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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 Prosecution Independence in the Resolution of Inheritance Legal Disputes Involving State Assets or Public Interests Rasidi, Rasidi; Febrian, Febrian; RS, Iza Rumesten
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.v12i3.45842

Abstract

The independence of the prosecutor's office is crucial in resolving inheritance law disputes involving state assets or public interest, in order to prevent abuse of authority and potential state losses. Prosecutors often face external pressure when handling strategic inheritance cases that concern public interest. Therefore, this study aims to analyze the extent to which prosecutorial independence is maintained and how its role can be optimized in resolving inheritance disputes with broad impacts. This research is a normative legal study that seeks to identify legal rules, principles, and doctrines through literature review to address the legal issues examined. The research was prescriptive and explanatory in nature, providing systematic and comprehensive explanations and solutions to the legal issues. The approaches used include statutory, conceptual, comparative, and futuristic approaches, with secondary data collected through library research and analyzed qualitatively using a deductive reasoning method. The results show that the independence of the prosecutor's office in resolving inheritance disputes involving state assets or public interest is not yet fully ensured due to external intervention and pressure. The absence of technical guidelines and limited interagency coordination hinder the prosecutor's office from optimally protecting the interests of the state.
Legal Construction of E-Notary Based on Discretionary Authority of Notaries Utomo, Hatta Isnaini Wahyu
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.v12i3.45270

Abstract

In the 5.0 era, which is supported by the birth of new habits after the Covid-19 pandemic, which has accustomed people to activities using cyber technology. makes demands on Notaries to be able to adapt their services in making authentic deeds using cyber technology or what is known as e-Notary. Currently, e-Notary is difficult to implement because it is considered that there is no legal basis. This research analyzes the legal construction of the application of e-Notary based on the discretionary authority of the Notary and the application of e-Notary in context Ius Constitutum. This research is normative legal research using a statutory approach and a conceptual approach. The research results show that Notaries are part of public services. A notary is an official who carries out government functions to meet the needs of the public who need authentic deeds. Notaries are Government Officials so Notaries can use their Discretionary authority to carry out e-Notary. e-Notary can be implemented at this time by reinterpreting the provisions of Article 1868 of the Civil Code and the procedures for making authentic deeds as regulated in the Notary Position Law. The implementation of e-notary represents an adaption of the notary role in the digital age. The advantageous aspect of e-notary implementation is the convenience it offers the public in engaging with a notary for the creation of authentic deeds.
Legal Culture in Protecting Batik Motif Intellectual Property: Indonesia-Malaysia Small Business Comparison Mulyani, Sri; Kusumaningrum, Anggraeni Endah; Sukmariningsih, Retno Mawarini; Ahamad, Haniff
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.v12i3.47804

Abstract

Batik, as a national creation, is not only owned by Indonesia but also Malaysia with its own characteristics, giving rise to the need to protect the intellectual property of batik motifs amidst the potential for its preservation. The purpose of this study is to determine and compare the legal culture of small business actors in protecting innovative intellectual property batik motifs in Malaysia and Indonesia. The research method uses a comparative study with data collection through field observations in international community service programs, focus group discussions, question and answer discussions with batik artisans, direct visits to the Selangor Craft Industry Malaysia, and interviews with small business actors at workshop locations. The main findings indicate that the legal culture in Selangor Malaysia and Indonesia tends to not register copyrighted works of batik motifs, hampered by economic factors. The conclusion of the study underscores the importance of intellectual property legal protection to prevent preservation, with the formation of a strong legal culture can increase innovation, competitiveness, and income opportunities through licensing.
Transparency and Reform of Music Royalty Distribution in Indonesia, Australia, and the United States Jayanti, Ni Putu Nita Anggrelia; 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.v12i3.48499

Abstract

The protection of economic rights for songwriters and musicians in Indonesia is regulated under Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on royalty management. However, implementation through the National Collective Management Institution (LMKN) still suffers from weak transparency, accountability, and data integration. This study analyzes the transparency of Indonesia’s royalty distribution system, compares it with practices in Australia and the United States, and proposes reform strategies. Using a normative legal research method with statute, conceptual, and comparative approaches, this research examines primary legal sources, academic works, and institutional reports. The findings reveal Indonesia lacks an integrated database, detailed audits, and independent supervision, causing legal uncertainty and eroding creators’ trust. By contrast, Australia’s APRA AMCOS and the U.S. system through ASCAP, BMI, SESAC, and the Mechanical Licensing Collective (MLC) offer greater transparency via digital monitoring, open annual reports, and strict regulatory oversight. These mechanisms enable creators to trace royalty flows and secure fair compensation. The study concludes that Indonesia requires comprehensive reform through digitalization, a national database, transparent reporting, and stronger independent monitoring to achieve a fair and accountable royalty distribution system.
The Legal Status of Lineage and Inheritance Rights of Children Conceived After the Father’s Death (Posthumous Conception) in Islamic Jurisprudence Aiman, Lajuba; 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.v12i3.48516

