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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 872 Documents
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The Scope of Legal Protection for Parties in Credit Agreements: A Judicial Review of Decision No. 46/Pdt.g/2022/PN Tpg Shenti Agustini; Yudhi Priyo Amboro; elza syarief
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.v13i1.50763

Abstract

Credit agreements between banks and debtors are generally made in the form of standard contracts that have accommodated the balance of rights and obligations as required by POJK on consumer protection. Ideally, both creditors and debtors receive equal legal protection. However, Judge’s Decision Number 46/Pdt.G/2022/PN TPG raises a dilemma because the court’s considerations focus only on protecting the debtor as a consumer, while neglecting the creditor’s legal certainty. This study aims to assess the extent to which the decision reflects legal ideals and to analyze the legal protection provided by the judge. Using a normative juridical method with statutory and literature approaches, this research refers to the Civil Code, the Consumer Protection Law, and relevant POJK regulations. The findings show that the decision does not fully embody justice, certainty, or utility, and fails to provide adequate internal or external protection for both parties. Therefore, the study recommends requiring the involvement of heirs in credit agreements and strengthening POJK provisions to ensure balanced legal protection.
Bridging Legal Gaps in Indigenous Customary Land Rights: The Urgency of Lex Specialis in Agrarian Law Endah Pertiwi; Ujang Badru Jaman
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.51323

Abstract

This study aims to examine the legal uncertainty surrounding the protection of indigenous peoples’ customary land rights within Indonesian agrarian law, particularly due to the absence of a lex specialis framework. Although the 1945 Constitution and the Basic Agrarian Law (UUPA) formally recognize customary rights (hak ulayat), their implementation remains constrained by sectoral legislation that prioritizes state and corporate interests. This research employed a normative juridical approach by analyzing constitutional provisions, statutory regulations, and relevant court decisions to identify gaps in legal protection. The novelty of this study lies in its integrative analysis of the doctrinal, constitutional, and comparative dimensions of lex specialis in relation to indigenous rights protection. The findings reveal that the absence of a specific legal framework has led to fragmented regulations, inconsistencies in judicial and administrative practices, and persistent legal uncertainty, which in turn contribute to land conflicts, marginalization, and unequal access to natural resources. Comparative insights from Malaysia and the Philippines demonstrate that the existence of specific legislation can strengthen legal recognition while maintaining alignment with national development objectives. This study concludes that the establishment of a lex specialis law is essential to harmonize state law and customary law, ensure constitutional compliance, and enhance legal certainty and social justice for indigenous peoples. Such reform is also necessary to align Indonesia’s legal system with international human rights standards and to support sustainable and inclusive agrarian governance.
The Urgency of Sharia Notarial Practice in Indonesia: Islamic Law Critique of Law No. 2 of 2014 on Notary Position and Its Contribution to Sharia Economic Law Ustad Adil; Ija Suntana; Siah Khosyi'ah; Uu Nurul Huda
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.51407

Abstract

This study aims to explore the urgency of Sharia notary law in Indonesia, as well as critique Islamic law regarding Law No. 2 of 2014 concerning the Notary Public and its contribution to Sharia economic law. This research method uses a descriptive analytical approach with a normative juridical approach by analyzing applicable laws and regulations and relevant Islamic legal principles. The results indicate that Law No. 2 of 2014 does not fully accommodate provisions regarding notary law in the context of Sharia economic transactions, such as Sharia contracts, which must be fair and certain. This points to the urgent need to integrate elements of Islamic law into notary law to provide greater legal certainty for Sharia economic transactions. This study also reveals the importance of Sharia notary law from a philosophical, juridical, sociological, and practical perspective. This study then recommends that the Notary Law be revised to incorporate provisions in accordance with Sharia principles, thereby strengthening the legal infrastructure of Sharia economics in Indonesia.
The Misappropriation of Public Infrastructure, Facilities, and Utilities (PSU) Land for Private Residential Ownership: An Indonesian Land Law Analysis of Sigura Gura Residence Housing Estate in Malang City Shang Dyah Pitaloka; Herlindah Herlindah; Supriyadi Supriyadi
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.53808

