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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 818 Documents
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Legal Reconstruction of Land Ownership Restrictions on Business Use Rights to Plantation Companies Reviewed from the Perspective of Social Justice Rahim, Abd.; Eddy, Triono; Nadhirah, Ida
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39198

Abstract

This study discusses the legal reconstruction related to the restriction of land ownership of the Right to Use (HGU) by plantation companies from the perspective of social justice. The concentration of land ownership by large corporations often results in injustice for local communities and small farmers. The study aims to identify key issues in current HGU regulation and propose legal measures that can support a more equitable distribution of land as well as the recognition of the rights of indigenous and local peoples. The research method used is a normative study with a legislative approach and public policy analysis. The data used includes laws and regulations, academic literature, and reports from various related institutions. The results of the study show that it is necessary to limit the maximum area of HGU that can be owned by plantation companies, accelerate the agrarian reform program, and increase transparency and public participation in the process of granting HGU. In addition, stricter supervision and effective law enforcement are also very important to prevent abuse of business use rights. This study concludes that legal reconstruction that prioritizes the principle of social justice can reduce the land ownership gap and improve community welfare. The recommendations submitted are expected to be the basis for policymakers in formulating fairer and more sustainable regulations in the agrarian sector.Keywords: Land; Ulayat; Use; Effort.
Parenting by Parents Who Work in Traditional Market, Perak District, Jombang Regency in the Perspectives of Law No. 23 of 2002 concerning Child Protection Salwa Azyyati; Habibi Al Amin
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.38837

Abstract

Children are a trust given by Allah, as a trust, the entrusted parents must take good care of their children by caring, nurturing, and providing everything that keeps the child cared for in accordance with the expectations of the trustee. The obligation of both parents to their children is what efforts must be made by parents in meeting the needs of children in all fields. Not only meeting physical needs, such as providing for food or daily meals, parents are also required to educate their children from an early age. In Indonesia, the obligations of parents to children have been regulated in Law No. 23 of 2002 in article 26 paragraph (1) stating that parents are obliged and responsible to nurture, maintain, educate, and protect children, grow and develop children in accordance with their interests and talents, prevent children from marrying at an early age, provide character education and instill children's ethical values. This research is a field research using an empirical juridical law approach with qualitative research methods. The results of the study stated that the parenting pattern of parents who work at the Perak Traditional Market Lapak, Perak District, Jombang Regency uses (1) the Perak Traditional Market Community or the Perak Village Community uses three democratic, authoritarian, and permissive parenting styles. And there are still many finding parenting patterns that are not appropriate because parents are less able to divide their time. 
Land Charges in Fund Loan Agreements with Uncertified Land Guarantee is Linked to Law No. 42 of 1999 Concerning Fiduciary Guarantees Wira Franciska
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.40063

Abstract

With the exit of Act Number 6 Year 1996 concerning Rights Responsibility of Land Ground Along with Objects related to Land Ground, Rights Responsibility is the single guarantee institute of land; ground. Object Rights Responsibility is obliged to enlist beforehand or have. Lower him ability of land owner debtor economics which is not yet certified, whereas certificate expense which is relatively costly, requires a guarantee institute which does not oblige guarantee object enlisted before hand. Fiduciary as guarantee institute expected to be able to overcome the problems. Fiduciary has gone into effect as guarantee institute of land; ground which not yet. This matter can be seen in Decision Appellate Court Number 3216/K/Perd/1984 28 July 1986 contending that land following house which in of unclear him of rights status of earning isn't it. This matter becomes a new problem which requires to look for soybean cake how legal consequences that happened when this moment there is an agreement of guarantee of fiduciary with land ground guarantee object which not yet.
Legal Certainty of an Electronic Deed Made by A Notary Moh Ali; Anisa Solekha
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.38448

