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INDONESIA
Acta Law Journal
Published by TALENTA PUBLISHER
ISSN : -     EISSN : 29642264     DOI : https://doi.org/10.32734/alj.v1i1.9829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Acta Law Journal does not exclusively publish articles relating to Notarial Law, but also publish articles on other various fields of law, which include but not limited to Business Law, Company Law, Tax Law, Civil Law, Administrative Law, Customary Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
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Penerapan Otonomi Daerah Pada Sektor Pelayanan Dan Prinsip Good Governance (Studi Pada Pelayanan Terpadu Satu Pintu Di Kota Bekasi) Hermansyah; Ismail; Lina, Ramlani
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9825

Abstract

The Indonesian state is in the form of a unitary state, but in the regional government system it adheres to the principles of Federalism such as regional autonomy. Theoretically, regional autonomy is expected to encourage local democracy, bringing the state closer to the people. In addition, regional autonomy can create better public services. This study aims to find out how the implementation of regional autonomy arrangements in the one-stop integrated service sector in Bekasi City and knowing how public service efforts, especially licensing services in Bekasi City are related to the principles of good governance. The method used is a qualitative approach, which aims to describe situations, phenomena, or problems without having to change the meaning received in society or social groups receiving public services. The results of the study show that the application of regional autonomy regulations in the one-stop integrated service sector in Bekasi City, namely One-stop integrated services in the field of goods, services and administration run in accordance with the provisions in the Decree of the Mayor of Bekasi Number: 700/Kep.103-DPMPTSP/V/2017, concerning the Special Code of Ethics for Apparatus in the Investment Sector, and one-stop integrated services. Public service efforts, especially licensing services in Bekasi City, are related to the principles of Good Governance, namely Based on Government Regulation Number 5 of 2021 concerning Implementation of Risk-Based Business Licensing and Government Regulation Number 6 of 2021 concerning Implementation of Licensing.
Aspek Hukum Tanggung Jawab Pihak Perantara Kepada Konsumen dalam E-Commerce Stella, Stella; Ginting, Budiman; O.K. Saidin; T.K.D. Azwar
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9829

Abstract

The activities of citizens and governments are increasingly through electronic system around the worlds. Improvement of information technology through electronic commerce has been implemented in Indonesia. Internet users in Indonesia in 2022 have reached around 210 million people who are related to the using of e-commerce. However, intermediaries as business actors still have weaknesses in conveying uncertain marketing information to their consumers. The research method used the prescriptive normative. The data analyzed the presumed liability of intermediaries to consumers in marketing information through e-commerce. This study explains the existence of e-commerce intermediaries who provide prices higher than the market price, the existence of e-commerce intermediaries who do not send the right goods that to be chosen by consumers, and e-commerce intermediaries aren’t provided clear confirmation to the seller for payments made by consumer. Legal liability is the main obligation of e-commerce intermediary, so it showed the development of technology and communication for the community. The presumed liability of the intermediary e-commerce in the application media to consumers, increasingly requires the validity of electronic contracts as transactions in e-commerce are carried out properly and legally communication continues to run smoothly to the seller so that the delivery of goods also has no errors from the seller to the consumer. The application of the concept of presumed liability that occur from application media or electronic systems is increasingly needed in Indonesia. Indonesia can also produce technology and communication developments, that enhanced the development of the national economy in society.
The Effect Of Technological Disruption On The ASEAN Economic Community: An Regulatory Analysis Of Legal Education In Indonesia Tejomurti, Kukuh; Hermawan, Sapto
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9897

Abstract

The implementation of the provisions of the ASEAN Economic Community (MEA) and the influence of Artificial Intelligence (AI) in analyzing legal issues are essential points that must be considered by legal education in Indonesia. Soekarno thought that education is the main priority to be implemented because it is a determining factor for the development of humanity. There is no way to fix the downturn of the people other than to form an education rooted in humanity's values, principles, and goals. This article discusses the relevance of Soekarno's thoughts regarding the importance of education in facing the rapid development of society and how educators and the legal profession should respond to these developments. AI can not just have the idea to create the latest technological sophistication alone. However, it is necessary to consider its usefulness in the future regarding the concept of the AI system. Concerns arise when people may believe whether AI will reflect human values?
Relasi Hukum Dan Moral Dalam Sistem Penegakan Etika Penyelenggara Pemilihan Umum Di Indonesia Dewi, Sofi Rahma
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9898

