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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 769 Documents
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Expert Evidence and Competence Standards in Indonesian Criminal Procedure: Revisiting KUHAP, the Draft KUHAP, and Law No. 2 of 2017 Rochman, M.
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.v12i4.49114

Abstract

The role of experts in the criminal justice system constitutes an important instrument for ensuring objectivity in the evidentiary process; however, regulatory ambiguities remain concerning the limits of expert authority, certification requirements, regulatory synchronization, and legal protection within the Criminal Procedure Code, the Draft Criminal Procedure Code, and Law Number 2 of 2017 on Construction Services. This study aims to examine the position and role of experts in Indonesian criminal law based on these regulations in order to provide greater legal certainty and enhanced protection for expert witnesses. The research employs a normative juridical method using statutory and comparative approaches. The findings reveal persistent ambiguities across the examined regulations, including the absence of clear provisions defining the scope of expert authority in criminal proceedings, uncertainty regarding the function of experts in providing technical recommendations, unclear requirements for special certification particularly in cases where experts possess practical expertise without formal certification the lack of synchronization between KUHAP, RUU-KUHAP, and the Construction Services Law. The study underscores the need for clearer, harmonized regulations governing expert testimony to ensure legal certainty, professional accountability, and effective protection for experts within Indonesia’s criminal justice system.
Regulatory Disharmony of NFTs and the Problematics of Smart Contract Validity: Implications for the Law of Obligations and Fiduciary Security Anwar, Gamitra; Al-Fatih, Sholahuddin; Arief, Sofyan
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.v12i4.49246

Abstract

This study analyzes the fundamental regulatory disharmony concerning Non-Fungible Tokens (NFTs) and smart contracts within the Indonesian Civil Law system. The root of the problem is identified as a rechtsvacuüm (legal vacuum) and the "ontological silence" of the Indonesian Civil Code (KUHPerdata), which fails to provide a definitive property status (zaak) for digital assets. This failure of the lex generalis triggers a "Regulatory Trilemma," wherein the status of NFTs is fragmented among the commodity regime (Bappebti), property law (KUHPerdata), and Intellectual Property Rights (Copyright Law). This normative-juridical research finds that such disharmony creates a domino effect in two realms. First, it threatens the substantive validity of smart contracts regarding the objective requirement of "a certain subject matter" (Article 1320 of the KUHPerdata) and confronts the adage 'code is law' with the principle of "good faith" (Article 1338 of the KUHPerdata). Second, the potential of NFTs as objects of fiduciary guarantee (UUJF) becomes practically paralyzed due to fundamental obstacles in valuation, registration (centralization vs. decentralization), and execution (private keys). Through a comparative law approach utilizing the Singaporean ruling of Janesh v. Chefpierre, this study recommends the adoption of "functional reasoning" through judicial rechtsvinding and legislative reform of the KUHPerdata to fill the legal void.  
The Integration Model of Malay Jambi Customary Law Values into the National Legal System for the Resolution of Customary Land Compensation Disputes Suhermi, Suhermi; Manik, Herlina; Hasan, Umar; Amir, Diana
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.v12i4.48577

Abstract

Agrarian conflicts in Jambi Province, particularly those related to compensation for customary land (tanah ulayat), reveal the weak integration between customary law and positive law in protecting indigenous peoples’ rights. This study aims to analyze the implementation of compensation for customary land in Jambi and formulate a model of integrating Malay Jambi customary law values into the national legal system. The research employed a normative juridical method with conceptual and evaluative approaches, supported by secondary empirical data from civil society organizations such as WALHI, BRWA, and AMAN. The findings indicate that compensation practices in Jambi emphasize individual cash payments, disregarding the communal nature and spiritual dimensions of customary land. This situation is often exacerbated by the criminalization of indigenous communities in disputes with corporations, further weakening their bargaining position in conflict resolution. As a solution, this study proposes the HARMONI-ULAYAT Model, a framework for integrating the spiritual, social, participatory, and collective sovereignty values of Malay Jambi customary law into positive law. This model can take the form of local policies, administrative regulations, or hybrid tribunals to institutionalize adat-based conflict resolution. This article contributes to the development of agrarian and customary law studies and provides a reference for more responsive policies toward substantive justice.
A New Transformation Model of Electronic Waqf Management Using Barcode Scanning in Indonesia Victoria, Ong Argo; Sumiati, Siti
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.v12i4.50373

