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 872 Documents
 84   85   86   87   88 
Juridical Issues of Land Ownership Rights in Mixed Marriages in Indonesia Alayna Lita Agzia Khalfani; Mira Novana Ardani
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 increasing number of mixed marriages between Indonesian citizens and foreign nationals has created legal challenges regarding land ownership rights in Indonesia. These challenges arise from the inconsistency between the Basic Agrarian Law, which strictly applies the nationality principle, and the Marriage Law, which recognizes joint marital property. This study aims to analyze the legal regulation of land ownership in mixed marriages, identify the normative conflicts between agrarian and marriage law, and formulate strategies to strengthen legal certainty. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively using a descriptive-analytical method. The findings reveal that the interaction between the nationality principle and the concept of joint marital property creates significant legal uncertainty for Indonesian citizens who marry foreign nationals, particularly in the absence of a marital agreement. Although Constitutional Court Decision Number 69/PUU-XIII/2015 permits postnuptial agreements and provides greater legal protection, it has not fully resolved the existing regulatory inconsistency. Therefore, harmonized agrarian and marriage laws, stronger institutional coordination, and greater public legal awareness are essential to ensure legal certainty and protect the land ownership rights of Indonesian citizens.
Sociocultural Perspective in Law Enforcement on Drug Abuse in Donggala Regency Police Resort, Central Sulawesi Lukman Lukman; Sulbadana Sulbadana; Hamdan Rampadio; Syachdin Syachdin
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

Drug abuse has become a global threat affecting legal, social, health, and national security systems, requiring not only strict law enforcement but also comprehensive community participation to ensure effective prevention and control. This study aims to analyze the effectiveness of law enforcement in addressing drug abuse at the local level and to examine the role of law enforcement agencies in prevention efforts and suppression of drug abuse in Donggala District. The method applied a socio-juridical approach, which involved exploring existing regulations, such as Law Number 35 of 2009 on Narcotics, and relating them to the community’s social conditions through interviews, observations, and field studies. The findings indicate that law enforcement still faces challenges such as limited facilities and infrastructure, low public legal awareness, and weak supervision in coastal and border areas that serve as entry points for narcotics. As a novel contribution, this dissertation proposes the concept of a “Drug-Free Resilient Village” (Anti-Narcotics Resilient Village). This community-based model integrates education, early detection, social monitoring, and rehabilitation functions within a single area grounded in local wisdom. This model is expected to strengthen preventive approaches while enhancing the effectiveness of bottom-up law enforcement.
Default by Land Buyers through Binding Sale and Purchase Agreement with Installments I Made Arjaya
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

Land constitutes a fundamental necessity for society, particularly in Indonesia. Transactions involving land sale and purchase through installment mechanisms are formalized through a Binding Sale and Purchase Agreement PPJB. The implementation of buying and selling land in installments through PPJB occurs with the process of parties coming to the Notary’s office to make PPJB and In PPJB land in installments will be mentioned on the payment deed in several stages and carried out on what date. In the event that sanctions for late payment will be regulated according to the agreement of the parties. This research examines default in such agreements and proposes a typology of total and partial breach to determine proportional legal consequences. Default may occur in different form. Partial breach allows renegotiation, while total breach justifies termination. It is recommended that PPJB agreements explicitly regulate types of breach and legal consequences. Default in PPJB must be analyzed proportionally. The typology proposed provides a more balanced legal framework.
Child Protection in Mixed Marriages Between Indonesia and The Netherlands: a Settlement Through the Hague Convention and National Administrative Regulations Ridha Kurniawan; Said Rizal; Edi Hartono; Alfurqan Muslim; Abd. Sazeli Aziz
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.v13i1.50400

