response in two regions with different characteristics, namely Kendal Regency and Semarang City. The main issue examined focuses on differences in community perceptions and experiences of public services in the land sector, particularly regarding the aspects of speed, transparency, and professionalism of officials. The approach used is qualitative with a comparative case study design, which allows researchers to explore social phenomena in depth in a local context. Data were collected through semi-structured interviews, participatory observation, and documentation studies, with participants selected using purposive and snowball sampling. The results of the study identified three main themes, namely: (1) public perceptions of excellent service, (2) responsiveness and professionalism of officials, and (3) transparency and certainty of services. The Kendal community considers the friendliness of officials to be a key aspect of service, but still faces obstacles in terms of certainty of time and cost. Meanwhile, the people of Semarang consider the efficiency and openness of the digital system to be the main advantages, despite the challenge of the digital literacy gap. These findings reinforce the SERVQUAL theory by adding the dimensions of socio-cultural context and service digitalization. Theoretically, this study contributes to the development of adaptive service-based public administration studies, while practically providing recommendations for improving the capacity of officials and integrating inclusive digital service systems. Further research is recommended to explore the aspects of inclusiveness and digital literacy in public services in semi-rural areas.]]>
