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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
Arjuna Subject : -
Articles 818 Documents
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Exploring Business Opportunities in the Postponement of Debt Payment Obligations (PKPU) under Law No. 37 of 2004 on Bankruptcy Nainggolan, Bernard
JURNAL AKTA Vol 9, No 4 (2022): December 2022
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.v9i4.36018

Abstract

This research aims to analyze three legal issues related to the provisions within Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (UUK-PKPU), namely the short duration of the Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) time limit, the provisions regarding time limit constraints as a cause of the failure of debtor's reconciliation efforts with creditors, and legal protection for the debtor's interests to prevent bankruptcy. This study adopts a normative juridical research method relying on secondary data and literature studies. This normative system includes principles, norms, regulations, court decisions, agreements, and doctrines that represent the views or teachings of legal scholars. The research findings indicate that PKPU aims to provide protection to creditors and offer debtors the opportunity to propose reconciliation regarding their debts. Although the time limit is not the determinant of the failure of reconciliation efforts, it does influence the achievement of the PKPU process. The debtor's weak bargaining position and the inability to reach an optimal reconciliation agreement are major concerns. UUK-PKPU provides legal protection for debtors, but the tight time limit may hinder the achievement of PKPU objectives. The implications of this research highlight the need for further review of PKPU time limit provisions to support the effectiveness of reconciliation efforts and protect debtor interests in avoiding bankruptcy.
The Urgency of Exclusive Rights Protection for Trademark Licensees in Indonesia Noorvicky, Rizky; Purwadi, Hari; Latifah, Emmy
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.v11i2.36905

Abstract

A trademark is essentially an exclusive right granted by Indonesian law to the licensee. But the facts are practically different from the circumstances where provisions made by bureaucracy no longer have authority as trademark licensees granted by trademark owners. With regard to the case under discussion, such important declaration of exclusive rights in the Letter of Authorization or authorization granted by the trademark owner whose registrar is through the Madrid Protocol to the licensee of trademark in Indonesia that is not recorded exclusively. This study aims to examine and analyze how the legal protection of the proprietor of the exclusive rights of the trademark under a licensing agreement and what the meaning of “exclusive rights” for the licensee of a trademark relates to the existence of a case of trademark infringement that is supposed to violate the provisions of Law No. 20 of 2016 on Trademarks and Geographical Indications. The research method used is normative jurisprudence. The findings of this study are that the weakness of the substance of legislation and the bureaucracy of law enforcement is unprofessional.
The Planning Omnibus Law of Worker in the Perspective of Modernization and Justice: A Flash Back Review Hono Sejati; Wieke Dewi Suryandari
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.v10i4.33788

Abstract

There are many overlapping regulations, and also the investment climate that is really needed to grow significantly in competition with the global world, of course to regulate this requires a regulation that can accommodate the many regulations that exist in Indonesia. Since Indonesia's independence in 1945, the government (executive and legislative) has produced laws and regulations to regulate society in the form of regeling (regulations) and beschikking (decisions). Due to the large number of overlapping regulations, many are then submitted for judicial review or testing of statutory regulations to the Constitutional Court of the Republic of Indonesia. Since the establishment of the Constitutional Court in 2003, many laws have been submitted to the Constitutional Court because they were deemed to be in conflict with the 1945 Constitution of the Republic of Indonesia. And it is true that these regulations have also been annulled by the Constitutional Court and deemed to be in conflict with the Constitution of the Republic of Indonesia.
Kinship System and Its Influence on Islamic Inheritance Law in Indonesia Turnip, Ibnu Radwan Siddik; Ningsih, Suria; Nurhayati, Nurhayati; Lubis, Risyad Fakar
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.v11i1.33673

Abstract

Kinship system known to indigenous peoples in Indonesia is divided into three parts namely patrilineal, matrilineal and parental system. Each tribe in Indonesia has its own inheritance system that is influenced by the kinship system, while on the other hand the indigenous people have also embraced Islam which of course should follow the pattern of Islamic inheritance. This paper will try to examine whether this kinship system still affects the resolution of the issue of inheritance for those who are already Muslims and whether this kinship system also affects the provisions of Islamic inheritance in Indonesia. This research is qualitative research using legal anthropological approach. The results showed that this kinship system still has an effect on the completion of inheritance in indigenous Islamic peoples in Indonesia such as Karo, Minangkabau and Javanese Islamic communities. In the development of Islamic inheritance in Indonesia, efforts to make the bilateral inheritance system are seen in some of the articles on the Compilation of Islamic Law (KHI) supported by Islamic law reformers in Indonesia.
Legal Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee Suryandari, Wieke Dewi; Tohari, Mohamad
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.v11i1.35907

Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
Criminal Policy in The Formulation of Article 523 Paragraphs 1 & 2 of Election Law No. 7 of 2017 Related to DPRD Elections Mahesa, Berlian; Panjaitan, Saut P; Achmad, Ruben
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.v11i2.36765

