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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 743 Documents
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Effectiveness of Mediation as an Alternative for International Business Dispute Resolution Adiasih, Ning
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.v12i2.44033

Abstract

Mediation as an alternative dispute resolution is considered to have beneficial power. Mediation can produce a win-win solution for the parties. Mediation is a relatively inexpensive and time-consuming segregative dispute resolution process; dispute resolution through mediation efforts has also been known in the culture of Indigenous peoples in Indonesia for a long time. This study aims to describe and analyze the effectiveness of Mediation as an alternative to resolving business disputes outside the court. This study was conducted using a literature study method. The study results indicate that using Mediation as an alternative to resolving disputes outside the court is effective because, in implementing non-litigation Mediation, both parties are examined in private (not open to the public). That way, the positive impact on the credibility and reputation of the disputing parties is maintained. In addition, compared to the litigation process, out-of-court Mediation is cheaper, less complicated, and does not take long. On the other hand, out-of-court Mediation pays close attention to the continuity of the future relationship between the parties. This is why businesses prefer out-of-court Mediation as an alternative to resolving their business disputes.
Consumer Protection in the Building Materials Sector from the Perspective of Contractor Business Actors Who Are Consumers Effendy, Edrick Edwardina; Aditya, Galih Rangga
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.v12i2.44507

Abstract

As a developing country, construction services are essential to Indonesia's economic growth. Based on current conditions, consumer protection in Indonesia's construction/building materials sector still faces challenges such as low consumer awareness and weak supervision of business actors. This research aims to analyze how norms are implemented in the law of engagement between consumers and business actors in the building materials sector, the view of the law of engagement towards retail consumers of building materials or contractors, and how the law protects retail consumers of building materials who are also business actors. The research method used is the normative legal research method, which aims to identify legal rules, principles, and doctrines as answers to emerging legal problems. The results of this research explain that the construction services sector is regulated by various regulations, such as Law No. 2 of 2017 concerning Construction Services, which regulates responsibilities, quality standards, and protection mechanisms in construction services. In this context, contract law and consumer protection play a central role in ensuring justice and legal certainty, especially for consumers of building materials who act as business actors.  As a consumer, you have the right to clear information, product quality that meets standards, and security guarantees, as regulated in the Consumer Protection Law (UU No. 8 of 1999) and the Civil Code (Civil Code). On the other hand, business actors are obliged to ensure that the products sold are safe and fulfill the agreement. In implementing engagement legal norms, law enforcement involves mediation, arbitration, courts, and administrative and criminal sanctions.
Legal Responsibility of Business Actors for Overclaims in the Cosmetics Industry is Linked to the Principle of Moral Integrity Nurfauzi, Febri; Sari, Melia Putri Purnama; Afriana, Anita
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.v12i2.44940

Abstract

The cosmetic industry for skin care is increasingly growing in Indonesia, which is in line with the increasing business activities today. For women, cosmetics are one of the necessities. Along with such circumstances, overclaim actions in the cosmetics industry are rampant in Indonesia, this is related to business ethics that have not been fully implemented by business actors in Indonesia and the role of Law Number 8 of 1999 concerning Consumer Protection should be able to guarantee legal protection for consumers in Indonesia. The research method used in writing this article is normative juridical with qualitative juridical data analysis through collection from literature studies and linking the data obtained with laws and regulations, theories and legal principles.
The Marriage Agreement as an Effort to Prevent Domestic Violence (KDRT) Sari, Ratih Mega Puspa
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.v12i2.45701

Abstract

Marriage is the first step for someone in forming a harmonious and happy family, because the realization of a sakinah, mawadah wa rahmah household is the true goal of marriage. This is what makes marriage a sacred agreement that must be maintained and its existence maintained. Although in marriage every couple has the goal of a peaceful, safe and peaceful family, in reality not all marriages can realize the goals of marriage itself. This can be caused by many factors, one of which is Domestic Violence (KDRT) committed by one of the parties, either the husband or the wife. A marriage agreement is generally known as a legal instrument that regulates the division of property between husband and wife. However, its role can be expanded to become a preventive tool in preventing domestic violence (KDRT). This study aims to examine the strategic role of a marriage agreement in forming a healthy and just household relationship. By using a normative approach and qualitative analysis of legal regulations and doctrines, it was found that a marriage agreement has the potential to provide a legal basis for protection for parties vulnerable to violence. However, its implementation still faces cultural and structural obstacles that need to be overcome through legal education and institutional strengthening.
The Critical Study of Criminal System for Death Row Convicts Who Have Not Been Executed After the Enactment of National Criminal Code Musdalifah, Dyajeng Ayu; Maskur, Muhammad Azil
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.v12i2.44801

Abstract

This article discusses the fate of death row inmates who have not been executed after the enactment of the National Criminal Code. The writing of this article uses a non-doctrinal legal method with a qualitative approach, this study uses primary and secondary data, and triangulation techniques. The focus of the research includes three problem formulations regarding the death row inmate punishment system after the enactment of the National Criminal Code, policies for death row inmates who have not been executed, and alternative policies that can be applied. The results of the study indicate that the National Criminal Code provides a 10-year probation period and the opportunity for sentence commutation for convicts who demonstrate good behavior. This policy reflects reforms in the Indonesian criminal system with an emphasis on rehabilitation and protection of human rights. The writing of this article is expected to contribute to the development of a more humane criminal law policy.
The Role of Notaries in the Transaction Process and its Implications for the Validity of Land Documents under the Law Simanjuntak, Kevin Malinowski; Tiaranda, Muhammad Fachreza; Samosir, Tetti
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.v12i2.45304

