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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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Legal Certainty of Land Certificates has been Issued Legally & Obtained In Good Faith (Review Decision Study Number 718 PK/PDT/2018) Puspasari, Anneke Ivana; Suryani, Suryani; 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.v12i2.45301

Abstract

Land rights have described a person’s rights to ownership, must be registered in the land registry. This study uses a normative research method with qualitative analysis to obtain research results and discussions regarding the principle of good faith land ownership by a party for at least 20 (twenty) years and no other party has filed an objection or sued for 5 (five) years after the registration of the land in control with the Head of the local Land Office, until a certificate is legally issued as proof of ownership based on Article 32 paragraph (2) of the PP Land Registration in conjunction with Article 64 paragraph (1) PP No. 18/2021. To obtain legal certainty of ownership of land rights as has been canceled through a district court decision, the buyer filed a judicial review with an application using the legal basis of 32 paragraph (2) of the PP Land Registration and submitting new evidence (novum).
Comparison of Laws Regulation of Indonesian and Malaysian Sole Companies Br Tarigan, Violeta Desfina
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.v12i2.44581

Abstract

The establishment of a Sole Proprietorship, known as Perseroan Perorangan in Indonesia and Sendirian Berhad (Sdn Bhd) in Malaysia, aims to facilitate micro and small business enterprises (MSMEs) by allowing a single individual to establish a limited liability company. This paper compares the legal frameworks governing Sole Proprietorships in Indonesia and Malaysia, focusing on aspects such as legal definitions, establishment requirements, authorized capital, corporate liability, and dissolution procedures. The research employs a normative legal method, analyzing statutory regulations, legal doctrines, and academic sources. Findings indicate that while both countries recognize the single-member company concept, Indonesia enforces stricter eligibility criteria, allowing only Indonesian citizens to establish Perseroan Perorangan, whereas Malaysia permits both locals and foreign residents. Moreover, Malaysia's legal framework provides more flexibility regarding shareholder numbers and capital requirements. The study concludes that regulatory harmonization and further legal clarifications are necessary to enhance the effectiveness of Sole Proprietorship policies in both jurisdictions.
Deontological Study of the Binding Strength of Precontractual Promises: A Legal and Ethical Approach Siregar, Mahmul; Siregar, Fitri Yanni Dewi; Rafiqi, Rafiqi; Muniifah, Nur
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.v12i2.44757

Abstract

This study analyzes the binding force of pre-contractual promises from the perspective of deontological law and ethics. In contract law, pre-contractual promises often raise debates about their validity and legal consequences. This study uses a normative legal approach with descriptive qualitative analysis, which focuses on the analysis of legal norms governing pre-contractual promises. From a deontological ethics perspective, the fulfillment of a promise is considered a moral obligation that must be honored regardless of the consequences, based on the principles of honesty and integrity. This study highlights that the combination of deontological law and ethics approaches can provide a stronger normative basis for assessing pre-contractual obligations, increase legal certainty, and strengthen the principle of trust in business relationships and contractual negotiations. Deontological studies of the binding force of pre-contractual promises confirm that promises made before a formal contract have interrelated legal and ethical dimensions. From a legal perspective, although not always legally binding, the principle of promissory estoppel in common law and the principle of good faith in civil law can provide protection for parties who suffer losses due to unfulfilled pre-contractual promises. Meanwhile, from a deontological ethical perspective, the obligation to fulfill promises is based on universal moral principles, such as honesty and good faith, which form the basis of trust in business and legal interactions.
Position and Role of Witnesses in Making Notarial Deeds Based on the Notarial Law on the Cancellation of Authentic Deeds to Become Private Deeds (Case Study of Supreme Court Decision Number 1266 K/PDT/2022) Sudiro, Amad; Lestari, Mega Wahyu
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.v12i2.44803

