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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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A Legal Reconstruction Model for Village-Owned Enterprises (BUMDES) Governance Based on Minimum Regulatory Standards to Strengthen Village-Owned Enterprises (PADES) In North Sumatra Muhammad Khoirul Ritonga; Ramlan Ramlan; Surya Perdana
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.v13i2.51888

Abstract

Village-Owned Enterprises (BUMDes) are expected to strengthen village revenue (PADes), yet many initiatives in practice are constrained by weak governance design, overlapping roles at the village level, limited transparency, and inconsistent compliance with existing regulations. This article formulates a legal reconstruction model for BUMDes governance through Minimum Regulatory Standards (MRS) as an operational bridge between normative rules and implementation needs in North Sumatra. The objective is to develop a structured and applicable governance framework that improves accountability, reduces conflicts of interest, and supports sustainable PADes generation. This research uses a normative-empirical legal approach by integrating statutory and conceptual analysis with an implementation-oriented assessment of governance problems commonly found in BUMDes management. The proposed model consists of: (i) a village-level check-and-balance design (mandate holder–management–supervision), (ii) core SOP and internal control standards for procurement, cash, receivables, inventory, investment, and risk, (iii) performance indicators and public reporting mechanisms to ensure transparency, and (iv) conflict-of-interest controls through ethics rules, role restrictions, and enforceable internal sanctions. The findings argue that the MRS-based reconstruction model provides a concrete legal-institutional blueprint to standardize governance quality, enhance public trust, and improve PADes performance while remaining adaptable to local capacity differences among villages.
Legal Analysis of Patient and Family Consent as a Form of Agreement in the Implementation of Medical Procedures in Hospitals Muhammad Purnomo; Rusnoto Rusnoto; 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.v13i2.52333

Abstract

Patient and family decision-making regarding medical procedures is a crucial process in health care that requires conscious and voluntary consent, known asinformed consentThis process is influenced by various multidimensional factors that are not yet fully understood, especially in private hospitals in Central Java. Objective:This study aims to identify and analyze factors that influence patient and/or family decision-making regarding medical procedures performed by doctors. Method: This quantitative research uses an approachanalytical descriptivewith designcross-sectional.A sample of 120 respondents was selected using the techniquepurposive samplingfrom six private hospitals in Kudus, Demak, and Jepara Regencies. Data were collected using a structured questionnaire that had been tested for validity and reliability, and analyzed using a multivariate analysis.Pearson Correlation And simple linear regression. Results:There is a significant relationship between knowledge (r=0.304; p=0.001), psychological (r=0.323; p=0.001), cultural-religious (r=0.336; p=0.001), economic conditions (r=0.925; p=0.001), and trust in medical personnel (r=0.334; p=0.001) factors with medical decision-making. Multivariate analysis shows thateconomic conditionsis the most dominant factor influencing patient decisions (R²=0.864; p=0.001).Conclusion:Patient and family decision-making regarding medical procedures is influenced by various factors, primarily economic conditions, followed by cultural-religious and psychological aspects. Interventions that strengthen psychological support, are sensitive to cultural values, and improve financial access are key to improving the process.informed consentwhich is more effective.
Post-Job Creation Amdal Reform: Integration of Transcendental Values and Local Wisdom in Sustainable Development Ridwan Ridwan; Rizka Rizka; Didik Irawansah; Ainun Wulandari; Warda Said; Wirda Rohmah
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.v13i2.52141

Abstract

This study aims to examine the implications of the AMDAL policy reform in the Job Creation Law on sustainable development, while also offering an integrative model that combines a transcendental approach (prophetic law) and local wisdom. Using a juridical-normative research method with a legislative approach, a conceptual approach, and an analytical approach, this study critically analyzes changes in AMDAL regulations after the Job Creation Law and their impact on environmental protection. The results of the study reveal three main findings: first, the simplification of AMDAL procedures has the potential to reduce the effectiveness of environmental protection; second, there is a gap between the new policy and the principles of sustainable development; third, transcendental values derived from prophetic law and the local wisdom practices of indigenous communities can function as a corrective and complementary mechanism to the shortcomings of the new regulations. The study's conclusions indicate that the reformulation of AMDAL policy needs to consider the integration of transcendental values and local wisdom to create a more holistic environmental protection system. The proposed policy recommendations include: (1) strengthening local community participation in the AMDAL process; (2) internalizing prophetic law principles in implementing regulations; and (3) development of an environmental impact evaluation model based on local values. These findings provide an important contribution to the development of environmental policies that are more responsive to ecological and socio-cultural sustainability aspects.
Legal Protection for Consumers in Transactions Through International E-Commerce Platforms Between Indonesia and China Malikal Bulqis; Mushafi Miftah
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.v13i2.53552

