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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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Legal Review of SISKA KU INTIP Program as Substitution for Plasma Obligations in Livestock Partnerships Rahman, Rojali; Munawar, Akhmad; Hidayatullah, Hidayatullah; Listiyani, Nurul; Megasari, Indah Dewi
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.v12i3.46063

Abstract

This research examines the SISKA KU INTIP Program (Palm Oil–Cattle Integration System Based on Core–Plasma Livestock Business Partnerships) as a role model for partnerships between palm oil plantation companies and communities. This program is an alternative to the obligation to build plasma plantations of 20% of the area regulated in Law No. 39 of 2014 concerning Plantations. In practice, limited land and high levels of agrarian conflict often hinder the implementation of plasma. SISKA KU INTIP offers a more flexible and productive solution through a palm-cattle integration. This research aims to: (1) find out how the SISKA KU INTIP program is implemented in oil palm plantations, and (2) analyze the legal politics in supporting this program as a role model for developing cattle-oil palm integration as a substitute for plasma obligations in Indonesia. The research method was normative juridical, with a statutory regulation and legal policy approach. Data was obtained through a literature study of primary, secondary, and tertiary legal materials. The analysis is carried out systematically, teleologically, in legal politics, legal discovery (reasoning and interpretation), and legal certainty. The research results show that although it has not been explicitly regulated as a substitute for plasma obligations, SISKA KU INTIP has a legal basis in various supporting sectoral and regional regulations. In addition, several academic studies have been conducted regarding the results or impact of SISKA KU INTIP on the plantation sector. This program can be applied normatively, technically, and socially as a model for substituting plasma obligations, as long as there is policy harmonization between the central and regional governments. This program also supports social justice and sustainable development through the values of Pancasila and the 1945 Constitution.
The Government Procurement Contract (A Juridical Review between Civil Code VS Presidential Regulation) Situmeang, Tomson
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.v12i3.46792

Abstract

There are two types of provisions that govern agreements, namely private law and public law. PBJP is a government activity that is realized through a contract, but the contract is unique because it is hybrid, it is a private contract but is subject to the provisions of public law. This research aims to conduct a critical review of the differences or inconsistencies between the rules regarding Government Procurement of Goods/Services (PBJP) contained in Presidential Regulation Number 46 of 2025 and the fundamental principles of agreement law contained in the Civil Code (KUHPerdata). The theoretical foundation of this research rests on the theory of legal certainty and Hans Kelsen's and Nawiasky's theory of tiered legal norms (Stufenbau Theorie). Methodologically, it adopts a normative juridical approach, specifically through statutory and conceptual analyses. The results showed that the regulation of PBJP through the Perpres normatively contradicts the principle of hierarchy of legal norms because the Civil Code as lex generalis is a product of law that is higher than the Perpres. Ironically, the Perpres plays a dominant role in the practice of implementation and dispute resolution of the PBJP contract, including when there is a wrong interpretation that makes default a corruption crime. The main finding of this article is the importance of adjusting the regulation of PBJP with the principles of civil law and hierarchy of norms, as well as the need for the establishment of a separate law that comprehensively regulates PBJP. Thus, the legal regulation of PBJP must be placed in the national legal system consistently in order to create legal certainty and prevent overlapping between public and private norms.
The Influence of The Family Environment That Results in Children Becoming Crimes Pasaribu, Yusuf Hanafi
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.v12i3.46391

Abstract

This research aims to analyze legal policies related to the influence of the family environment on the occurrence of criminal acts by children. Children as part of society are often influenced by the environment around them, especially the family, which plays an important role in shaping their character and behavior. In some cases, instability in the family environment can increase the risk of children being involved in criminal activities. Therefore, appropriate legal policies are important in addressing this issue. This study identifies various factors in the family environment that can affect children's behavior, such as family conflict, lack of parental attention, and economic and social factors. In addition, this study also assesses the effectiveness of existing legal policies in dealing with children involved in criminal offenses, including rehabilitation and guidance policies that focus on child recovery rather than punishment alone. The results show that legal policies based on restorative approaches, which prioritize recovery and education for children, have proven to be more effective than repressive punitive policies. It is recommended that legal policies prioritize the role of families in preventing juvenile crime and strengthen coaching programs to help children get back on track. This research also emphasizes the importance of collaboration between legal, educational and social institutions in creating an environment that supports the healthy development of children free from bad influences.
The Relationship among Islamic Law and Customary Law: A Study on Wedding Processions in Kuntu Village ZIkri, Ahmad
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.v12i3.46783

