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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 PPJB Land Objects Certificate Issued on The Basis of Breach of Performance (Study of Decision Number 236/PDT. G/2022/Pn.TJK) Eferdy, Faiza; Nurlela, Nurlela; 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.v12i2.45310

Abstract

PPJB is an agreement between the seller and the buyer before the sale and purchase is carried out because there are elements that must be met for the sale and purchase. The problems in this study were analyzed using normative methods with qualitative analysis to obtain conclusions about Certificate Position Ownership Rights No. 00882 dated September 9, 2022 covering an area of 1,657 m2 (one thousand six hundred and fifty seven square meters) is invalid and can be canceled due to administrative legal defects, cancellation or an order to record changes to the maintenance of land registration data can be made according to laws and regulations. Administrative legal defects occur due to errors in: procedures in the process of determining and/or registering land rights; procedures in the process of registering transfers of rights and/or replacement certificates; procedures in the process of registering confirmation and/or recognition of rights to land formerly owned by customary law; procedural errors in the process of measuring, mapping and/or calculating the area; overlapping rights or land rights certificates; errors in the subject and/or object of rights; and other errors in the application of laws and regulations.
The Prudential Principle of Land Deed Official in Drafting Agreement: Minors Protection and the Role of the Orphans Chamber Pati, Sakka; Miru, Ahmadi; Marwah, Marwah; Yunus, Ahsan; Yasin, Rifky Adam
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.v12i2.45102

Abstract

Land Deed Officials are required to act diligently and professionally, adhering strictly to the principle of prudence when preparing sale and purchase deeds, particularly those involving property owned by minors. According to the Indonesian Civil Code, guardians must notify the Orphans Chamber (Balai Harta Peninggalan) and conduct the transaction in the presence of a supervising guardian when selling immovable property belonging to minors. However, in practice, such transactions often bypass the Orphans Chamber, raising legal concerns due to the potential for guardians to misuse the proceeds from the sale. This study explores how Land Deed Officials implement the prudential principle in drafting deeds for the sale of minors' property. Using qualitative methods, the research analyzes relevant legal frameworks, sale documents, and interviews with Land Deed Officials, Orphans Chamber representatives, and guardians. The findings reveal that the application of prudence by Land Deed Officials remains suboptimal. Many rely solely on court decisions authorizing parental guardianship, overlooking the legally mandated role of the Orphans Chamber in safeguarding the interests of minors. The study underscores the critical need for supervisory oversight to ensure the protection of children’s rights in property transactions.
Analysis of the Validity of Notarial Deeds in Land Ownership Transactions by Foreign Nationals through Nominees based on Law No. 5 of 1960 concerning Basic Agrarian Principles Prakoso, Giesma Dwi; Nabila, Shafa Kintan; 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.v12i2.45303

Abstract

Law No. 5 of 1960 concerning Basic Agrarian Regulations (UUPA) explicitly limits land ownership in Indonesia to Indonesian citizens (WNI). However, in practice, many foreign citizens (WNA) use the nominee scheme to acquire land by listing the name of the WNI as the formal owner in the land title certificate. This scheme is generally facilitated through a notarial deed containing a nominee agreement, absolute power of attorney, or a sale and purchase agreement. This study aims to analyze the validity of notarial deeds made in land ownership transactions by WNA through a nominee scheme based on applicable laws and regulations. The research method used is normative legal research with a statute approach and a case approach. The results of the study indicate that notarial deeds made in nominee transactions can be considered null and void because they conflict with the UUPA and the principle of legal certainty in the Indonesian agrarian system.  Based on Article 21 paragraph (1) and (3) of the UUPA, land ownership rights cannot be owned by foreign nationals, and if transferred to foreign nationals, the land must be released within one year or fall to the state. In addition, nominee agreements made before a notary also conflict with Article 1320 of the Civil Code because they have an “unlawful cause” (causa illicita). Therefore, stricter supervision of nominee practices and more assertive legal reform are needed to prevent misuse of this scheme and maintain agrarian sovereignty in Indonesia.
Securities Bankruptcy Due to Failure to Make Payments in Repurchase Agreement Transactions Riansyah, Wildan; Kusumaningrum, Adi; Chanifah, 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.v12i2.44813

