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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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Transformation of Islamic Law into a Political Historical Law Foundation Nasir, Ahmad; 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.v11i2.36232

Abstract

This research aims to analyze the transformation of Islamic law into the foundation of law formation in Indonesia from a historical and political perspective. By using the approaches of Neo-Receptie In Complexu Theory, Maqasid Shari'ah, Max Weber's Socio Legal, and Constructivist Ijtimai Theory, this research identifies the dynamics of political configuration between governments and their influence on the formalization of Islamic law in Indonesia. The main focus is on how Islamic sharia changes from symbolic to substantive in the national legal framework. The method used is qualitative analysis with a historical and political approach, integrating legal and social theories. Literature and document studies were also involved for an in-depth understanding of the topic. The results show that the formalization of Islamic sharia in Indonesia is strongly influenced by the changing political configuration throughout history, starting from the era of Islamic kingdoms, colonialism, to reform. The shift from symbolic to substantive Islam allowed for wider participation of Muslims in socio-political life, reflecting a shift towards inclusiveness without threatening diversity and national unity. The transformation of Islamic law into positive law in Indonesia is the result of a dynamic process influenced by historical and political contexts. Constructivist Ijtimai Theory, with its focus on inclusive dialog and community participation, provides a framework for understanding and promoting this transformation. The research suggests that to achieve substantive Islamic political goals, Islamic political activists should adopt an inclusive approach, utilizing all channels including the bureaucracy in voicing their political aspirations.
PPAT's Obligation in Providing Free Services to Indigent People Ilham Ilham; Sudirman Sudirman; Wahyudi Umar; Ismi Fadjriah Hamzah
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.v11i2.37247

Abstract

PPAT Temporarily must provide free services to people who are unable to obtain an Authentic Deed of land rights or property rights to flats, which is strong evidence in the legal process. However, existing regulations governing this matter can lead to multiple interpretations and incomplete documentation requirements, making it difficult for Land Deed Making Officials (PPAT) to fulfill their obligations. Therefore, the application of standardization by PPAT depends on the interpretation of each individual, because it is not regulated in applicable regulations. This study aims to analyze regulations, literature, and interviews with PPAT to find out how they fulfill their responsibilities. This research used normative legal research which reveals that misinterpretation is caused by two factors, namely the absence of criteria to determine a person's incompetence and the imprecise requirements to guarantee its accuracy. The conclusion show better provide services to the community, it is necessary to establish clear criteria and standards for individuals who are unable to carry out legal actions in the field of land and flats.
The Legal Protection of Fiduciary Guarantee Recipients & Resolution of Tort Disputes in the Fiduciary Guarantee Agreement at PT Astrido Pacific Finance Indah Pratiwi Widyaningrum
JURNAL AKTA Vol 10, No 3 (2023): September 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.v10i3.34104

Abstract

This research aims to examine the legal protection mechanism for recipients of fiduciary guarantees, such as PT Astrido Pacific Finance, in their business practices and to analyze the mechanism for resolving default disputes that can arise in fiduciary guarantee agreements. This research uses normative juridical research methods with a descriptive approach. The data used is secondary data consisting of primary and secondary legal materials. The results of this research show the importance of clarity in laws and regulations related to fiduciary guarantees to provide strong legal protection for recipients of fiduciary guarantees. In addition, a good understanding of the mechanism for resolving default disputes is needed to maintain stability and fairness in fiduciary transactions. It is hoped that the results of this research will provide guidance for PT Astrido Pacific Finance and contribute to the development of legal science in Indonesia.
The Notary as a Digital Mediator is Not a Degradation of the Notary's Function Pangestu, Dimas Aditya
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.v11i1.35761