Abstract

In addition to bringing advantages like easy access to foreign goods at competitive costs and altering global consumption patterns, the growth of cross-border e-commerce has also brought up complicated legal issues, especially with regard to consumer protection. In Indonesia, consumer protection regulations still focus more on domestic transactions, making them less effective for international transactions China, on the other hand, has a more comprehensive regulatory framework for controlling foreign e-commerce, however there are still issues with transparency and oversight in its execution. With a focus on popular platforms like Tokopedia, Bukalapak, AliExpress, and JD.com, this study contrasts the legislative frameworks for consumer protection in cross-border e-commerce transactions between Indonesia and China. The study's findings demonstrate that although Indonesia continues to struggle with interagency coordination and regulation execution, China leads the world in centralized oversight and consumer education programs. In order to establish a secure, equitable, and long-lasting e-commerce ecosystem, this study suggests that Indonesia take a more integrated strategy, bolster digital supervision, and enhance public education.
Green Tourism Investment and Collaborative Governance Plus Multi-Helix: A Digital Policy Network Analysis Andi Yudha Pranata; Andy Fefta Wijaya; Imam Hanafi; Hermawan Hermawan
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.v13i2.52721

Abstract

Green tourism investment is being encouraged more and more as a way to balance economic growth from tourism with protecting the environment; however, it often faces challenges due to disorganized institutions, unequal power dynamics, and a focus on marketing rather than meaningful discussion. In areas with decentralized governance, partnerships between government, businesses, communities, universities, and media are often set up but not always put into practice effectively, leading to questions about whether green tourism truly changes how things are governed or just serves as a way to make it look beneficial. This study examines green tourism investment governance in Batu City, East Java, Indonesia, using the Collaborative Governance Plus Multi-Helix (CGPMH) framework. A qualitative explanatory methodology employing a non-intrusive research design was utilized. The data utilized were sourced from two official tourism Instagram accounts from 2024 to 2025, in addition to internet press coverage. Miles, Huberman, and Saldaña created an interactive qualitative analysis model that was used to look at the data. This approach involves the collection, condensation, presentation, and formulation of conclusions, complemented by lexicon-based sentiment analysis and policy network analysis. The results suggest that collaborative governance is still structurally centralistic. Green tourism is utilized more as a way to talk and support than as a way to talk about issues that can divide power and define sustainability priorities.
Antinomy of Investment Law: Problems of Ideology, Framework and Regulatory Conflict Purwanto Purwanto; Markus Yohanis Hage
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.v13i2.54502

Abstract

The development of investment in Indonesia began in the 1960s with the enactment of Law No. 1 of 1967 concerning Foreign Investment and Law No. 6 of 1968 concerning Domestic Investment. This research is classified as doctrinal research, namely research that understands law as the principles of truth and justice that are natural and universally applicable. The data sources for this research consist of primary and secondary data. The analysis techniques in this research include normative and ideological interpretations of laws and constitutional documents. This analysis aims to uncover the meaning of the values contained in investment legal norms and their relationship to the ideology they carry. The ideology that accompanies investment, namely the elite social construction that does not provide opportunities for people's economic empowerment towards independence and productivity. The idea of designing 'what' will be achieved through investment, 'how' the idea is expressed in the form of legal institutions/institutions, and 'to what extent' the process of understanding and deepening of these institutions and institutions, is a dialectical circle of struggle between the economic elite and the power elite. The source of the idea is capitalist liberal ideology, the locus of market thinking that makes profit a never-ending and never-culminating pursuit.
Legal Aspects in Determining Floods as a National Disaster Abdul Kahar Maranjaya; Sodikin Sodikin
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 flash floods that struck West Sumatra, North Sumatra, and Aceh in late 2025 resulted in environmental damage and numerous deaths. Community groups have demanded that the government immediately declare the disaster a national disaster. This study employed a descriptive normative method with a qualitative analysis model. The findings explain the legal aspects of disaster management as stipulated in Law Number 24 of 2007, along with its implementing regulations. This law establishes criteria for determining the legal status of a disaster. The regulation stipulates that the legal status of a disaster is determined by whether it qualifies as a national disaster. If the disaster is local in nature, the local government has the authority and responsibility to manage the situation at the regional level. In addition, based on Law Number 24 of 2007 concerning Disaster Management, the President will only fully declare a national disaster if the regional government is completely paralyzed and no longer able to manage resources.
The Urgency of Strengthening Consumer Legal Protection in E-Commerce Transactions in Indonesia Anggawira Anggawira; Sudaryat Sudaryat; Ina Heliany
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

