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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 Loss of Land Rights under Kasepekang: Balinese Customary Law and Indonesian Agrarian Law Pragas, Priyanka; Made Wirya Darma, I
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.v12i4.48288

Abstract

This study explores the application of kasepekang, the most severe customary sanction in Balinese traditional law, and its implications for land rights over pedruwen desa, particularly Pekarangan Desa (PKD) and Ayahan Desa (ADS). The sanction of kasepekang is imposed on individuals or families who commit serious violations of awig-awig or pararem desa, leading to the loss of their status as members of the customary village (krama desa). This loss of status results in the forfeiture of rights to PKD and ADS lands, which are often inherited and cultivated for generations. Such practices raise complex issues when examined under Indonesia’s national agrarian law, as the Basic Agrarian Law No. 5 of 1960 and Government Regulation No. 24 of 1997 explicitly safeguard long-term land tenure and constitutional rights guaranteed under Article 28H of the 1945 Constitution. The objective of this research is to analyze the concept of kasepekang in Balinese customary law, evaluate its compatibility with national agrarian principles, and formulate a harmonization framework that allows the enforcement of customary sanctions without violating constitutional protections. Employing a normative legal method with statutory, conceptual, and comparative approaches, this study applies Philipus M. Hadjon’s Theory of Legal Protection, Gustav Radbruch’s Theory of Legal Certainty, and John Rawls’ Theory of Justice. The findings confirm that while kasepekang is legitimate within customary law as an instrument of social and religious order, it cannot be extended to revoke PKD and ADS land rights. The novelty of this study emphasizes restricting kasepekang to socio-religious domains, supported by clear mechanisms for mediation and rehabilitation, thereby ensuring legal certainty while preserving the integrity of customary law within the national legal system.
Implications of Digital Transformation of Land Registration Processes as Seen in The Face of Agrarian Law Gulianti, Lia; Kurniati, Nia; Nurhayati, Elis
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.v12i4.48945

Abstract

Digital transformation in the Land Registration Process is part of the modernization of land administration and services in Indonesia. The digitalization of the land registration process is regulated by Regulation of the Minister of ATR/BPN No. 3 of 2023 concerning the Issuance of Electronic Documents. The land registration activity refers to Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021. The legal umbrella for the digitalization of land registration is regulated in the UUITE, UUSPK, PP PSTP, PBBSSN, and Presidential Decree SPBE. Digital transformation involves electronic land registration, making the shift to the UUPA a specialist lesson from the perspective of legal certainty and legal protection. There are crucial issues regarding the electronic system, the legality and evidentiary power of electronic certificates, especially in the event of a dispute or system failure. Meanwhile, the electronic system also affects legal protection faced with data security risks, the potential for digital maladministration, resulting in losses arising from system errors. The implications of digital transformation in the land registration process in the UUPA and PP are required to evaluate the extent to which the implementation of electronic systems is able to guarantee Legal Certainty which must be clear, consistent and predictable as well as Legal Protection (guarantee provided by the legal system to protect every right to land ownership for the community, as well as identifying the problem of disharmony or overlapping rules as a logical consequence of legal implications and digital implications. This qualitative research applies a juridical-normative approach and is enriched with in-depth interview data. Of course, the most fundamental implication is the emergence of disharmony of rules between lex specialis, namely the UUPA with Lex Generalis UU ITE and technical regulations that support digitalization, and overlapping regulations related to the protection of ownership rights and the validity of electronic evidence (for example between BPN government regulations and the ITE Law). This condition hinders the realization of the goals of Indonesia's Transformation Infrastructure in the land sector. This research recommends comprehensive harmonization of regulations, the establishment of clear legal responsibilities in the digitalization of the land registration process.
Tripartite Institutional Mechanism in the Discussion of the Draft Law Wuisang, Ari; Nugraha, Roby Satya
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.v12i4.46878

Abstract

This article explores the emergence and implementation of a tripartite institutional mechanism in the legislative process in Indonesia, particularly following the Constitutional Court Decisions No. 92/PUU-X/2012 and No. 79/PUU-XII/2014. These rulings affirm the legislative role of the Regional Representative Council (DPD) alongside the House of Representatives (DPR) and the President, establishing a more balanced representation in drafting laws within specific areas. Using a normative juridical approach, this study analyzes the constitutional foundations, institutional practices, and comparative perspectives on bicameralism. The research identifies significant structural and functional disparities between the DPR and DPD, despite the formal recognition of the DPD’s legislative rights. Although the DPD may participate in the first and second-level discussions of draft bills, it is excluded from the final approval stage. Moreover, DPD-initiated bills and proposed revisions are often ignored in practice, weakening its legislative impact. Drawing from comparative constitutional studies, the article highlights the typologies of bicameralism—ranging from perfect to weak—and situates Indonesia's model within the broader global context. The findings underline that a truly effective tripartite mechanism requires not only formal recognition but also practical and procedural adjustments to ensure power-sharing and institutional dignity. The authors recommend enhancing the DPD's authority through constitutional practices, internal institutional development, and greater political negotiation capacity to strengthen its legislative influence and create a more balanced parliamentary structure.

Page 75 of 75 | Total Record : 743

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