Abstract

Child protection in mixed marriages between Indonesia and the Netherlands often faces obstacles due to fundamental differences in family law, civil registration, citizenship, and cross-border dispute resolution mechanisms. Administratively valid marriages in the Netherlands do not always receive similar recognition in Indonesia, leaving children's identities and legal status uncertain. The aim of this study is to comprehensively describe how the two countries regulate the status of children in mixed marriages and to assess any inconsistencies that pose risks to identity security and parenting. The method used is a normative-comparative analysis through a reading of the provisions of BW 1, Rijkswet op het Nederlanderschap, Wet Basisregistratie Personen, the 1980 and 1996 Hague Conventions, and Indonesian regulations such as the Marriage Law, the Population Administration Law, the Child Protection Law, and the Citizenship Law. The analysis shows that the Netherlands has a more integrated mechanism for child protection, supported by a national registration system and international instruments, while Indonesia still relies on religious legality and administrative procedures that often hinder identity registration. The analysis also shows that the asymmetry in the recognition of documents and decisions between countries is a major source of uncertainty regarding children's status. Recommendations include the need to ratify the Hague Convention, strengthen administrative cooperation between Indonesia and the Netherlands, simplify document legalization, and reform the Civil Registration and Civil Registration system to ensure more stable and equitable child protection in both countries.
Business Dispute Resolution through Alternative Dispute Resolution (ADR): A Civil Law Analysis of the Effectiveness of Non-Litigation Mechanisms Ani Purwati; Dora Kusumastuti; Geofani Milthree Saragih; Ade Sathya Sanathana Ishwara; A. Rachmat Wirawan
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 the resolution of business disputes through Alternative Dispute Resolution (ADR) mechanisms, analyzing their effectiveness from a civil law perspective. Amid the limitations of litigation in accommodating the practical needs of business actors, this research investigates several problems, namely the normative foundations of ADR within civil law-based business dispute resolution, the effectiveness of non-litigation mechanisms in resolving business disputes, and the challenges and limitations of ADR within civil law systems. A normative juridical method is employed, combining statutory and conceptual approaches to analyze civil law doctrines, ADR regulations, and relevant legal literature. The findings show that ADR is normatively grounded in the principles of party autonomy, freedom of contract, good faith, and legal certainty, positioning it as an integral component of civil law rather than a mere alternative to litigation. Non-litigation mechanisms prove effective in delivering time and cost efficiency, confidentiality, and the preservation of business relationships, although constrained by power imbalances, enforceability issues, and limited institutional capacity. This study concludes that strengthening ADR's normative framework and institutional integration is essential to enhance its effectiveness in civil law-based business dispute resolution.
The Urgency of Reformulating Corporate Criminal Liability in Tax Crimes in Indonesia Abdul Basir
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 the urgency of reformulating corporate criminal liability regulations in tax crimes, which have become increasingly complex and detrimental to state finances. Although corporations have been recognized as legal subjects in various regulations, the KUP Law has not explicitly regulated the criminal liability mechanism for corporations as perpetrators of tax crimes. As a result, criminal liability is more often imposed on corporate management, while legal entities, as the main beneficiaries, are not directly held accountable. This study uses a normative juridical approach by analyzing theoretical frameworks, comparative studies, and judicial practices, including the Asian Agri case and the West Jakarta District Court’s decision. The findings show that the absence of an explicit criminal liability formulation for corporations in the KUP Law leads to weak legal certainty and reduces the effectiveness of tax law enforcement against legal entities. Therefore, it is necessary to reformulate norms that expressly establish a criminal liability mechanism for Corporate Taxpayers in the KUP Law, harmonize with the 2023 Criminal Code, and optimize the implementation of PERMA No. 13 of 2016. This reformulation is essential to build a tax system that is fair, effective, and responsive to corporate tax crime modes.
Constitutional Law and the Dismissal of Indonesia’s President and Vice President: Accountability and Democratic Resilience Mohd. Yasin; Nurul Hidayah Tumadi; Mumtaz Mumtaz; Fathurrahman Fathurrahman; Robin Fernando 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

