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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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The Non-Profit Nature in Doubt in The Operation of Foundations Panjaitan, Tulus Abadi; Gultom, Muhammad Arifin; Ramlan, Ramlan
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.v11i3.40264

Abstract

This research aims to analyze the legal aspects of business activities carried out by foundations, especially in the education and health sectors, which should be based on non-profit principles. Foundations, as legal entities with separated wealth, have the authority to participate in business activities to support the achievement of their goals in the social, religious and humanitarian fields. However, foundations are required to adhere to the non-profit principle and not pursue personal gain. The writing method in this research uses a normative juridical approach with descriptive analysis of laws and practices related to foundations. The novelty of this research lies in the legal study of foundations that establish or operate commercial businesses, particularly in the education and health sectors, which often contradict the basic principles of foundations as non-profit entities. Although foundations can generate economic benefits from their business activities, this raises serious legal challenges regarding the foundation's legal status. This research concludes that foundations that are more focused on economic and commercial objectives may be declared in violation of their founding principles and potentially receive legal sanctions, including dissolution, if proven to conduct activities that prioritize commercial aspects over their social mission. As such, this research provides an important contribution in understanding the legal consequences for foundations that deviate from the social, religious, or humanitarian purposes for which they were established.
The Existence and Fund Management of Indigenous Dayak Taman Community in Sibau Hilir Village from Legal Perspective Puspita, Riza; Sari, Devina Puspita
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.v11i4.41600

Abstract

Fund management is one of the strategies carried out to maintain the cultural heritage of the Dayak tribe, especially the Taman Kapuas Dayak. However, along with changing times and modernization, the challenges in managing funds are increasingly complex. Problems such as lack of transparency, accountability and community participation are issues that need attention. In this context. This research aims to dig deeper into how Dayak indigenous community funds are managed and distributed. The research method used in this research is descriptive empirical juridical research. The results of this research are based on field facts obtained from direct interviews, then they will be described in detail and analyzed qualitatively. The results of this analysis will be expressed in written form sourced from primary and secondary data. Research findings show that the management and distribution of Dayak traditional community funds is carried out by the traditional head as the sole role in the traditional institution. Traditional leaders have an important role in managing and distributing traditional funds in their territory. The source of these customary funds comes entirely from the government. The distribution of funds to indigenous communities is carried out through the implementation of traditional rituals where the funds come from voluntary donations from indigenous communities and customary treasuries. This shows the differences in fund management systems in traditional institutions and business entities. The main difference lies in the obligations of the community/members. In traditional institutions there is no obligation for the community to spend their funds, whereas in business entities there is an obligation for members to carry out mandatory contributions. The big challenge currently faced is maintaining cultural heritage in light of the many social changes that are occurring and customs outside the traditional environment that are starting to influence local cultural customs.
Strengthening the Deposit Insurance Corporation (LPS) with Authority as the Executor of the Restructuring Program (PRP) Novira, Elyana
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.v11i4.40956

Abstract

Public trust in banking is an important foundation for maintaining financial system stability. The formation of the Deposit Insurance Corporation (LPS) in Indonesia aims to protect customer funds and ensure the banking system's stability. This research aims to evaluate the effectiveness of LPS authority in implementing the Banking Restructuring Program (PRP) as mandated by Law No. 9 of 2016. The method used is descriptive analysis with a qualitative approach based on literature review and secondary data, including related regulations, the role of LPS in Indonesia, and comparisons with similar institutions in other countries. The research results show that LPS's authority, such as taking over problematic bank assets, providing liquidity, and implementing restructuring, has increased financial stability. However, challenges in the form of moral hazard are still the main issue. In addition, the success of LPS is highly dependent on the support of a strong legal framework and cooperation between financial institutions. In conclusion, strengthening LPS in implementing PRP can be an effective financial stabilization model, but it requires strict supervision to minimize negative impacts. The implications of this research highlight the importance of integrated policies between the government and the banking sector in facing potential crises in the future
Sentencing in Narcotics Criminal Offenses from the Perspective of Certainty and Justice Laia, Sri Wahyuni; 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.v11i4.39987

