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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 743 Documents
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Juridical Analysis of Child Marriage Tolerance on Living Habits in Society Against Marriage Law Mahaputri, Puang; Akib, Ma’ruf; Lanontji, Muryanto
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.v12i1.44142

Abstract

The diversity of the legal system in Indonesia triggers differences of views on the age limit of marriage between customary provisions and regulations in the law. The practice of people who still tolerate underage marriage is contrary to Law No. 16 of 2019, which expressly sets the age limit for marriage. This study aims to examine the position of customary law that still tolerates early marriage in the perspective of marriage law, and explore the possible limitations that can be applied by positive law to bridge the gap. This study uses normative legal research methods by examining various laws and regulations and related legal concepts. Data was obtained through literature studies sourced from laws and various articles relevant to the research topic. The results of the study show that customary law recognizes and provides space for the practice of child marriage, while the law provides that such tolerance can only be granted through the mechanism of marriage dispensation based on strong grounds. This difference of views requires dialogue and deliberation between traditional leaders and the government in order to achieve the harmonization of marriage law in Indonesia. 
Review of Hadith in Marriage Agreements and Its Perspective in Indonesian Positive Law Nurwahyudin, Dindin Syarief
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.v12i1.44624

Abstract

Marriage agreements are legal instruments that play a role in regulating the rights and obligations of couples, especially related to property rights, both from the perspective of Islamic law and positive law in Indonesia. This study departs from the urgency of low understanding and application of marriage agreements in society due to social stigma and lack of legal literacy. The formulation of the problem in this study includes how to reconstruct the legality of mixed marriage agreements and their implications for property rights from the perspective of Islamic law and positive law. This study uses an empirical legal method with a qualitative descriptive approach. Primary data were obtained through interviews with informants, while secondary data were obtained from literature studies of applicable legal regulations and studies of hadiths related to marriage agreements. The analysis was carried out using the deductive method and the maqashid sharia approach to understand the relevance of marriage agreements in the context of Islamic law. The results of the study indicate that marriage agreements have a strategic role in providing legal certainty, asset protection, and regulating the rights and obligations of couples, especially in cases of polygamy, divorce, and inheritance. However, the application of this agreement is still limited due to cultural factors and negative perceptions in society. In Islamic law, a marriage contract is permitted as long as it does not conflict with sharia principles, while in positive law it is recognized and has legal implications for the management of joint assets and the financial rights of couples. In conclusion, a marriage contract acts as a legal instrument that can improve the welfare of couples by providing protection for property rights. Therefore, further socialization and an active role from legal and religious authorities are needed to increase public understanding of the benefits of this agreement in building a harmonious and just family.
Justice-Oriented Reform of Regulations Protecting Land Deed Officials in Land Title Transfers Mashdurohatun, Anis; Erawati, Wahyu Ririn; Yuniarti, Endang; Andaryanti, Yuni; Aquino, Thomas
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.v12i1.44505

Abstract

This research aims to examine and propose justice-oriented reforms to strengthen legal protections for Land Deed Officials (PPAT) in Indonesia, focusing on the gaps and limitations in existing regulations such as Government Regulation No. 24 of 1997 and subsequent amendments. The study addresses the challenges faced by Land Deed Officials, including criminalization, professional risks, and inadequate procedural safeguards, and aligns the proposed reforms with the foundational principles of Pancasila. The research employs a juridical-sociological methodology, combining doctrinal analysis and field data collection through interviews and questionnaires with Land Deed Officials and related stakeholders. Comparative legal analysis is also conducted, referencing practices in jurisdictions such as the Netherlands, France, and the United States, to derive best practices for enhancing legal protections. Key findings indicate that current regulations lack explicit provisions to shield Land Deed Officials from liability for actions performed in good faith, fail to provide mechanisms for compensation in cases of wrongful accusations, and do not empower supervisory bodies such as the Supervisory and Advisory Board (MPPD) with adequate authority. The study further reveals that the integration of digital tools like electronic signatures and blockchain can improve procedural efficiency but requires comprehensive training and robust legal frameworks. The study concludes that justice-oriented reforms should incorporate explicit protections for Land Deed Officials, including immunity for lawful actions, professional liability insurance, and enhanced supervisory powers for Supervisory and Advisory Board. These reforms must align with Pancasila principles to ensure fairness, legal certainty, and human dignity. By addressing these systemic gaps, the proposed framework aims to bolster public trust, protect Land Deed Officials, and enhance the integrity of Indonesia’s land administration system, fostering equitable and transparent land title transfer processes.
Reformulation of Patent Law in Indonesia Regarding Patent Waiver of Vaccines in Certain Circumstances Serafim, Gladysta Viola; Kusumadara, Afifah; Widyanti, Yenny Eta
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.v12i1.44518