Abstract

Islamic law affects the legal style in Indonesia. This is because the majority of the Indonesian population adheres to Islam. Islamic values enter the joints of people's lives. This study aims to analyze the traditional wedding procession in Kuntu Village about Islamic law and whether it is appropriate or contradictory. The method used in this study is qualitative research. This research was conducted in Kuntu Village, Kampar Kiri District, Kampar Regency, Riau Province. The information collected in this study is related to the harmony of customary law and Islamic law at weddings in Kuntu Village, which begins by looking at how the wedding procession is carried out in Kuntu Village and seeing how customary law and Islamic law run. This study concludes that customary law and Islamic law in the procession of traditional wedding events in Kuntu Village go hand in hand. The people of Kuntu Village give the motto that the custom of besandi syara', syara' besandi kitabullah.
The Principle of Proportional Contracting in Sharia Bank Financing Contracts in Optical Maqasid Sharia Kurrohman, Taufik
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.v12i3.44869

Abstract

The principle of proportionality in Sharia financing contracts upholds equality. The manifestation of equality cannot be seen mathematically but is oriented towards legal equality. The same proportion in the contractual relationship between the parties is manifested in the clauses of the agreement contract. Contractual justice can be realized with two approaches to value: the first is a technical approach that focuses on freedom of will in a contract, and the second is a substantial approach that is reflected in the clauses of the contract. Both approaches will reflect the contract proportionally and distort the dominance of freedom of contract. The method of binding sharia banks which is relatively the same as conventional banks, is one of the factors that builds the perspective of the community that sharia banks are the same as conventional banks but ignores the differentiating meaning of sharia banks is the content of the contract clauses based on sharia principles, especially fiqh muamalat. The research method was conducted descriptively and analytically with a normative legal approach. The results of the study show that first, the principle of proportional contracting based on maqasid sharia can be realized with a balance of risk and benefit (al qurmu bilgurmi), educating individuals is realized with professionalism, transparency, and honesty (dar'ul mafasid aula min jalbil manafi), and the realization of actualized benefits through supervision of sharia contract products based on sharia compliance. Second, the application of the principle of proportionality in contracting in sharia financing contracts is not by maqasid sharia, this is reflected in the major premise of the clause of the sharia bank financing contract such as the mechanism for paying obligations, tax deductions, providing collateral guarantees, breach of promise and clauses of negligence of guarantee statements and clauses of accelerated repayment deductions.
A Legal Analysis of the Supervisory Judge's Authority in Cancelling Asset Auctions in Bankruptcy Processes (Case Study of Supreme Court Decision No. 1863 K/Pdt.Sus-Pailit/2022) Farahditya, Nabilah Fitroh
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.v12i3.44845

Abstract

An inquiry is in progress on the bankruptcy case of PT Rukun Bersama Sentosa and Rangga Prasetya. As both firms are currently undergoing bankruptcy proceedings, a legal investigation into the validity of the asset sale associated with Rangga Prasetya has emerged. The cassation verdict pertains to the Supervisory Judge's competence to annul the auction and enforce the regulations governing auction cancellation in bankruptcy proceedings. This decision was made in accordance with bankruptcy law provisions. The Supreme Court of Indonesia overturned the ruling of the Commercial Court rendered by the Surabaya District Court. The Supreme Court provided direction on the proper implementation of the law in this particular bankruptcy case. The regulations and statutes that define the limits of the Supervisory Judge's jurisdiction and the procedure for the annulment of asset auctions impacting creditors and debtors are referred to as the applicable regulations and laws. This research utilized a methodology known as normative legal analysis, which focuses on positive legal norms, principles, and doctrines. This technique guided the conducted investigation. The methodology was implemented in a case-specific manner. Three main kinds of legal papers can be utilized to access the data sources. These include primary legal resources, secondary legal materials, and tertiary legal materials. This case extends the Supervisory Judge's jurisdiction in bankruptcy proceedings, particularly regarding the annulment of the debtor's assets, so strengthening the legal protections given to debtors filing for bankruptcy.
Integration of Economic Analysis of Law and Restorative Justice in Criminal Law Reform: An Interdisciplinary Approach for Efficiency and Humanization of the Justice System Lesmana, CSA Teddy
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.v12i3.45125

Abstract

This study aims to analyze the challenges of the Indonesian criminal justice system, particularly its lack of effectiveness, efficiency, and substantive justice caused by overcriminalization and prison overcapacity. The purpose is to develop a more efficient and humane sentencing policy by integrating Economic Analysis of Law (EAL) and Restorative Justice (RJ) into a comprehensive policy framework. The research method used is normative juridical with multidisciplinary approaches, combining conceptual, historical, and comparative analysis. The study critically evaluates weaknesses in the conventional sentencing system, examines the substantive provisions of the 2023 Criminal Code (KUHP), and applies cost-benefit analysis within the framework of restorative justice values. The analysis also considers comparative perspectives from other jurisdictions and incorporates insights from law, economics, criminology, and social sciences to ensure a more holistic understanding. The novelty in this research is the formulation of an integrative EAL-RJ model that not only addresses efficiency through economic considerations but also promotes social restoration, participation, and justice for victims and offenders. Unlike existing approaches that separate deterrence from restoration, this model seeks to combine both objectives in a balanced way. It is designed to be flexible and applicable across different types of crimes, including serious offenses, with decision-making based on evidence, proportionality, and societal participation. Based on the research, it can be concluded that the integration of EAL and RJ offers a promising alternative to conventional punitive sentencing. This integrative model can reduce overcapacity in correctional institutions, enhance cost efficiency, and promote reconciliation and social harmony. The study thus contributes to the development of a more contextual, fair, and restorative-oriented Indonesian criminal justice system that is sustainable in the long term.
Legal Protection of Children Born Through Surrogacy: A Comparative Legal Analysis Hardika, Made Chersyana Dwidiantari; Mahadewi, Kadek Julia
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.v12i3.46289

