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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 855 Documents
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The Authority of Notaries and Land Deed Officials (PPAT) in Controlling the Conversion of Sustainable Food Agricultural Land (LP2B) during the Transfer of Land Rights Rita Devi Permatasari; Rachmad Safa’at; Herlindah Herlindah
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.v13i2.53805

Abstract

This study aims to analyze the authority of Notaries and Land Deed Officials (PPAT) in controlling land-use conversion of Sustainable Food Agricultural Land (LP2B) during the transfer of land rights and to examine the juridical implications arising from such authority. The research is grounded on the existence of normative ambiguity and the lack of integration between notarial authority and spatial planning control systems, which creates legal gaps enabling formal yet unlawful land conversion. This research employs a normative juridical method with statutory, conceptual, and case approaches. The findings indicate that the authority of Notaries and PPAT remains general in nature and does not explicitly impose obligations to verify LP2B status, resulting in the suboptimal preventive function as gatekeepers. The juridical implications include potential invalidity of authentic deeds, administrative, civil, and criminal liabilities, as well as legal uncertainty and weakened spatial control effectiveness. Therefore, a comprehensive regulatory reconstruction is required to strengthen the preventive role of Notaries and PPAT in controlling land conversion in order to support national food sovereignty.
Effectiveness of Formal Mediation in Resolving Business Disputes Asep Suryadi; Ridwan Hidayah
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.v13i2.52118

Abstract

This study aims to analyze the implementation of formal mediation in resolving business disputes and to examine its effectiveness in practice. The research uses a normative legal method with statutory and conceptual approaches through library research. The novelty of this study lies in the analysis of the operational procedures of formal mediation, including the registration process and implementation stages, as well as identifying the gap between legal norms and practical implementation. The results show that formal mediation has advantages such as faster resolution, lower costs, confidentiality, and the ability to maintain business relationships. However, its effectiveness is still limited due to low trust among parties, lack of legal awareness, and mediator competency issues. It is concluded that although formal mediation has strong legal foundations and high potential, its implementation is not yet optimal. Therefore, strengthening mediator capacity and increasing legal awareness are necessary to improve the effectiveness of mediation in business dispute resolution.
Gaple Gambling Practice in Community Celebrations Perspective of Customary Law and Criminal Law Gunawan Hadi Purwanto; Muhammad Yasir; Mida Izalia
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

Article 18B paragraph (2) of the 1945 Constitution states that the state recognizes and respects the unity of customary law communities and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. Trucuk Village, Bojonegoro Regency, has a tradition of practicing gaple gambling during community celebrations. This study uses socio-legal research methods with historical and comparative approaches, and prescient analysis. The urgency of the discussion is that criminal law regulates that whatever form and method is used by the community in the practice of gambling is a criminal act. Based on local wisdom, the practice of gambling during community celebrations is a community activity that has been passed down from generation to generation. There is no criminal act, so the police cannot make arrests or criminal proceedings against the community. Laws and laws that live in the community (living law) have the same position as the source of national law. The state, through law enforcement apparatus, cannot directly arrest or dissolve the practice of gaple because it is a concrete form of the existence of community culture that is legally protected.
Interpretation of BUMN Losses as State Financial Losses in Corruption Crimes from the Perspective of Legal Certainty Danang Yudanto; Prija Djatmika; Abdul Madjid
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.v13i2.52437