Abstract

This research aims to reformulate patent law in Indonesia based on the 12th WTO MC Decision on the TRIPs Agreement related to patent waivers for vaccines in certain circumstances, such as pandemics. Patenting vaccines during a pandemic can hamper efforts to handle the pandemic quickly and effectively and make access to vaccines limited, especially for lower-middle-income countries (LMICs). This can be seen in the implementation of Covid-19 vaccination where there is a gap in vaccination rates and vaccine prices between developed countries and LMICs countries. For example, vaccine supplies in Indonesia as one of the LMICs countries could only meet 24% of the coverage target of 181 million people at the beginning of the Covid-19 pandemic. The patent law in Indonesia has provided flexibility regarding the implementation of patents for vaccines in certain circumstances through the implementation of patents by the government, but in fact it still cannot overcome the scarcity of vaccines in an emergency in Indonesia. This study uses normative (doctrinal) research types with statue, conceptual, and analytical. Based on the results of the research, in order to minimize existing problems so that they do not occur in the future, Indonesia can reformulate the formulation of patent laws in Indonesia based on the TRIPs Agreement, namely first, the regulation that the implementation of patent waivers for vaccines in certain circumstances does not require permission from the patent holder; second, the regulation on determining the amount of remuneration for inventors; and third,  regulation on the prohibition of re-export of vaccines whose patents are ignored. 
The Measuring Ideal Accountability in Leaking Customer Personal Data as an Unlawful Act Elmaila, Izzah; Kusumadara, Afifah; Djumikasih, Djumikasih
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.v12i1.44580

Abstract

The aim of this research is first to identify cases of personal data leakage as unlawful acts that violate the law. Second, find an ideal concept for cases of leakage of bank customers' personal data based on the burden of proof. This article used a normative (doctrinal) method with statute and conceptual approach. The results of the research show that personal data leakage is a form of unlawful act that can be held accountable provided that the elements are met: the existence of the act, the act being against the law, the existence of an error or negligence (negiglence), the existence of a loss, and a causal relationship between the cause and the loss. Judging from the burden of proof and the applicable regulations, the concept of strict liability is an appropriate concept for cases of leakage of customer personal data because it is shifting the burden of proof so that business actors must prove that they are innocent.
The Reconstruction of Investment Law based on Social Justice Batubara, Ismed; Yeltriana, Yeltriana; Saragih, Alkausar
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.v12i1.44560

Abstract

Investments and aspirations towards social justice are interrelated and influence each other. A well-planned investment begins with legal drafting and a wise effort to potentially become a major force in achieving social justice. For this reason, a thorough approach is needed in designing and implementing investments, taking into account the social and environmental impacts that may arise. This research aims to know the reconstruction of investment law based on social justice as the ideal of social justice is not just a wish, but can be realized through sustainable and comprehensive investments. The research used normative legal research, which is used as the opposite of the empirical/sociological legal research method. The result showed a well-planned investment begins with legal drafting and a wise effort to potentially become a major force in achieving social justice. For this reason, a thorough approach is needed in designing and implementing investments, taking into account the social and environmental impacts that may arise. In this way, the ideal of social justice is not just a wish, but can be realized through sustainable and comprehensive investments.
Restorative justice as an Effort to Resolve Minor Criminal Cases in Indonesian Criminal Law: Contextualization of Samagama Sutta Warsito, Warsito; Pangestu, Ilham Aji
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.v12i1.43830

Abstract

Criminal law policy regulating minor crimes is an urgent issue that needs resolution. The Restorative justice approach in the contextualization of Samagama Sutta is a relevant reference for future research. Resolving cases by prioritizing peace and victim recovery is an appropriate step for out-of-court settlements. Restorative justice as a criminal procedure can be applied through dialogue or deliberation, resulting in an agreement that does not harm either the victim or the perpetrator. This study aims to identify a model of the Restorative justice approach in resolving minor crimes within the context of the Samagama Sutta. This research employs normative legal research, also known as doctrinal research, which involves examining literature and secondary data, including primary, secondary, and tertiary legal materials. The data collection method used is library research, which involves collecting, identifying, classifying, and analyzing data for citation purposes. The data analysis follows the Peter Mahmud Marzuki model. The study results indicate that minor criminal cases should be resolved outside the court by seeking peaceful solutions through agreements between perpetrators and victims. Penal mediation, from a philosophical perspective, applies the win-win solution principle. It serves as an alternative to criminal case resolution that is simple, fast, and cost-effective. This approach aligns with the Samagama Sutta, which emphasizes the relationship between perpetrators and victims through the dispute resolution method (adikarana samatha), ensuring that peace efforts occur as early as possible.
Collective Labor Agreements (CLA) in Foreign Capital Companies: Gustav Radbruch's Perspective Yeltriana, Yeltriana; Batubara, Ismed; Saragih, Alkausar
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.v12i1.44643