Abstract

Technology and information that are increasingly advanced and growing rapidly during the industrial revolution 4.0 and society 5.0 today can affect the performance of Notaries. One of them is the idea of implementing a cyber notary, especially an electronic notary deed that can be a solution for Notaries to be able to carry out their duties accurately, quickly, and up-to-date. Opportunities for implementing a cyber notary are contained in the general explanation of Article 15 paragraph (3) of the UUJN regarding cyber notaries, as well as the opportunity to conduct teleconferences/ videoconferences contained in Article 77 of the Company Law. Paragraph (4) letter b, so it must remain in the form of the original notarial deed in the form of paper and not in electronic form. In addition, the general explanation of the UUJN is also different from its body which requires making an appearance or meeting directly with a notary, reading the deed before the parties, keeping the deed secret from other parties who are not interested, etc. So it is necessary to have a uniform legal basis or provide a legal umbrella so that a cyber notary in the form of an electronic deed can be carried out by a notary. The purpose of the research is to find out and find the concept of future arrangements related to the making of an electronic notary deed in order to better guarantee legal certainty and legal protection for the community. The research method used is normative juridical or descriptive literature law research. The results of the research are that Indonesia must implement technological developments and IT systems related to cyber notaries to be able to carry out their duties and authorities, change the substance of articles that hinder the implementation of cyber notaries, delete article 5 paragraph 4 letter b. So that cyber notaries related to electronic deeds can be implemented and have legal certainty and protection.
The Enforcement of Copyright Law in the Field of Music and/or Song in the Framework of Digital Economic Development Heru Mario; Mompang Lycurgus Panggabean; Rusdin Tahir
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39829

Abstract

The authorities (government) are obliged to strive to provide legal certainty to their citizens in a practical juridical manner by implementing copyright law enforcement in the field of music and/or songs in the context of developing the digital economy, therefore, in order for these ideals to be achieved, citizens need knowledge of statutory regulations, especially the Law. RI Number 28 of 2014 concerning Copyright. The use of the internet in this digital economic era has increased drastically as evidenced by the rise or development of digital platforms which are mushrooming in Indonesia, apart from providing a good economic impact but also having the impact of violating copyright law, therefore problems arise (1) Is Copyright Law Enforcement in Indonesia based on positive law (Ius constitutum) is in accordance with the principles of justice and the welfare state, and (2) Why protection and fulfillment of copyright for music and/or song creators in the digital economy era must be carried out according to the Pancasila philosophy, and (3) How configuration of music and/or song copyright for the advancement of the digital economy in Indonesia as ius constituendum. This writing uses normative legal research methods, with descriptive research type and uses qualitative data analysis methods. Discussion about law enforcement, especially regarding complaints and differences with reports, what legal problems there are, what the advantages and disadvantages are. This writing will be useful so that the authorities can make new regulations so that in the future regulations will follow developments in the digital economic era
The Urgency of Regulation of Data Protection for the Parties in Cyber Notary Octarina, Nynda Fatmawati; Fernanda, Fadila; Dewi, Fironika Tri Asni; Adjie, Habib
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39748

Abstract

Notary is a public official authorized to make authentic deeds and have other authorities. In carrying out his duties and authority, the Notary must be able to maintain the confidentiality of every data of the parties in the deed he makes. parties in the deed he makes. The principle of confidentiality that has been regulated in UUJN Article 16 paragraph (1) letter f has the potential to clash with the concept of Cyber Notary, which has also been contained in notary concept which has also been contained in UUJN Article 15 paragraph (3) which in its explanation states explanation states that one of the other powers of Notary referred to is the authority to certify transactions conducted electronically (Cyber Notary). The authority of Notary in Cyber Notary has drawn pros and cons in various circles. various circles. The problem arises when in the implementation of Cyber Notary uses the services of third parties to build up to the maintenance of the Cyber Notary electronic system. Thus, there will be a third party. Thus, there will be a third party who can access all deeds in the system. This means that the data parties are no longer a secret of the notary and are no longer in accordance with the principle of confidentiality that requires the notary to in accordance with the principle of confidentiality that requires the Notary to maintain its confidentiality as it has been applied so far. This research will examine the implementation of the principle of Notary confidentiality and the urgency of regulating the protection of parties' data in Cyber Notary to prevent notaries from being sued in the future. This research uses a normative legal research method with a statue approach and conceptual approach. The results showed that the need for Cyber Notary must be in line with the regulation of data protection of the parties in the Cyber Notary because UUJN has provided rules that the Notary is obliged to keep confidential everything about the Deed he makes and all information obtained to protect the parties' data.
Legal Problems Against the Notary Who Made a Deed of Sale and Purchase Agreement on Illegal Fishing R. Juli Moertiono
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39816

