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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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Navigating Legal Transformation: Challenges and Prospects of Cybernotary in Enhancing Public Service Efficiency in Indonesia Lestari, Sulistyani Eka; Thoif, Mokh; Widodo, Teguh Endi; Minan, Minan
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40781

Abstract

The concept of cybernotary represents a transformative shift in the notary's role in the digital era, utilizing technology to enhance the efficiency and accessibility of legal services in Indonesia. While cyber notary holds potential for supporting the digitalization of notarial services and meeting the demands of modern society, its implementation in Indonesia encounters significant challenges, particularly in regulatory alignment and limited digital infrastructure. This study aims to provide a deeper understanding of how cyber notary supports the transformation of public services, making them faster, more efficient, and transparent, as well as to identify obstacles that must be overcome to achieve optimal implementation within state institutions. This research employs a qualitative approach, aimed at uncovering an in-depth understanding of e-Notarization's role in strengthening the digitalization process and enhancing the effectiveness of public services by state institutions. From a regulatory perspective, although there is a legal basis permitting electronic transactions, adequate technical and operational guidelines are still lacking to ensure smooth implementation. These challenges are particularly apparent in provisions requiring physical presence for the validation of signatures and fingerprints, which restrict the flexibility of notaries in serving the public digitally. As a result, these regulations constitute a principal barrier to the goals of cyber notary in delivering faster, more efficient, and more accessible legal services.
Rethinking Religious Freedom in the Frame of the First Principle of Pancasila and Human Rights Law Meliyani Sidiqah
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.41139

Abstract

Freedom of religion is a fundamental human right that cannot be revoked by any authority, including the state. However, the reality demonstrates that acts of intolerance and discrimination persist, perpetrated not only by individuals within society but also by state officials and law enforcement officers against certain communities. These actions undermine the realization of religious freedom. The implementation of this right practically lacks adequate protection from the state. The core issue lies in the interpretation of human existence and the role of religion, and the understanding of religious freedom in Indonesia. This article seeks to deepen the comprehension of human existence and religion while uncovering the obscured dimensions of religious freedom in the Indonesian context. This study employs normative juridical research with an interdisciplinary approach, examining secondary data. The findings indicate that humans and freedom are inherently connected. Religion offers individuals freedom, while humans, in turn, embody sacred values. Religion is not a tool to secure basic services from the state. Indonesia must protect human rights so that everyone can practice religious freedom. Indonesia must foster an atmosphere of tolerance, while also promoting a high level of democracy to all sectors of society through self-reflection as individuals seek personal freedom.
Problematics of Legal Politics in the Formation of Legislation in Indonesia Ali Yusran Gea
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.42042

Abstract

Legal Politics of Legislation experiences problems both in terms of formation, political aspects, philosophical aspects, sociology and juridical aspects so that the formation of Legislation is greatly influenced by the tug-of-war of interests, both the political interests of the executive power, the political interests of the legislative power and the political interests of the judiciary. The legal implications related to the existence of Legal Politics problems in the formation of Legislation give birth to Legislation that is not of good quality so that the law enforcement process experiences a decline and is not legal certainty. Legislation as the basis for every implementation of government activities where Legislation is a part or subsystem of the legal system. The process of forming Legislation is part of the legal political process and plays a significant role in the development of national law. The formation of Legislation both in the planning, drafting, and discussion stages of the draft Legislation really needs the active role of the community. The problematic factors of legal politics in the formation of legislation include Legal Factors and Non-Legal Factors where legal factors include those that are contrary to the Constitution [1945 Constitution], contrary to the law, overlapping, contrary to legal norms and procedures that are contrary to Law No. 12 of 2011 concerning the Formation of Legislation, while non-legal factors include political factors, economic factors, social factors and cultural factors. Apart from legal and non-legal factors, the content of the legislation is also far from philosophical, sociological and juridical values.
Two Systems, One Concept of Comparative Analysis of Dutch Noodwer and Indonesian Forced Defense Izzah Audina; Ifahda Pratama Hapsari
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40735

