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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 45 Documents
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Search results for , issue "Vol 12, No 4 (2025): December 2025" : 45 Documents clear
The Urgency of Notary Involvement in the Process of Destroying Illegal Fishing Evidence to Achieve Legal Certainty and Justice Moertiono, R. Juli
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.v12i4.50376

Abstract

Illegal fishing is a serious crime that results in state losses, damage to marine ecosystems, and social injustice for local fishermen. One form of law enforcement carried out by the state is the destruction of evidence in the form of fishing vessels and gear. However, in practice, the process of destroying such evidence still leaves legal issues, particularly regarding legal certainty, accountability, and protection of the rights of related parties. This study aims to analyze the urgency of notary involvement in the process of destroying illegal fishing evidence as an effort to realize legal certainty and justice. The research method used is normative juridical with a statutory and conceptual approach. The results show that notary involvement through the creation of authentic deeds can provide legal certainty, transparency, and strengthen the legitimacy of the action of destroying evidence so that it is in line with the values of substantive justice. Illegal fishing is a serious crime that not only causes economic losses to the state but also damages marine ecosystems and causes social injustice for local fishermen who engage in legal fishing activities. As a form of law enforcement, the state imposes additional criminal sanctions in the form of destroying evidence, particularly vessels and fishing gear used in the crime. However, in practice, the destruction of evidence of illegal fishing still faces various legal challenges, particularly those related to legal certainty, transparency, accountability, and the protection of the rights of the parties involved. This situation has the potential to give rise to legal disputes and undermine the legitimacy of the destruction of evidence. This study aims to analyze the urgency of notary involvement in the process of destroying evidence of illegal fishing as an effort to realize legal certainty and substantive legal justice. The research method used is normative juridical with a statutory approach and a conceptual approach, through a review of laws and regulations in the field of fisheries and notaries as well as relevant legal doctrines. The results of the study indicate that notary involvement through the creation of authentic deeds can provide legal certainty, increase transparency and accountability, and provide legal protection for all interested parties. Thus, notary involvement can strengthen the legitimacy of the policy of destroying evidence of illegal fishing as part of just law enforcement and based on the principles of the rule of law.
The Paradox of Tolerance, Freedom of Religion, and Moral Boundaries in Implementation of Human Rights Law Sidiqah, Meliyani
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.v12i4.50957

Abstract

The discussion of tolerance and religious freedom in Indonesia reveals a normative paradox: constitutional guarantees of human rights coexist with restrictive practices grounded in majority morality. While religious freedom is constitutionally guaranteed as a fundamental right tied to human dignity, Indonesian legal culture often enforces tolerance in a conditional, passive, or exclusive manner. This paradox shapes the complex interplay among religion, the state, and society, as the collective morality of dominant groups frequently becomes public morality, restricting minority rights. This article seeks to clarify how tolerance for religious freedom is constructed within Indonesian legal culture and to examine the moral boundaries that limit religious freedom. Using a normative juridical approach informed by interdisciplinary human rights law, legal philosophy, and moral philosophy, the research finds that tolerance in Indonesia is primarily passive and legitimized by majority morality. Dominant group values often become public morality without rational evaluation against universal human rights standards, resulting in asymmetric and exclusive restrictions on minorities. This research’s novelty lies in offering a normative framework that treats tolerance as a legal-philosophical issue and proposes reorienting moral boundaries toward universal human rights by strengthening active tolerance and public rationality, ensuring that religious freedom is not only normatively recognized but also meaningfully protected in Indonesia’s democratic and just legal culture.
Implementation Regarding The Competencies of Vocational High School Graduates in The Meta-System-Networking (MSN) Model Approach in Jayapura District, Papua Province Budi Santoso, Tri Bowo; Supriatna, Tjahya; Efendi, Khasan; Sulistyani, Dewi
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.v12i4.51051

Abstract

This study examines the implementation of competency policies for Vocational High School (SMK) graduates in Jayapura Regency using the Mental-System-Networking (MSN) approach (Kadji, 2016). This approach emphasizes the importance of synergy between the government, the business world, and the community in improving the competence of SMK graduates according to the needs of the world of work. The research method used was a quantitative approach with a sample of 252 respondents. The results showed that the implementation of MSN-based policies has a significant influence on the competence of SMK graduates.  The MSN approach is effective because it considers mental factors, systems, and integrated networks. Mental factors contribute the most to improving competence, followed by systems and networks. The results of this study also show that the implementation of stake-holders from the business world and the industrial world (private sector) makes the largest contribution to the competence of SKM graduates so that strategic collaboration between schools, industry and the community to overcome the challenges of vocational education in the regions, especially in Jayapura Regency. Thus, the MSN approach can be a relevant framework in improving the competitiveness of SMK graduates in the local and global job market.
Analysis of Adjudicative Authority in Regional Election Disputes: A Case Study of the Cianjur Regency Regional Election Dispute Based on Law Number 10 of 2016 and Its Amendments on the Election of Governors, Regents, and Mayors Sinaga, Dahman; Nuraeni, Yeni; Sihombing, Lasmin Alfies
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.v12i4.51409

Abstract

The administration of regional head elections (Pilkada), as a manifestation of popular sovereignty, requires a dispute resolution mechanism that ensures justice and legal certainty. However, Law No. 10 of 2016 distributes dispute resolution authority among several institutions, which in practice creates the potential for jurisdictional conflicts. This study examines the problem of overlapping authority between the General Courts in handling electoral criminal offenses and the Constitutional Court in resolving disputes over Pilkada results. The objective of this research is to analyze juridically the source of the conflict of authority and its impact on legal certainty, with a case study of the Cianjur Regency Pilkada. The findings indicate that the fragmented attribution of authority under Law No. 10 of 2016 does not provide a synchronization mechanism between criminal judgments that have obtained permanent legal force (inkracht) and decisions on election result disputes (PHPU) that are final and binding. This condition produces a dualism of contradictory legal truths between the District Court and the Constitutional Court. Consequently, it leads to legal uncertainty and the potential delegitimization of Pilkada results. This study recommends the establishment of a specialized Pilkada court to comprehensively integrate all dispute resolution regimes.
The Urgency of the Problem of Customary Criminal Execution in the Architecture of the Integrated Criminal Justice System after Law No. 1 of 2023 Febrianty, Yenny; Ryendra, Nadya Restu; Larasati, Rindiana
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.v12i4.51288

Abstract

The New Indonesian Criminal Code (Law No. 1 of 2023) formally recognizes customary criminal law (living law), yet this development generates a fundamental paradox between legal formalization and the absence of procedural mechanisms. The urgency of this issue arises from the inconsistency between the recognition of customary sanctions and the Criminal Procedure Code (KUHAP), which designates the Prosecutor as the sole authority responsible for executing criminal judgments. In practice, the Prosecutor lacks the cultural competence and institutional capacity to implement spiritual and restorative customary sanctions, which traditionally fall under the authority of Customary Leaders. This misalignment between legal authority and practical competence creates an executorial crisis, rendering sentences in the form of “fulfillment of customary obligations” potentially non-executable. Using normative legal research methods and analysis of primary and secondary legal materials, this study finds that the absence of KUHAP reform accompanying the New KUHP exacerbates legal uncertainty. As a result, non-executable judgments are likely to increase, undermining judicial authority and weakening the functional position of customary law within the national criminal justice system.

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