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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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Strengthening Rule of Law in the Legislative Process in Indonesia Rahmad Satria; Purwanto Purwanto; Agustinus Astono
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.v13i2.52583

Abstract

The principle of rule of law is the main foundation of the state of law which requires that the process of forming laws be carried out in a constitutional, transparent, accountable, and participatory manner. However, in the practice of legislation in Indonesia, various laws often receive criticism due to weak procedural compliance, lack of meaningful public participation, and increasing formal testing in the Constitutional Court. This condition shows that there is a gap between the legal norms of the formation of laws and regulations and the actual practice of legislation. This study aims to analyze and evaluate the strengthening of the principle of rule of law in the legislative process in Indonesia by examining the relationship between the normative framework of law-making and the institutional practice of law-making. This study uses the doctrinal-socio-legal research method with a qualitative approach, which combines normative analysis of laws and regulations and the principles of the state of law with empirical analysis based on official documents of the legislation process, including academic manuscripts, minutes of DPR meetings, list of problem inventories, and statements of the DPR and the Government in the Constitutional Court's decision. The data is analyzed qualitatively through legal reasoning and content analysis. The results of the study show that although the regulatory framework for the formation of laws has accommodated the principle of rule of law, its implementation is still formalistic and does not fully guarantee meaningful public participation. This study concludes that strengthening the rule of law in the legislative process requires procedural reform and strengthening accountability mechanisms to ensure the quality of constitutional and democratic legislation.
Reconstruction of the Limits of Exoneration Clauses in E-Commerce Transactions to Strengthen Consumer Protection Based on Contractual Justice Esther Masri; Otih Handayani; Ni Luh Gede Astariyani; Farikh Hakimi Jordan; Achmad Jumeri Pamungkas
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.v13i2.51953

Abstract

Advances in information technology have impacted all business activities, significantly contributing to the world of information and electronic transactions. Electronic buying and selling transactions on electronic commerce (e-commerce) platforms have transformed the legal relationship between businesses and consumers, enabling them to be carried out easily, quickly, and efficiently. In practice, these relationships are often outlined in standard agreements containing exoneration clauses, which limit, transfer, or eliminate the business actor's liability for losses suffered by consumers. This places consumers in an unequal bargaining position, which contradicts the principle of consumer protection. This study aims to analyze the regulation of exoneration clauses in the Indonesian legal system and reconstruct the limits of their use in electronic buying and selling transactions on e-commerce platforms based on the principle of contractual justice to strengthen consumer protection. This study is a normative legal study with a statutory and conceptual approach. The legal sources include primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results indicate that existing regulations do not yet provide clear parameters for distinguishing between reasonable limitations of liability and absolute transfers of responsibility. The proposed reforms include a comprehensive ban on shifting responsibility, strengthening oversight mechanisms, and revoking clauses detrimental to consumers. This reform is expected to create a balance between business interests and consumer rights in e-commerce.
Notarial Liability in Apartment Pre-Sale and Purchase Agreements: Consumer Protection and Legal Certainty Desyanti Desyanti; Hanif Nur Widhiyanti; Amelia Sri Kusuma Dewi
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.v13i2.51798

Abstract

Apartment Sale and Purchase Binding Agreements (PPJB) drafted by notaries are frequently executed without satisfying the prerequisites stipulated under Article 43 of Law No. 20 of 2011 on Flats (Apartment Law), which requires certainty of land status, Building Construction Permit (IMB), infrastructure availability, and a minimum construction completion of 20% prior to marketing. This normative juridical research analyses legal certainty and consumer protection in the execution of apartment PPJBs drafted by notaries, employing statutory, conceptual, and case approaches. The study finds that notaries bear an implicit obligation to verify the fulfilment of legal prerequisites as a consequence of the due diligence principle enshrined in Article 16 paragraph (1) letter (a) of the Notary Profession Law (UUJN). Notarial negligence gives rise to civil, administrative, criminal, and moral-ethical liability. Furthermore, the existing consumer protection legal framework does not provide adequate substantive protection owing to weak supervision, deficient sanction enforcement, and inadequate recovery mechanisms. The study recommends a comprehensive legal reconstruction encompassing: the establishment of a marketability certification system, explicit affirmation of notarial verification obligations within the UUJN, strengthened sanctions for developers, the creation of a consumer protection guarantee fund for the property sector, and enhanced institutional capacity of the Consumer Dispute Settlement Agency (BPSK) and courts in handling property consumer disputes.
The Legal Vacancy of Consumer Protection in Smart Contract Execution: A Substantive Justice Approach Totok Catur Wismo Malaicanto
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.v13i2.53625