Abstract

The Central Jakarta Commercial Court granted the request for bankruptcy to a securities company, PT. AAA Securitas requested by individuals, in this case individuals are GM and AGH through Decision No. 08/Pdt.Sus.PAILIT/2015/ PN.Niaga.Jkt.Pst. The Central Jakarta Commercial Court then decided upon the request of bankruptcy requested by GM as Petitioner I and AGH as Petitioner II granted and issued Decision No. 08 / Pdt.Sus.PAILIT / 2015 / PN.Niaga.Jkt.Pst by looking to see Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Article 8 paragraph (4) of Law Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the Central Jakarta Commercial Court granted the bankruptcy application completely and canceled the bankruptcy status for PT. Andalan Artha Advisido Sekuritas. This type of research used is normative research which is theoretical by interpreting and examining the application of the rules concerning conceptions, principles, doctrines and norms in positive law in force. Based on the results of the study it was found that the ruling was contrary to the provisions of Article 2 paragraph (4) of the Bankruptcy Law and SDPO because the party who has the right to submit a request for bankruptcy against PT. AAA Securities are Financial Services Authority (Otoritas Jasa Keuangan/OJK).
Future Direction of Binding Sale-Purchase Agreements as Tax Objects for Land and Building Rights Acquisition Keumala, Dinda; Probondaru, Ignatius Pradipa; Setiawati, Anda; Arsawan, I Gede Yudi; Wiratno, Wiratno
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.v12i2.44247

Abstract

A Binding Sale and Purchase Agreement is a preliminary agreement made by parties before a Notary before the execution of a Sale and Purchase Deed before the Land Deed Official. This study examines the existence of a binding sale and purchase agreement regulation as the object of the Levy on Acquisition of Land and Building Rights payment, it identifies the factors causing inconsistencies in the normative regulation of A Binding Sale and Purchase Agreement transaction as the Levy on Acquisition of Land and Building Rights objects. The findings show that there are inconsistencies between the provisions stipulated in Law No. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments and Government Regulation No. 35 of 2023 concerning General Provisions for Regional Taxes and Regional Levies regarding the timing and object of the Levy on Acquisition of Land and Building Rights payment. Specifically, Article 49 letter a of Law No. 1 of 2022 determines that the Levy on Acquisition of Land and Building Rights is due at the signing of the binding Sale and Purchase Agreement, while Article 18 paragraph (3) of Government Regulation No. 35 of 2023 stipulates different conditions, leading to regulatory disharmony.
The Role of the Supervisory in Manifestation of Good Public Service: Can Resolving Problematic Notary Cases? Tan, Winsherly; Amboro, Yudhi Priyo; Silviani, Ninne Zahara
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.v12i2.44915

Abstract

Public service is a way to realize a prosperous country. Notaries are officials who provide public services in the field of legal services for the community. The role of notaries is very important in providing legal certainty. The purpose of this study is to analyze notary services in the Riau Islands Province and the role of the supervisory board in supervising the performance of notaries. The method in this study is empirical juridical. In answering the problem in this study, the legal basis namely Law Number 2 of 2014 Concerning the Position of Notary and theoretical basis is used, namely the theory of legal certainty by Hans Kelsen and legal protection theory by Philipus M. Hadjon. The results of the study show that notary services still face various problems, especially in the Batam City area. However, there still needs to be synergy between regional and central supervisors in taking firm action against notaries who do not provide good public services. The role of regional supervisors in providing guidance to notaries is expected to provide preventive and repressive protection. The preventive role can be carried out through guidance and repressive can be carried out with the active role of supervisors at the central level in providing sanctions for permanent dismissal based on recommendations from the supervisory board at the regional level.
Authentic Notarial Deed as Evidence in Civil Court: Implications of Forged Signatures Agustini, Shenti; Alhakim, Abdurrakhman; Sudirman, Lu
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.v12i2.45233