Abstract

This study investigates the sentencing practices in narcotics criminal cases, focusing on whether they align with the principles of legal certainty and justice. The central aim is to examine whether judges' rulings in such cases uphold the legal norms established in existing legislation, particularly in relation to mandatory minimum sentences and the cumulative imposition of penalties, such as imprisonment and fines. The research employs a normative or doctrinal legal method, analyzing legal statutes, court decisions, and legal commentaries related to narcotics offenses. By scrutinizing the sentencing framework, the study seeks to understand how legal norms influence judicial discretion and the extent to which sentencing practices maintain consistency with established laws. A key focus is on the potential discrepancies between in abstracto (legislation) and in concreto (court rulings), particularly when judges deviate from the minimum sentencing guidelines. This research is significant as it explores the balance between strict legal enforcement and the need for justice that considers the circumstances of each case. The findings are expected to contribute to ongoing discussions on legal reform, helping to develop a sentencing system that is both fair and consistent, ensuring that legal certainty and justice are upheld in narcotics-related offenses.
Comparative Mediation and Arbitration in Civil Dispute Resolution in Indonesia Naisabur, Nanang
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.v11i4.41664

Abstract

The increasing number of civil disputes in Indonesia has created an urgency to find more effective dispute resolution methods to alleviate the burden on the judiciary. This study aims to compare the effectiveness of mediation and arbitration in dispute resolution, as regulated by Supreme Court Regulation No. 1 of 2016 and Law No. 30 of 1999. The normative juridical method was chosen to analyze the relevant legal framework to understand the strengths, weaknesses, and legal impacts of these two methods. This analysis also includes Roscoe Pound’s theory of legal efficiency and Satjipto Rahardjo’s progressive law approach, which emphasizes the importance of legal adaptability. Through this approach, the study is expected to provide comprehensive insights to assist legal practitioners, business actors, and the public in selecting the most appropriate method for efficiently resolving civil disputes. The research finds that mediation and arbitration have distinct advantages in resolving civil disputes in Indonesia; mediation is effective for maintaining relationships and cost-efficiency, while arbitration provides legal certainty with final decisions. Mediation, though fast, relies on formal agreements to be binding, whereas arbitration is more costly and does not permit appeals except under certain circumstances. Understanding these strengths and limitations helps stakeholders choose the most appropriate method to achieve substantive justice and efficiency in practice.
Defining Legal Contours of Digital Identity Theft Tantimin, Tantimin; Febriyani, Emiliya; Agustianto, Agustianto; Hutauruk, Rufinus Hotmaulana
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.v11i3.38263

Abstract

The proliferation of digital technology has challenged the traditional understanding of identity and subsequently brings forth its own unique legal implications. Identity theft as a crime that has existed even before this development has also brought its own unique legal implications, particularly in the realm of criminal law. Using normative legal research method, this research aims to establish the boundaries around digital identity theft, to distinguish it from the traditional identity theft, to provide a more relevant and robust understanding of its criminality within the digital age. Results of this study highlight the gaps in Indonesia's current legal framework, emphasizing the need for a revised approach that distinctly addresses the complexities of digital identity theft. The research proposes a model of normative development aimed at refining legal definitions and enhancing enforcement mechanisms to better combat this modern crime. This model seeks to provide a more relevant and robust legal framework, ensuring that the legal system is responsive and adaptive to the challenges posed by digital advancements.
The Principles of Good Faith in E-Contract Financial Technology Kusumastuti, Dora; Sutoyo, Sutoyo
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.v11i4.40060

