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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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Reconstructing Consumer Protection through Product Liability Reform from a Tort Law Perspective Santiago, Faisal; Sari, Amalia; Saleh, M.; Nai, Makkamadin Aras
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.v13i1.51428

Abstract

This study aims to examine and reconstruct Indonesia’s product liability regulations from a Tort Law Perspective in order to strengthen effective consumer protection in contemporary commerce. The research is grounded in the problem that existing regulatory frameworks, particularly those contained in the Civil Code and Law Number 8 of 1999 concerning Consumer Protection, remain general in character and predominantly fault-oriented, thereby limiting consumers’ ability to obtain compensation for losses caused by defective products. Such a framework is increasingly inadequate in responding to complex distribution chains, digital transactions, and modern market risks. This study employs a normative juridical method using statutory and conceptual approaches. The statutory approach analyzes relevant legislative provisions through systematic and teleological interpretation, while the conceptual approach examines core tort doctrines such as strict liability, vicarious liability, and duty of care within comparative legal discourse. The novelty of this research lies in its systematic reconstruction model that integrates modern tort principles into Indonesia’s product liability regime, moving beyond a purely fault-based paradigm toward a risk-allocation and consumer-oriented framework. The findings demonstrate that incorporating strict liability standards, expanding accountability through vicarious liability, and reinforcing duty of care obligations would create a more balanced, preventive, and justice-oriented liability system. Such reform is essential to enhance legal certainty, improve access to remedies for consumers, and harmonize national regulations with global developments in tort law.
Land Acquisition Policy for Public Interest from a Human Rights Perspective Rafiqi, Rafiqi; Sri Wahyuni, Windy
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.v13i1.50685

Abstract

This article examines land acquisition policies for public interest from a human rights perspective. Although land acquisition is essential for national development, its implementation often generates agrarian conflicts and potential violations of land rights. This situation reflects the tension between development objectives and the obligation to protect the rights of affected communities. This study aims to analyze the conformity of land acquisition policies for public interest with human rights principles and to assess legal protection for affected communities. It also seeks to formulate recommendations for land acquisition policies that promote justice and ensure the respect and protection of human rights. This research adopts a normative legal method using statutory, conceptual, and human rights approaches. The study is based on a literature review of laws and regulations, legal doctrines, court decisions, and national and international human rights instruments related to land acquisition. What The main findings of this study indicate that land acquisition policies for public interest in Indonesia tend to emphasize procedural legality rather than substantive justice, particularly in protecting the rights of affected communities. The research reveals that limitations in meaningful participation and fair compensation weaken human rights protection. The novelty of this study lies in positioning human rights principles as substantive evaluative benchmarks for land acquisition policies, offering an original contribution to strengthening agrarian justice within the existing legal framework.
Handep Hapakat and the Future of Fair Labor Dispute Resolution Fransisco, Fransisco; Hermon, Hermon; Susilowati, Eny
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.v13i1.51244

Abstract

This study aims to examine the feasibility and normative design of integrating the Dayak philosophy of Handep Hapakat—solidarity, deliberative consensus, and social harmony—into industrial relations dispute resolution, especially at the pre-litigation stage. The research method used is normative legal research employing statutory (legislative), conceptual, and historical approaches. Primary legal materials consist of labor and industrial relations dispute settlement regulations, while secondary materials include scholarly works on Dayak customary law, local wisdom, restorative justice, and legal pluralism. The analysis is descriptive-analytical to construct an integration framework compatible with positive law. The novelty in this research is the formulation of a conceptual integration model that translates Handep Hapakat values into three operational pathways within the existing PPHI structure: (i) customary deliberation-based bipartite settlement (“bipartite plus”), (ii) culturally informed mediation, and (iii) customary arbitration oriented toward restorative outcomes while maintaining legal safeguards. Based on the research, it is concluded that embedding Handep Hapakat can strengthen pre-litigation dispute settlement by promoting faster, lower-cost, participatory resolutions that prioritize relationship repair and reinforce Indonesia’s legal pluralism. Implementation nonetheless requires local regulatory support, systematic stakeholder socialization, and capacity-building for customary leaders to ensure alignment with labor-law standards and rights protection.
The Authority of a Notary in Drafting a Deed of Sale and Purchase of Uncertified Land Daffa Verandy, Muhammad; Fitriyani Pakpahan, Elvira; Adawiyah, Rodiatun; Ali Adnan, Muhammad
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.v13i1.51539