Abstract

This study aims to analyze the factors underlying the transfer of infrastructure, facilities, and public utilities (PSU) land into residential ownership and to examine its juridical and social consequences for residents of Sigura Gura Residence Housing in Malang City. This research employs an empirical legal method with a juridical-sociological approach through statutory, conceptual, and case approaches. The findings reveal that the transfer of PSU land was caused by weak governmental supervision, inadequate land administration, developers’ economic orientation, and delays in the handover of PSU. The conversion of a mushola into residential property resulted in juridical consequences in the form of violations of the social function of land principle and inconsistencies with the approved housing site plan. Socially, the practice led to the loss of worship facilities and communal interaction spaces, thereby affecting residents’ rights to a proper and sustainable living environment.
Analysis of the Disharmony of Regulations between the Obligation of Confidentiality of Notary Protocols and the Fulfillment of the Rights of Personal Data Subjects from the Perspective of the Notary Law and the Personal Data Protection Law Aria Roby Putra; Rika Kurniaty; Letizia Dessy Andreassari
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.52114

Abstract

The development of personal data protection regulations in Indonesia through Law Number 27 of 2022 concerning Personal Data Protection has legal consequences for various sectors that process personal data, including notarial practices. Notaries, as public officials authorized to make authentic deeds, have a legal obligation to maintain the confidentiality of notarial protocols as regulated in Article 16 paragraph (1) letters b and f of Law Number 2 of 2014 concerning the Position of Notary. On the other hand, Article 8 of the personal data protection law provides a number of rights to data subjects, such as the right to terminate processing, delete, and/or destroy personal data. The meeting between these two legal regulations has the potential to cause disharmony of norms, especially when the fulfillment of the rights of personal data subjects conflicts with the notary's obligation to maintain the confidentiality of notarial documents that are part of the notarial protocol. This study aims to analyze the legal implications of this disharmony of regulations and formulate a construction of harmonization of norms between the obligation to confidentiality of notarial protocols and the fulfillment of the rights of personal data subjects from a positive legal perspective in Indonesia. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that the disharmony between the two regulations creates potential conflicts of obligations for notaries in practice, particularly regarding granting access to or deleting personal data contained in authentic deeds. Harmonization of norms can be achieved through a systematic interpretation of both laws, the application of the principle of proportionality in limiting data subjects' rights, and strengthening standards for personal data management in notarial practice. This approach allows for a balance between protecting individual privacy rights and the legal certainty inherent in notarial documents as authentic evidence.
Legal Uncertainty of Pelindo’s Land Management Rights in Port Development: A Normative Analysis of Regulatory Conflict Irene Eka Sihombing; Endang Pandamdari; I Gede Yudi Arsawan; Ignatius Pradipa Probondaru
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines legal issues concerning land control by State-Owned Enterprises (SOEs), particularly PT Pelabuhan Indonesia (Persero) (Pelindo), in port development and expansion. In practice, Pelindo frequently acquires land or conducts reclamation using its internal funds; however, the resulting land is often transferred to the Ministry of Transportation (MoT) as the holder of Land Management Rights (Hak Pengelolaan/HPL). This arrangement creates legal uncertainty for Pelindo in managing land assets and establishing business partnerships. The study aims to analyze the legal certainty of Pelindo’s rights over land utilized for port development. Using a normative juridical method, the study examines legislation governing land law, shipping, and state-owned enterprises. The findings indicate that, despite financing land acquisition independently, Pelindo faces uncertainty regarding its legal status over the acquired land. Based on Law Number 5 of 1960, Law Number 2 of 2012, Law Number 17 of 2008, and Government Regulation Number 18 of 2021, the party that acquires land and maintains a legal relationship with it should be entitled to the relevant land rights. Therefore, transferring such land to the MoT is not legally required unless acquisition is financed through the State Budget (APBN). The study recommends regulatory harmonization, granting HPL to Pelindo, and strengthening its legal position to ensure greater legal certainty.
The Legal Relationship Between Merah Putih Cooperative & Village-Owned Enterprises Andriyansyah Andriyansyah; Armansyah Armansyah; Heri Heriyanto
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.52836

Abstract

This study examines the legal relationship between Koperasi Merah Putih and Badan Usaha Milik Desa (BUMDes) in Indonesia’s village economic governance system. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the regulatory framework, institutional overlap, and legal construction between the two entities. The findings indicate that Koperasi Merah Putih and BUMDes possess legitimate legal foundations but are governed under different legal regimes, resulting in legal uncertainty, overlapping authority, duplication of business functions, and institutional fragmentation at the village level. The study further reveals that the absence of clear regulatory coordination creates potential conflicts in village economic management. Therefore, this research proposes an ideal legal relationship model based on strategic partnership, functional differentiation, institutional coordination, regulatory harmonization, and participatory governance. This model is expected to strengthen legal certainty, prevent institutional conflicts, improve village economic governance, and support inclusive and sustainable rural economic development in Indonesia.
Sharing Authority Between Licensing Decentralization and Rights Deconcentration in Water Space Management Dzulkarnain Alghafuru Syahputra; Indrawati Indrawati
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.51934