Abstract

The Web3 digital economic transformation presents smart contracts that operate autonomously and decentralized based on the doctrine of "Code is Law." The immutable nature of these algorithms creates a legal paradox because it eliminates the obligation of good faith and cripples consumer protection, especially when virtual defaults occur, such as the practice of Rug Pull. This normative legal research aims to analyze the legal gaps in the Consumer Protection Law (UUPK), the ITE Law, and the PDP Law, and formulate a reconstruction of protection based on substantive justice. The research results show that agreements in smart contracts are vulnerable to defects of will (wilsgebrek), and the architecture that rejects refunds is a form of obfuscation by code that is null and void according to Article 18 of Law No. 8 of 1999. The immutable nature also conflicts with the right to data deletion in the Personal Data Protection Law. As crypto oversight shifts to the Financial Services Authority (OJK), problem solving demands a Fairness-by-Design approach. This research recommends mandatory Smart Contract Escrow, integrated Online Dispute Resolution (ODR), and the implementation of off-chain storage. This architectural imposition is justified by the Government's authority in Article 40A of Law No. 1 of 2024 for the sake of a fair digital ecosystem.
Reconstruction of the Mediation Model in the Resolution of Customary Law Disputes as an Effort to Integrate it into the National Legal System Umar Hasan; Sasmiar Sasmiar; Suhermi Suhermi; Windarto Windarto; Rifqi Pratama Putra
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.v13i2.48679

Abstract

The diversity of customary law in Indonesia reflects the reality of legal pluralism that exists within society. However, the existence of customary mediation mechanisms as a means of dispute resolution is often overlooked in the national legal system, which is oriented towards formal legality. This shows the imbalance between living law and positive law. This study uses a normative juridical method with a conceptual, legislative, and case-based approach to examine the position of customary mediation law in the national legal system and to formulate an ideal model of customary mediation that can be accommodated legally and harmoniously. The results of the study show that philosophically and constitutionally, customary law has strong legitimacy as recognized in Article 18B paragraph (2) of the 1945 Constitution and Article 2 of the 2023 Criminal Code concerning living law in society. Empirically, customary mediation models in various regions such as Aceh and Kalimantan are capable of delivering restorative, participatory, and humanistic justice, despite facing the challenges of modernization and the principle of legality. Therefore, the integration of customary mediation into the national legal system needs to be realized through the strengthening of customary institutions and normative regulations that guarantee equal rights and legal certainty. Customary mediation should ideally become a model of restorative justice unique to Indonesia, rooted in cultural values and the principle of deliberation to reach consensus.
Legal Reformulation of Coastal Land Utilization for Beach Club Businesses as a Support for Sustainable Tourism in Bali Ni Nyoman Sri Puspadewi; Johanes Ibrahim Kosasih; I Ketut Kasta Arya Wijaya
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.v13i2.53711

Abstract

The rapid growth of beach club enterprises along Bali’s coastal areas reflects the ongoing transformation of tourism from a cultural-spiritual model toward a commercial paradigm that often disregards ecological, social, and cultural dimensions. The use of coastal land as business space is not merely an economic or spatial planning issue; it also deeply engages with the religious-magical values of Balinese society, which are grounded in the Tri Hita Karana philosophy. However, within the framework of national law, beach clubs have yet to be recognized as a distinct business entity, neither under Law No. 10 of 2009 on Tourism, Law No. 26 of 2007 on Spatial Planning, nor within the KBLI classification system or the OSS-RBA licensing mechanism. This legal vacuum creates room for the exploitation of coastal areas, leading to conflicts of interest among investors, indigenous communities, and the environment. Through a normative and socio-juridical approach, this study proposes a comprehensive regulatory formulation, including the addition of a specific business classification within national tourism policy, revision of the KBLI, and the establishment of local zoning regulations for coastal areas that are participatory and rooted in local wisdom. The findings highlight the importance of recognizing beach clubs as tourism-supporting businesses that adhere not only to the principles of lex certa and lex scripta but are also in harmony with the social and spiritual fabric of Balinese society. This reformulation is expected to serve as a convergence point between legal certainty, environmental protection, and the sustainability of local culture in the pursuit of a holistic and just tourism development model for Bali.
Implementation of Child Marriage Prevention Governance Based on Reproductive Health Rights Counseling for Sustainable Regeneration Anies Marsudiati Purbadiri; Naimah Naimah; Irma Sahvitri Lawado; Siti Umiyatun Azizah; Titik Sri Astutik
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.v13i2.52157

Abstract

One of the Sustainable Development Goals (SDGs) is to ensure justice and the implementation of governance that is able to maintain an increase in the quality of life from generation to generation, including the Millennial Generation who were born on average in 1997-2012 or aged 8-23 years, including by preventing child marriage. This is because child marriage does not meet the requirements for the validity of marriage as stated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, does not comply with the expectations of Law Number 36 of 2009 concerning Health and is not in line with the Sustainable Development Goals Point 5.3, including not supporting the implementation of Lumajang Regent Regulation Number 23 of 2020 concerning the Prevention of Child Marriage, so that intensive legal counseling is needed. The goal is that child marriage will no longer be a prominent issue and hinder the pace of development, along with growing public awareness of the risks that accompany it, especially regarding women's reproductive health. The methods used are a legal approach and a case approach by presenting primary and secondary data. The expected result is that with comprehensive governance, improvements in the quality of life of the next generation can be achieved in connection with the existence of synergistic cross-generational concern in understanding the importance of upholding reproductive rights amidst the phenomenon of child marriage..Thus, understanding reproductive rights as a means of reducing the number of child marriages can be a positive contribution to improving the quality of life of future generations.
Analysis of First-Time Voter Characteristics in the 2024 Legislative Election in Jayawijaya Regency: A Perspective of Local Wisdom and Political Culture Siti Khikmatul Rizqi; Renida Jozelina Torobi; Rekno Sulandjari; Putera Astomo
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.v13i2.51788

