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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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Errors That Can Be Tolerated in Criminal Court Decisions Using A Doctrinal Approach Harmless Error in Order to Carry Out The Principles of Justice Susilo, Erwin; Negara, Dharma Setiawan
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43629

Abstract

A fair criminal trial is a fundamental pillar of the justice system, ensuring that substantive justice prevails over mere procedural correctness. This article explores the essential elements of criminal verdicts, particularly legal considerations and judicial rulings, as outlined in Article 197 of the Indonesian Criminal Procedure Code (KUHAP). It further analyzes judicial errors through the doctrinal approach of harmless error. In judicial practice, errors in a judge's decision can be categorized into substantial (harmful error) and non-substantial (harmless error). Substantial errors directly affect the defendant’s rights or compromise the integrity of the trial, potentially leading to a miscarriage of justice. In contrast, non-substantial errors are procedural or administrative in nature, meaning they do not significantly impact substantive justice or alter the final outcome of the case. The harmless error doctrine, originating from common law jurisdictions, has been adopted in various legal systems, including Indonesia, to balance trial efficiency with the pursuit of material truth. This doctrine prevents the unnecessary annulment of verdicts due to minor, non-prejudicial errors that do not affect the essence of justice. By recognizing the distinction between procedural irregularities and substantive violations, courts can uphold fair trials while minimizing delays caused by technical challenges. This research underscores the necessity of a criminal justice system that is simple, swift, and cost-effective, in line with the principles of justice in Indonesia. An efficient legal framework that embraces the harmless error doctrine ensures that the judicial process remains fair without being unnecessarily rigid. Ultimately, the legal system must remain justice-oriented, prioritizing substantive fairness over procedural perfection to uphold the rule of law and protect individual rights. 
Transition of Acehnese Legal Culture Towards the Implementation of Qonun on Sharia Finance with Islamic Law Analysis Khairul Azhar, Khairul
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43808

Abstract

This study aims to analyze the transition of the legal culture of the Acehnese people towards the implementation of Qanun Number 11 of 2018 concerning Islamic Financial Institutions (LKS). The implementation of this qanun is an important step in realizing a sharia-based financial system in Aceh, which has a Muslim majority population. The research method used is an inductive approach in qualitative research with the type of empirical legal research or socio-legal research, which aims to understand how the law operates in society. The three main approaches in this study are analysis of community responses, inhibiting and supporting factors, and the influence of changes in legal culture on the implementation of this qanun. The results of the study show that the implementation of the LKS Qanun received a positive response from the Acehnese people, with significant changes in legal culture, where people began to shift from conventional bank transactions to Islamic financial institutions. Support for this qanun cannot be separated from political factors, the culture of a Muslim majority society, and clear legal substance. However, there are several challenges, such as rejection from some people who feel disadvantaged, as well as limited facilities and infrastructure that are not yet fully ready. However, the changes in legal culture that have occurred have contributed to positive economic growth and the welfare of the Acehnese people. The implementation of this qanun has succeeded in becoming part of the Indonesian economic legal system and has the potential to be adapted by other regions with similar cultures. Thus, it can be concluded that the implementation of the LKS Qanun has succeeded in providing a positive impact on changing the legal culture in Aceh.
Reconstruction of Confiscation of Corruption Convicts' Assets in Restitution of State Financial Losses Islamic Law Analysis Najjar Alavi, Ivan; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43729

Abstract

Corruption is an extraordinary crime that harms state finances and hinders national development. One of the main strategies in eradicating corruption is the confiscation of assets resulting from criminal acts to recover state losses. However, the implementation of asset confiscation in Indonesia still faces various obstacles, including ineffective regulations, complicated legal procedures, and weak coordination between law enforcement agencies. This study analyzes the main obstacles in the implementation of asset confiscation based on positive law and Islamic law and formulates a legal reconstruction that can increase the effectiveness of asset recovery from corruption. This study uses a normative legal method with a descriptive-analytical approach, comparing applicable regulations and their implementation in Indonesia. The results of the study indicate that asset confiscation is not optimal due to the difficulty of proving the origin of assets, the use of third parties in hiding assets, and the absence of a Non-Conviction Based Asset Forfeiture (NCB) mechanism. From an Islamic legal perspective, confiscation of assets resulting from crime is in line with the principles of justice and welfare, as emphasized in QS. Al-Baqarah: 188 and the hadith of the Prophet Muhammad SAW which requires the return of property resulting from injustice. As a recommendation, this study proposes the implementation of the NCB mechanism, strengthening international cooperation in asset tracking, reforming evidence by shifting the burden of proof, and optimizing the management of confiscated assets for the public interest according to the principle of maslahah in Islamic law. With this approach, it is hoped that asset confiscation can become a more effective instrument in eradicating corruption and restoring state finances.
Problematics of The Influence of Islamic Law on The Order of Life of The Badui Community Pasaribu, Merry Roseline; Rizki, Rizki
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43613

