cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
jurnalakta@unissula.ac.id
Editorial Address
Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
Location
Kota semarang,
Jawa tengah
INDONESIA
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 818 Documents
 78   79   80   81   82 
Analysis of Adjudicative Authority in Regional Election Disputes: A Case Study of the Cianjur Regency Regional Election Dispute Based on Law Number 10 of 2016 and Its Amendments on the Election of Governors, Regents, and Mayors Sinaga, Dahman; Nuraeni, Yeni; Sihombing, Lasmin Alfies
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.v12i4.51409

Abstract

The administration of regional head elections (Pilkada), as a manifestation of popular sovereignty, requires a dispute resolution mechanism that ensures justice and legal certainty. However, Law No. 10 of 2016 distributes dispute resolution authority among several institutions, which in practice creates the potential for jurisdictional conflicts. This study examines the problem of overlapping authority between the General Courts in handling electoral criminal offenses and the Constitutional Court in resolving disputes over Pilkada results. The objective of this research is to analyze juridically the source of the conflict of authority and its impact on legal certainty, with a case study of the Cianjur Regency Pilkada. The findings indicate that the fragmented attribution of authority under Law No. 10 of 2016 does not provide a synchronization mechanism between criminal judgments that have obtained permanent legal force (inkracht) and decisions on election result disputes (PHPU) that are final and binding. This condition produces a dualism of contradictory legal truths between the District Court and the Constitutional Court. Consequently, it leads to legal uncertainty and the potential delegitimization of Pilkada results. This study recommends the establishment of a specialized Pilkada court to comprehensively integrate all dispute resolution regimes.
The Effectiveness of Resolving Cases of Persecution by Foreign Nationals through Restorative Justice in the Jurisdiction of the Badung Police Kusumardika, I Gede Yudha; Made Wirya Darma, I
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.v13i1.51654

Abstract

This research aims to discuss the effectiveness of the application of restorative justice in resolving cases of persecution committed by Foreign Citizens (WNA) in the jurisdiction of the Badung Police. Bali as an international tourist destination has a high potential for friction between foreign tourists and local communities which often leads to criminal acts of persecution. The restorative justice approach regulated in the National Police Chief Regulation Number 8 of 2021 offers an alternative to resolving criminal cases outside the formal judicial mechanism by emphasizing peace, restoration of the original state, and the balance of interests of perpetrators, victims, and the community. The results of the study show that restorative justice is effectively applied, especially in cases with a mild category, because it is able to speed up the settlement of cases, reduce the burden on the court, provide direct compensation to victims, and maintain social stability and the image of Bali's tourism. An interview with IPDA I Made Aditya Riawan Putra as the Head of the Badung Police General Criminal Investigation Unit 1 emphasized that the implementation of this mechanism is only carried out if the victim agrees to a peaceful settlement and the perpetrator shows good faith. Analysis with Lawrence M. Friedman's theory of legal effectiveness shows that the substance of the law has provided a clear normative basis, the legal structure is carried out professionally by the Badung Police officers, while the legal culture of the community is relatively supportive although there is still resistance related to the perception of special treatment of foreigners. Thus, restorative justice can be seen as an effective legal instrument in bridging the gap between norms and social reality, while ensuring legal certainty and substantive justice for victims of criminal acts of persecution in the jurisdiction of the Badung Police.
Constitutional Implications of Local Government Restrictions on the Validity of Religious Legal Entity Deeds Jalaludin Rifa’i, Iman; Yuhandra, Erga; Faturohman, Fatur
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.v13i1.51422