Abstract

This study aims to examine the legal protection and recognition of children born through surrogacy by comparing the legal frameworks of three countries: Indonesia, Iran, and Australia. The objective is to analyze how each country regulates the civil status, identity, and inheritance rights of children born through assisted reproductive technologies, with a specific focus on surrogacy arrangements. The research method used in this study was normative legal research with a comparative approach. It utilizes secondary legal materials such as statutory laws, judicial decisions, and religious doctrines to assess the extent of legal certainty and child protection provided under each national legal system. The novelty in this research lies in its integrative comparative analysis of countries with differing legal traditions, Australia with its positivist legal framework, Iran with its reliance on Shi’a Islamic jurisprudence and religious fatwas, and Indonesia which currently lacks specific regulations governing surrogacy. This research also proposes the adoption of a Parentage Order mechanism in Indonesia, inspired by Australia’s legal model, to ensure the recognition of genetic parenthood without requiring adoption procedures. Based on the research, it is concluded that Indonesia presents the weakest legal protection due to the absence of specific legislation, resulting in legal uncertainty for children born through surrogacy. In contrast, Iran provides legal clarity through religious and judicial mechanisms, while Australia offers a well-regulated system grounded in the best interests of the child. The findings suggest that Indonesia urgently needs legal reform to recognize surrogacy and ensure comprehensive protection of children’s rights in accordance with international human rights standards.
Maqashid Sharia Analysis of Position The Poor Commercial Sex Workers as Mustahik Zakat in Indonesia Ramadi, Bagus; Tarigan, Azhari Akmal; Hamdani, Muhammad Faisal
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.v12i3.46310

Abstract

The purpose of this study is to describe the maqashid sharia analysis of the position of poor prostitutes as Mustahik zakat in Indonesia. Zakat is a form of economic and social concern from muzaki to mustahik. But in the current era, many groups are considered worthy of zakat but are hindered by regulations, fiqh doctrines and stereotypes regarding certain professions. Especially in reaching marginalized groups such as prostitutes. Sex workers are part of a group that is marginalized and exploited both in terms of economic, moral and social. Using the statue approach and comparative approach, this research will look at the legal regulations in Indonesia and compare with the opinions of scholars regarding the position of prostitutes and see the extent of the opportunity for zakat distribution to prostitutes by analyzing it using maqashid sharia theory. The findings of this study reveal that the distribution of zakat to poor prostitutes can theoretically be done with various schemes including training, soft skill development and business capital injection. However, there is no regulation in Indonesia that allows this either in the law or fatwa. In terms of Islamic law, there are hadith and scholarly views that allow giving zakat as long as it is to help her get out of her profession as a prostitute, not to support her. From the maqashid sharia analysis, giving zakat to prostitutes can protect; First, the soul (ḥifẓ al-nafs) by encouraging prostitutes to leave their profession as soon as possible so that they can prevent sexual diseases, violence and sexual exploitation that can threaten them. Second, honor (ḥifẓ al-'irdh) encourages recovery and rehabilitation in their social environment. Third, wealth (ḥifẓ al-māl), empowering the economy by providing training and business capital. Fourth, religion (ḥifẓ al-dīn), zakat becomes a means of da'wah to return to being a good Muslim.
Diploma Withholding by Companies in the Perspective of Constitutional Rights to Education and Employment : A Case Study in Surabaya Syaidi, Ridwan
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.v12i3.44950

Abstract

This study examines the practice of diploma withholding by companies in Indonesia from the perspective of constitutional rights to education and employment. Diploma withholding, often imposed as a means of ensuring employee compliance, raises fundamental legal issues as it involves the misuse of personal documents containing private data and potentially violates workers’ constitutional rights guaranteed under Article 28D paragraph (2) and Article 31 of the 1945 Constitution. Using a qualitative normative legal research method with statutory and case approach, this study analyzes the legal implications of such practices in relation to labor law, the Law on Personal Data Protection, and constitutional guarantees. The findings show that diploma withholding not only undermines legal certainty and fair treatment in employment relations but also contradicts the principle of human dignity protected under constitutional law. The study concludes that diploma withholding should be considered a violation of constitutional rights, requiring stronger regulatory enforcement and constitutional awareness by both state authorities and corporate actors.

Page 72 of 75 | Total Record : 743

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