Abstract

This research discusses the Principle of Good Faith in E-Contract Financial Technology, which is a relatively new type of agreement in Indonesia. An e-contract can be formed when there is an agreement or mutual consent between the parties involved in the contract during its drafting. The existence of an e-contract is a new development in modern contract types, requiring appropriate regulation based on clear legal foundations. However, in practice, current regulations are not yet able to fully protect the parties involved in e-contracts. Therefore, in the creation of e-contracts, it is necessary to have a controlling mechanism based on moral values and conscience, commonly known as the principle of good faith, to support the principle of freedom of contract. The principle of good faith is considered the most important (super eminent principle) in contracts. Given the various issues that arise, this research aims to discuss the importance of the principle of good faith in e-contract financial technology. This subject research is E-Contract Financial Technology, method research used is normative juridical, with data sourced from secondary data, analyzed using deductive logic. The research results indicate that the principle of good faith needs to be applied and instilled in the parties involved in the contract, namely business actors, in this case, fintech providers, and consumers as fintech users. This principle ensures that the contract's substance is carried out based on solid trust or confidence, as well as the good will of the parties involved. By applying the principle of good faith to the parties involved, the risk of wanprestatie on the part of any party can be minimized, as there is already a foundation of trust and good will.
The Development of Punishment in Indonesian Criminal Law Darmawan, Iwan; Nugraha, Roby Satya; Sihombing, Alfies 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.v11i4.41309

Abstract

With the birth of Law Number 1 of 2023 concerning the Criminal Code, it gives great hope for the development of punishment and punishment in Indonesian Criminal Law, which in turn gives hope for the fulfillment of a sense of public justice and the establishment of criminal law that guarantees legal protection from the threat of criminal offenders who can endanger the survival of the nation and state. Efforts to fundamentally reform the Indonesian criminal law have been carried out by reforming Law Number 1 of 2023 concerning the Criminal Code. The purpose of this study is to explain in detail that the development of punishment and punishment in Indonesian criminal law has undergone a fairly long development covering the Dutch colonial period, the independence period and post-independence. In the period before independence, the development of Indonesian Criminal Law was only limited to the colonial period or the Dutch colonization period. This research uses normative juridical research method. The conclusion that can be stated is that in the period before the Dutch colonization, the development of Indonesian Criminal Law was included in the scope of the Ancient Nusantara Criminal Law contained in the Ancient Nusantara Law Books originating from the period of kingdoms in the archipelago. This research finally recommends that in addition to the ancient Indonesian criminal law originating from the period of kingdoms in the archipelago, there is also customary criminal law spread throughout Indonesia.
The Role of Islamic Ethics in Shaping Public Policies for Sustainable Industrialization Mariane, Ine; Kusnadi, Iwan Henri; Jamaludin, Maun
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.v10i4.43401

Abstract

The industrialization framework affects both the environment and society, yielding benefits such as reducing unemployment and improving welfare, but also causing environmental damage like water and air pollution. This research analyzes how public policies on environmental orientation in industrialization impact social-economic and ecological balance, environmental quality, and sustainable development in Bandung, Indonesia, from the perspective of Islamic principles. A quantitative methodology was employed, sampling 106 individuals, including entrepreneurs, civil servants, environmental specialists and public policy experts, and religious leaders from Bandung. A survey measured opinions on the balance of socio- economic and ecological factors related to industrialization with environmental quality and sustainability, all within the framework of Islamic teachings on stewardship (khalifah) and social justice (adl). Using Structural Equation Modeling (SEM), the findings revealed that industrialization significantly impacts social-economic balance, environmental balance, environmental quality, and sustainable development. These findings underscore the importance of balancing economic growth with environmental sustainability and advocate for policies grounded in religious values to achieve this balance.
The Contribution of Cash Waqf in Improving Programs in the Field of Education (Study at the International Islamic University (IIUM Endowment Fund) Malaysia) Arifani, Devina; Rozihan, Rozihan
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.v11i4.42854

Abstract

Waqf is one of the financial instruments in Islam that has great potential to support various sectors, especially in the field of education. Education is one of the main pillars in community development. With the increasing need for quality education, adequate resources are very important. However, many educational institutions, including IIUM, face challenges in terms of funding. This is where cash Waqf can make a significant contribution. This study aims to analyze the Contribution of Cash Waqf in Improving Programs in the Field of Education (Study at the International Islamic University (IIUM Endowment Fund) Malaysia). The research method used is a qualitative descriptive analytical method. The results of this study are that Waqf has great potential in improving the welfare of Muslims and even reaching non-Muslims, not only infrastructure development but also improving education because the principles of Waqf and knowledge must be continuous and must not run out.

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