Abstract

A notary is an official who is authorized to make an authentic deed that has legal force when used as evidence in a contract conference. The purpose of this study is to analyze the forgery of signatures on authentic deeds that are used as evidence in a civil trial. The research method used is normative juridical. The results of the study show that there are cases of forgery of authentic deeds that are used as evidence in a civil trial, while the judge in the civil trial only seeks formal truth, not checking the authenticity of the authentic deed data. If there is forgery of an authentic deed, it can go to criminal court. Therefore, in order for the civil trialto run efficiently, the judge in the civil trial should not only seek formal truth, but also material truth by using the judge's belief. Based on the coherence theory, the judge in the civil trial is still given the opportunity to find the law through the interpretation of statutory regulations. Then based on the theory of evidence, judges in civil trials can also use their beliefs which are referred to as material truth.
Judicial Mechanisms for Medical Disputes: A Normative Analysis of Litigation and Non-Litigation Pathways in Indonesia Gomes, Florindo Cardoso; Adiyaryani, Ni Nengah
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.v12i2.47007

Abstract

Law Number 17 of 2023 controls how medical services are given in Indonesia. It also explains how to solve medical disputes. These disputes often happen because of mistakes either on purpose or by accident by healthcare workers. Articles 305, 308, and 310 explain how to handle these cases. However, they are not clear and are hard to apply. There are no clear rules about panel decisions, case deadlines, or how to judge if a doctor was negligent. This study uses a legal research method based on laws and legal ideas. It uses primary, secondary, and supporting legal sources through library research and logical analysis. The study finds that the system for solving medical disputes in Indonesia is unclear. This is because of weak law enforcement, poor legal rules, and different ways of reading the law. This creates unfairness for patients, doctors, and health institutions. To solve this, Indonesia needs to build a special medical court. This is important and urgent. By learning from other countries and adjusting it to the local legal system, such a court can bring more fairness, clarity, and faster decisions. It can also improve public trust and make health services better and safer.
Ideal Regulation on Endorser Responsibility for Consumer Losses from Promotional Actions by Endorsers Mufidah, Lailatul; Kusumadara, Afifah; Eta Widyanti, Yenny
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.v12i2.44812

Abstract

Advertising strategies through social media are increasingly being chosen by business actors to market their goods and/or services. The existence of advertising strategies through social media has given birth to a new term known as endorsers. The rapid development in the world of advertising is not balanced by the development of laws in the legislation in Indonesia which is specifically regulated through Law Number 8 of 1999 concerning Consumer Protection. The purpose of this study is to find out the ideal regulation of endorser liability for consumer losses due to promotional actions carried out by endorsers. The research method used in this study is normative legal research with a conceptual approach, a statutory approach, and a comparative approach with the Code of Federal Regulations (CFR) Part 255 on Guides Concerning the Use of Endorsements and Testimonials in Advertising. The results of this study are the urgency for legislation in Indonesia to regulate endorsers in detail and explicitly so that endorsers can be held accountable for promotional actions carried out by them.
The Exploitation of Artificial Intelligence in Digital Artworks: The Challenges of Copyright Recognition in the Post-Human Era Sjofjan, Lindryani; Nugraha, Roby Satya
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.46789

Abstract

The purpose of this research is to provide an in-depth explanation that the development of artificial intelligence technology (AI) has revolutionized the process of creating digital artworks. AI is now able to produce works that resemble, even surpass, human creations. This phenomenon poses significant legal challenges, especially related to copyright recognition. In the context of the post-human era, where the boundaries between humans and machines are increasingly blurred, the fundamental question arises as to who deserves to be called a creator: human, machine, or both. This article examines the current copyright legal framework and examines the extent to which legal norms are able to accommodate the existence of AI as a creative entity. The method used is a normative juridical approach with analysis of national and international regulations, as well as case studies of a number of AI-based digital artworks. The findings show that the current legal system is not fully ready to regulate the protection of copyrights involving AI autonomously. Therefore, regulatory updates are needed that are responsive to technological advances and still ensure justice for creative actors in the digital era.

Page 71 of 75 | Total Record : 743

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