Abstract

The advancement of assisted reproductive technology (ART) has raised new challenges in Islamic jurisprudence, particularly concerning lineage (nasab) and inheritance rights. One of the most complex bioethical and legal issues is posthumous conception, where a child is conceived after the father death using stored sperm or embryos. Classical Islamic law recognizes lineage only within a valid marriage (al firasy), which terminates upon the husband death, thus, posthumous conception questions the legitimacy of paternal lineage and inheritance. This study analyzes the legal position of such children under Islamic jurisprudence using a normative comparative method. It examines primary Islamic legal sources the Quran, Hadith, classical juristic opinions, and contemporary fatwas from institutions such as the OIC Fiqh Academy and Dar al Ifta al Misriyyah through the lens of maqasid al syariah. The findings confirm that posthumously conceived children cannot be attributed paternally because the marital bond has legally ended. Consequently, they are not entitled to inheritance under faraidh since they were not alive at the father death. Nevertheless, based on principles of justice (adl) and protection of lineage and wealth (hifz al nasl wa al mal), such children deserve moral and financial protection through non-inheritance mechanisms such as hibah or wasiat wajibah. The study concludes that Islamic law must adapt to biomedical developments while maintaining its core principles of lineage clarity, social justice, and compassion. This reinterpretation within the framework of maqasid al syariah ensures that Islamic family law remains just, humane, and responsive to modern ethical challenges
Justice in Property Distribution: Comparing Islamic and Bilateral Inheritance Law Huda, Miftakhul; Nasrulloh, Nasrulloh; Anam, Khoirul; Rahim, Abdul; Ahyani, Hisam
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.v12i3.39953

Abstract

This study examines the application of bilateral inheritance law in Indonesia in relation to Islamic inheritance principles and assesses justice in property distribution. Bilateral inheritance grants equal rights to all heirs regardless of gender, while Islamic law provides specific rules for fair distribution. Using a qualitative case study approach, data were collected through interviews with Islamic law experts, legal practitioners, and local community members, as well as analysis of relevant cases. The findings reveal that the application of bilateral inheritance often conflicts with Islamic justice principles, such as excluding deceased parents’ rights or favoring children from second marriages over the first. These inconsistencies reflect tension between local customs seeking equality and Islamic law requiring proportional fairness. The study recommends harmonizing customary and Islamic inheritance laws to improve justice in property distribution. This research contributes new insights into the challenges of integrating customary practices with Islamic legal principles in Indonesia’s inheritance system. The findings can support policymakers, legal practitioners, and communities in developing fairer inheritance practices that respect both traditions and Islamic jurisprudence.
Setting Refund and Warranty Clauses Urgency in Electronic Agreements: Harmonization between Covenant Law & Consumer Protection Fatakh, Abdul
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47078

Abstract

The rapid growth of electronic transactions in the digital era has driven the transformation of conventional contract models into e-contracts based on digital and automated systems. However, this transformation poses serious challenges in terms of legal protection for consumers, particularly regarding refund and warranty clauses, which are often unilaterally drafted by businesses. The main issue addressed in this research is the lack of clarity in the substance of refund and product warranty clauses in electronic contracts, which contradicts the principles of contractual fairness and consumer protection. This study used a normative juridical method with statutory and comparative legal approaches, focusing on international practices, particularly in the European Union. The findings reveal a regulatory gap in Indonesia's positive law, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions, and the Indonesian Civil Code. The absence of minimum standards for refund and warranty clauses results in an imbalance of power between businesses and consumers and undermines legal certainty in digital transactions. Therefore, there is a need to harmonize the principle of freedom of contract with consumer protection through the establishment of regulations that govern standard clauses in a transparent, proportional, and fair manner. Such regulation is expected to resolve the dilemma between business efficiency and the fairness of legal protection, and to foster the development of a sustainable digital trade ecosystem.
Augmented Reality Evidence: A Study of The Validity of Virtual Evidence in Islamic Courts Luthfi, Fuad
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.v12i3.48619