Abstract

Land, due to its high economic and social value, often becomes a source of legal disputes, particularly in transactions involving unregistered land. In practice, the public frequently engages a Notary to draft a deed as evidence of a legal act, even though the actual authority to transfer land rights lies with the Land Deed Official (PPAT). This study aims to examine the Notary’s authority in drafting deeds of sale and purchase of unregistered land and analyze the legal consequences of such deeds. Using a normative legal research method with statutory, conceptual, and case approaches, the study finds that a Notary’s authority in these transactions is limited: the Notary may prepare a deed as evidence of an agreement or obligation but cannot directly effect the transfer of land rights. The Notary’s responsibility primarily concerns the formal correctness of the deed, yet civil, administrative, ethical, or even criminal liability may arise if negligence or professional misconduct occurs. The study emphasizes the importance of prudence, thorough verification, and legal counseling by Notaries to protect parties’ interests and uphold the integrity of the Notarial profession in unregistered land transactions.
Implementation of Sharia Regulations and Principles in Bullion Bank Operations: A Case Study of Gold Services in Sharia Banks Vanni, Kartika Marella; Wijayanti, Riska
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.v13i1.50370

Abstract

This study analyzes the legal framework and the implementation of Sharia principles in bullion banking operations, particularly gold-based services provided by Islamic banks in Indonesia. Gold services, including gold savings, gold financing, and gold trading, have strategic potential to support product diversification and enhance the competitiveness of Islamic banking institutions. This research employs a normative juridical method using a conceptual approach and regulatory case studies. The analysis focuses on relevant legal instruments, including Law Number 21 of 2008 on Islamic Banking, regulations issued by the Financial Services Authority, and fatwas of the National Sharia Council–Indonesian Ulema Council concerning gold transactions. The findings indicate that, from a normative perspective, gold services are supported by a sufficient legal foundation through Islamic banking regulations and Sharia fatwas. However, Indonesia has not yet established a comprehensive and specific regulatory framework governing Islamic bullion banking operations. The implementation of Sharia principles in gold services is carried out through murabahah, ijarah, and wadi’ah contracts, emphasizing the existence of physical gold as the underlying asset and ensuring transparency in transactions. Despite this normative compliance, practical challenges remain, particularly regarding regulatory consistency, legal certainty, and the limited availability of physical gold storage infrastructure. Therefore, this study recommends regulatory refinement and stronger institutional coordination among the Financial Services Authority, Bank Indonesia, and the National Sharia Council to strengthen legal certainty and ensure effective compliance with Sharia principles in Islamic banking gold services nationwide.
Legal Protection of Unregistered Foreign Trademarks in Indonesia Savitri Dewantari, Dhia; Jened, Rahmi
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.v13i1.51382

Abstract

This study aims to analyze legal protection for trademarks in Indonesia and the available recovery measures for owners of foreign marks that are not yet registered in Indonesia when similar marks are registered by other parties in bad faith. The research method used is normative juridical legal research employing a statutory approach, conceptual approach, and case study approach, with the dispute over the ARC’TERYX mark as the main case. The novelty of this research lies in its focused formulation of practical legal strategies for unregistered foreign trademark owners facing registrations by third parties, by mapping the relevant legal bases under Indonesian Trademark Law and translating them into step-by-step recovery options (registration plus litigation) specifically in the ARC’TERYX dispute context. The results show: (1) Trademark protection in Indonesia follows the territorial principle and a constitutive registration system, where rights are generally granted to the first registrant acting in good faith. Exclusive trademark rights encompass economic and moral dimensions, including the right to use, license, and transfer trademark rights. Protection is limited for marks that conflict with morality, religion, and decency, and for marks consisting of generic terms. Violations can be direct or indirect, with remedies through civil claims, criminal proceedings, and alternative dispute resolution. (2) For the ARC’TERYX (Canada) owner, recovery may be pursued by registering the mark in Indonesia and simultaneously filing a civil lawsuit to cancel the registration IDM000731218 ARCTERYX (China) on relative grounds of bad faith under Article 76(1)(2) in conjunction with Article 21(3) of Law No. 20 of 2016. Alternatively, cancellation may be sought based on infringement of a well-known mark under Article 76(1)(2) in conjunction with Article 21(1)(b) and (c) of Law No. 20 of 2016.
The Urgency of Formalizing Customary Meetings in Kedang Indigenous Communities into Notary Official Deeds Pasya, Muhammad Nuha Maulana; Wahyu Muhammad, Danang; Fajar Nur Dewata, Mukti
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.v13i1.45853

Abstract

This research examines the urgency of recording the results of traditional meetings of the Kedang community in Lembata, East Nusa Tenggara, into notarial deeds to strengthen legal legitimacy and protect the rights of indigenous communities. The method used is qualitative research with a literature review and field observation on implementing customary law and the procedure for making notarial deeds. The research results show that Kedang customary law, rich in tradition and cultural values, is important in regulating social norms and resolving internal conflicts. However, there are significant challenges in integrating customary law with the formal national legal system. The discussion emphasizes the role of Notary officials as mediators who formalize the results of customary meetings, thereby giving them legitimate legal force while respecting customary values. This study recommends the need for regulatory strengthening to accommodate the harmonization of both legal systems to create adequate justice and legal protection for indigenous communities.
Legal Protection for Creditors Due to Criminal Acts of Embezzlement of Bankrupt Assets by Corporations Siagian, Asrul Azwar; Mansar, Adi; Nadirah, Ida
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.v13i1.50996