Abstract

Law enforcement in the fisheries sector faces significant challenges with the rise of illegal fishing practices which are detrimental to marine ecosystems and the country's economy. In this context, the role of notaries as public officials who have the authority to make authentic deeds is crucial, especially when they are involved in making sale and purchase agreement deeds related to illegal activities. Legal problems arise when a notary, either intentionally or through negligence, makes a deed that facilitates illegal fishing transactions, which indirectly provides legal legitimacy to this unlawful activity. The notary's obligation to verify documents and ensure the legality of the activity that is the object of the deed is a crucial point in preventing legal violations. However, if the notary fails to carry out his obligations, this can lead to legal consequences for the notary, either in the form of administrative sanctions or criminal charges. This research aims to analyze the legal responsibilities of notaries in making sales and purchase agreement deeds related to illegal fishing, as well as exploring the legal implications and preventive steps that can be taken to prevent notaries' involvement in supporting illegal practices. Through normative analysis, this research finds that there is a need to increase supervision of notary practices and enforce strict sanctions to prevent abuse of notary authority in the context of illegal transactions.
Conflict of Interest by Director Which Also Act as Liquidator for Company Liquidation Process Gaffar, Arif
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39751

Abstract

This article delves into the complexities surrounding conflicts of interest faced by directors involved in company liquidation processes. Furthermore, the article also examines the legal and ethical dimensions of such conflicts, considering the director's fiduciary duties and responsibilities to act in the best interests of the company, shareholders, and creditors. Conflicts may arise when directors have personal interests or relationships that diverge from their duty to prioritize the company's welfare. The abstract underscores the significance of transparency, disclosure, and adherence to corporate governance principles in navigating these conflicts effectively. Through an analysis of relevant regulation frameworks, this article examines insights into identifying conflicts of interest within the Company, especially when the Director are appointed as the liquidator.
Juridical Analysis of the Implementation of Consumer Protection Legislation in Digital Transactions Nur Amalia Abbas; Lazarus Tri S; Nabitatus Sa’adah
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.38450

Abstract

Seeing the many conveniences presented by the internet, it is not surprising that Indonesia has recently continued to experience the development of online businesses ranging from small to large businesses. The development of technology in the business world has certainly encouraged the emergence of e-commerce using digital transactions. Digital transactions are transactions carried out by utilizing the internet. However, the widespread use of digital transactions is inseparable from the problems that occur such as fraud. This problem indicates that digital transactions carry significant risks.  The method used is normative juridical research, where in this research data analysis is carried out based on literature relevant to consumer protection. The results obtained are that consumer protection is an important right and needs to be a concern of the government. Consumer protection needs to be tightened due to threats in the form of defective products, inaccurate information, and one-sided terms
Criminal Policy on the Implementation of Penalties for Combating Sexual Violence in the Indonesian Criminal Law System Sri Wahyuni Laia; Mompang Lycurgus Panggabean
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39874

Abstract

Sexual violence is a prevalent issue in various societies, transcending time and space, affecting environments such as family, education, community, professional, and social settings. The threat to vulnerable individuals, especially women, induces a universal sense of fear. Violence against women is not limited to physical acts or threats but also includes psychological and social harm. This study employs a legal sociology approach, a legislative approach, and a conceptual approach, with a descriptive research specification aimed at obtaining a complete picture or description of the prevailing legal conditions in a particular place, the existing legal phenomena, or specific legal events occurring in society. The primary data used in this research is obtained directly from informants or resource persons. Additionally, secondary data is used, consisting of primary legal materials, secondary legal materials, and tertiary legal materials, collected through literature studies as supporting data that provide explanations for the primary data. Data collection techniques include interviews and document studies, analyzed qualitatively. Historically, criminal policy concerning sexual violence within the Indonesian criminal law system has existed since Indonesia's independence and continues to this day. However, addressing the legal substance is not sufficient; its implementation requires strengthening the legal structure and legal culture

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