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 818 Documents
 52   53   54   55   56 
De-Regulation of Criminal Law Provisions in Regional Regulations after the Criminal Codes Enactment Jamaludin, Ahmad
JURNAL AKTA Vol 10, No 4 (2023): December 2023
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.v10i4.33476

Abstract

Indonesia has various criminal provisions within the regional regulatory framework which cover many articles. In connection with this, the enactment of Law No. 1 of 2023 concerning the Criminal Code in 2025 will ensure compliance with all criminal regulations stipulated in regional regulations with statutory provisions. In this regard, the implementation of Law No. 1 of 2023 concerning the Criminal Code (KUHP), which is scheduled to come into effect in 2025, guarantees the submission of all criminal laws outlined in regional regulations to the provisions of that law. The aim of this research is to examine the existence of the terms crime and violation as well as the provisions for criminal sanctions in the existing regional regulatory framework after the enactment of Law No. 1 in 2023. This research uses a normative juridical methodology, using a statutory approach and a conceptual approach. This research concludes that to prevent disruption of legal harmonization in Regional Regulations, it is necessary to revise the legal provisions contained in Law No. 23 of 2014 concerning Regional Government and Law No. 12 of 2011 concerning the Formation of Legislative Regulations, in order to overcome potential ambiguity. Besides that, it is very important for the Regional Government to carry out a comprehensive inventory and evaluation of regional regulations that use the terms "Crime" and "Violation" and regulate the imposition of criminal sanctions in the form of imprisonment and fines. This step is very important to immediately begin the necessary preparations to amend these provisions and align them with the provisions outlined in Law No. 1 of 2023 concerning the Criminal Code as an effort to encourage legal harmonization within the framework of statutory regulations.
The Legal Consequences of Default in Consumer Financing with Fiduciary Guarantees by Debtors Khalisah Hayatuddin; Abdul Latif Mahfuz; Sanjaya Putra; Muhamad Sadi Is
JURNAL AKTA Vol 11, No 1 (2024): March 2024
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.v11i1.27868

Abstract

Providing the financing with a fiduciary charge will make it easy for the consumer. Not only they can get a loan, but they also retain possession of the collateral. However, if there is a default in consumer financing with a fiduciary guarantee by the debtor, it often creates legal consequences in practice. The focus of this paper is on legal consequences for parties who default on consumer financing with fiduciary guarantees. This type of normative research looks at legal provisions regarding creditor and debtor agreements on fiduciary guarantees. Thus, the conclusion was due to the law that there was a default in consumer financing with fiduciary guarantees that was able to collect bills. If repayment was not made, the creditor would sell collateral goods.
Legal Protection by Advocates for The Rights of Suspects in The Investigation Process of Criminal Cases Umi Enggarsasi
JURNAL AKTA Vol 10, No 4 (2023): December 2023
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.v10i4.36005

Abstract

In providing legal protection to a suspect, the implementation of Law Number 8 of 1981 concerning Criminal Procedure Law is crucial, especially at the investigation stage in a criminal case. At the interrogation stage, arbitrary actions often occur on the part of investigators against suspects suspected of being involved in criminal acts. This research explores the legal protection of suspects' rights in the process of examining criminal cases, with a focus on the role of advocates in accordance with the provisions of Law Number 8 of 1981 concerning Criminal Procedure Law. The interrogation stage in an investigation often becomes the focal point, where arbitrary actions on the part of investigators can threaten the suspect's rights. This research adopts a library research method with a normative juridical approach. The approach in this research involves library materials or secondary sources, which are then collected, analyzed and researched. Field studies were also carried out to obtain direct data regarding the protection of suspects' rights in the investigation process. The role of advocates in legal assistance at the investigation level has limitations regulated by Article 115 of the Criminal Procedure Code. These restrictions are a step to maintain the smoothness of the investigation process without any interference that could harm the interests of the state. Therefore, apart from advocates having a more passive role at this stage, the principle of legal protection for suspects remains the main focus in running the criminal justice system.
Mining Business Permit (IUP) Regulations & Policies That Provide Legal Certainty and Ease of Investing in the Mining Sector in Indonesia Wahyudi Siswanto
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.36577

Abstract

The promulgation of Law Number 23 of 2014 concerning Regional Government, revoked the authority of City/Regency Regional Governments in granting Mining Business Permits (IUP) and henceforth this authority was given by the Central Government to Provincial Governments. However, in practice, the implementation of this policy is still faced with many obstacles, including a lot of overlap in the granting of IUPs before the new policy was adopted. Therefore, it is important to offer a policy model for granting IUPs that provides more legal certainty and makes it easier to invest in the mining sector in Indonesia.
The Legal Protection of Homeworkers in The Perspective of Labor Copyright Law & Its Implementing Regulations Nuradi, Nuradi; Wijaya, Mustika Mega
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.37968