Abstract

This study examines the constitutional limits of regional government authority in restricting religious activities and analyzes their implications for legal certainty concerning religious deeds and permits. Although decentralization grants substantial administrative discretion to local governments, constitutional guarantees under the 1945 Constitution require that any limitation on religious freedom comply with legality, necessity, and proportionality standards. Normative inconsistencies arise when regional regulations introduce additional procedural burdens or discretionary mechanisms that exceed statutory delegation and potentially undermine constitutional supremacy. This research employs normative legal methodology through statute, conceptual, and case approaches by examining constitutional provisions, regional governance legislation, and relevant Constitutional Court decisions. Legal materials are analyzed qualitatively using constitutional reasoning, hierarchical norm conformity review, and proportionality assessment. The findings indicate that the constitutional boundary of regional authority lies in strict adherence to proportionality parameters, including legitimate aims, suitability, necessity, and balancing. Furthermore, regional restrictions have significant implications for administrative legal certainty, particularly regarding the issuance of religious permits and the enforceability of related civil documentation. Regulatory fragmentation and inconsistent procedural standards risk generating unequal treatment and indirect limitations on religious freedom. The novelty of this research lies in integrating proportionality doctrine with administrative legal certainty analysis, offering a constitutional design model that harmonizes regional autonomy with fundamental rights protection without negating legitimate local governance functions.
The Reform of Timor Leste’s Investment Law in The Concept of The Welfare State da Silva, Eugenia Brandao; Prihandono, Iman; Yuniarti, Yuniarti
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.v13i1.50565

Abstract

Foreign direct investment (FDI) is one source of funding for national development. However, its application in Timor-Leste is currently still limited. FDI accounts for 45% of total domestic investment, while domestic investment (NDI) accounts for 55%. This shows that the country's main economic sector is still dominated by oil and gas. Legal and regulatory barriers are one of the main obstacles to attracting foreign investment, even though FDI has the potential to drive sustainable economic growth and improve people's welfare. However, reform is still needed in the Investment Law to emphasise that investment, including FDI, is not only about economic growth, but also a constitutional tool to achieve public welfare through job creation, strengthening public services, and protecting vulnerable groups. This research is normative in nature, analysing various laws and regulations applicable in Timor-Leste. Primary data was obtained from laws, regulations and government policies related to investment, while secondary data was sourced from books, journals and other relevant scientific literature. The findings show that investment barriers in Timor-Leste include a complicated bureaucratic licensing process, fragmented regulations, limited human resource capacity, inadequate infrastructure, and a small domestic market. Furthermore, foreign investment laws are not in line with the Timor-Leste Constitution in terms of achieving prosperity. These conditions have an impact on the investment climate and economic growth, which are not yet optimal in realising a welfare state. The results of the study emphasise the importance of integrated regulatory reform, such as simplifying licensing procedures, increasing legal certainty in investment, and adjusting national policies to Timor-Leste's international standards in the field of trade and investment.
Implementation of Palm Oil Plantation Use Rights in the Dialectic of Investment Certainty and Agrarian Justice Dermawati ButarButar, Dinalara
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.v13i1.51653

Abstract

Hak Guna Usaha (HGU) constitutes a fundamental legal framework governing large-scale palm oil plantations in Indonesia and plays a strategic role in ensuring long-term investment stability. Nevertheless, evolving regulatory schemes, particularly those extending concession periods and lacking explicit landholding limits, have generated tension between economic growth objectives and the constitutional mandate of social justice. Persistent agrarian conflicts, overlapping land claims, and weak recognition of customary and local community rights reveal structural imbalances in the implementation of HGU. This study aims to examine the regulation and practice of HGU within the dialectic of investment certainty and agrarian justice, while proposing a normative reconstruction that strengthens the social function of land. Employing a normative juridical method through statutory, conceptual, and comparative approaches, the research identifies significant disharmony between the Basic Agrarian Law and its derivative regulations. Comparative insights from Malaysia, Brazil, Thailand, and the Philippines demonstrate that clearer landholding limits, smallholder integration, and stronger institutional oversight contribute to a more equitable plantation governance model aligned with constitutional principles.
Implementation of the Kaffah Concept in Rahn tasjily Contracts at Sharia Pawnshops as an Effort to Develop the Sharia Economy Wulan, Dewi Nawang; Munir, Ahmad; Setiawan, Rahmat; Novia Hidayati, Ririn
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.v13i1.48295