Abstract

Analysis of Collective Labor Agreements in ultinational corporation through the lens of Gustav Radbruch's theory underlines the importance of material justice, legal certainty, and the conformity between legality and morality in industrial relations. Radbruch's theory provides a comprehensive framework for evaluating the fairness and effectiveness of Collective labor Agreements, emphasizing the important role of trade unions in protecting workers' rights and ensuring fair implementation of Collective labor Agrements. The application of Radbruch's principles in this context requires active cooperation from all stakeholders, including the government, employers, and trade unions. The government has the responsibility to create a legal environment that supports justice and legal certainty, while employers must respect workers' rights and comply with the contents of Collective labor Agreements. Trade unions, as representatives of workers, have a crucial role in ensuring that workers' voices and interests are heard and considered in the process of negotiating and implementing Collective labor Agreements
Legal Substance of Sale and Purchase of Land and Building in the Determination of BPHTB DPP in Land and Building Sale and Purchase Transactions in Medan City Siahaan, Albert Lodewyk Sentosa; Tonggo Michael Sihombing, Andy; Banke, Ricky
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.v12i1.44139

Abstract

BPHTB is a levy on the acquisition of rights to land and buildings. In a transaction involving the buying and selling of property, the BPHTB tax is the responsibility of the buyer. This tax is charged on the acquisition of land and property rights and is calculated based on the Tax Object Acquisition Value stated in the sale and purchase agreement. Following the passage of Law Number 1 of 2022 regarding Financial Relationships between the Central and Local Governments, Law Number 28 of 2009 concerning these financial relations is rendered obsolete. The primary question this study addresses is: What is the legal substance of the BPHTB DPP relating to land and building transactions within the city of Medan? This investigation employs normative research approaches. The theoretical framework applied is Lawrence Friedman's theory of legal effectiveness. The DPP BPHTB for property sales and purchases is governed by the relevant regulations in Medan City, specifically the Medan City Regional Regulation Number 1 of 2024. The essence of the law must achieve the law's core objectives of Justice, Certainty, and Benefit. Ultimately, it can be concluded that the DPP BPHTB outlined in the Medan City Regional Regulation Number 1 of 2024 does not meet the legal goals envisioned by the law itself for the sale and purchase of land and buildings.
Changes in Agriculture Land Usage for Development of Housing (Studies in Tambakrejo Village Jombang District) Andri, Muhammad; Winarsih, Rini; Rafiie, Mohammad
JURNAL AKTA Vol 12, No 2 (2025): June 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.v12i2.44881

Abstract

The rise of housing development by developers on active agricultural land means the government must ensure national food security. Although Law No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land has been enacted, the reality is that in many cities many agricultural lands close to urban areas have been converted into residential areas. This is the background for the author to examine "The Legal Certainty Aspects in Conversion of Agricultural Land for Housing (Study in Banjardowo Village, Jombang District, Jombang Regency)”. This research uses a statue approach combined with a case approach so that it is normative juridical. The process of analyzing this data was carried out descriptively analytically, namely examining the conversion of agricultural land into housing based on Law No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land (UU PLP2B) and also associated with the regional spatial plan of Jombang district. The legal consequences of changing the use of agricultural land for housing development if it violates the provisions of the UU PLP2B in the sense that the changed agricultural land is classified as LP2B, then even if it already has a licensing document, it is null and void. For this reason, it must be handled seriously by applying the sanctions contained in Article 70 of the UU PLP2B.The Jombang District Government's efforts to overcome the many changes in the use of agricultural land for housing development have preventively conducted socialization related to the UU PLP2B, accompanied by stipulating Jombang District Regional Regulation Number 10 of 2021 concerning the Regional Spatial Plan of Jombang District for 2021-2041. Also through the relevant agencies, namely the Investment and One-Stop Integrated Services Agency (DPMPTSP), the Agriculture Office, the National Land Agency (BPN), the Public Works and Spatial Planning Office (PUPR), and the Regional Development Planning Agency of Jombang Regency, focus, select and organize in carrying out their coordination related to licensing services. Repressively, it is to increase supervision of developers related to license ownership and deal with problems of violations of the PLP2B Law thoroughly in order to foster a deterrent effect for developers or other community members.

Page 67 of 75 | Total Record : 743

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