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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 818 Documents
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Strategic Adaptation of Micro, Small, and Medium Enterprises (MSMEs) to Business Competition Regulation Dynamics Tunggati, Melki T.; Suaib, Sri Olawaty Dj; Po’oe, Aurelia Laura Quartia; Andriansyah, Andriansyah
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.48232

Abstract

This study aimed to analyze the strategic adaptation of Micro, Small, and Medium Enterprises (MSMEs) in responding to the dynamics of business competition regulations within the context of digital economic transformation, as well as to evaluate the effectiveness of these adaptation strategies. The research employed a normative-empirical legal research method with a juridical-sociological approach. Primary data were collected through in-depth interviews, observations, and focus group discussions involving MSME actors, government officials, and relevant stakeholders, while secondary data consisted of laws and regulations, academic journals, policy documents, and official reports. The collected data were analyzed qualitatively using a triangulation technique to ensure data validity and analytical depth. The novelty of this research lay in the formulation of an integrative adaptation strategy model for MSMEs, which combined regulatory intelligence, digital–traditional hybridization, resilient collaboration, and sustainable innovation as key pillars in addressing regulatory and competitive pressures. The findings demonstrated that, despite limited understanding of business competition regulations, MSMEs were able to maintain resilience and achieve business growth through adaptive strategies supported by a strong local ecosystem, including government support, digital infrastructure, and social capital. The study concluded that effective adaptation to business competition regulation dynamics required not only legal compliance but also the ability of MSMEs to integrate regulatory awareness with digital capability development and collaborative networks. These findings emphasized the importance of responsive and inclusive policy frameworks oriented toward MSME empowerment in order to create healthy, fair, and sustainable business competition in the digital era.
Analysis of Maqāṣid al-Sharī’ah on the Protection of Children’s Rights Following Divorce Aminudin, Aminudin; Yuslem, Nawir; Irham, Iqbal
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51370

Abstract

This study aims to analyze the protection of children’s rights following divorce by employing the framework of Maqāṣid Sharī’ah as a normative and philosophical foundation within Islamic law. Divorce is a social phenomenon that not only affects the marital relationship between spouses but also generates serious consequences for the fulfillment and protection of children’s rights. In many cases, children become the most vulnerable parties, suffering psychological, economic, and social harm as a result of the dissolution of their parents’ marriage. Therefore, the protection of children’s rights after divorce constitutes a crucial issue that requires comprehensive examination, including from the perspective of Islamic law through the Maqāṣid Sharī’ah approach. This research adopts a qualitative methodology with a normative-juridical approach. Data were collected through library research on primary and secondary sources, including the Qur’an, Hadith, classical fiqh texts, statutory regulations related to child protection, as well as relevant scholarly literature. Data analysis was conducted by linking the concept of post-divorce child rights protection to the fundamental objectives of Maqāṣid al-Sharī‘ah, namely the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that the protection of children’s rights after divorce is strongly aligned with the principles of Maqāṣid al-Sharī‘ah, particularly in safeguarding children’s survival, well-being, and optimal development. The protection of children’s rights following divorce constitutes both a al-sharī’ah-based and humanitarian imperative and serves as a key indicator of justice within Islamic family law, as Maqāṣid al-Sharī’ah must be oriented toward human welfare and quality-of-life development (human development).
Between Text and Context: The Philosophical and Sociological Basis of Girls' Hijab Rights in Indonesian and Malaysian Islamic Inheritance Law Dewi, Atika Sandra; Daulay, Mhd Nurhusein
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50244

Abstract

This study aims to comparatively analyze the application of a daughter's hijab rights to her father's brother in the Islamic inheritance law systems of Indonesia and Malaysia. Although both countries base their family law on the Shafi'i school of thought, the practice and interpretation of daughters' inheritance rights show significant differences, particularly in determining the position of daughters as obstacles (ḥājib) for lateral heirs. This study uses a qualitative approach with a normative-comparative legal research type. The results show that the Islamic inheritance law system in Indonesia tends to use a contextual and progressive approach, which allows for the strengthening of daughters' rights through a more responsive interpretation of the values of substantive justice and gender equality. In contrast, the legal system in Malaysia shows a more rigid and textual normative tendency, thus limiting the scope for inheritance law reform despite changes in the social structure of society. The novelty of this study lies in the cross-national comparative analysis that places the concept of hijab within the perspective of maqāṣid al-sharī'ah and modern social dynamics, which have rarely been discussed in depth. This study concludes that a re-reading of Islamic inheritance law by emphasizing the objectives of sharia and the principles of substantive justice is an urgent need to ensure the relevance and justice of inheritance law in the context of contemporary Muslim society. 
Fiscal Autonomy as the Missing Pillar of Village Governance: Lessons from the French Commune for Indonesia’s Rural Reform Pinori, Josepus J.; Irwansyah, Irwansyah; Setiabudhi, Donna Okthalia; Yunus, Ahsan; Palilingan, Toar K.R.
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.49004