Abstract

This study explores the constitutional processes surrounding the dismissal of the President and Vice President in Indonesia, focusing on legal mechanisms, government accountability, and the impact on democratic resilience. Using a qualitative approach with a literature review and library research, this study examines relevant legal frameworks, political dynamics, and institutional roles in the impeachment process. The findings reveal that while Indonesia’s Constitution provides clear guidelines for presidential dismissal, ambiguities in the criteria for “grave violations” and the potential for political manipulation of the process pose significant challenges. Furthermore, the research highlights that while the impeachment process can reinforce government accountability, its politicization can undermine public trust and destabilize democratic institutions. The study concludes that strengthening the independence of key institutions, such as the Constitutional Court and the People’s Consultative Assembly, is crucial to preserving democratic integrity and ensuring the legitimacy of the impeachment process. This work contributes to the ongoing discourse on constitutional law and democratic governance in Indonesia and provides recommendations for future legal and institutional reforms.
Comparative Study of Construction Contract Dispute Resolution Mechanisms between Indonesia and Singapore Natasya Yunita Sugiastuti; Ani Purwati; Wardatul Fitri; Salwa Faeha Hanim; Selamat Lumban Gaol
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 and compares the legal foundations and practical mechanisms for resolving construction contract disputes in Indonesia and Singapore, an area where in-depth comparative research remains limited. The study aims to analyze similarities and differences in the legal frameworks, institutional arrangements, and procedural effectiveness of dispute resolution in both jurisdictions, and to explore how Singapore’s practices might inform reform in Indonesia. Using a qualitative socio-legal approach with a comparative research design, data were collected from statutory regulations, case law, and doctrinal literature, supplemented by semi-structured interviews with legal practitioners, arbitrators, and adjudicators in both countries. Findings show that Singapore’s framework, anchored by the Building and Construction Industry Security of Payment Act (SOPA) and the Singapore International Arbitration Centre (SIAC), delivers faster resolution timelines and greater predictability through specialized statutory adjudication, whereas Indonesia’s system, governed by Law Number 2 of 2017 on Construction Services and BANI arbitration rules, remains hampered by procedural delays and limited enforcement efficiency. Singapore’s statutory adjudication model therefore offers a viable reference point for reforming Indonesia’s construction dispute resolution regime, with potential to enhance legal certainty, efficiency, and investor confidence.
Legal Policy and Environmental Justice in Indonesia’s Forest Area Enforcement Eka Padmahantara Antonius; Sri Wahyu Handayani; Rahadi Wasi Bintoro
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

Forest governance remains a significant legal and environmental challenge in Indonesia due to the widespread occurrence of illegal logging, unauthorized oil palm plantations, and unlicensed mining activities within forest areas. These practices have caused environmental degradation, reduced state revenues, and generated conflicts involving indigenous peoples and local communities. In response, the Indonesian government enacted Presidential Regulation Number 5 of 2025 concerning Forest Area Enforcement as a legal instrument to restore state control over forest areas and strengthen forest governance. However, concerns remain regarding the extent to which the regulation reflects environmental justice principles. This research aims to analyze the legal policy underlying state re-control of forest areas through Presidential Regulation Number 5 of 2025 and to evaluate its conformity with the principles of environmental justice. The study employs normative legal research using statutory and conceptual approaches. The study concludes that while Presidential Regulation Number 5 of 2025 strengthens state authority over forest governance and contributes to legal certainty, its implementation requires further legal reform to ensure the fulfillment of distributive, procedural, and social justice principles. Integrating environmental justice into forest area enforcement is essential for achieving sustainable and equitable forest governance in Indonesia.
Administrative Discretion and Maladministration in Fixed Asset Management of Community Health Centers: A Comparative Study of Left-Behind and Non-Left-Behind Regions Vera Yuliyanti; Mastur Mastur; Mursito Mursito
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.v13i2.54192

Abstract

His study aims to analyze the practice of administrative discretion and its potential for maladministration in the management of fixed assets at Public Service Agency Regional Units (BLUD) Community Health Centers (Puskesmas), with a comparative focus on disadvantaged and non-disadvantaged areas in Bulungan Regency, Indonesia. The study addresses the legal and administrative challenges arising from the interaction between the financial flexibility granted to BLUDs and the mandatory compliance with regional asset management regulations. A qualitative approach with a comparative design and an empirical juridical perspective was employed to examine the implementation of the regulatory framework in actual administrative practice. Data were collected through semi-structured interviews, direct observation, and document analysis involving heads of Puskesmas, BLUD treasurers, asset officers, the Regional Financial and Asset Management Agency (BKAD), the District Health Office, and the Audit Board of Indonesia (BPK). Data were analyzed using qualitative techniques consisting of data reduction, data display, thematic categorization, comparative analysis, and conclusion drawing, supported by source and method triangulation. The findings indicate that administrative discretion is primarily exercised to ensure the continuity of healthcare services under geographical, infrastructural, and human resource constraints rather than to circumvent legal provisions. The risk of maladministration is predominantly associated with administrative limitations, including delayed inventory updates, inadequate asset documentation, and limited technical capacity, rather than abuse of authority. The study further reveals that the application of discretion differs between disadvantaged and non-disadvantaged areas due to contextual operational conditions. The novelty of this research lies in demonstrating that contextual administrative discretion, when exercised in good faith, properly documented, and supported by institutional supervision, constitutes an adaptive governance mechanism that promotes legal certainty, accountability, and continuity of public healthcare services without necessarily leading to maladministration.

Page 87 of 88 | Total Record : 872

 84   85   86   87   88 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 13, No 2 (2026): June 2026 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