Abstract

Virtual Payment through barcode scanning is one of the impacts of digitalization and modernization of technology in the field of payment management in various ways, which initially through the Transfer System (Manual Transfer; ATM; Mobile Banking etc.) to the Barcode System (QR Code; QRIS, Universal Product Code (UPC-A); EAN-13; Datamatrix etc.). Not to mention E-money and various E-Commerce Platforms providing electronic payment services such as OVO and GO-PAY, etc. they also use barcode scanning and are even considered more effective and considered easier by most people. Therefore, Waqf Management should also adapt to the development of world technology which is increasingly modern and more flexible, one of which is using the barcode scan above. Unfortunately, there are still many Waqf Managers (Nadzir) in Indonesia who still apply the Conventional Management System where they tend to maintain old habits in collecting funds from Waqf (Wakif) for certain reasons, both lack of understanding of religious doctrine and lack of ability to utilize current developments in information technology. This certainly causes the ineffectiveness of the Muslim community in Waqf Asset Management, especially the understanding of waqf assets (Mauquf) which is conservatively fixed (land/goods) to movable (money/cash), from the original tangible (real) to intangible (abstract/electronic/E-Waqf). In fact, Islamic countries are starting to change the conventional waqf asset management system to electronic waqf with the help of banking systems and types of payment systems, such as Kuwait, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Egypt, Turkey, Bangladesh and Malaysia. In Indonesia, digitalization in the financial sector has actually been supported by the government by launching the GNNT program aka the National Non-Cash Movement since 2014 but has not been realized optimally. In addition, Zakat, Infaq, Shodaqah (ZIS) has also begun to widely use barcode scanning even affixed to donation boxes and mosque walls. However, for waqf it is very minimal due to different conceptual understandings. Therefore, there is a need for wider socialization and increased financial inclusion so that the management of Islamic waqf funds becomes faster, more efficient, integrated, secure, controlled and cross-border. This thesis aims to; 1) To find out how the current condition of Electronic Waqf (E-Waqf) in Indonesia is. 2) To analyze the transformation model of Electronic Waqf Management (E-Waqf) via Barcode Scan in Indonesia. This research is a qualitative research with a descriptive analytical approach. The data collection technique used is a literature study, through books, scientific journals, websites, etc. In addition, interviews with several informants from sources as a reinforcement of research data. The data analysis technique uses qualitative analysis techniques that have four stages, namely data collection, data reduction, data presentation and the final step is drawing conclusions and verification. The results of this study are expected to transform Electronic Waqf Management (E-Wqf) in Indonesia to be more Modern, Accessible, Fast, Safe and Transparent through Virtual Payment via Scan Barcode as a medium for collecting waqf funds quickly and accurately while being directly supervised by the Indonesian Waqf Board (BWI) as the Organizer, Financial Institutions; Business Entities, and/or Communities that have been appointed to prevent misappropriation of funds. The ultimate goal is the creation of broader Community Welfare across borders in all walks of life.
Reconstructing Corporate Liability for Environmental Pollution Caused by Industrial Waste Under Environmental Protection and Management Law Pamungkas, Jamaat Widyo; Kustanto, Anto; Azami, Takwim
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.v12i4.49603

Abstract

This study analyzes corporate legal liability for environmental pollution caused by industrial waste based on Law Number 32 of 2009 concerning Environmental Protection and Management. The research focuses on the forms of corporate liability, legal provisions related to liability, as well as sanctions and law enforcement mechanisms. Using a normative juridical design and a descriptive-analytical approach, this study examines primary legal materials in the form of the Environmental Protection and Management Law and secondary legal materials. Descriptive-analytical analysis was conducted to explain legal norms, the relevance of implementation, and the impact of legal practices on the effectiveness of environmental enforcement and protection. The results show that the Environmental Protection and Management Law provide a comprehensive framework with the polluter pays principle, making corporations legal subjects obliged to comply with environmental quality standards and prohibitions on illegal waste disposal. Sanctions can be cumulatively administrative, criminal, and civil, with enforcement mechanisms through inter-agency coordination, central government intervention, and community involvement. However, practical obstacles in the field, such as limited apparatus capacity, weak regulatory harmonization, and low public participation, indicate the need for capacity-building strategies, regulatory harmonization, and integration of community participation to increase legal certainty and the effectiveness of corporate accountability.
Legal Framework and Innovation of Sharia Deed-Making Techniques in the Digitalization of Notary Services in Indonesia Sudirman, Maman
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.v12i4.47345