Abstract

An authentic deed is written evidence which has perfect legal force in the civil law system in Indonesia. This deed is made by or before an authorized public official, namely a notary, in accordance with the form and procedures determined in the laws and regulations. However, in practice, deeds are often found that do not meet formal and material requirements so that it causes legal problems and harming the parties involved. One of these problems can be seen in the Supreme Court's Cassation Decision Number 1266 K/Pdt/2022, where the notarial deed was made without being attended and signed by witnesses, which is a violation of the provisions of Article 38 paragraph (4) letter c and Article 40 paragraph (1) of Law No. 30 of 2004 concerning the Position of Notary, and Article 1868 of the Civil Code. This study used a normative legal method with a statute approach and a case approach. The data collection technique was conducted through literature studies and analyzed descriptively qualitatively. The results of the study show that notarial deeds which do not meet formal legal requirements, such as not being attended by witnesses, result in the legal status changing to a private deed. In this case, a notary as a public official can be held legally accountable, either administratively, civilly, criminally, or through a professional code of ethics. Thus, the fulfillment of formal and material requirements in the making of a deed by a notary is an important aspect in ensuring legal certainty and protection for the parties.
Legal Protection of Third Parties in Problematic Notarial Deeds Based on Law No. 2 of 2014 and the Civil Code Salam, Ahmad Muhammad; Rokhyati, Sri; 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.v12i2.45309

Abstract

This study aims to analyze the form of legal protection for third parties in problematic notarial deeds and to examine the extent of the notary's responsibility if the deed causes losses to parties other than the parties who appear directly. This problem is important to study considering that notarial deeds have perfect evidentiary power and can have broad legal consequences, including for third parties who are not directly involved in making them. The method used in this study is the normative legal method with a statutory approach and a case approach. Data were obtained through a literature study covering primary and secondary legal materials, and were analyzed qualitatively to interpret applicable legal provisions and their application practices in dispute resolution. The results of the study indicate that legal protection for third parties has not been explicitly regulated in Law No. 2 of 2014 concerning the Position of Notary or in the Civil Code. However, protection can be provided through the application of general principles in civil law such as good faith, the principle of prudence, and the principle of responsibility for unlawful acts.  Notary liability can be requested if there is proven negligence in carrying out his/her duties that causes losses to third parties. This liability can be in the form of civil, administrative, or even criminal liability, depending on the form of violation committed. The conclusion of this study emphasizes the importance of strengthening regulations regarding notary liability and protection of third parties more firmly in laws and regulations. In addition, progressive legal interpretation is also needed from the judicial institution to ensure justice and legal certainty for all parties affected by the existence of notarial deeds.
From Clicks to Violence: A Study on the Role of Social Media in Radicalization and Terrorism Marizaldi, Deki; Pratama, Muhammad Herdi; Sulatiasto, Abipraya Guntur; Budiharso, Anaga
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.v12i2.44872

Abstract

This study aims to examine the role of social media in radicalization and terrorism. Social media has become an effective platform for extremist groups to spread their ideology, recruit members, and coordinate activities. The research highlights how extremist content is disseminated through social media, how these groups use the platforms to recruit and build communities, and how the narratives and propaganda they construct can influence individuals, especially those who are vulnerable. The impacts of radicalization through social media include changes in individual behavior and perspectives, social polarization, conflict, and an increased threat of terrorism. This study also discusses various prevention and countermeasures that can be implemented, such as counter-radicalization, deradicalization, and law enforcement.
The Authority of Notaries & Land Deed Making Officials (PPAT) from The Perspective of The Code of Ethics: Overlaps & Their Legal Implications Suprianto, Mutiara Anggia Putri; Damayanti, Nandaini Intan; 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.v12i2.45302

