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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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The Principle of Presumption of Innocence: Ensuring Suspect Rights During the Investigation Process Suhendar, Suhendar; Candra, Septa
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.v12i2.44719

Abstract

This study aims to determine the implementation of the suspect's rights as a manifestation of the presumption of innocence at the investigation level. To identify the obstacles to implementing the suspect's rights during the examination process at the investigative level. The type of research used is a normative research type, based on the results of the research conducted, in the implementation of the suspect's rights in the examination process regardless of whether it is proven or not, the suspect is still protected by various rights protections including the right to be examined immediately, the right to provide information freely or in a very simple sense during the examination there is no pressure or physical violence during the examination, but there is still one right that is not by the suspect's rights regulated in the Criminal Procedure Code, namely the suspect does not receive legal assistance. In the implementation of the suspect's rights, there are several obstacles, including the unprofessionalism of investigators in conducting investigations, the behavior and actions of law enforcement officers due to the suspect's ignorance or lack of understanding of the rights that should be obtained as a suspect, and suspects who do not understand the importance of legal assistance, dishonesty and transparency of suspects in the integration process (examination), and uncooperative suspects usually act passively and are silent.
Strengthening Legal Instruments Plagiarism Threshold in the Field of Education and Digital Luhukay, Roni Sulistyanto; Marsal, Antonino Pedro
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.v12i2.44758

Abstract

Plagiarism is a detrimental act in the world of education, especially in the digital era that facilitates access to information. Technological advances make people tend to choose shortcuts by copying other people's work without mentioning the source. Plagiarism reduces critical thinking, which should be part of the learning process, and inhibits the development of creativity and intellectual abilities. This practice not only damages academic integrity, but also lowers the quality of education and the reputation of the institution. This research uses a normative legal research method that analyses the applicable legal rules and evaluates the provisions regarding plagiarism in education, especially in the digital context. This research discusses how the phenomenon of plagiarism in education reflects the lack of clear regulations regarding the threshold of plagiarism in Indonesia. This lack of clarity causes difficulties in distinguishing between legitimate use of information and plagiarism, especially in the midst of easy digital access. In addition, more sophisticated plagiarism detection technology and digital ethics education need to be strengthened as preventive measures. International co-operation is also important to address cross-border plagiarism. A holistic approach is expected to create a more honest, transparent, and integrity-based educational environment.
The Evidential Power of Notarial Deeds in Land Disputes between Certificate Owners and Land Cultivators Cahyadi, Arvin Bintang; Hasibuan, Muhammad Reza Afdilla; 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.v12i2.45306

Abstract

This study aims to analyze the evidentiary power of notarial deeds in land disputes between certificate owners and land cultivators. Notarial deeds are authentic evidence that legally have perfect evidentiary power, especially when they form the basis for the transfer of registered land rights. However, in practice, there are often clashes between the strength of administrative evidence and physical control by the cultivator. This study uses normative and empirical legal methods with a qualitative approach. Data were obtained through literature studies, document studies, and analysis of court decisions. The results of the study indicate that although notarial deeds and certificates provide a strong legal standing for the owner, the judge’s considerations also include aspects of physical control, good faith, and other supporting evidence. Legal protection for certificate owners can be optimally realized if accompanied by real control and active legal action in defending rights. Therefore, the presence of notarial deeds needs to be understood not only as administrative documents, but also as part of the evidentiary system that must be supported by facts in the field.
The Dominus Litis Advocate who Handles Debt Law Cases Panggabean, Ruben; Mansar, Adi; Nadirah, Ida
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.v12i2.44822

Abstract

An advocate is a lawyer who practices law through the power of attorney (volmacht) granted by clients, both persons and legal entities, both inside and outside of the courtroom. The range of legal services includes advising, assisting, exercising power of attorney, representing, defending, and taking other legal actions on behalf of their clients. The advocate is free to choose whether his client's case will be settled out of court (non-litigation) in the course of his work, particularly in the area of debt settlement. This area is governed by the Indonesian Advocate Code of Ethics and is known as the dominus litis principle. However, in order to exercise the authority, the advocate must possess financial knowledge in order to offer the client a case settlement plan as legal justification, allowing the client to accept legal counsel from his advocate to pursue an out-of-court settlement. Through training and certification programs coordinated and organized with the National Competency Certification Agency (BNSP), the Advocate Organization bears the responsibility of enhancing the expertise of advocates in addition to themselves. An advocate with greater expertise will be less likely to violate the advocate code of ethics while also providing clients with the best possible protection as recipients of legal services. Rather than creating more issues for their customers, advocates become part of the solution (problem solver).
The Curator’s Authority in The Management & Settlement of Bankruptcy Property Novita, Tri Reni; Husna, M Faisal; Maryani, Halimatul
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.v12i2.44890