Abstract

This study aims to analyze the interpretative construction of losses in State-Owned Enterprises (BUMN) as state financial losses in corruption cases and to formulate an interpretation model that ensures legal certainty. This research employs a normative juridical method using statutory, conceptual, and case approaches, particularly focusing on court decisions involving BUMN. The findings indicate that the main issue does not lie in conflicting norms, but rather in the inconsistency of interpretative methods applied by law enforcement authorities. In many cases, law enforcement tends to adopt a result-based approach, emphasizing financial loss outcomes without adequately considering the underlying business decision-making process and the application of the business judgment rule. This approach often leads to the misclassification of legitimate business risks as criminal acts, thereby creating legal uncertainty and discouraging strategic decision-making within BUMN. Furthermore, such inconsistencies may undermine corporate governance and reduce confidence among BUMN directors in making business decisions. Therefore, this study provides practical contributions by offering clear guidelines for law enforcement in distinguishing between business risks and corrupt actions. It also serves as a reference for policymakers in harmonizing legal frameworks related to BUMN governance and anti-corruption regulations. The novelty of this research lies in proposing a structured interpretation model that integrates normative, contextual, and causality-based approaches to define clear boundaries between BUMN losses and state financial losses.
Legal Protection of Consumers Against Damage & Loss of Packages based on Consumer Protection Law Herlina Basri; Achmad Miftah Farid; Sayang Bidul
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.v13i1.53060

Abstract

The use of the internet for long-distance commerce (online shopping) has increased people's dependence on delivery services, but has also triggered various legal incidents related to package damage or loss. This study aims to analyse legal protection for consumers using delivery services based on the Consumer Protection Law (UUPK) and related regulations, and to assess the compensation mechanism implemented by J&T Express. Using normative and empirical juridical research methods, this study combines positive law studies with field studies to observe sociological facts in society. The results show that consumers have the right to preventive (Article 7 UUPK) and repressive (Article 45 UUPK) legal protection, which is also strengthened by Article 86 of the Commercial Code (KUHD) and Articles 1238, 1244, and 1245 of the Civil Code (KUHPerdata) regarding default. In its implementation, J&T Express provides full compensation according to the value of the goods if the package is insured, while for non-insured packages, compensation is limited to a maximum of ten times the shipping cost. In conclusion, the applicable legal instruments have actually provided adequate protection guarantees, but the settlement of settlements in the field is highly dependent on the insurance scheme chosen, so that higher transparency is needed from business actors and increased consumer awareness regarding their rights and obligations to reduce the number of losses in the future.
Reconstructing Digital Communication Law in Indonesia: Affirming the Right to Information in the Platform Era Tansah Rahmatullah; Imas Rosidawati Wiradirja; Nugraha Pranadita
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

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Abstract

The rapid expansion of digital platforms has transformed information governance by shifting communication processes from traditional gatekeeping to algorithmically mediated systems. Although Article 28F of the 1945 Constitution guarantees the right to information, Indonesia’s digital regulatory framework has not adequately addressed challenges arising from algorithmic opacity, informational asymmetry, and concentrated platform power. Existing studies primarily focus on data protection, regulatory compliance, and comparative legal reform, while the constitutional implications of platform-based communication remain underexplored. This study aims to reconstruct Indonesia’s digital communication law to strengthen constitutional protection of the right to information in the platform era. Using a doctrinal legal research method, the study applies statutory, conceptual, and comparative approaches to analyze the Electronic Information and Transactions Law, the Personal Data Protection Law, and Ministerial Regulation Number 5 of 2020 as amended by Regulation Number 10 of 2021. The findings reveal four major deficiencies: fragmented regulation, the absence of algorithmic accountability standards, inadequate protection against deceptive digital design practices, and a predominantly command-and-control regulatory paradigm. The study proposes a rights-based reconstruction model grounded in digital constitutionalism, algorithmic accountability, and informational justice.
Legal Protection for Contracting Parties Against Unilateral Termination of Government Construction Contracts Muskibah Muskibah; Sasmiar Sasmiar; Evalina Alissa
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.v13i2.52009

Abstract

Unilateral termination in the implementation of government construction work contracts resulting in the position of the unilaterally terminated party who suffers a very weak loss, considering that there is no certainty regarding legal protection for the aggrieved party. In fact, the purpose of legal protection in contract law in particular is to restore the ownership or proprietary of the aggrieved party in the implementation of the agreement. This article aims to encourage the strengthening of regulations by reconstructing regulations regarding unilateral termination of government construction work contracts. Secondly, this article also examines the legal consequences of government construction work contracts that are unilaterally terminated, and how it affects both service users and service providers. The research method used is normative juridical research. The results of the study show that the unilateral termination clause regulated in the Law and in the Civil Code contains null and void conditions and overrides Article 1266 and Article 1267 of the Civil Code does not provide legal certainty and legal protection for the parties who enter into the contract, due to the reasons for the termination of the contract are not contained in the contract and do not meet the proper nullity requirements. The legal consequences of unilateral termination for both service users and service providers give rise to legal obligations that must be fulfilled by both parties.
An Executive Law Review of Paid Up Capital Regulations for Foreign Investment Limited Liability Companies as a Mechanism of Legal Protection for the Indonesian Public Gede Amatya Ananta; Johanes Ibrahim Kosasih; Ni Luh Made Mahendrawati
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.v13i2.53713