Abstract

This study discusses the authority of notaries and Land Deed Officials (PPAT) from the perspective of the professional code of ethics, focusing on the phenomenon of overlapping authority and its legal implications. Although the authority of these two positions has been strictly regulated in laws and regulations, in practice there are still frequent deviations, especially by officials who hold two positions at once. This study uses a normative legal approach with a literature study method on laws and regulations, codes of ethics, and related legal documents. The results of the study indicate that the form of overlapping authority occurs when a notary uses his capacity to exercise the authority of a PPAT or vice versa, which results in administrative errors and can harm the parties in legal transactions. The legal implications include the potential for formal defects in the deed, violations of the professional code of ethics, administrative to criminal sanctions, and civil lawsuits by the injured party. Therefore, a deep understanding and discipline are needed in carrying out the functions of each position in accordance with legal provisions and professional ethics to maintain integrity and legal certainty in public services.
Legal Certainty for Halal Tourism in the Implementation of Islamic Sharia in Aceh Province Zulfiyanda, Zulfiyanda; Ramlan, Ramlan; Wajdi, Farid
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.v12i2.44857

Abstract

Halal tourism in Aceh holds great potential in supporting economic growth, enhancing community welfare, and preserving Sharia values within the tourism industry. Through the implementation of Aceh Qanun No. 8 of 2013 on Tourism, the government has made efforts to develop infrastructure, services, and policies that support halal tourism. This study analyzes the implementation of halal tourism in Aceh, the challenges faced, and optimization strategies that can be applied to strengthen the competitiveness of this tourism destination. The findings indicate that although Aceh has various advantages such as supporting infrastructure, a strong Islamic cultural identity, and proactive government policies, challenges still exist in global promotion, the availability of internationally standardized halal tourism facilities, and perceptions of non-Muslim tourists. Therefore, a strategic approach is required, including improving infrastructure quality, digital-based tourism promotion, collaboration with the global tourism industry, and strengthening human resource capacity in this sector. With these strategic measures, Aceh can further solidify its position as a leading halal tourism destination that is not only economically beneficial but also contributes to the broader welfare of society.
A Multidimensional Study of the Law of Goods and Services Procurement Contracts in Indonesia Hartanto, Hartanto; Luthfan, Gusti Fadhil Fithrian; Syakdiah, Syakdiah
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.v12i2.44787

Abstract

Government procurement of goods/services always changes in the context of presidential regulations (Perpres), by making these regulations complete and in more detail; In this case, it is certainly a positive development to provide legal protection for contracting parties in the form of goods/services procurement agreements. Agreement or akad (Arabic) which is interpreted as a bond or conclusion; Meanwhile, according to the term, a contract is a mutual agreement or commitment, whether verbal, signed or written, between two/more parties which has binding legal consequences to carry it out. This research analyzes the principle of freedom of contract and balance, which is a principle that is generally used as a reference, even though it seems that there has been a violation of this principle, legally the contract is still acceptable; On the legal side, there is a backbone in the field of civil law, but in its development it often overlaps with the field of criminal law (corruption), and in this research it is linked to Islamic law. The perspective of Islamic law has stated that in the context of civil law a broken promise is qualified as a group that betrays Allah SWT; Meanwhile, according to criminal law, corruption is contrary to the theory of benefit.
Aspects of Legal Certainty in the Unilateral Cancellation of Notarial Deeds without the Presence of the Interested Party Sudiro, Amad; Dilla, Shinta
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.v12i2.44804

Abstract

The aim of this study is to discuss the Aspect of Legal Certainty in the Unilateral Cancellation of Notarial Deeds Without the Presence of Interested Parties, in which one form of legal certainty is Legislation. Furthermore, in order to guarantee legal certainty if there is a contract between legal subjects which requires further legal action, it is usually conducted by making an official deed made before a notary. The position and legal force of a notarial deed are important since notaries are given special authority by special laws so that the notary's responsibility for the cancellation of a deed needs to be further analyzed because it is an inseparable aspect of legal certainty in the civil law system in Indonesia. This study used normative research by using the approach method, theory/concept, and analysis method included in the discipline of dogmatic law by analyzing the decision of case Number: 1127/Pdt.G/2020/PN. Dps Data were collected through literature study and it was analyzed descriptively qualitatively with primary legal materials and secondary legal materials. This study concludes that a notarial deed will be an authentic deed if the deed is made in accordance with existing regulations and it meets the provisions stipulated in the Notary Law and the notary's responsibility in cancelling a notarial deed conducted unilaterally without the presence of a notary.

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