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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 41 Documents
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Search results for , issue "Vol 13, No 1 (2026): March 2026" : 41 Documents clear
Legal Certainty and the Enforceability of Marriage Agreements on Marital Property Zaharnika, R. Febrina Andarina
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.48403

Abstract

A marriage agreement, or huwelijksche voorwaarden, is a legal instrument recognized under Article 29 of Law No. 1 of 1974 concerning Marriage and reinforced by the Constitutional Court Decision Number 69/PUU-XIII/2015. This agreement serves to regulate the separation of assets between husband and wife while at the same time providing legal certainty for the parties involved. However, in practice, marriage agreements often raise legal issues, particularly regarding their consequences for joint property as well as individual property. This study aims to analyze the legal consequences of marriage agreements through a case study of Pekanbaru District Court Decision No. 68/PDT/G/2009/PN.PBR Jo No. 62/PDT.G/2015/PN.PBR, in connection with the principle of legal certainty. The research method applied is normative juridical, employing statutory, doctrinal, and case study approaches. The findings reveal that although marriage agreements are legally valid, their implementation continues to face challenges, especially in relation to the enforcement of legal certainty. This study emphasizes the necessity for harmonization of legal norms and consistency in judicial decisions in order to ensure that marriage agreements have binding legal force in protecting the interests of the parties.
Maqāṣid Al-Sharī‘Ah as the Basis for Reforming Islamic Family Law Legislation: A Comparative Study of Indonesia and Brunei Darussalam Marzuki, Marzuki; Abdun Nasir, Mohamad; Arifin Haji Munir, Zainal
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.49731

Abstract

This article analyzes maqāṣid al-sharī‘ah as a basis for reforming Islamic family law through a comparative study of Indonesia and Brunei Darussalam. The study begins with three main questions: how the principles of ḥifẓ al-dīn, al-nafs, al-‘aql, al-nasl, and al-māl serve as foundations for family law reform; the extent to which these principles are implemented in legislative policies and judicial practices; and how the differing legal-political frameworks of the two countries influence the effectiveness of maqāṣid application. This research employs a normative-comparative legal method with statutory, conceptual, and policy-analysis approaches. The findings show that Indonesia adopts an adaptive reform model through the integration of Islamic law into the national legal system, whereas Brunei implements a more normative and centralized model of sharī‘ah codification. The novelty of this study lies in utilizing maqāṣid as an evaluative instrument for family law politics, rather than merely as an ethical doctrine. The article concludes that maqāṣid al-sharī‘ah can serve as an effective methodological tool for formulating family laws that are responsive and oriented toward the protection of fundamental rights.
From Sacred to Marketed: How Economic Value Has Diminished the Meaning of Traditional Cultural Expressions Rani, Marnia; Sibarani, Hos Arie Rhamadhan; Swastiwi, Anastasia Wiwik; Nuraini, Lia; Hidayat, Muhammad Fajar
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.47367

Abstract

This study examines the challenges in the process of recording Traditional Cultural Expressions (TCEs). TCE recording requires economic value to obtain protection as communal intellectual property. The rejection of the recording of Talam Sehidang (Makan Sehidang Berlima) as a TCE from the Kepulauan Riau Province. This study uses a normative legal research method that analyzes data qualitatively. The study finds that policymakers frequently exclude SWES traditions rich in moral and spiritual significance from legal protection because they perceive such traditions as lacking direct economic value. However, communities and local governments can generate economic value through active cultural preservation after recording. The requirement of economic value hampers the recording of TCEs. This paper proposes an inclusive TCE recording procedure for communal intellectual property. So that TCEs can be legally recognized and then developed by the host community to be economically valuable. It also provides procedural guidance for local communities to protect culturally meaningful expressions through preservation-based approaches. Economic formalism in cultural recording risks disempowering Indigenous communities and reducing heritage to market logic. By restoring philosophical and moral dimensions to legal recognition, cultural policy can promote equity and protect identity. The lack of documentation for ancient TCE and the economic value requirement for TCE recording led to the failure of the recording process. Thus, this research proposes changes to the requirements in the traditional cultural expression recording policy to prioritize philosophical values alongside economic values. The novelty of this study lies in its critique of the TCE recording process, which requires economic value, making it difficult for cultural actors to obtain protection for TCE as communal intellectual property. However, recording can potentially create income for cultural actors by creating activities such as tourism based on traditional cultural expressions.
Agreements in Online Loans and Consumer Legal Protection in Online Loan Services in Indonesia Hardyansah, Rommy
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.44594