Abstract

This article offers a comprehensive and original examination of village autonomy in Indonesia by juxtaposing it with the Commune governance model of France, highlighting a critical gap rarely addressed in existing scholarship: the absence of fiscal autonomy as the core determinant of genuine local self-governance. While Indonesia’s Village Law formally recognizes autonomy, it remains predominantly grant-based and structurally dependent on central transfers, producing a paradox wherein villages possess political authority but lack sustainable fiscal capacity. Employing a comparative normative analysis grounded in fiscal federalism, subsidiarity, and public choice theory, the study reveals that Indonesia’s system embeds vertical control through ex-ante supervision, rigid expenditure menus, and limited revenue-raising powers. In contrast, French Communes enjoy constitutionally protected inherent autonomy, broad compétence générale, and—most importantly—robust local taxing powers that anchor accountability, policy innovation, and local economic dynamism. The article’s key contribution lies in proposing a Tiered Village Fiscal Autonomy Model, a reform blueprint that adapts the Commune principles without replicating them. This study demonstrates that Indonesia’s future village governance requires shifting from transfer-driven development to a self-financing, autonomy-strengthening system that enhances accountability and community participation. By offering a normative, comparative, and policy-oriented framework, the article provides a novel and actionable pathway for reimagining village autonomy in Indonesia toward stronger local governance and sustainable development.
Law Enforcement Officers' Perceptions of Child Offenders in Digital Crimes within the Juvenile Justice System Wilsa, Wilsa; Heriani, Istiana; Putri, Vegitya Ramadhani
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51298

Abstract

The rise of digital crimes involving minors has become a significant challenge for law enforcement officers within the juvenile justice system. The complexity and rapid evolution of digital offenses, such as hacking and online fraud, have made it difficult for law enforcement to address these crimes effectively, especially with minors involved. This study aims to analyze law enforcement officers' perceptions of child offenders in digital crime cases and explore the challenges they face in handling such offenses. Using a qualitative library research approach, data were collected from books, academic journals, legal documents, and previous research on digital crimes, juvenile delinquency, and law enforcement practices. The findings indicate that law enforcement officers often feel inadequately trained and underprepared to handle digital crimes committed by minors, leading to inconsistent responses. While officers generally prefer rehabilitation over punishment for minors, the lack of specialized legal frameworks and technical knowledge complicates the handling of these cases. The study concludes that specialized training, updated legal frameworks, and an integrated approach between law enforcement, educational institutions, and social services are necessary to effectively address digital crimes involving minors.
Limits of Government Authority in Business Dealings with Business Entities: A Comparative Study of the Public Contract Regimes of Indonesia and the Netherlands Nugraha, Muhammad Al-Haadi; Kurniawan, Ridha; Sari, Nova Artika; Ghozali, R.Imam; Darmawijaya, Edi
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50396

Abstract

Government involvement in business agreements with business entities is expanding along with increasing development needs, but the limits of government authority in public contracts remain undivided. This ambiguity creates normative problems because government contractual actions are often treated as private, even though their substance still carries a public character that must comply with the principles of legality and good governance. The fragmentation of regulations between the Civil Code, the State Administration Law, and the procurement regime increases legal uncertainty, while the Dutch model demonstrates a more stable structure through the integration of administrative principles across all contractual actions. The approach used is a juridical-normative approach, examining laws and regulations, court decisions, legal doctrine, and classical and modern theories of authority. The main objectives of the analysis are to identify the limits of government authority in public contracts, compare the Indonesian and Dutch frameworks, and formulate a more consistent direction for normative reform. The results of the study indicate that Indonesia still positions government contracts as civil agreements, making administrative actions within contracts unamenable to legality testing. The lack of integration between civil and administrative norms opens up room for excessive discretion, creates an imbalance in bargaining power, and increases the risk of ultra vires. In contrast, the Netherlands positions government contracts as public acts, so that every official's actions are subject to the principles of proportionality, prudence, equality, and protection of legitimate expectations, and are subject to judicial review. This integration results in significantly stronger legal certainty and predictability. As a follow-up, a codification of the public contract regime is needed, combining the principles of legality, limits on discretion, objection mechanisms, and public interest parameters within a single, solid normative framework.
Reconceptualization of the Separation of Executive and Judicial Powers in the Execution of Mortgage right in Indonesia Raka Anrizta, Agustinus Phrygian
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.49151