Abstract

his study examines the validity of Augmented Reality (AR) Evidence as a new form of evidence in the Islamic judicial system. The development of digital technology, particularly AR and Virtual Reality (VR), has presented new challenges and opportunities in the practice of evidence in court. The main objective of this study is to analyze whether AR-based virtual reconstructions can be recognized as valid evidence under Islamic law, and how their application is in line with the principles of fiqh al qadha and maqashid al syariah. The method used is normative-legal research (doctrinal legal research) with three main approaches: (1) the fiqh al qadha approach to examine the procedural norms of Islamic courts; (2) the maqashid al syariah approach with a focus on justice, protection of rights, and prevention of harm; and (3) a comparative approach, namely comparing modern regulations on e-litigation and electronic evidence with the perspective of classical Islamic law. Primary sources include the Qur'an, Hadith, and the works of classical scholars such as al Mawardi, Ibn al Qayyim, and al Sarakhsi, in addition to contemporary religious court decisions. Secondary sources include Islamic law journals, AR/VR literature, and regulations related to electronic evidence. The results of the study show that AR Evidence cannot be positioned as bayyinah (primary evidence), but rather as qarinah (supporting evidence) that strengthens other evidence. The acceptance of AR Evidence requires strict regulations and authentication mechanisms to prevent technological manipulation, including the potential for deepfakes. Furthermore, placing AR Evidence within the framework of maqashid al syariah will ensure that its use supports justice and protects the rights of the parties. The contribution of this research lies in the novelty of the idea of positioning AR technology in the discourse of Islamic judicial evidence, thus opening up space for the development of fiqh al qadha that is responsive to digital disruption.
Application of Development Law Theory in Overcoming Legal Voids Related to Land Ownership Restrictions in Indonesia Jaya, Febri; Sudirman, Lu; Tan, David
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.48622

Abstract

Considering that housing is a fundamental human need, the fulfillment of adequate housing constitutes a governmental responsibility. This aligns with the mandate of Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which guarantees a decent standard of living for all citizens. The government has a responsibility to provide decent housing for all Indonesian people. The absence of legal regulations regarding the limitation of ownership of land rights for residential houses for individuals causes a person to freely and without limits buy a residential house. Through a normative legal study, this research aims to examine the dimensions of the theory of developmental law and its application in addressing legal gaps concerning land ownership restrictions in Indonesia. To answer the problems in this research, the researcher uses a normative type of research with a legal approach to fill the lacuna of existing legal regulations in Indonesia since the object of the research is not yet legally regulated. The findings indicate that the theory of developmental law serves as a highly relevant and appropriate theoretical framework to be further explored and applied in filling the existing legal vacuum related to the study’s object. The problems faced by each individual (especially people of the middle to lower income) to get a decent house are of course the responsibility of the government. This situation is constitutionally mandated under the 1945 Constitution of the Republic of Indonesia. The answers to the problems, the researcher will approach the study by utilizing the approaches, in particular the Welfare State Theory of John Rawls, and the Law Development Theory of Mochtar Kusumaatmadja.
The Urgency of Harmonizing Civil Inheritance Law with Digital Assets in the Indonesian Legal System Ali, Nur; Salikin, Adang Djumhur; Kosim, Kosim
JURNAL AKTA Vol 12, No 4 (2025): December 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.v12i4.47286

Abstract

The development of digital technology has given rise to new types of non-physical wealth, such as cryptocurrency, e-wallets, social media accounts, and digital intellectual property. However, Indonesia's civil inheritance law system, which is based on the Burgerlijk Wetboek (Civil Code), does not explicitly regulate the status and mechanism of inheritance of such digital assets. The absence of specific regulations creates legal issues for heirs, ranging from difficulties in identification to obstacles in accessing the digital assets of the deceased. This study employs a normative and comparative legal approach by analyzing national legislation, inheritance practices in several countries such as the United States (RUFADAA), and theories of legal harmonization. The results of the study indicate that, conceptually, digital assets meet the criteria as legal objects that can be inherited because they have economic value and transferable ownership. However, the absence of explicit regulations in national law makes digital assets vulnerable to loss or improper distribution. Therefore, legal harmonization is an inevitability. Legal harmonization of inheritance regarding digital assets can be achieved through three main schemes. First, integrating digital assets into the list of inherited assets by explicitly including them in a will (testamentaire beschikking) or statement of assets. Second, establishing a mechanism for identifying and distributing digital assets involving notaries as legal actors and developing a national digital data system. Third, the formulation of technical regulations that grant legal access to heirs to the deceased's digital accounts and cryptocurrency wallets, accompanied by cross-border enforcement cooperation with global digital service providers. These three schemes are based on the principles of volledigheid van de nalatenschap, gerechtigheid (justice), and rechtszekerheid in Dutch law, and are in line with Nonet and Selznick's theory of responsive law, which encourages the adaptation of law to social and technological dynamics. The comprehensive reformulation of inheritance law provisions in the Civil Code is a strategic step in ensuring legal protection for heirs and addressing the challenges of digital inheritance in the information society era.

Page 73 of 75 | Total Record : 743

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