Abstract

This study examines the application of the Kaffah principle in the rahn tasjily contract used by Sharia Pawnshops as an accessory contract to encumber customer collateral through the Arrum BPKB product. The research focuses on the position of Rahn tasjily as collateral with a review based on the Fiduciary Guarantee Law and DSN-MUI Fatwa Number 68 of 2008, while also analyzing the application of the Kaffah principle in the practice of these contracts at Pegadaian Syariah. The research method employs a conceptual approach, drawing on legal views and doctrines related to the Kaffah principle in Islamic economics. In addition, the research employs a legislative approach through a review of regulations related to the Rahn tasjily contract, as well as a case approach by analyzing Islamic economic dispute rulings pertaining to this contract. The results of the study show that the Kaffah principle has not been fully applied to the rahn tasjily contract at Pegadaian Syariah. This is due to its half-hearted nature, specifically the existence of a burden through the Fiduciary Guarantee on the Rahn tasjily contract and the absence of executory power in the contract. This condition renders the contract's application ineffective, necessitating further regulations, such as a Sharia Guarantee Law, to provide legal certainty for the rahn tasjily contract at Pegadaian Syariah.
The Urgency of Deriving Islamic Law to Ensure Legal Certainty in Indonesia’s Sharia Financial System Hafizd, Jefik Zulfikar; Khoirudin, Ahmad; Deviana Putri, Zelanti; Arifah, Nur; Leliya, Leliya
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.v13i1.50532

Abstract

Ensuring legal certainty in Indonesia’s Sharia financial system requires more than formal regulations; it depends on the methodologically accountable derivation of Islamic law (ijtihād) to translate Sharia principles into clear, consistent, and enforceable standards for products, supervision, and dispute resolution. Rapid innovation in financial instruments, increasing regulatory complexity, and the value-based nature of Sharia norms intensify the need for institutional ijtihād that preserves the integrity of the Sharīʿah while remaining operational within a codified national legal order. Normative legal analysis, supported by a focused literature review and an examination of relevant statutory, regulatory, and fatwa materials, is complemented by limited field evidence drawn from purposive interviews with key stakeholders—namely a regional MUI chair, legal scholars, Sharia economics experts, and academics—to validate the practicality and institutional relevance of the arguments advanced. Five integrated strategies are advanced for regulatory strengthening: deepening maqāṣid al-sharīʿah as a normative framework, integrating contemporary ijtihād into regulatory structures, harmonizing institutional roles among DSN–MUI, Otoritas Jasa Keuangan (OJK), and Sharia financial institutions, strengthening education and applied research in Islamic economic law, and pursuing limited codification and standardization of Sharia products. Legal certainty is thereby positioned as an outcome of coherent governance and disciplined Islamic legal reasoning, supporting a Sharia financial system that is substantively just, predictable, and sustainable.
Controversy over the Obligation of Professional Zakat for Civil Servants from the Perspective of Maqashid Syariah Ali, Muhammad; Pagar, Pagar; Harahap, Mhd Yadi
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.v13i1.51393

Abstract

The discourse on the obligation of professional zakat for civil servants continues to be a hot topic of debate in Indonesia, both from the perspective of government regulations and contemporary fiqh discourse. This study aims to analyse the roots of the controversy surrounding the obligation of professional zakat for ASN and review it through the lens of Maqashid Syariah. The main focus of this study is to evaluate whether the policy of automatically deducting ASN salaries for zakat is in line with the basic objectives of sharia, namely to realise maslahah (benefit) and reject mafsadah (harm). The research method used is qualitative with a library research approach. Primary data is sourced from MUI Fatwa Number 3 of 2003 concerning Income Zakat and related government regulations, while secondary data is obtained from classical and contemporary literature on professional zakat. The results of the study show that the controversy arises from differences of opinion regarding the qiyas (analogy) used; whether professional zakat is analogous to gold zakat (due to the nature of the property) or agricultural zakat (due to the harvest time). On the one hand, those who require it argue that professional zakat is a form of social justice. On the other hand, those who oppose it highlight the legal uncertainty regarding the limits of nishab and haul, which have not been agreed upon absolutely in classical texts. Through the perspective of Maqashid Syariah, this study finds that the obligation of professional zakat for civil servants strongly supports the elements of Hifz al-Mal (protection of wealth) on a public scale and Hifz al-Nafs (protection of life) for the mustahik through wealth redistribution. However, its implementation must maintain the principles of voluntariness and transparency so as not to harm the interests of civil servants who have different financial burdens. This study concludes that legal certainty regarding professional zakat requires not only regulatory legitimacy, but also a deep understanding of the objectives of equitable social welfare. Harmonisation between state policy and sharia principles is necessary so that professional zakat is not seen as a double tax burden, but rather as an effective and sustainable instrument for poverty alleviation in Indonesia. 
Codification and Reform of Islamic Family Law in the Republic of Tunisia: An Analysis of Marriage and Inheritance Kusnadi, Nandang; Abid, Abid; Rohaedi, 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.v13i1.51216