Abstract

Law No. 6 of 2023 was recently enacted in the hope of creating wider employment opportunities amidst intense global competition and the demands of economic globalization. The law regulates various aspects that aim to facilitate job creation through ease, protection, and empowerment for cooperatives and micro, small, and medium enterprises. In addition, the law also focuses on improving the investment ecosystem and accelerating the implementation of national strategic projects, and aims to improve the protection and welfare of home-based workers. For this reason, despite all the pros and cons of the issuance of Law Number 6 Year 2023 and its implementing regulations, it is recommended that the Government issue a regulation that specifically provides legal protection to homeworkers. The formulation and implementation of such a regulation should include the introduction and understanding of homeworkers as formal workers as well as informal workers; the policy direction of empowering homeworkers; the expansion of social protection for homeworkers; the development of homeworking and homeworkers as potential actors of micro and small businesses; and promoting the importance of gender equality and non-discrimination in the industrial relations between homeworkers and the parties. This research uses a normative juridical analysis approach. The results of this study found that in this context, the introduction, protection and empowerment of homeworkers and the development of homeworking can be one of the job creation strategies based on the real potential of the community economy that has been growing for a long time along with the development of an increasingly educated, advanced and innovative society.
The Law Enforcement in Indonesia: Progressive Legal Perspectives and Islamic Law Hendrix Adinata; Nanik Prasetyoningsih
JURNAL AKTA Vol 10, No 4 (2023): December 2023
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.v10i4.35172

Abstract

Many law enforcement in Indonesia adhere to a positivistic legal paradigm, namely interpreting the law textually from articles written in statutory regulations only. Meanwhile, in society, there are positive values and religious norms that are often ignored and violated in law enforcement. This normative juridical legal research aims to find out and analyze how law enforcement in Indonesia is viewed from the perspective of progressive law and Islamic law. The research results show that progressive law can be a solution and alternative for law enforcement that can reflect society's values of justice. To uphold the values of justice in society, law enforcement officials must have a progressive perspective that frees them from the shackles of legal formalities. Meanwhile, from the perspective of Islamic law, law enforcement is carried out using the ijtihad method to resolve the cases faced fairly and to satisfy the parties seeking justice. Ijtihad must be carried out by a mujtahid who has fulfilled the requirements and has the authority and competence to uphold Islamic law. Ijtihad is also a way to make Islamic law have the same characteristics as progressive law so that its existence can be accepted in every era, regardless of place.
The Strategic Role of Fatwa DSN-MUI in the Development of Islamic Banking in Indonesia: An Analysis of Banking Regulations and Products Based on the Provisions of Islamic Law Zikra, Alfiandi; Nasution, Muhammad Syukri Albani; Siregar, Ramadhan Syahmedi
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.36187

Abstract

This journal discusses the role of the Indonesian Ulema Council (MUI) and the birth of Bank Muamalat Indonesia (BMI) as the first step in the establishment of Islamic banks in Indonesia. Bank Muamalat became a pioneer, followed by other Islamic banks. The focus is on the DSN-MUI fatwa which has a strategic role in shaping Islamic banking regulations and products, especially related to the collection and distribution of funds. This research uses descriptive qualitative methods with secondary data from related journals and books. The DSN-MUI fatwa is an important guideline for Islamic financial institutions in Indonesia. The analysis reveals that DSN-MUI plays a central role in dealing with the problems of Islamic banking practices. The research presents the background of the birth of DSN-MUI, the method of fatwa determination, and various fatwa products covering banking products, capital markets, Islamic insurance, export/import, and others. There are 116 fatwas that help form the legal basis of Islamic banking in Indonesia. This study underlines the importance of synchronization between fatwa as theory and practice in the field, especially in the collection and distribution of Islamic banking funds.
The Legal Protection for The Parties Due to The Issuance of Overlapping Land Certificates (Decision Study Number: 1 K/PDT/2021) Ayu Sri Adinda, I Gusti; Kurniawan, I Gede Agus
JURNAL AKTA Vol 11, No 2 (2024): June 2024
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.v11i2.37475