Abstract

Foreign Direct Investment (FDI) through the establishment of Limited Liability Companies (PT PMA) plays a strategic role in driving national economic development. However, weak regulation and supervision of minimum paid-up capital requirements have triggered various legal issues, including fictitious capital injections, unfair business competition, and threats to public interests. This study aims to examine the effectiveness of paid-up capital regulations in PT PMA through an executive law review approach and to identify legal loopholes that allow regulatory deviations. The research adopts a normative juridical method with statutory, conceptual, and non-judicial case study approaches. The findings reveal fundamental weaknesses in the current regulatory framework, including the absence of independent verification mechanisms, overly permissive norms, and weak administrative sanctions. Accordingly, regulatory reform is necessary by introducing sector-based capital thresholds, mandatory external audits, and strengthening cross-sectoral supervision. Improved regulatory governance is expected to enhance legal protection for the public and ensure that foreign investment delivers tangible and sustainable contributions to the national economy.
Comparison of Civil Legal Responsibility in BPJS Health Services in Indonesia and National Health Service in England Helma Widya; Angga Aldilla Gussman
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.v13i2.52997

Abstract

This study examines and compares civil legal liability in the provision of health services between the Social Security Administration for Health (BPJS Kesehatan) in Indonesia and the National Health Service (NHS) in the United Kingdom. Both health insurance systems represent concrete forms of state intervention in fulfilling citizens' basic rights to health, but have fundamentally different legal foundations, institutional structures, and civil legal liability mechanisms. Using a normative-comparative legal research method, this study analyzes the legal construction of civil liability, dispute resolution mechanisms, and legal protection for participants in both systems. The results show that Indonesia still relies on a liability approach based on the Civil Code (KUHPerdata) and sectoral regulations with high institutional fragmentation, while the United Kingdom has established an integrated NHS Resolution system with a mature negligence doctrine and an efficient compensation mechanism. This study recommends structural reforms to the BPJS Kesehatan civil legal liability system towards a more integrated, transparent, and participant-protection-oriented model.
Legal Analysis of the Protection of the Rights and Obligations of Female Workers in the Manufacturing Industry from the Perspective of Labor Law Based on Law No. 6 of 2023 Concerning Job Creation Dwi Atmoko; Sugeng Sugeng
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.v13i2.51580

Abstract

Currently, the development of the manufacturing industry in Indonesia is experiencing quite rapid growth. Investors are entering Indonesia, many of them establishing companies that certainly require a lot of workers, including female workers. As is known, the emergence of the Employment Law contained in Law No. 6 of 2023 concerning Job Creation provides a "breath of fresh air" for workers, especially female workers, who of course have rights and obligations in carrying out their work, most of which are in the manufacturing industry. In this study, a normative juridical research method is used, where in this study an approach is taken through laws and regulations, theories, certainty theories and other legal materials that support the writing of this research. In this study, after further observation and analysis, there are several things related to the rights and obligations of workers, especially women regulated in Law No. 6 of 2023, of which there are profitable sides, namely related to maternity and birth leave as well as working hours and transportation, but on the other hand, the less profitable side is the flexibility of a certain time work agreement which can be extended continuously by the company, which in the future is feared giving rise to conflict which ultimately leads to termination of employment. In addition, there is a need for supervision by local Manpower Office officials to periodically evaluate and monitor the company, so that it can be ensured that the company is implementing its regulations properly and correctly so as not to cause conflict in the employment sector.

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