Abstract

One of the most thought processes of a company that's a lawful substance to borrow or utilize capital from third parties is the crave to extend the benefits that can be accomplished. The extra modern capital can be utilized to smooth the company's cash stream or commonly utilized as a company commerce improvement. A company is said to be bankrupt (bankrupt), when the company/individual is unable and unwilling to pay its debts. Therefore, in order to prevent creditors from collecting debtors and fighting over the assets of the bankrupt debtor, the law considers it necessary to regulate it, so that the debtors' debts can be paid in an orderly and fair manner. Bankruptcy law institutions emerged to regulate fair procedures regarding the payment of creditors' bills by being guided by the Civil Code (KUHPerdt), especially those contained in Articles 1131 and 1132 concerning privileged receivables, as well as using the Bankruptcy Law and the Suspension of Debt Payment Obligations (hereinafter referred to as the Bankruptcy and Suspension of Debt Payment Obligations). This article used combination of standardizing juridical strategies and experimental juridical strategies, which is carried out by centering on the ponder of the application of positive lawful rules or standards related to legitimate directions (laws). The purpose of this article is to examine the authority of the curator in managing and clearing bankruptcy assets related to the company's actors. The strategy utilized in composing this article is to utilize a combination strategy between standardizing juridical and experimental juridical strategies, which 1 is carried out by centering on the consider of the application of positive legitimate rules or standards related to lawful controls (laws), and after that related to the standards contained in liquidation, to be specific the guideline of adjust, the rule of commerce progression, the rule of equity, and the guideline of integration.
Actualization of Pancasila Value in Law Enforcement in the Field of Taxation in Indonesia Ariyanto, Agung Pamula
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.v12i2.44508

Abstract

Pancasila, as the basis of the Indonesian state, has a fundamental role in every aspect of national and state life, including the taxation system. Law enforcement in the field of taxation must reflect the values of Pancasila to create justice, legal certainty, and prosperity for society. This research analyzes how Pancasila values are actualized in Indonesia's taxation system and law enforcement. The research method used is a normative approach with a literature study of statutory regulations, court decisions, and related literature. The research results show that the principles of Pancasila, such as social justice, deliberation, and unity, have strong relevance in building a taxation system that is fairer and oriented towards people's welfare. However, there are still challenges in implementing these values, especially in transparency, tax compliance, and protecting taxpayers' rights. Therefore, it is necessary to strengthen policies and legal reforms based on Pancasila values to create a more just tax system.
Legal Reconstruction of Witness and Victim Protection Institutions in the Criminal Justice System Chalil, Sri Mulyati; Suhardini, Eni Dasuki; Durahman, Dani; Tejo, Eko Susanto
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.v12i2.44746

Abstract

This paper aims to explore the urgency of reconstructing the institutional role of the Witness and Victim Protection Agency (LPSK) within Indonesia’s criminal justice system. Using a normative and empirical legal research methods, which is done by literature review, field exploration, and analysis, it builds an accurate and concrete model for implementing the construction of the position of the LPSK in the current criminal justice system. This study found that bureaucratic challenges—such as financial limitations, inadequate human resources, and institutional stagnation—have constrained the justice system’s ability to function equitably. These conditions often lead to the centralization of investigative power and a compartmentalized system in which oversight is limited and reactive. Within this context, LPSK holds potential as a horizontal oversight mechanism, offering checks on investigators’ authority and ensuring victim and witness rights are safeguarded during proceedings. This paper further analyzes how the Criminal Procedure Code anticipates horizontal supervision between law enforcement agencies, particularly between investigators and public prosecutors, and how LPSK can contribute to this oversight structure. However, limitations in institutional capacity and the centralized nature of LPSK pose challenges to its accessibility and effectiveness. Strengthening LPSK’s institutional capacity and expanding its regional presence are critical for responding to the growing demand for witness and victim protection, including in cases involving gross human rights violations. This study underscores the need for systemic reform and political will to ensure that protection of witnesses and victims becomes an integral part of a due process-oriented criminal justice system in Indonesia.
Criminal Policy Toward the Crime of Defamation in Cyberspace Through the Use of Deepfake AI Frensh, Wenggedes
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.v12i2.44884

