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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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The Characteristics Contract of Syirkah Mudharabah Agreement in The Establishment of a Limited Liability Company Martoyo, Martoyo; bin Haji Matali, Azme; Eri Safira, Martha
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.v11i2.38005

Abstract

This research is that the forms of business entities in Indonesia and Brunei Darussalam still don’t accommodate a company system based on the provisions of Islamic law, but still rely on agreements underlying the parties in business activities that revolve around a particular product. The integration of Sharia principles in the contract to establish a business entity shows superior values that can be used as guidelines for company management based on Sharia principles. This research aims to find the characteristics contract of syirkah mudharabah contracts which can be used as a form of developing cooperation in agreements to establish limited liability companies. This paper uses normative research methods with a statutory and conceptual approach. The results of this research show that the characteristics of the syirkah mudharabah contract in establishing a limited liability company include 4 (four) things, namely the legal subject or position of the parties in establishing the limited liability company, business capital managed, distribution of profits and losses from collaboration results, and responsibility limited capital owners. This research contributes new findings related to the contracts used in establishing limited liability companies to make them more effective and in line with current Sharia business conditions.
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Nadirah, Ida; Medaline, Onny; Sahari, Alpi; Koto, Ismail
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.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
Legal Reconstruction in Risk-Based Business Licensing Procedures for Indonesia’s Economic Growth Kunarto, Kunarto; Jha, Gautam Kumar
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.v9i4.35399

Abstract

Economic development is the most important thing in the nation’s progress because the community’s welfare is one indicator of the success of the development. Therefore, one of the government’s efforts in economic development is to prepare good legal instruments in the form of licensing regulations. Licensing is an instrument of government policy to control negative externalizations that social and economic activities may cause. Through Government Regulation No. 24 of 2018 concerning Electronically Integrated Business Licensing Services, all forms of business, including in the regions, must go through the OSS system. However, there are still many problems in its implementation. This paper describes the implementation of risk-based licensing through the OSS system in growing the Indonesian economy. In addition, this paper will describe the challenges, obstacles, and solutions to overcome these problems. The results showed that implementing risk-based licensing through the OSS system went well and received a positive response from the community, especially business actors. Online-based licensing management can reduce time, cost, and effort. Then to overcome these obstacles, the government continues to strive and improve, including monitoring, infrastructure development, mentoring, and enhancing human resources.
Integration of Islamic Law and Customary Law on Inheritance (Case Study in Tanjung Pura District, Langkat Regency) Akmaluddin Syahputra; Khalid Khalid
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.v11i2.36257

Abstract

This study discusses the integration between Islamic Law and Customary Law in the context of inheritance distribution in Tanjung Pura District, Langkat Regency. With an in-depth case study, this research presents an in-depth understanding of inheritance practices, the role of Islamic Law, and adaptation to local values. The results highlight the alignment of inheritance division with the principles of Islamic Law, while Customary Law also plays a role in shaping the norms that influence this process. It was found that the integration of these two legal systems is manifested in inheritance practices, which reflect tolerance, deliberation, and settlements that consider family values. Nonetheless, disagreements and divergent views on wills and property division were also identified, illustrating the dynamics and complexities of harmonizing these two legal systems. This study contributes to the understanding of how local communities integrate legal and customary aspects in managing inheritance, creating a balance between Islamic norms and local values passed down from generation to generation.
The Malpractice Administration Procedure in the Vortex of Crime: An Indonesian Perspective and Its Comparison with Other Countries Yeni Nuraeni; Alfies Sihombing Sihombing
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.v11i2.34556

Abstract

Medical malpractice has become a complex issue that extends to criminal law, having serious implications for health practitioners and patients. The legal argument in determining the elements of negligence and medical malpractice is based on the difference in interpretation between ordinary criminal offenses regulated in the KUHP and medical criminal offenses. Th e aim of this study is to explain the theory and legal analysis related to the handling of medical malpractice cases in Indonesia and its comparison with other countries. This research uses normative juridic methods. The outcome of this study is the need for reforms in handling alleged medical malpractice cases in Indonesia by considering the paradigms and concepts of other countries to protect patient rights and improve the quality of health services in reducing the risk of malpractice in Indonesia.
Potential Utilisation and Distribution of Professional Zakat at the Ministry of Religious Affairs of North Sumatra Syabrun Jukhoir; Ansari Yamamah; Mhd Yadi Harahap
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.v10i4.35097

Abstract

The National Amil Zakat Agency is given the authority as the national zakat manager, and also has the right to verify the establishment of Amil Zakat Institutions and Zakat Collection Units, this is stated in Law No. 23 of 2011, Professional Zakat in the perspective of this Law, there is an affirmation that professional zakat has been officially and legally, binding and juridically institutionalised in Indonesian regulations.  Civil Servants are a source of zakat income for the National Amil Zakat Agency at the Ministry of Religious Affairs of North Sumatra Province. This study aims to analyse the potential utilization and distribution of professional zakat and management in the management of zakat for the profession of Civil Servants in the National Amil Zakat Agency, as well as to analyse the supporting and inhibiting factors in zakat management research. The method in this research is descriptive qualitative research. Data collection techniques are interviews, observation, and documentation, as well as literature studies through national journals. National Amil Zakat Agency information data about the potential utilisation and distribution of professional zakat. Conclusion The results of the study convey that one of the potential utilisation and distribution of professional zakat has not been carried out effectively due to the absence of an independent control board in the structure of the National Amil Zakat Agency and the less than optimal implementation of professional zakat collection with supporting factors and solutions to existing obstacles in professional zakat management activities.
The Legal Validity of the Civil Servant Appointment Decree as Collateral in a Credit Agreement Yohana Veronica Carolin; Abdul Salam
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.v11i1.35762