Abstract

Dispute resolution in Indonesian law is carried out in two ways, namely litigation settlement and alternative dispute resolution or out of court. In the course of their duties, notaries often to act as mediators before the disputing parties. However, for deep and substantial dispute resolution, the notary is not a party the authority to give a decision or sentence. It is the judge or certified mediator who is authorized to give a decision or sentence on a legal dispute. A notary's duties in dispute resolution are limited to witnessing and certifying documents. These duties are currently facilitated by technological developments, namely through the e-notary, e-signature and certification authority systems. The digitalisation of notaries certainly facilitates the work of notaries, but it does not mean reducing the functions of existing notaries.
Reconciling Conflicting Norms: Addressing Patentability Challenges in Indonesia's Virtual Workspaces Sudirman, Lu; Disemadi, Hari Sutra
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.v11i1.35694

Abstract

This research is done to analyze the nature of virtual workspace, which is increasingly becoming an important part of tech development around the world. Analysis is done to uncover the IPR elements of virtual workspaces and how these elements affect the patentability of virtual workspaces. Through the normative legal research method. Analysis of this research finds that the Indonesian Patent Law grossly undermines the capability and the importance of computer programming, through various normative restrictions. Instead, the Indonesian legal framework presents the Copyrights Law as the viable option, which in essence was made to protect creations that don’t necessarily involve problem solving, unlike the Patent Law. This finding is important as it fills the research gap on the analysis of virtual workspace not just as a cybersecurity topic but also as a possible patent, particularly in Indonesia’s intellectual property rights (IPR) legal framework.
Juvenile Social Media Hate Crime and Community Safety: Indonesia’s Constitutional Overview and Restorative Justice Challenges Abdurrakhman Alhakim; Eko Nurisman; Tantimin Tantimin
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.v11i2.35724

Abstract

This study aims to analyze the emerging juvenile criminal trend within social media usage. Utilizing normative legal research method, this study focuses on the potentials and challenges of employing restorative justice for juvenile hate crime offenders. Analysis supported by statutory approach found that Indonesia normatively supports youth development but doesn’t specifically connect the restorative justice approach with the concept of community safety. Through the statutory approach, this study also found that there’s no recognition on the different nature of hate crimes, especially among youth, which could have different and unique negative effects on community safety. These findings serve the purpose of expanding the literature and providing deeper insights for the development of legal framework to support the application of restorative justice approach in Indonesia, by expanding it to include concept of community safety.
The Philosophy of "Habonaron Do Bona" as Anti-Corruption Conduct in the Simalungun Tribe Society Purba, Indra Gunawan
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.v10i4.33870

Abstract

Corruption is an extraordinary crime, so this crime is already an enemy of all countries. Many countries later ratified the United Nations Convention Against Corruption (UNCAC). Indonesia is one of them through Law Number 7 of 2006. Corrupt behavior later made it more difficult to eradicate corruption. Corrupt behavior exists in each individual person. It may not be realized that the behavior seems to be normal and eventually it is considered normal and, unfortunately, it is then considered correct. Even though culture or religion never teaches things that make one's actions despicable. Habonaron Do Bona is the philosophy of life of the Simalungun tribe, one of the ethnic groups of thousands of ethnic groups in Indonesia. The Simalungun tribe holds firmly and instills this philosophy into the community so that every person who has a Simalungun ethnicity is embedded in the philosophy of Habonaron Do Bona in his heart, whether consciously or unconsciously this philosophy becomes the life guide for people who are Simalungun in living their lives and lives. This philosophy later became the jargon of Simalungun Regency, one of the districts in the North Sumatra Province of Indonesia, where the Simalungun tribe lives and originates. Habonaron Do Bona is a philosophy that is defined as "truth is the basis of everything" which means that the philosophy of Habonaron Do Bona is anti-untrue teachings, which if it is associated with corrupt behavior, the philosophy of Habonaron Do Bona is anti-corruption teachings that have been passed down by the ancestors of the Simalungun tribe which is interesting to research. Of course, this research will discuss how the philosophy of "Habonaron Do Bona" as a form of anti-corruption behavior held by the Simalungun tribe community has been inherited by the predecessors of the Simalungun tribe.
Analysis of Maslahah Mursalah Comparison of the Settlement of Sharia Insurance Contracts at National Sharia Arbitration Board and the Indonesian Insurance Mediation and Abitration Agency Sativa, Annisa; Ansari, Ansari; Panjaitan, Budi Sastra
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.v11i1.34091