Abstract

The rapid development of online lending services in Indonesia has a positive impact on the economy, but it also poses challenges related to legal aspects. This research aims to examine how agreements in online loans are regulated in Indonesian positive law and to analyze the legal protection provided to consumers of online loan services. This research uses normative legal research methods by analyzing various laws and regulations, legal doctrines, and relevant theories. The main focus of the research is to explore the regulation of online loan agreements, which still face various problems related to the unclear rights and obligations of the parties and the lack of transparency of information provided by service providers. In addition, this research also identifies problems related to consumer legal protection, especially in terms of supervision, misuse of personal data, and dispute resolution mechanisms that are still not optimal. The results show that although there are regulations from the Financial Services Authority (OJK), there are still many gaps that must be improved, both in the regulation of agreements and consumer protection. Therefore, this study is important to provide a deeper understanding of the role of law to maintain a balance between the development of the online lending sector and the protection of consumer rights.
Inculcating Anti-Corruption Values in Islamic Educational Institutions Sihite, Sontayati; Nasution, Muhammad Syukri Albani; Adly, M. Amar
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51435

Abstract

This research examines the regulation of corruption under Islamic law and the implementation of anti-corruption education within educational institutions, focusing on the effectiveness of preventing corruption through the integration of sharia values and positive law. The primary issues addressed are: (1) how corruption is regulated within the framework of Islamic law; (2) how Islamic principles can serve as the basis for anti-corruption education; and (3) how Islamic law can be employed to prevent corruption in schools and universities. The study adopts a normative juridical approach supported by field data collected through interviews. The findings reveal that Islamic law classifies corruption as jināyah ‘alā al-māl al- ‘āmm (a criminal offence against public property), with explicit prohibitions in Qur’an 2:188 and severe warnings against ghulul (embezzlement) and riswah (bribery). However, the implementation of anti-corruption education in schools remains weak: the subject has not been institutionalized as a standalone course, teachers lack the capacity to integrate it into pedagogical strategies, and corruption is often reduced to a mere issue of sin rather than a violation of public trust. At the university level, many lecturers lack specialized competence, resulting in approaches that are largely ceremonial. Such shortcomings contradict the principle of amānah in sharia and undermine the structural objectives of corruption prevention. This study recommends: (1) establishing anti-corruption education as a compulsory subject from early schooling, with measurable behavioral indicators and anti- gratuity protocols; (2) harmonizing Islamic law and positive law within educational regulations and policies; and (3) reorienting the paradigm of corruption from a purely religious issue to a breach of public trust, addressed through an integrated regime of education, ethics, administration, and criminal law. Without these measures, the prohibition of corruption will remain a moral slogan devoid of legal force.
Court Constitution Delete Nomination Threshold President and Vice President Tatawu, Guasman; Aliansa, Wahyu
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50601

Abstract

Thresholds in elections are often considered an obstacle for parties with small political bases to submit candidates for state leaders. Research this aim for the study base, focusing on the law used by the Constitutional Court in the provision of the nomination threshold, as well as its impact on the principles of democracy and representation politics in Indonesia, as outlined in Decision Number 62/PUU-XXII/2024. With a normative study, which focuses on the approach to legislation, concepts, and case studies, the research is conducted. This identifies the reasons behind the law's decisions. The results of the survey indicate that tests of the norms in Article 222 of the Election Law, related to the engineering constitution, may lead to weakening the principles of democracy and a decline in public trust in the government. Therefore, it is necessary to prioritize the interests of the people in the legislative and policy process. Additionally, the decision to introduce this potential change in national politics will enable smaller parties to nominate a State leader. However, there is nothing. This threshold also opens up the possibility for an oligarchy to establish a party for personal gain, which ultimately can weaken the mechanism of checks and balances within the state administration system.
Navigating Statelessness: Legal Consequences of Divorce in Mixed Marriages Involving Rohingya Refugees Ade Putri, Elfirda; Sri Wahyuni, Windy
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50325

Abstract

This study aimed to examine how Indonesian Private International Law (PIL) addresses the legal vacuum arising from the inapplicability of the nationality principle (lex patriae) in divorce proceedings involving mixed marriages between Indonesian citizens and stateless Rohingya refugees, and to analyze the legal consequences with respect to child custody, division of joint property, and children’s citizenship status. The research method employed was normative juridical research, utilizing statutory, conceptual, and doctrinal approaches combined with grammatical, systematic, and teleological interpretive methods, as well as deductive legal reasoning. The novelty of this research lies in its systematic doctrinal construction of a conflict-of-laws framework applicable to stateless persons within Indonesian PIL, demonstrating how the convergence of lex domicilii, lex fori, and the public policy doctrine collectively resolves the normative gap produced by statelessness. Based on the findings, it can be concluded that the absence of nationality is resolved by substituting lex patriae with the domicile principle (lex domicilii), which in practice converges with lex fori, enabling Indonesian courts to apply the Marriage Law and the Compilation of Islamic Law as lex causae. Child custody is determined by the best interests of the child, joint marital property is divided equitably, and children born from such marriages automatically acquire Indonesian citizenship pursuant to the ius sanguinis principle under Law No. 12 of 2006. Despite substantive legal protection being guaranteed de jure, practical enforcement challenges persist, necessitating stronger administrative and institutional support for effective access to justice.
Interfaith Marriage Registration: A Philosophical and Sociological Legal Review Karunia, Cindy Armelia; Sutarni, Nanik; Wiedhar Saputri, Ananda Megha
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.49060