Abstract

The Badui tribe is one of the tribes in Indonesia that has been able to maintain its customs until now and is a society that has closed itself off to a life that is completely advanced both in terms of technology and science. This research is a sociological juridical research by conducting field research and data collection was carried out using method of observation and interviews from the Badui Dalam and Badui Luar tribal communities. From the research results, it is clear that the inner Badui tribe maintains its customs and beautiful natural environment without being touched by outsiders, although this community does not close itself off from the influx of domestic tourists, but they have a strong order and obey the punun and impose punishments. It is clear that if one of the members of the Badui community violates customary rules by expelling a member of the family, he is not allowed to live in the Badui community anymore. The Badui community does not know what education is, so the children of the Badui tribe do not have formal education in school because it is prohibited, education can make a person dishonest, a fraud, a liar, nepotism and collusion which results in an atmosphere of preserving peace and binding customary harmony. However, the Badui children cannot write but can read, and now some are even able to speak Indonesian. Marriage is monogamous, there is no term for divorce and each couple is matched by both parents and the heirs are male and female children with equal portions. If there are adopted children, their position is the same as biological children, both in terms of inheritance, there is no influence of Islamic law. in the order of life of the inner Badui tribe.
The Concept of People's Sovereignty Towards The Appointment of The Ideal Acting Regional Head Hifdillah, Achmad Aldy; Negara, Tunggul Anshari Setia; Susmayanti, Riana
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43859

Abstract

This research aims to criticize the appointment of Acting Regional Heads as part of legal conflicts that are contrary to the constitution. The appointment of Acting Regional Heads who do not involve the people directly, causes a perception that people's sovereignty is sidelined for the sake of administrative efficiency. Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is above the Election Law and the regulations under it, so that the interpretation of this regulation is not harmonious can trigger a polemic. This study uses doctrinal/normative research with a statute approach, conceptual approach, and case approach. The results of this study describe the concept of the appointment of Acting Regional Heads as an irrational part and has the potential to weaken the sovereignty of the people as enshrined in the staatfundamental norm (1945 Constitution) or grundnorm (Pancasila), the content element in the provisions for the appointment of Acting Regional Heads is full of non-democratic conditions so that these provisions need to be reviewed by prioritizing the aspect of people's participation. Therefore, it is necessary to strengthen the representation, participation of the people, and democratic mechanisms to maintain the sustainability of an inclusive and equitable political system.
Legal Reconstruction of Hadhanah Rights Due to Divorce in Indonesia from a Maqashid Syari’ah Perspective Farid, Muhammad; Albani, Muhammad Syukri; Lubis, Fauziah
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43809

Abstract

The issue of child custody (Hadhanah) following divorce in Indonesia remains a critical legal concern, particularly in ensuring children's welfare. Indonesian regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), govern custody based on the child’s age and impose an obligation on parents to provide financial support. However, these regulations lack sanctions for parents who neglect their responsibilities, leading to concerns over inadequate care, education, and financial support for children. This study aims to analyze the legal reconstruction of Hadhanah rights from the Maqashid Syari’ah perspective to ensure better child protection. The research employs a library research methodology, examining various legal sources, scholarly works, and judicial decisions to assess the existing legal framework and its implementation in judicial practice. The findings reveal that Indonesian courts typically grant custody to the mother for children who have not yet reached the age of discernment (mumayyiz), following normative legal provisions. However, some judges decide contra legem, prioritizing the child’s best interests based on Maqashid Syari’ah. For example, the Padang High Religious Court granted custody to the father, considering the child's welfare. Enforcement of custody decisions involves forcibly placing the child with the designated guardian, while financial support enforcement is executed through asset seizure from non-compliant parents. To enhance child protection, legal reconstruction is necessary through regulatory reforms and judicial discretion. Revisions should include the introduction of sanctions for negligent parents and the establishment of specialized institutions for child welfare. Judicial reform should provide equal custody opportunities for both parents while prioritizing the child's best interests in alignment with Maqashid Syari’ah principles.
The Role of Restorative Justice in Juvenile Criminal Law Islamic Law Analysis Permana, Yudhi; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43730