Abstract

All A Decree on the Appointment of Civil Servants is a decree regarding the appointment of Civil Servants issued by a Civil Service Supervisory Officer who has special privileges in the field of civil law. Banks provide credit services to the public whose implementation requires collateral. The approach method that will be used in this research is the normative juridical approach method. This Civil Servant Decree is not part of a securities, because the owner has special privileges which contain legal certainty that the civil servant will receive a fixed salary. Banks as credit providers at this time need to apply appropriate analysis in providing credit to civil servants and the civil servant's decision letter is used as collateral, where later the loan given will be adjusted to the civil servant's salary and the time period determined by the parties. The research results show that the PNS Decree has permanent legal force because it is in the form of a valid decision but cannot be traded, the PNS Decree has economic value in the form of a guarantee of legal certainty that civil servants will receive a definite salary every month. The bank can also ask for liability by default where the bank can ask for compensation, cancellation of the agreement, and fulfillment of achievements plus interest for existing losses. Banks need to apply the principle of prudence in providing credit to their customers. The good faith of customers in paying off their credit if they are no longer civil servants is an important point in this accountability.
Supervision and Law Enforcement of Business Competition in the Digital Industry (Case Study of Predatory Pricing Practices in the TikTok Shop) Nurmal, Ireina Rahayanti
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.v11i1.37129

Abstract

The one of problems that should be resolved is predatory pricing that occurs in the digital industry which is always in the spotlight in Indonesian society. KPPU is an independent institution established based on Law No. 5 of 1999 concerning the prohibition of monopoly and unfair business competition which has the authority to supervise and enforce legal business competition practices. The KPPU was asked to be more proactive in investigating predatory pricing in e-commerce, one of which is TikTok Shop. The entry of imported goods in the TikTok Shop which are sold at prices much lower than the cost of local products and flash sale platforms is troubling MSME business actors because it can kill the MSME market which will be the focus of the discussion in this research. The national economic system, which includes elements of business competition, has not been built under the standards of prosperous and fair business competition. Regulations governing business competition in the digital industry must also be carefully considered. KPPU still faces big problems with predatory pricing. Because the market is different from conventional industries, current rules may need to be adjusted to stop anti-competitive practices. E-commerce regulations are still lacking to ensure law enforcement against false pricing practices. The TikTok Shop case is a valuable lesson for authorities and other stakeholders in facing new challenges emerging in the digital industry. Competitors affected by this practice may experience significant financial losses, while customers may benefit in the short term, but in the long term they are at risk.
Alternative Settlement of Medical Malpractice Cases in The Perspective of Legal Sociology Adil Akhyar
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.v11i1.37358

Abstract

Medical malpractice always gets the spotlight or complaints and catches the law enforcement officials as a mistake made by doctors, midwives, nurses, pharmacists or hospitals. In fact, it is not uncommon for cases like this to be exposed in the mass media and other social media, as if the suspect suspected of committing malpractice had indeed committed the act (Media as a Pre-Court). In addition to requiring proof and the opinion of experts in their field, a health practitioner is a noble occupation, so good name is also valuable in carrying out their activities as health practitioners. Cases of suspected medical malpractice are rarely examined in terms of causality (cause and effect), whereas reviewing other actions as a cause and effect of the alleged malpractice is important, which is why it is necessary to use Restorative Justice before taking action, especially in cases of medical malpractice. This paper describes the existence of the Restorative System in the Indonesian judicial system as a concept that is very relevant if used to resolve cases related to health practitioners and good name in carrying out their profession. This paper is conceptual with descriptive analysis method. It can be concluded that the Restorative system in the settlement of Malpractice cases is a way out of the problems and trauma faced by health practitioners as a win-win solution in the face of claims or demands against them.
The Experience of Political Office as a Reason for Proficiency Khalid Khalid
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.v10i3.33881

Abstract

President or Vice President and under the age of 40, they must have experience in serving as an elected official through elections, such as members of the DPR, DPD members, DPRD members, Governors, Regents, or Mayors. However, this rule does not apply to directly appointed officials, such as acting or acting officials. Candidates who fall under the category of appointed officials can run for President or Vice President after reaching the age of 40. The existing secondary data collected was also analyzed using the inductive method. Subtilitas intellegendi or the accuracy of understanding and accuracy of explanation of the problem (subtilitas explicandi) of the problem is very relevant to resolving legal issues in this study. In running for a regional head position, it is important to demonstrate maturity and integrity. Focus on experience, a deep understanding of local issues, and concrete plans to move the region forward. Avoid provocative rhetoric and ensure your communications reflect professionalism and responsibility. Capacity to act and authority to act both relate to the event of taking legal action. Legal action is an everyday event, in social life establishing relationships with other members of society.  Because legal actions are everyday actions carried out by humans, it is necessary to regulate the capacity and authority to act.

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