Abstract

This research aims to analyze the legal implications of a recent judicial policy concerning the registration of interfaith marriages from philosophical and sociological perspectives. The issue of interfaith marriage is among the most complex legal debates, as it intersects with positive law, religious norms, and human rights principles. The issuance of a judicial circular restricting the granting of interfaith marriage registration applications has generated significant controversy and raised questions regarding legal certainty, justice, and social effectiveness. The research method employed was normative legal research  utilizing statutory, conceptual, and case approaches. The statutory approach examined relevant legislation on marriage and population administration; the conceptual approach explored theories of legal certainty, justice, and legal utility; and the case approach analyzed judicial practices concerning interfaith marriage registration. The novelty  of this research lies in its integrated philosophical and sociological legal analysis of judicial policy, not merely assessing its juridical validity but also examining its broader social implications for civil rights protection and population administration. This research provides a multidimensional evaluation that connects normative conflicts with empirical societal realities. Based on the research, it concluded that the judicial policy is juridically problematic due to its inconsistency with higher-level legislation still in force. Philosophically, it reflects an overemphasis on formal legal certainty at the expense of justice and legal utility. Sociologically, it has proven ineffective in preventing interfaith marriages and may generate new administrative and civil rights complications. Therefore, comprehensive statutory regulation is required to ensure legal clarity, justice, and social protection.
Harmonization of Civil Law and Sharia Principles in the Validity of Murabahah Contracts Elysa Wardhani, Novea
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51330

Abstract

The rapid growth of Sharia-based financial institutions in Indonesia, particularly Sharia Savings and Financing Cooperatives (Koperasi Simpan Pinjam dan Pembiayaan Syariah, or KSPPS), has elevated the importance of murabahah financing as a primary product for community economic empowerment. However, the implementation of murabahah contracts at KSPPS faces significant legal challenges arising from the divergence between Indonesia's civil law framework and Islamic Sharia principles. This study aims to analyze the harmonization of civil law and Sharia principles in the validity and dispute resolution of murabahah contracts within KSPPS. Employing a normative legal research method, this study utilized three approaches: the statute approach, the conceptual approach, and the case approach. Legal materials were gathered from primary sources including statutory regulations (KUHPerdata, Law No. 21/2008 on Islamic Banking, Law No. 3/2006 on Religious Courts), DSN-MUI fatwas, and the Compilation of Sharia Economic Law (KHES), as well as secondary sources comprising legal journals and academic literature. The novelty of this research lies in its dual-perspective analysis that integrates civil law doctrines with Sharia normative standards to evaluate murabahah contract validity, particularly in the KSPPS institutional context. The study finds that murabahah contracts are valid under civil law provided they satisfy Article 1320 of the Civil Code, while Sharia validity requires compliance with DSN-MUI Fatwa No. 04/2000, especially the prerequisite of actual goods ownership by KSPPS prior to sale. Harmonization is achieved through dual legal drafting, inclusion of forum selection clauses referring to Religious Courts or BASYARNAS, and the recognition of DSN-MUI fatwas as material legal sources in dispute resolution. This research contributes to the formulation of better regulatory policies for integrating civil law and Sharia principles in Islamic cooperative finance.
Strategic Adaptation of Micro, Small, and Medium Enterprises (MSMEs) to Business Competition Regulation Dynamics Tunggati, Melki T.; Suaib, Sri Olawaty Dj; Po’oe, Aurelia Laura Quartia; Andriansyah, Andriansyah
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.48232

Abstract

This study aimed to analyze the strategic adaptation of Micro, Small, and Medium Enterprises (MSMEs) in responding to the dynamics of business competition regulations within the context of digital economic transformation, as well as to evaluate the effectiveness of these adaptation strategies. The research employed a normative-empirical legal research method with a juridical-sociological approach. Primary data were collected through in-depth interviews, observations, and focus group discussions involving MSME actors, government officials, and relevant stakeholders, while secondary data consisted of laws and regulations, academic journals, policy documents, and official reports. The collected data were analyzed qualitatively using a triangulation technique to ensure data validity and analytical depth. The novelty of this research lay in the formulation of an integrative adaptation strategy model for MSMEs, which combined regulatory intelligence, digital–traditional hybridization, resilient collaboration, and sustainable innovation as key pillars in addressing regulatory and competitive pressures. The findings demonstrated that, despite limited understanding of business competition regulations, MSMEs were able to maintain resilience and achieve business growth through adaptive strategies supported by a strong local ecosystem, including government support, digital infrastructure, and social capital. The study concluded that effective adaptation to business competition regulation dynamics required not only legal compliance but also the ability of MSMEs to integrate regulatory awareness with digital capability development and collaborative networks. These findings emphasized the importance of responsive and inclusive policy frameworks oriented toward MSME empowerment in order to create healthy, fair, and sustainable business competition in the digital era.

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