The rapid expansion of the digital economy has transformed commercial transactions by increasing the use of e-commerce platforms, creating both greater convenience and new legal challenges for consumer protection. The development of e-commerce in Indonesia has facilitated transaction activities, but also poses various risks for consumers, such as fraud, personal data breaches, and product non-conformity. This study aims to analyze the legal framework for consumer protection, evaluate the effectiveness of regulations in guaranteeing digital consumer rights, and examine the implementation and challenges faced in e-commerce practices in Indonesia. The research method used is a normative juridical approach with a descriptive-analytical type of research, using primary and secondary legal materials. The results show that although regulations such as Law Number 8 of 1999 and Law Number 1 of 2024 have provided a strong legal basis, the effectiveness of consumer protection is still not optimal. This is due to weak supervision, low consumer literacy, and a gap between regulations and practice in the field. Therefore, regulatory harmonization, strengthened law enforcement, and increased digital literacy are needed to realize effective consumer protection in the digital era.
Commodification of Companion Animals in Indonesian Business Law: Regulatory Gaps and an Ecological Justice–Based Reconstruction Rahmatullah Ayu hasmiati; Mohammed A. Al-Absi
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

Within Indonesian law, companion animals are predominantly treated as economic objects subject to ownership and commercial exchange. This market-oriented legal construction provides limited recognition of animals as living beings and creates structural weaknesses in the protection of animal welfare, particularly regarding the responsibilities of business actors involved in animal-related activities. This article examines how Indonesian business law constructs the legal status of companion animals and identifies the regulatory gaps affecting the protection of their welfare. The research employs normative juridical (doctrinal) methods using statutory, conceptual, and limited comparative approaches. The study analyzes Article 499 and Article 509 of the Indonesian Civil Code (KUHPerdata), Article 302 of the Criminal Code (KUHP), and Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Veterinary Health through the perspective of ecological justice, with a brief comparative reference to South Korean regulatory developments. The findings indicate that Indonesian business law continues to frame companion animals primarily as commodities, resulting in fragmented governance in which welfare protection remains secondary to administrative and economic considerations. The study proposes an ecological justice-based reconstruction that integrates animal welfare obligations into the regulatory governance of companion animal-related businesses through welfare-based licensing, supervisory mechanisms, and duties of care for business actors.
Unveiling the Essence of Pancasila in the Principle of Ultimum Remedium: A Reflection on Criminal Tax Law Dian Esti Pratiwi
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

This study aims to investigate how the Ultimum Remedium principle in tax criminal law enforcement is philosophically grounded in the ideals of Pancasila and examines Law No. 6 of 1983 on General Provisions and Tax Procedures, amended by Law No. 7 of 2021 and the Omnibus Law on Job Creation. To ensure that law enforcement upholds state authority and embraces broader societal ideals of fairness, justice, and equality, this study will assess how Pancasila influences the guiding principles of tax criminal law. This study analyzes the ideals of Pancasila, laws, and legal doctrines related to the ultimum remedium principle using normative-juridical methods with a philosophical perspective. The findings indicate that the ultimum remedium principle, which implements tax criminal law proportionally, humanely, and as a last resort after administrative efforts have been exhausted, is guided by the Pancasila values of divinity, humanity, unity, democracy, and social justice. The main obstacles to incorporating Pancasila ideals into the ultimum remedium principle are the tendency toward a repressive approach and the disparity in judicial decisions resulting from unclear sentencing guidelines. This study recommends Pancasila-based regulatory reform training, clearer sentencing guidelines, strengthened law enforcement, and restorative justice to improve taxpayer compliance.

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