Abstract

This study aims to analyze the problem of authority over the management of water space in Indonesia, which is caught between the tension of licensing decentralization and the need for decentralization of rights determination. The research method used was normative legal research with a legislative, conceptual, and study approach of Constitutional Court Decision Number 3/PUU-VIII/2010. The novelty in this research is the proposed model of authority sharing that clearly distinguishes between administrative licensing decentralization and property rights determination deconcentration, accompanied by institutional synchronization, integrated digital licensing systems, improved central-regional incentive structures, and strengthened mechanisms for community rights recognition and meaningful public participation. Based on the research, it is concluded that: first, decentralization of licensing is important for efficiency and proximity of services, but must be selective because it risks policy fragmentation, elite capture, and inter-regional conflicts; second, the establishment of exclusive property rights over water areas that have long-term impacts and affect public access requires stronger state control through deconcentration mechanisms, as emphasized by the Constitutional Court Decision that invalidated the HP-3 concept. The research recommends an authority-sharing model with institutional synchronization between the Ministry of Marine Affairs and Fisheries and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, the development of an integrated digital licensing system, improvement of the central-regional incentive structure, and strengthening of community rights recognition and meaningful public participation.
Analysis of Legal Protection for the Protected and Well-Known Eiger Fashion Brand in Facing the Global Market Sulasno Sulasno; Cindi Nur Febriani; Inge Dwisvimiar
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal protection of intellectual property, particularly trademarks, plays a significant role in enhancing business competitiveness in the era of globalization. This study aims to analyze the trademark protection of the Eiger brand in its efforts to penetrate the global market and to examine legal remedies against passing off under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research employs a qualitative method with an empirical juridical approach. The data used consist of primary, secondary, and tertiary sources, which are analyzed descriptively. The findings indicate that trademark owners possess exclusive rights to use and protect their trademarks from unauthorized use. In the international context, trademark protection is territorial in nature; therefore, Eiger must register its trademark in target countries or through international mechanisms such as the Madrid Protocol. Strong trademark protection helps maintain brand reputation, prevent counterfeiting, and increase consumer confidence in global markets. However, differences in legal systems across countries and the widespread circulation of counterfeit products remain significant challenges. Trademark protection serves as a strategic instrument for strengthening Eiger’s competitiveness in the international market. In cases of trademark infringement or passing off, legal remedies under Law Number 20 of 2016 include civil lawsuits before the Commercial Court to stop infringement and seek damages, criminal prosecution of offenders, and administrative measures such as the cancellation or removal of trademarks registered in bad faith.
Investor Protection Model in Digital Retail SBSN with Sharia Compliance Assurance Sahdani Ritonga; Ramlan Ramlan; Muhammad Arifin
JURNAL AKTA Vol 13, No 2 (2026): June 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.v13i2.51973

Abstract

This study aims to analyze and develop an investor protection model in Digital Retail Sovereign Sukuk (SBSN) within the context of digital financial service transformation. The increasing use of digital platforms in retail sukuk distribution has introduced new challenges in investor protection, particularly regarding the adequacy of risk disclosure, the effectiveness of complaint handling mechanisms, and the assurance of sharia compliance in digital transactions. The research employs a socio-legal research approach with qualitative descriptive analysis. The data used are secondary legal materials consisting of laws and regulations on sovereign sukuk, financial technology governance, financial consumer protection, and sharia compliance frameworks. Data collection was conducted through document analysis, while data analysis was performed using qualitative legal interpretation to identify gaps between normative regulation and its implementation in the digital retail SBSN ecosystem. The novelty of this study lies in the formulation of an integrated investor protection model that combines standardized digital risk disclosure, an integrated complaint and dispute resolution system, and a structured sharia compliance assurance mechanism that is auditable and transparent within the digital distribution process. The study concludes that effective investor protection in Digital Retail SBSN requires the strengthening of standardized risk communication, the establishment of a unified complaint handling system with clear escalation procedures, and the implementation of an accountable sharia compliance assurance framework. These components collectively enhance legal certainty, transparency, and investor trust in the digital sovereign sukuk market.

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