Abstract

This study comparatively analyzes the concept of noodweer in Dutch criminal law and forced defense in the Indonesian Criminal Code. Using a qualitative analysis method with a normative and comparative juridical approach, this study examines the differences and similarities between the two concepts, as well as their implications in legal practice. The results show that there are significant differences in interpretation and application, although there are similarities in basic principles. The Netherlands tends to adopt a broader and more flexible interpretation of noodweer, reflecting its emphasis on individual rights. In contrast, Indonesia applies a stricter interpretation to forced defense, which can be understood as an attempt to strengthen the role of the state in conflict resolution. These differences are influenced by historical, socio-cultural factors and the development of each country's justice system. The implications are seen in law enforcement and the protection of individual rights. The Dutch approach offers greater flexibility in handling complex cases, while the Indonesian approach provides clearer guidance for law enforcement officials. The study also explores the challenges and prospects for harmonizing the concept of forced defence internationally, concluding that there are opportunities for partial convergence through the development of international minimum standards and increased knowledge exchange between countries.
Constitutional Law Reform to Realize Inclusive Higher Education for Persons with Disabilities Sapsudin, Asep; Qohar, Hendri Abdul
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40699

Abstract

Inclusive and equitable higher education is an urgency that cannot be overlooked, especially in efforts to guarantee the human rights of persons with disabilities. Legal reform is essential to create an educational environment that supports equal access, as mandated by Law No. 8 of 2016 and Government Regulation No. 13 of 2020. The persistent barriers, such as physical, social, and non-adaptive curricula, lead to inequitable access for persons with disabilities in higher education institutions. This reform is not only crucial to protect their rights but also to encourage their participation in broader social and economic development. This study aims to analyze the implementation of legal reform policies in creating inclusive access to higher education for persons with disabilities, as well as to identify the challenges still faced. The research employs a normative juridical method. The study finds that constitutional legal reform in Indonesia aims to ensure equal access to higher education for persons with disabilities through inclusive and non-discriminatory policies. Through regulations such as Law No. 8 of 2016 and Government Regulation No. 13 of 2020, the state is committed to providing disability-friendly facilities and adaptive curricula. This approach ensures that the rights of persons with disabilities are protected, allowing them to fully participate in higher education.
Indonesia vs. Thailand: Legal Challenges in Sustainable Agriculture Ampuan Situmeang; Nipon Sohheng; Ninne Zahara Silviani; Shenti Agustini; Shelvi Rusdiana
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.v11i3.38355

Abstract

Agriculture, as a significant contributor to carbon emissions and climate change, needs to not only change its ways to a more sustainable practice but also revisit what has long been considered conventional agriculture practices to support sustainable development. This requires a comprehensive legal framework to ensure that the transition to sustainable agriculture is supported by structured and streamlined legal compliance that can balance stakeholders’ interests. Employing the comparative legal research method, this study aims to analyze the potentials and challenges of applying sustainability in agriculture, using the comparison between Indonesia and Thailand. The findings of this study suggest that Indonesia’s legal framework for sustainable agriculture, focusing on its single Sustainable Agriculture Law, is more comprehensive than Thailand’s multiple regulations, effectively supporting sustainability across various agricultural processes. This framework aligns well with SDGs 2, 12, 13, and 15, which are crucial for agricultural sustainability. Conversely, Thailand faces challenges due to normative gaps and requires a more unified legal framework to address these SDGs adequately.
The Corporate Legal Responsibility for The Leak of Personal Data of Application Consumers in Indonesia Gesa Bimantara; Tri Astuti Handayani; Muhammad Ainul Yaqin Al Irsyad
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.41409