Abstract

This study discusses the role of notaries in the land transaction process in Indonesia and its legal implications for the validity of land documents. Notaries as public officials have the authority to make authentic deeds that serve as the legal basis for the transfer of land rights. The involvement of notaries in every stage of the transaction, from verifying the identities of the parties to making and ratifying the deed, plays an important role in creating legal certainty and preventing disputes in the future. However, in practice, challenges are still found such as abuse of authority by unscrupulous notaries and low public awareness of the importance of the legality of land transactions. This study uses a normative legal method with a qualitative approach, examining relevant laws and regulations and legal literature. The results of the study indicate that although the role of notaries has made a significant contribution to the validity of land documents, supervision and guidance of the notary profession need to be improved, and legal education for the community needs to be expanded in order to create a more transparent, accountable, and legally secure land system.
Agreements in Online Loans and Consumer Legal Protection in Online Loan Services in Indonesia Hardyansah, Rommy; Darmawan, Didit; Negara, Dharma Setiawan
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.v12i2.44593

Abstract

The rapid development of online lending services in Indonesia has a positive impact on the economy, but it also poses challenges related to legal aspects. This research aims to examine how agreements in online loans are regulated in Indonesian positive law and to analyze the legal protection provided to consumers of online loan services. This research uses normative legal research methods by analyzing various laws and regulations, legal doctrines, and relevant theories. The main focus of the research is to explore the regulation of online loan agreements, which still face various problems related to the unclear rights and obligations of the parties and the lack of transparency of information provided by service providers. In addition, this research also identifies problems related to consumer legal protection, especially in terms of supervision, misuse of personal data, and dispute resolution mechanisms that are still not optimal. The results show that although there are regulations from the Financial Services Authority (OJK), there are still many gaps that must be improved, both in the regulation of agreements and consumer protection. Therefore, this study is important to provide a deeper understanding of the role of law to maintain a balance between the development of the online lending sector and the protection of consumer rights.
The Imposition of Criminal Sanctions as an Ultimum Remedium in The Resolution of Consumer Protection Crime Fithri, Beby Suryani
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.v12i2.45075

Abstract

Consumer protection in Indonesia currently faces significant challenges, particularly regarding weak law enforcement and uncertainty in the application of criminal sanctions. Based on Law No. 8 of 1999 on Consumer Protection, criminal sanctions are applied as Ultimum Remedium, which complicates the process of obtaining justice for consumers who are harmed. This paper proposes a paradigm shift in the application of criminal sanctions by making them the primum remedium in resolving consumer criminal cases. This approach is expected to provide legal certainty, justice, and a deterrent effect on business actors who violate consumer rights. Additionally, the study suggests reconstructing several articles in the Consumer Protection Law, such as Articles 8, 9, 13 paragraph (2), 15, 17, 18, and Articles 62 and 63, to align with the evolving conditions of society, economy, and global trade. These changes aim to enhance the effectiveness of consumer protection and ensure better legal certainty for Indonesian society in the face of global legal developments related to consumer protection. 
The Politics of Tax Criminal Law in Indonesia Jiwar, Syarif
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.v12i2.44506

Abstract

This paper's research is titled The Legal Policy of Tax Criminal Law in Indonesia. The focus of this research is to discover and analyze the legal policy of criminal law in the field of taxation in Indonesia including the criminalization of specific behaviors within the scope of applying rights and obligations in the field of taxation. This research uses a normative legal method with a literature approach to analyze the political choice of tax criminal law in Indonesia. The data used is secondary data, including primary legal materials such as tax regulations and secondary legal materials such as literature and other relevant documents. This legal study points out that Indonesia met two stages of criminal legal policy in the field of taxation, which means the pre-tax reform phase and the tax reform phase, both of which were affected by both internal and external factors.
Consumer Protection in Dental Health Services: An Analysis of Dentists' Practices in Indonesia Nuraeni, Yeni; Sihombing, Lasmin Alfies
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.v12i2.44725

Abstract

This study aims to explore the legal protection for consumers who use the services of dentists for braces in Indonesia. People need good dental health services, but many turns to dentists who offer more affordable prices without understanding the risks involved. Dentists are legally only allowed to make and install removable dentures, while medical procedures such as braces and veneers are outside their authority. This results in many consumers experiencing serious health problems, such as swollen gums and infections, but most patients do not file complaints or lawsuits due to a lack of understanding of their rights. This study includes a normative review of applicable legal regulations, including Law Number 8 of 1999 concerning Consumer Protection, which regulates the rights and obligations of consumers and business actors. The results show that dentists have a responsibility to provide services that meet standards, as well as an obligation to provide compensation if losses occur due to negligence. The public's readiness to file criminal charges against dentists who violate the law is also identified as a problem. Therefore, educational efforts are needed for the public to understand the risks of using the services of untrained dentists and the importance of choosing services from certified professionals. This research is expected to provide insight into legal protection for consumers and increase awareness of safe dental health practices.

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