Abstract

Research on the characteristics of first voters in the Legislative Election in Jayawijaya Regency is essential for understanding the political preferences of young voters, formulating effective campaign strategies, evaluating the success of political socialization, increasing voter participation, and supporting more accurate public policy planning. This study aims to analyze the characteristics of first voters in the 2024 Legislative Election in Jayawijaya Regency. The research employs a descriptive method with a qualitative approach. A total of 30 informants were selected using purposive sampling techniques. Data were collected through observation, in-depth interviews, and documentation, then analyzed using qualitative analysis stages, including data collection, data reduction, data presentation, and conclusion drawing. The findings reveal that first voters in Jayawijaya tend to exhibit two types of characteristics: primordial and rational. However, the dominant tendency remains within the primordial type, where voting decisions are primarily influenced by similarities in religion, ethnicity, or tribe.
Effectiveness of Judicial Conduct Supervision in Regional Institutional Practice Miftahul Huda; Yvonne Wangdra; Diki Zukriadi; Lenny Husna; Padrisan Jamba
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.v13i2.51935

Abstract

This study aims to analyze the effectiveness of judicial conduct supervision at the regional level within the framework of Indonesia’s judicial oversight system. The research focuses on how supervisory functions are implemented in practice, including the identification of institutional constraints that affect their performance. The research method used in this study is a sociological legal (socio-legal) approach with a descriptive qualitative design. Primary data were obtained through field observations and in-depth interviews with officials at the regional liaison office, while secondary data were derived from statutory regulations, legal literature, and relevant scholarly works. The novelty of this research lies in its focus on the empirical implementation of judicial conduct supervision at the regional level, particularly in highlighting the gap between the normative framework and actual practice. Unlike previous studies that emphasize institutional authority at the central level, this study provides a contextual analysis of operational challenges, including limited human resources, budget constraints, bureaucratic complexity, and the absence of adaptive regulatory mechanisms for supervising online court proceedings. Based on the research, it is concluded that although the supervisory function has a clear legal foundation and institutional mandate, its implementation has not yet achieved optimal effectiveness. Structural limitations and centralized authority significantly affect the responsiveness and flexibility of supervision at the regional level. Therefore, strengthening institutional capacity and developing more adaptive regulatory frameworks are necessary to enhance the effectiveness of judicial conduct supervision.
Legal Pluralism and The Dual Status of Catholic Divorce in Indonesia: Reformulating an Integrative Church Mediation Model for Harmonizing Civil and Canonical Jurisdictions Diva Yulia Amanda; Afifah Kusumadara; Suhariningsih Suhariningsih
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.v13i2.53063

Abstract

This study aims to analyze the dualism of divorce status experienced by Catholics in Indonesia as a consequence of the normative conflict between national marriage law and Catholic Canon Law, as well as to formulate an integrative mediation model through Church institutions as a mechanism for harmonizing the two legal regimes. Existing studies have primarily focused on descriptive analyses of the relationship between state law and religious law, while limited attention has been devoted to procedural mechanisms capable of harmonizing conflicting civil and ecclesiastical jurisdictions. This normative legal research employs both statutory and conceptual approaches. The analysis is conducted through the examination of primary legal materials, including Law No. 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, and the Code of Canon Law, supported by secondary legal materials from scholarly literature. Legal materials are analyzed using systematic and interdisciplinary interpretation methods. The findings reveal that the coexistence of civil divorce recognition under Article 38 of the Marriage Law and the principle of the absolute indissolubility of marriage under Canon 1141 generates a condition of legal dualism that reflects the characteristics of weak legal pluralism. This dualism gives rise to substantive legal uncertainty, ambiguity in personal status, restrictions on the civil right to remarry, and limitations on the exercise of religious rights within the Catholic Church. Consequently, the legal certainty provided by civil courts remains merely formal and administrative, without resolving the broader religious and social implications faced by Catholic divorcees. The novelty of this study lies in proposing an Integrative Church Mediation Model as a procedural harmonization mechanism that has not been comprehensively discussed in previous scholarship. The proposed model offers practical implications for judicial institutions, policymakers, and Church authorities in addressing legal uncertainty within Indonesia’s pluralistic legal system. The study concludes that a holistic procedural reconstruction is necessary through the adoption of an Integrative Church Mediation Model as a pre-litigation mechanism capable of harmonizing civil and ecclesiastical jurisdictions, thereby ensuring greater legal certainty, justice, and protection for Catholics in a pluralistic legal system.

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