Abstract

The agrarian conflicts have increased in Indonesia throughout 2022, there have been 497 cases of criminalization of agrarian conflicts, namely land disputes experienced by land rights fighters in various parts of the country. This research was conducted to find solutions to developing problems and find out the study of norms in Cassation Decision Number: 1 K / Pdt / 2021. The problem of buying and selling land that raises disputes is quite widely experienced by the community, related to taxes and forgery of both identity and certificates, especially in areas where the security system is inadequate. This also triggers a dispute in the form of overlapping certificates, because this overlap is only known if one party feels aggrieved. Theoretically, this research can help provide information about legal protection for parties due to the issuance of overlapping land certificates, as well as legal rules governing legal protection for parties due to the issuance of overlapping land certificates and become one of the contributions of academic thinking to develop legal science, especially business law, land law and land registration. This research can contribute to the addition of knowledge in the study of civil law studies, especially business law, land law and land registration can provide input and consideration for taking policies, especially those related to land law and land registration.
Legal Protection of Patients Victims of Medical Malpractice in Indonesia Reviewed Based On Civil Law & Health Laws Eunike Putri Emmanuella; Dwi Aryanti Ramadhani
JURNAL AKTA Vol 10, No 2 (2023): June 2023
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.v10i2.34021

Abstract

This research examines the legal protection of patients who are victims of medical malpractice in Indonesia, focusing on civil and health law aspects. In the context of medical practice, medical malpractice is interpreted as negligence or errors that may harm patients. While legal regulations provide protection for patients, their implementation poses challenges, particularly in cases of medical malpractice. Using a normative legal research method, this study analyzes the legal provisions found in Law Number 29 of 2004 concerning the practice of medicine, Law Number 36 of 2009 concerning Health, and Law Number 36 of 2014 concerning health professionals. Additionally, the study considers judicial decisions related to medical malpractice cases in Indonesia. The research findings indicate that patients who are victims of medical malpractice have the right to claim civil damages against the responsible doctor or healthcare institution. Such claims may be based on tort and breach of contract, encompassing the neglect of medical service standards and failure to fulfill therapeutic contract obligations. Civil liability also involves hospitals, which bear responsibility for medical actions performed by healthcare professionals under their jurisdiction. The concept of respondeat superior liability is applied, whereby hospitals can be held accountable for mistakes made by their employees. In conclusion, patients have legal protection against medical malpractice based on existing regulations. However, challenges persist in the implementation and proof of tortious and contractual breaches. Therefore, this research contributes to understanding the legal aspects related to patient protection in the context of medical malpractice in Indonesia.
Implementation of Restorative Justice in Settlement of Criminal Actions in the Criminal System in Indonesia Syarifuddin, Syarifuddin; Purba, Indra Gunawan; Putra, Panca Sarjana
JURNAL AKTA Vol 11, No 1 (2024): March 2024
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.v11i1.34516

Abstract

Resolving several years of criminal offenses using a "restorative justice" mechanism has been hotly discussed recently. Restorative justice or restorative justice is the process of resolving criminal acts. This criminal problem resolution model involves all parties to find justice and restore the situation between the perpetrator and the victim. One of the functions of law is as "a tool of dispute settlement", various disputes can occur in society. As for the ways of resolving disputes in a society, some are resolved through formal institutions called courts. Resolving criminal acts through restorative justice is carried out from the level of investigation and investigation at the police to the prosecutor's office. These two law enforcement agencies have regulated the process and procedures for resolving criminal acts through restorative justice mechanisms. So it is hoped that this settlement model can reduce the number of cases handled by the courts, as well as reduce the burden of state costs for resolving criminal acts. Restorative justice is regulated in the Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice and Article 1 number 1 of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. In these two regulations, the resolution of criminal cases by prioritizing restorative justice emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of criminal acts that is not oriented towards retribution. This is an effort to reform the criminal justice system in order to realize the goals of just law. There are several criminal justice system models in the world, Control Criminal Model, Doe process of law Model and Family model, of course this justice system will be able to determine what resolution is appropriate to the criminal justice system, which is closer to restorative justice is the family model, a family approach resolving criminal cases by deliberation and consensus as intended by the fourth principle of Pancasila. A justice system with a family model involving all parties accommodates the interests of all parties, so that the original situation is restored after the case between the perpetrator and the victim. Basically, the model for resolving criminal cases outside of court, which carries the spirit of restorative justice, began to be implemented in the mid-1970s. One model for resolving criminal cases outside of court based on restorative justice is the Victim Offenders Mediation (VOM) program. The VOM program was first implemented in 1970 in North America and Europe such as Norway and Finland. VOM is a process that provides the victim's willingness as the subject of crime and violence to meet with the perpetrator, in a safe and orderly atmosphere with the aim of making the perpetrator directly responsible in the form of compensation to the victim.

Page 54 of 82 | Total Record : 818

 52   53   54   55   56 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 13, No 1 (2026): March 2026 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