Abstract

This study examines the urgency, challenges, and innovation models for digital-based sharia deed creation in Indonesia by examining its relationship with the Quran, Sunnah, fatwas of the National Ulema Council (DSN-MUI), the Notary Law (UUJN), and the Information and Electronic Transactions Law (UU ITE). The research method used is normative legal research with a legislative approach, which reviews relevant laws and regulations, such as the Criminal Code, the Law on the Status of Notaries (Law Number 2 of 2014), Law Number  1 of 2024 as the Second Amendment to Law No. 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number  71 of 2019, and the DSN-MUI fatwa on muamalah contracts, conceptual approaches, and literature. The results of the study indicate that the application of digital technology in the creation of sharia deeds requires regulatory adjustments to align with the provisions of the UUJN and utilize the legitimacy of documents and electronic signatures as regulated in the ITE Law. Regulatory integration, increased digital literacy, and strengthened technological infrastructure are necessary to ensure that digital Sharia deeds have the same legal force as conventional deeds and comply with Sharia principles.
The Normative Antinomy in the Paradox of Customary Rights Protection in the Vortex of Investment and Structural Agrarian Conflict Wijaya, Mustika Mega; Barthos, Megawati
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.v12i4.50069

Abstract

The urgency of this research lies in the pressing need to rectify the antinomy of norms between the protection of customary land rights (hak ulayat) and the neoliberal investment regime following the enactment of the Job Creation Law, which has triggered structural agrarian conflicts. This study aims to deconstruct the distorted interpretation of the State Right of Control (Hak Menguasai Negara), which currently legitimizes state-facilitated land grabbing practices through the Land Bank instrument and licensing bureaucracy. Through critical analysis, this study seeks to formulate legal corrections to realign the direction of agrarian politics with the constitutional mandate of social justice. This research employs a normative legal research method focused on examining the antinomy of norms and dogmatic conflicts between the protection regime for customary law communities and the investment acceleration regime within the national agrarian legal system. The study finds that post-Job Creation Law, the agrarian legal paradigm has shifted drastically toward neoliberalism, distorting the state's function into a commercial agent through the Land Bank. Its implementing regulations operate as a legal ecosystem that facilitates the systematic dispossession of people's land and nullifies public participation for the sake of investment. This reduces the philosophy of land to merely a capital asset, perpetuates structural conflicts, and manifestly betrays the constitutional mandate.
Legal Cases Regarding Online Loans Relating to Violations of Contract Agreements and Debtor Data Protection Istri Ratih Laksmi Dewi, Cokorda; Januarsa Adi Sudharma, Kadek
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.v12i4.50385

Abstract

The expansion of online lending services (peer-to-peer lending) in Indonesia has facilitated easier access to credit but simultaneously introduces legal risks related to contract breaches and the protection of borrowers’ personal data. This study adopts a literature review approach to examine actual cases and the relevant legal framework, including the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. The analysis reveals that, despite the existing regulations, online lending practices remain susceptible to issues such as excessive interest rates, unauthorized dissemination of personal data, and aggressive debt collection practices. Ensuring effective legal protection necessitates comprehensive consumer education, stringent regulatory oversight, and rigorous enforcement of sanctions. This study contributes to understanding the legal challenges within the fintech sector and highlights the critical importance of safeguarding consumers to maintain a fair and secure online lending environment.
The Urgency of Notary Involvement in the Process of Destroying Illegal Fishing Evidence to Achieve Legal Certainty and Justice Moertiono, R. Juli
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.v12i4.50376

Abstract

Illegal fishing is a serious crime that results in state losses, damage to marine ecosystems, and social injustice for local fishermen. One form of law enforcement carried out by the state is the destruction of evidence in the form of fishing vessels and gear. However, in practice, the process of destroying such evidence still leaves legal issues, particularly regarding legal certainty, accountability, and protection of the rights of related parties. This study aims to analyze the urgency of notary involvement in the process of destroying illegal fishing evidence as an effort to realize legal certainty and justice. The research method used is normative juridical with a statutory and conceptual approach. The results show that notary involvement through the creation of authentic deeds can provide legal certainty, transparency, and strengthen the legitimacy of the action of destroying evidence so that it is in line with the values of substantive justice. Illegal fishing is a serious crime that not only causes economic losses to the state but also damages marine ecosystems and causes social injustice for local fishermen who engage in legal fishing activities. As a form of law enforcement, the state imposes additional criminal sanctions in the form of destroying evidence, particularly vessels and fishing gear used in the crime. However, in practice, the destruction of evidence of illegal fishing still faces various legal challenges, particularly those related to legal certainty, transparency, accountability, and the protection of the rights of the parties involved. This situation has the potential to give rise to legal disputes and undermine the legitimacy of the destruction of evidence. This study aims to analyze the urgency of notary involvement in the process of destroying evidence of illegal fishing as an effort to realize legal certainty and substantive legal justice. The research method used is normative juridical with a statutory approach and a conceptual approach, through a review of laws and regulations in the field of fisheries and notaries as well as relevant legal doctrines. The results of the study indicate that notary involvement through the creation of authentic deeds can provide legal certainty, increase transparency and accountability, and provide legal protection for all interested parties. Thus, notary involvement can strengthen the legitimacy of the policy of destroying evidence of illegal fishing as part of just law enforcement and based on the principles of the rule of law.

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