Abstract

The Restorative Justice (RJ) approach in juvenile criminal law is a paradigm that is oriented towards the restoration, reconciliation, and rehabilitation of children in conflict with the law. Unlike the retributive justice system which emphasizes punishment, RJ aims to restore social balance through deliberation between the perpetrator, victim, and community. In Indonesia, the RJ principle has been accommodated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) which prioritizes diversion as a mechanism for resolving juvenile cases outside the courts. In addition, the Indonesian Attorney General's Regulation Number 15 of 2020 also regulates the termination of prosecution based on restorative justice. From an Islamic legal perspective, the RJ approach is in line with the principle of Maqashid Syari’ah, which aims to protect the soul (hifz al-nafs) and maintain social harmony. The concepts of qisas, diyat, sulh, and afw in Islam provide space for a more just conflict resolution, emphasizing forgiveness and peace as the main solutions in resolving criminal cases, including for children. The implementation of RJ in the Indonesian legal system faces several challenges, such as the lack of understanding of law enforcement officers, the limitations of more comprehensive regulations, and the minimal involvement of the community in the reconciliation process. Therefore, this study recommends strengthening regulations by enacting a special law on RJ, increasing training for law enforcement officers, and public education so that the community's understanding of restorative justice increases. With these steps, RJ can be an effective solution in a more just juvenile criminal law system, in accordance with Islamic legal values.
Reconstruction of Breach of Performance & Unlawful Acts in Book III of Civil Law (Islamic Legal Analysis) Ismanto, Dedi; Albani, Muhammad Syukri; Adly, M. Amar
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.43725

Abstract

This study examines the conceptual differences between default and unlawful acts in Book III of the Civil Code and reconstructs both concepts in the context of Indonesian civil law. In addition, this study analyzes the perspective of Islamic law on the reconstruction carried out. The method used is normative legal research with a statute approach and a conceptual approach. The results of the study indicate that default and unlawful acts have fundamental differences, where default arises due to a violation of an agreement, while unlawful acts are based on a violation of rights or legal norms. Book III of the Civil Code has provided a clear legal framework related to these two concepts, although in practice it still needs to be strengthened in implementation and adaptation to social developments. The reconstruction carried out in this study confirms that Indonesian civil law continues to develop in accordance with the dynamics of society. From an Islamic legal perspective, the principles of justice, individual responsibility, and good faith in transactions have strong relevance in understanding default and unlawful acts. This study contributes to the development of civil law theory and practice in Indonesia and enriches the study of Islamic law in the context of modern civil law.
Legal Aspect of Micro, Small, and Medium Business Partnership Agreements through Digital Platforms to Improve Community's Economy Ilmih, Andi Aina; Zulkarnain, A.
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.44001

Abstract

This research focuses on MSME Partnership Agreements through Digital Platforms to improve the community's economy. This research begins by analyzing arrangements related to MSME partnership agreements through digital platforms in Indonesia. Seeing that there are legal arrangements for partnership agreements, forms of MSME partnership agreements and adequate digital platforms, this encourages researchers to conduct in-depth studies. This research was conducted through a digital platform that is available electronically, with the aim of discovering the reality related to the form of MSME partnerships in Indonesia, especially MSMEs in the Semarang City area, then analyzing the legal arrangements regarding MSME partnership agreements and digital platforms, carried out using a descriptive analysis method. Data collection techniques through direct interviews and documentation. Data analysis used qualitative analysis methods with inductive and reflective logic then described systematically according to the problems studied. Based on the research that has been done, legal arrangements for MSME partnership agreements through digital platforms have not been specifically regulated in statutory provisions. Various laws and regulations that currently exist only regulate matters of a general nature, only mentioning the partnership pattern and the term business partnership for MSMEs. In addition, the legal aspects of the Partnership Agreement through the Digital Platform regarding the content and nature of the agreement are still limited. In practice, partnership agreements through digital platforms cause legal problems for their users, both MSME actors and consumers due to access restrictions and policies by digital platform service providers.
The Theory of Justice (Aristotle) Against Imperfect Collateral Binding Bad Debt Case at State-Owned Bank Triana, Neny
JURNAL AKTA Vol 12, No 1 (2025): March 2025
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.v12i1.44007

Abstract

This study discusses the analysis theory of justice according to Aristotle regarding imperfect collateral binding in cases of bad debts at Indonesian state-owned banks. Credit is one of the main sources of income for banks, but the risk of bad debts is a significant challenge that requires protective measures, one of which is collateral. However, there are cases where collateral binding does not meet legal requirements, leaving problems related to justice for all parties. This research method is normative in qualitative descriptive analysis, exploring how Aristotle's theory of justice can be applied to evaluate this practice. The results show that Aristotle's theory of justice, which emphasizes proportion and recognition of rights, contributes to facilitating a fair relationship between banks and debtors. Increasing the use of collateral binding according to justice can contribute to creating a more fair and sustainable banking system in Indonesia.

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