Abstract

The purpose of this study is to examine Islamic family law in Tunisia, which is considered unique due to Tunisia's radicalism. This study is directed at library research and data collection is carried out using documentation methods sourced from documents relevant to the problem being studied. The analysis used is content analysis. The conclusion of this study is that the process of formulating and structuring Islamic family law in Tunisia is not merely an effort to codify (book) Maliki school of jurisprudence, but also takes progressive and revolutionary steps in an effort to legalize and regulate administration in the legal field, particularly Family Law. In addition, nationalists with secular educational backgrounds also participated in legal reforms carried out by the Tunisian government.
The Urgency of the Problem of Customary Criminal Execution in the Architecture of the Integrated Criminal Justice System after Law No. 1 of 2023 Febrianty, Yenny; Ryendra, Nadya Restu; Larasati, Rindiana
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.v12i4.51288

Abstract

The New Indonesian Criminal Code (Law No. 1 of 2023) formally recognizes customary criminal law (living law), yet this development generates a fundamental paradox between legal formalization and the absence of procedural mechanisms. The urgency of this issue arises from the inconsistency between the recognition of customary sanctions and the Criminal Procedure Code (KUHAP), which designates the Prosecutor as the sole authority responsible for executing criminal judgments. In practice, the Prosecutor lacks the cultural competence and institutional capacity to implement spiritual and restorative customary sanctions, which traditionally fall under the authority of Customary Leaders. This misalignment between legal authority and practical competence creates an executorial crisis, rendering sentences in the form of “fulfillment of customary obligations” potentially non-executable. Using normative legal research methods and analysis of primary and secondary legal materials, this study finds that the absence of KUHAP reform accompanying the New KUHP exacerbates legal uncertainty. As a result, non-executable judgments are likely to increase, undermining judicial authority and weakening the functional position of customary law within the national criminal justice system.

Page 81 of 82 | Total Record : 818

 78   79   80   81   82 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 13, No 1 (2026): March 2026 Vol 12, No 4 (2025): December 2025 Vol 12, No 3 (2025): September 2025 Vol 12, No 2 (2025): June 2025 Vol 12, No 1 (2025): March 2025 Vol 11, No 4 (2024): December 2024 Vol 11, No 3 (2024): September 2024 Vol 11, No 2 (2024): June 2024 Vol 11, No 1 (2024): March 2024 Vol 10, No 4 (2023): December 2023 Vol 10, No 3 (2023): September 2023 Vol 10, No 2 (2023): June 2023 Vol 10, No 1 (2023): March 2023 Vol 9, No 4 (2022): December 2022 Vol 9, No 3 (2022): September 2022 Vol 9, No 2 (2022): June 2022 Vol 9, No 1 (2022): March 2022 Vol 8, No 4 (2021): December 2021 Vol 8, No 3 (2021): September 2021 Vol 8, No 2 (2021): June 2021 Vol 8, No 1 (2021): March 2021 Vol 7, No 4 (2020): December 2020 Vol 7, No 3 (2020): September 2020 Vol 7, No 2 (2020): June 2020 Vol 7, No 1 (2020): March 2020 Vol 6, No 4 (2019): December 2019 Vol 6, No 3 (2019): September 2019 Vol 6, No 2 (2019): June 2019 Vol 6, No 1 (2019): March 2019 Vol 5, No 4 (2018): December 2018 Vol 5, No 3 (2018): September 2018 Vol 5, No 2 (2018): June 2018 Vol 5, No 1 (2018): March 2018 Vol 4, No 4 (2017): December 2017 Vol 4, No 3 (2017) Vol 4, No 2 (2017) Vol 4, No 1 (2017) Vol 3, No 4 (2016) More Issue