Abstract

This paper aims to share knowledge and provide another point of view regarding the view of Maslahah Mursalah Analysis of Comparative Settlement of Sharia Insurance Contracts at National Sharia Arbitration Board and the Indonesian Insurance Mediation and Abitrase Agency. Insurance is defined as a reasonable (fair) transfer of the risk of loss, from 1 (one) entity to another entity. And to guarantee and resolve insurance disputes, of course, requires an institution that is willing to take over the risks of the community, both individual risks and group risks caused. The two institutions discussed are National Sharia Arbitration Board and Indonesian Insurance Mediation and Arbitration Agency. The problems to be discussed in this research are about how the comparison of the binding force of the decision of the National Sharia Arbitration Board and the Indonesian Insurance Mediation and Arbitration Board (Indonesian Insurance Mediation and Arbitration Agency) in the Settlement of Sharia Insurance Contract Disputes, and how the dispute resolution by Indonesian Insurance Mediation and Arbitration Agency and National Sharia Arbitration Board and the Maslahah Mursalah review of the nonlitigation mediation. In this research the author uses normative legal research. The research uses literature as a reference, namely books or journals and supporting materials that discuss these two institutions. And the results of the research in this paper are the two institutions intended to resolve insurance disputes, namely National Sharia Arbitration Board and Indonesian Insurance Mediation and Arbitration Agency. Disputes are resolved by National Sharia Arbitration Board if the dispute cannot be resolved by internal deliberation by the insurance company. While disputes are resolved by Indonesian Insurance Mediation and Arbitration Agency, namely if the insured has a dispute with the insurance company and cannot reach a settlement of the dispute. The two institutions have permanent legal force.
Implementation of Legal Protection of Children from Violence through Child Protection Institutions in North Sumatra Atika Sandra Dewi; Asmuni Asmuni; Budi Sastra Panjaitan
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.v11i1.35993

Abstract

This research is a legal research related to the implementation of the North Sumatra Child Protection Agency (LPA) in preventing violence against children in North Sumatra Province. This research was conducted using a qualitative research model (mode of inquiry) and included as field research (empirical). This research uses a statutory approach, case approach, normative approach, and conceptual approach. The results of the study found that the role of the North Sumatra Child Protection Agency (LPA) towards children as victims of violence in North Sumatra is currently running well, it's just not optimal and still has obstacles both from internal and external. LPA Provisnsi currently gave birth to the Sekampung Child Protection Movement Program (GPAS), as a strategy to protect children's growth and development and prevent delinquency and child abuse from an early age. To the government, it should reconstruct the legal protection of children based on prosperity, through; First, Law Number 11 of 2012 concerning the Child Criminal Justice System Article 55, paragraph (3); related to scheduling children's trials, and Second, Law Number 35 of 2014 concerning Child Protection, Article 88: related to punishment "imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp.150,000,000 (one hundred and fifty million rupiah) and a maximum of Rp.5,000,000,000 (five) billion".
Legal Protection of Heirs in the Disbursement of Inheritance Assets (A Case Study of District Court Decision Number 218/Pdt.G/2021/PN.Dps) Tumbel, Cindy Valencya; Priadharsana, I Made
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.v11i2.36841

Abstract

Inheritance is said to occur when someone has died. Arrangements for the distribution of property belonging to someone who has died to his heirs in Indonesia are regulated in inheritance law. The regulation of inheritance law in Indonesia is regulated according to Islamic Law and the Civil Code. For a person who adheres to Islam, he follows the provisions of Islamic inheritance law and other than that, he follows the provisions of the Civil Code. The problem of inheritance disputes is something that has occurred in the community due to the problem of fighting over who is the heir, unfair inheritance shares, or disbursement of testamentary property that takes a long time. In this paper, the author will discuss an inheritance case where the bank as the depository of the inheritance from the testator does not want to give it to the heirs. It is hoped that this writing will provide new knowledge to readers regarding the inheritance disbursement procedure in Indonesia.

Page 57 of 82 | Total Record : 818

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