Abstract

Bankruptcy is a legal mechanism intended to ensure the fair and proportional distribution of a debtor's assets among its creditors in accordance with the principle of pari passu prorata parte. However, in practice, corporate debtors frequently commit the criminal act of embezzlement of bankruptcy assets by concealing, transferring, or reducing the value of assets that should form part of the bankruptcy estate. Such actions not only harm creditors as rightful beneficiaries but also undermine legal certainty and the effectiveness of bankruptcy law enforcement in Indonesia. This research aims to analyze the legal framework governing the criminal act of embezzlement of bankruptcy assets by corporations, examine the extent of legal certainty available to creditors, and formulate an ideal model of legal protection for creditors as victims. This study employs a normative juridical method with statutory, conceptual, and case approaches. The findings indicate a legal vacuum in procedural law concerning the criminal liability of corporations for inclusion of bankruptcy assets. Additionally, there exists regulatory disharmony between the Criminal Code, the Bankruptcy and PKPU Law, and Supreme Court Regulation (PERMA) No. 13 of 2016 regarding the prosecution of corporate crime. Therefore, legal reform is necessary through strengthened regulations, integration of criminal asset forfeiture into the bankruptcy estate process, and the consistent enforcement of corporate criminal liability doctrines to ensure effective legal protection for creditors.
Adaptive Arbitration Framework for Cross-Border ESG Dispute Resolution S, Zaini Munawir; Siregar, Taufik
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.v13i1.51338

Abstract

The resolution of cross-border disputes involving Environmental, Social, and This study examines the effectiveness of arbitration as an adaptive mechanism for resolving cross-border disputes involving Environmental, Social, and Governance (ESG) issues. The increasing integration of sustainability standards, human rights principles, and corporate governance obligations into international trade and investment relationships has generated complex disputes that require flexible yet legally certain resolution mechanisms. This research aims to analyze how arbitration accommodates ESG-related conflicts and to assess the contribution of technological innovation in strengthening procedural efficiency and transparency. The study employed a qualitative normative approach using descriptive-analytical methods based on secondary data, including arbitral awards, bilateral and multilateral treaty frameworks, institutional reports, and recent scholarly literature. The findings demonstrate that arbitration provides procedural flexibility, neutrality, enforceability, and expert-based adjudication capable of addressing technical ESG dimensions. Furthermore, the incorporation of digital technologies such as Online Dispute Resolution (ODR), blockchain-based evidence management, and Artificial Intelligence (AI)-assisted document analysis enhances efficiency, transparency, and cross-border accessibility. However, challenges remain regarding enforcement inconsistencies, public policy limitations, and harmonization gaps among national legal systems. This research contributes by proposing an adaptive arbitration framework that integrates ethical standards, technological innovation, and ESG-sensitive interpretative approaches to ensure sustainability-oriented dispute resolution in the global legal order.
Reconsidering the Proposal of Increasing Political Party Funding Assistance and Its Correlation with Quality of Democracy Zainudin, Arif
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.v13i1.51303

Abstract

In the period prior to Indonesia’s general elections, the discourse on increasing public funding for political parties has gained prominence. Minister of Home Affairs Tito Karnavian proposed tripling party subsidies from Rp1,000 to Rp3,000 per valid vote, arguing that higher state funding would enhance party financial independence, reduce dependency on private donors, and improve democratic quality. However, this proposal remains controversial given that party financial reporting has not met transparency and accountability principles, and sanctions for violations remain unenforced. This study examines whether increased APBN (State Budget) funding for political parties contributes to improving democratic quality in Indonesia. Using normative legal research methodology combined with empirical analysis of BPK audit reports and party financial data, this research analyzes the regulatory framework governing party financing under Government Regulation No. 1 of 2018, actual utilization patterns of state assistance, and the correlation between funding levels and democratic performance indicators. The findings reveal a critical paradox: while APBN funding theoretically aims to reduce oligarchic influences and strengthen democratic institutions through enhanced political education, actual implementation demonstrates significant gaps between normative expectations and empirical realities. The absence of sanctions for non-compliance with political education mandates, coupled with parties’ prioritization of operational expenses over educational responsibilities, undermines policy objectives. Furthermore, the minimal APBN allocation (0.0007% in 2010) remains insufficient to replace illicit funding sources or meaningfully support comprehensive political education programs. The study concludes that increased funding alone cannot improve democratic quality without robust enforcement mechanisms, binding allocation guidelines (75% for political education, 25% for operations), and stringent accountability frameworks audited by independent bodies. These findings provide objective references for reformulating political party financing policies and contribute significantly to electoral law discourse in Indonesia.

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