Abstract

The practice of mortgage execution in Indonesia demonstrates an overlapping authority between the executive and judicial branches of power. Article 6 of the Mortgage Law, which provides the basis for creditors to carry out parate execution directly through the KPKNL as an executive organ, conflicts with Article 224 HIR/258 RBg, which places fiat execution as a condition for executing mortgage execution. This inconsistency in norms creates uncertainty in the execution of collateral objects and obscures the principle of separation of powers, which is the foundation of the rule of law. This article aims to reanalyze the configuration of the authority relationship between the executive and the judiciary in mortgage execution, by examining the theoretical aspects of separation of powers and its application in the parate execution mechanism. Using a normative-juridical study, combining legislative, conceptual, and case-based approaches, the research finds that the dualism of execution authority creates a contradiction between the lex specialis norm and the formalistic judicial mechanism. As a result, further disputes often arise, legal protection is suboptimal for the parties, and the effectiveness of execution is hampered. A reconceptualization of the relationship between the executive and judiciary in the execution of mortgage rights is needed through harmonization and synchronization of norms, clarification of the roles of state institutions, and strengthening of preventive and repressive protection mechanisms. This reorientation is necessary to ensure that execution can proceed simply, quickly, and reliably without neglecting the proportional separation of powers in Indonesia.
The Prospects of Sentencing Artificial Intelligence Based Autonomous Agents Sulistio, Faizin; Permadi, Haru; Hifdillah, Achmad Aldy; Wardhana, Oppy Pramudya Wisnu
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51652

Abstract

This research examines the prospect of criminalizing autonomous agents based on Artificial Intelligence (AI) from the perspective of Indonesian criminal law. The object of research focuses on autonomous AI agents that are capable of operating and making decisions independently. The research objective is to analyze the legal challenges arising from AI's ability to perform potentially unlawful acts, as well as explore potential approaches in formulating an appropriate legal framework. The method used was doctrinal and comparative analysis, reviewing legal literature, policies, and global best practices related to AI regulation. The results show that Indonesia's current criminal law system is inadequate to accommodate the complexities of autonomous AI agents. Key challenges include the concept of mens rea, appropriate forms of sanctions, and determining the subject of liability. This research proposes several approaches, including the expansion of the concept of criminal law subject, the development of a layered liability model, and the reformulation of the form of criminal sanctions. In conclusion, comprehensive and interdisciplinary criminal law reform is needed to accommodate the reality of AI technology, while maintaining the fundamental principles of criminal law such as justice and legal certainty.
The Assessing Validity of Prima Facie Evidence in Handling the Exception of Jurisdiction in Civil Cases Negara, Dharma Setiawan; Susilo, Erwin; Darmawan, Didit; Hardyansah, Rommy; Lufsiana, Lufsiana
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.48280

Abstract

The plea of lack of jurisdiction in civil cases is a procedural objection by the defendant challenging the court's authority to adjudicate. Theoretically, it does not involve substantive proof, as it precedes the case's merits. However, judicial practice often includes preliminary evidence, prompting scrutiny of its validity. This study examines the legal foundations of jurisdiction exceptions in Indonesian civil procedure and assesses the admissibility of preliminary evidence. Employing a normative juridical approach with legislative, case, and conceptual analysis, it reviews regulations like the Herzien Inlandsch Reglement (HIR), Rechtreglement voor de Buitengewesten (RBg), and Law No. 48 of 2009 on Judicial Power. Case studies of Interlocutory Decision No. 19/Pdt.Sus-Parpol/2018/PN Cbn and Decision No. 56/Pdt.G/2018/PN Cbn reveal judges accepting preliminary evidence in jurisdiction pleas. Findings indicate that, despite absent explicit rules, this practice aligns with principles of fast, simple, and low-cost justice under Article 2(4) of Law No. 48/2009. To prevent procedural delays, future regulations should restrict evidence to documents, per Positief Wettelijke Bewijstheorie. This research clarifies the legal framework for preliminary evidence in jurisdiction exceptions, enhancing civil justice efficiency in Indonesia.
Mapping Digital Asset Regulatory Models and Their Implications for Islamic Financial Governance: A Comparative Study of Indonesia, the United Arab Emirates, and Turkey Hardyansah, Rommy; Darmawan, Didit
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51396

Abstract

This literature study conducts a comparative analysis of regulatory approaches to crypto assets and Central Bank Digital Currencies (CBDCs) within Islamic financial systems in Indonesia, the United Arab Emirates (UAE), and Turkey. Employing a qualitative normative juridical analysis method, the research examines secondary data from laws, financial authority regulations, and academic literature. The findings identify three distinct regulatory governance models: Indonesia's Dual-Track with Consolidated Market Governance model, which separates monetary authority for CBDCs from market oversight for crypto commodities and establishes a Self-Regulatory Organization (SRO); the UAE's Bank-Centric Integration with Centralized Licensing model, actively incorporating digital assets into the traditional banking supervisory framework; and Turkey's Payment Restriction with Supervised Trading model, prohibiting crypto for payments while permitting regulated exchange trading, with a cautious, phased CBDC development. The study reveals varied mechanisms for integrating Shariah principles, from structured compliance standards in exchanges to facilitating halal product innovation within integrated banking ecosystems and emphasizing macroeconomic prudence as a form of wealth protection (hifz al-mal). The research concludes that while convergence exists on goals of stability, consumer protection, and Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT), the divergence in integration levels and regulatory philosophy significantly shapes the future trajectory of modern, inclusive, and integrity-driven Islamic financial systems in the digital age. These models offer valuable policy pathways for other Muslim-majority jurisdictions navigating the complex intersection of financial technology innovation and Shariah compliance.

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