Abstract

Violations before elections committed by non-formal actors in mobilizing the masses are an interesting mechanism to discuss. This study aims to explain related to criminal policies against electoral criminal offenses in Article 523 paragraph 1 and Article 523 paragraph 2, factors that influence criminal policies in the implementation of Article 523 paragraphs 1 and 2 and criminal policies against electoral crimes Article 523 paragraph 1 and Article 523 paragraph 2 in the future. Research methods used in empirical normative research. The results of this study show that: First, criminal policies against electoral criminal violations in Article 523 paragraph 1 and Article 523 paragraph 2 can be pursued in various ways. Several ways that can be done as a form of criminal policy in solving the problem of electoral criminal violations in Article 523 paragraph 1 and Article 523 paragraph 2 include using penal methods, without using penal means (prevention without punishment) and efforts to form public opinion. Second, several factors that influence criminal policy in the implementation of Article 523 paragraphs 1 and 2 include the following: ineffective judicial implementation, unauthoritative laws, uncoordinated supervision and prevention and lack of participation from the public. Third, criminal threats in the electoral law were revised by changing criminal sanctions to administrative sanctions. Administrative sanctions are considered the most effective where the provision of sanctions will facilitate the enforcement of these norms and in turn we will see the usefulness or results of these laws and regulations. In addition, the inclusion of sanctions is also an effort to make someone comply with the provisions of laws and regulations.
Management of Waqf Land in Tanjung Morawa District According to Law Number 41 of 2004 (Analysis of Nazir Performance in Productive Waqf Development) Iqbal, Muhammad Nur; Arfa, Faisar Ananda; Irham, M. Iqbal
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.v11i2.38048

Abstract

The purpose of the research is to find out how the performance of Nazhir in the management of waqf land in Tanjung Morawa Subdistrict, to find out what are the steps taken by Nazhir in Tanjung Morawa Subdistrict in productive waqf management, and to find out what are the inhibiting factors for productive waqf management in Tanjung Morawa Subdistrict. The research conducted is social research. The research method used in this discussion is qualitative research method. The approach that the author uses in discussing this research is an empirical or sociological approach. The method of data collection carried out by the author is by means of field observation and examining the data sources that the author mentions, namely primary, secondary, and tertiary. The management of waqf land carried out by Nazhir in Tanjung Morawa District has not led to productive waqf, only limited to maintenance and utilization, In general, the management of waqf land in Tanjung Morawa District is still in the traditional and consumptive period, which is only effective in terms of social religion. The steps taken by Nazhir in developing waqf productively in Tanjung Morawa District are: The making of the baitul Mall box carried out by the Nazhir of the Shalatul falah mosque and the management of rice fields as a baitul mall carried out by Mr. Masduki in Punden Rejo Village, where the proceeds from the rice fields are used as a source of KAS income for the mosque and are also distributed to underprivileged people. factors that hinder the development of productive waqf in Tanjung Morawa District, including: The strength of the old understanding of Muslims regarding waqf management, Lack of socialization to Nazir and Nazirs who are not professional in carrying out productive waqf management.
Inheritance of Different Religions from the Perspective of Shaykh Yusuf Al-Qaradhawi Hutagaol, Khairul Hasbi; Purba, Zainal Arifin
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.v10i4.35236

Abstract

The provisions of inheritance in Islam are very clear, the provisions of the prohibition of inheritance between Muslims and non-Muslims have been agreed upon by classical jurists. The purpose of this study is to determine the Inheritance of Different Religions in the Perspective of Yusuf Al-Qaradhawi. This research uses descriptive analysis method. This type of research is qualitative then analysed normative juridical, namely by looking for the legal basis and regulations, by analysing the Supreme Court Decision Number 16K / AG / 2010, and Yusuf Al-Qardhawi's opinion in the book Fatwa Ma'ashira. problems that occur in families where the husband leaves an heir, namely a wife who is of a different religion from him, one of the obstacles for the heir to get his rights is due to different religious factors. The results of the study explain that according to Yusuf Al-Qaradhawi, inheritance of different religions can be given to heirs of different religions without the term mandatory will as has been determined by the Supreme Court decision Number: 16K / AG / 2010 related to the opinion of Yusuf Al-Qaradhawi about inheritance of different religions is supported by Ibn Taymiyyah.
The Handling of Credit Problems in Bank Financial Restruction S. Momoto, Shimada A.; Victoria, Ong Argo; Shimura, Kaukazu
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.v11i2.37052

Abstract

The effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.
The Corporate Liability as Perpetrator of Environmental Pollution Crime Putra, Panca Sarjana
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.v11i2.37463

Abstract

Corporations grow and develop according to the times, the principle of corporations with the smallest capital to get the maximum profit, making corporations can do anything to gain profits. Corporations are required to run their business in good faith, corporations that do not run their business in good faith can be held criminally liable. The increasing number of corporations as a global impact creates a special concern for environmental impacts. Almost every field of business, whether in mining, trade, industry, natural resource utilization and others, has the potential to cause pollution and damage to the environment. The opposition to the discourse of holding corporations accountable in criminal law has always been justified. The argument is also inseparable from the natural flows of criminal law, both the classical flow (daad strafrecht), the modern flow (dader strafrecht) and the neoclassical flow (daad-dader strafrecht) which only sees individuals as perpetrators or legal subjects. It is not necessary to prove the guilt committed by the Corporation in carrying out its business activities of using, producing, managing hazardous and toxic waste (B3), which as a result of the act poses a serious threat to environmental damage is a positive progress towards the development of criminal law politics in Indonesia. This research is normative juridical in the form of analysis regarding legal norms both international conventions and provisions of Indonesian positive law that regulate corporate liability as perpetrators of environmental pollution crimes. With the formulation of the problem, how is the regulation of environmental management crimes that can be committed by corporations and how is the criminal liability of corporations as perpetrators of environmental pollution crimes. The conclusion show that the Criminal Code (KUHP) only recognizes individuals as subjects of criminal law, while corporations have not been considered as subjects of criminal law. 

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