Abstract

The importance of using identity in the form of personal data in all activities related to the fulfillment of rights encourages someone to provide personal data information. Voluntary and mandatory giving is a shame for individuals who seek more profit by using someone's personal data without the permission of the owner of the personal data concerned. The scope and formulation of this research problem focuses on the use of personal data without permission which can be qualified as a criminal offense and what criminal responsibility there is for perpetrators who use personal data without permission. The method used in this writing is the juridical-normative-conceptual legal research method. Research shows that the use of personal data without permission is a criminal offense by fulfilling the elements of general criminal regulations and related special regulations below. In Indonesia, criminal responsibility for perpetrators still does not have specific regulations regarding the imposition of criminal sanctions, so that responsibility is contained in separate regulations. The separate regulations contain several aspects of the protection of a person's personal data in general. The imposition of a crime against a corporation and/or its management does not preclude the possibility of a criminal being imposed on other perpetrators who, based on the provisions of the Law, are proven to be involved in the crime. Based on this research, the government, as the protector and guarantor of citizens' rights regarding the importance of personal data, must immediately ratify the Draft Law on Personal Data Protection for the sake of legal certainty.
Navigating the Complexities of Cellular Therapy Patents: Regulatory Challenges, Ethical Implications, and Global Trends Raymond R Tjandrawinata; Henry Soelistyo Budi
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.40933

Abstract

New ways of therapeutic methods have now altered modern medicine. Modern cellular therapies, from stem cell and CAR-T therapies to CRISPR-based gene editing therapy, provide new ways to tackle difficult-to-treat diseases. These breakthrough therapies bring a complex web of regulatory, ethical, and legal challenges. These are also in relation to intellectual property. The patenting of such therapies raises a multitude of unresolved questions ranging from the challenges of balancing innovation with access and ensuring equity while incentivizing research to navigating the complex global patent systems. This article aims to investigate the diverse regulatory frameworks for patenting cellular therapy in major jurisdictions. Discussions on ethical concerns regarding the modification of human cells and seeks to balance innovation with access to life-saving treatments will be done at great length. This paper will also provide insight into the potential evolution of the global patent system to address the distinctive challenges posed by cellular therapies. Key cases and providing forward-thinking recommendations will also be discussed.
Legal Protection for Fixed-Term Employment Contract Patterns based on Law No. 6 of 2023 on The Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation Mario, Heru; Panggabean, Mompang L
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.39986

Abstract

Legal Protection for Fixed-Term Employment Contract Patterns based on the Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law is an interesting topic to study to provide the public with information regarding Fixed-Term Employment Contracts. This is because the sector of Fixed-Term Employment Contracts plays a very important role for workers in determining their welfare. The research method used is qualitative, with secondary legal sources utilizing normative and empirical legal research. The data obtained from the research show that both the government and society play a crucial role in shaping and supervising labor law policies. Legal protection for workers in Fixed-Term Employment Contracts must be fair and balanced between Fixed-Term and Permanent Employment Contract Workers. However, in the government's efforts to protect the workforce, there are still obstacles. It can be concluded that the regulation of Fixed-Term Employment Contracts in various laws and regulations reflects the government's ability to protect its people. These regulations must continuously be improved in accordance with the changing times, and oversight from the public is necessary as a control function to ensure that the latest regulations aim for the welfare of the people.
Fiduciary Guarantee Registration Implementation Through Electronic (Online System) in Indonesia Satory, Agus; Ahmad, Sufmi Dasco; Nugraha, Roby Satya
JURNAL AKTA Vol 11, No 4 (2024): December 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.v11i4.41689

Abstract

The aim of this research is to analyze the implementation of electronic fiduciary registration in Indonesia and to analyze the factors that support and hinder the implementation of electronic fiduciary registration. The research methods taken in this study is a normative juridical approach supported by empirical data. Fiduciary as a guarantee institution is regulated in Law No. 42 of 1999 concerning Fiduciary Guarantees and followed up with Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee Deeds. Fiduciary registration cannot be separated from fiduciary collateral because fiduciary registration results in guaranteed legal certainty for creditors and interested parties. However, until now there are still many fiduciary guarantees that are not registered because many things have become obstacles in the registration process for fiduciary guarantees. To overcome the obstacles that occur in daily practice both those that occur in bank financing institutions and non-bank financing institutions (leasing) and notaries in registration of fiduciary guarantees, then the government made a new breakthrough by increasing the service of registration of fiduciary guarantees easily, quickly, and at low cost, namely by conducting electronic fiduciary registration services.

Page 63 of 82 | Total Record : 818

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