Abstract

Currently, humanity is experiencing rapid advancements in science and technology. Information and communication technology has undergone significant developments, particularly with the emergence of Artificial Intelligence (AI). This progress has ushered in the digital era, where people interact in cyberspace through social media platforms that utilize AI. While the use of AI in social media brings positive impacts by enhancing interactions in cyberspace, it also presents the potential for cybercrimes, including defamation through AI-based technology known as Deepfake. Several notable cases of defamation using Deepfake AI have occurred, such as the case of Raffaela Spone in the United States, who sent defamatory Deepfake content targeting members of the Victory Vipers cheerleading team; the manipulated video of Ukrainian President Volodymyr Zelenskyy; the Deepfake video of Indian actress Rashmika Mandanna wearing revealing clothing; and cases involving manipulated Deepfake videos of Indonesian public figures such as Prabowo Subianto, Gibran Rakabuming Raka, and Sri Mulyani. In Indonesia, there is still a lack of clear regulation concerning defamation through the use of Deepfake AI and how to address such crimes through criminal policy. This study aims to examine efforts to combat cyber defamation using Deepfake AI by applying both penal and non-penal criminal policy approaches. The research employs a normative juridical method, using secondary data sources and deductive analysis. The findings show that efforts to address the crime of cyber defamation using Deepfake AI can be implemented through penal policy using formulation strategies, and through non-penal policy by eliminating criminogenic factors contributing to cyber defamation with Deepfake AI. Penal policy countermeasures can be pursued under Law No. 11 of 2008 in conjunction with Law No. 19 of 2016, specifically Article 27 paragraph (3). Non-penal approaches involve the use of Deepfake AI detection technologies, protection of digital identities, digital literacy education, and the enhancement of personal data security.
Legal Responsibility of Notaries for Errors and Misuse in the Use of Electronic Certificates as Evidence in the Digital Era Rere, Laode Reyhan Muhammad Fitra; Disaely, Rico Marleve; 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.v12i2.45307

Abstract

The development of information technology has driven modernization in various legal fields, including notarial services. One form of innovation is the use of electronic certificates in making notarial deeds. This study aims to analyze the form of legal responsibility of notaries for errors and misuse in the use of electronic certificates and to assess the adequacy of regulations governing their legal protection. The method used is normative legal research with a statutory regulatory approach and legal literature analysis. The results of the study indicate that notaries can be held accountable civilly, criminally, or administratively if there is a violation in the use of electronic certificates. Although the use of electronic certificates has a legal basis through the ITE Law and its implementing regulations, existing regulations do not fully regulate in detail the technical mechanisms, responsibilities, and supervision of notaries in the digital context. Therefore, it is necessary to prepare more technical and specific regulations to ensure legal certainty and protection for parties who use notary services in the digital era.
The Sociological Implications of the Presence of Foreign Workers for Southeast Sulawesi Resident Affan, Ibnu; Rahmadani, Gema
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.v12i2.44835

Abstract

One of the areas targeted for foreign workers entering Indonesia is the Southeast Sulawesi Province (Southeast Sulawesi). According to data from the Southeast Sulawesi Manpower and Transmigration Office (Disnakertrans), it was recorded that there were approximately 3,200 foreign workers working in Southeast Sulawesi, dominated by foreign workers from China. For this reason, the Provincial Government of Southeast Sulawesi always provides guidance and supervision of foreign workers, by providing them with an understanding of customary and cultural conditions. At first the arrival of these foreign workers caused turmoil and rejection from the community. However, the government has explained that the foreign workers who come to Southeast Sulawesi are workers who have special expertise in order to accelerate the construction of smelters. A local workforce will be prepared to assist these TKA, so that there will be a transfer of knowledge. If the local workforce is able to understand the technology, the next operation will be handed over to the local workforce. After the community understood the situation of this problem, finally it began to appear that the community's acceptance of TKA.

Page 69 of 75 | Total Record : 743

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