Abstract

Legal positivism overshadows the legal system applied in Indonesia in the legal concept of "rechtsstaat", according to valid legal positivism is a formalized law, law is not a social or moral fact that must be avoided by non-legal elements. The doctrine of positivism was born as a rejection of the school of natural law, they rejected the laws of nature because they were considered too metaphysical and idealistic, thus failing to provide legal certainty. On the other hand, if positivism separates law from morality, the current of natural law argues that society, morality, and positive law are inseparable. Mainstream positivism is interesting to study together with the Indonesian socio-cultural context in a system that supports the ethics of election organizers. Using normative legal methods, this study examines how legal and moral relations support the ethical system of Indonesian election organizers. The results of this study concluded that in the ethical enforcement system of Indonesian election organizers, the relationship between law and morality in the context of legal substance shows an integrative relationship, and there cannot be attached a constitutional difference between morality and law. Even the value in Election Organizer Regulation Number 2 of 2017 and DKPP Regulation Number 3 of 2017, DKPP Regulation 3 is amended by DKPP Regulation Number 3 of 2019 as a formal law that is taken into account as a moral right. However, in its implementation in the field, the integrative relationship becomes an independent whole, giving rise to two different institutions, each independent in its handling, regarding ethical violations and lawlessness.
Klausula Eksonerasi Pada Perjanjian Pinjaman Online Nurhilmiyah; Hasim Purba
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.10014

Abstract

An exemption condition is a statement contained in an understanding, in which one party tries not to satisfy its commitment to pay full or restricted remuneration, which happens because of a wrecked commitment or an unlawful demonstration. This condition can be recorded in the standard settlement on web-based credits or data innovation based loaning and acquiring administrations. How is the act of remembering absolution provisions for online arrangements and how is the lawful examination of exemption conditions in web-based arrangements? The strategy utilized in this exploration is The Economic Analysis if Law (EAL) technique or financial examination of the law, by taking a gander at the effectiveness viewpoint in deciding a decision in human existence. All in all, the act of remembering an ex-sonation statement for online arrangements is found in most data innovation based loaning and getting administrations. This is in opposition to different regulations and guidelines, to be specific, the Common Code, customer security regulations, and monetary administrations authority guidelines. The legitimate examination of the absolution condition in the web-based arrangement utilizes a monetary examination of the law, in light of financial standards. With the goal that the standard understanding applied in web-based advances as long as it doesn't contain an absolution statement can be utilized in data innovation based loaning and getting administrations.
Analisis Yuridis Atas Kasus-Kasus Perbuatan Melawan Hukum Bidan Di Masyarakat T. Keizerina Devi Azwar; Chastry Meher; Marice Simarmata; Hilbertus Sumplisius M. Wau
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.10267

Abstract

This study aims to find out and analyze the responsibility of a midwife for unlawful acts that occur and are carried out in the midst of society. The profession of a midwife must provide health services including maternal health, child health, women's reproductive health and family planning based on responsible, accountable and competent services. However, in practice there are always individuals who commit violations and negligence that are against the law in society. The issues raised from this study are how to regulate unlawful acts by midwives and the extent of midwives' responsibility for PMH carried out in the community. The research method used is normative juridical research which is descriptive analytical using literature and case techniques supported by secondary data. Data analysis was carried out using qualitative research methods. The results of this study indicate that the regulation of unlawful acts by midwives can be found in Articles 1365, 1366, 1367 of the Civil Code, up to Article 58 of Law Number 36 of 2009 concerning Health. The midwife's responsibility for unlawful acts committed in the midst of the community is given as long as it is proven to have committed a violation and caused the patient to suffer losses due to negligence from the medical action given by the midwife, so that the midwife will be fully responsible such as imposing administrative sanctions starting from written warning sanctions to revoking the license to practice . Furthermore, the imposition of civil sanctions, namely giving compensation to patients, to imposing criminal sanctions due to negligence which resulted in the patient being seriously injured causing death. This study concludes that the imposition of sanctions and reprimands on midwives is given on the basis of the magnitude of the errors and omissions they have made so that the consequences will be midwifery administrative responsibility, civil liability based on unlawful acts, and criminal liability if proven to have committed gross negligence which resulted in the patient being seriously injured up to death. From this study it can be seen that a midwife must and should prioritize a midwife's professional attitude such as the public's expectations of a midwife's profile, for this reason the community expects and wants a midwife to continue to prioritize a friendly, skilled and responsive attitude in their field according to their expertise and competence.
Hypothetical Scenario between Sirius Corporation vs Magma Logistics based on Singapore and Japan Perspective Mahmuddin; Hilbertus Sumplisius M. Wau
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.11497

Abstract

Merger and Acquisition (M&A) is still one of key point in international business law. More and more Asian companies doing the transaction to thrive their business. In essence, M&A is a way of transfer of ownership and control in a business or more corporations. Sirius Corporation and Magma Logistic are two main parties in these issues. We will be conducting research and collect information regarding the hypothetical scenario and conclude the findings. There are several important things need to be highlighted such us jurisdiction, legal rights, and corporation strategies in the event of the transactions. Not only that, but timeline for this transaction also play a pivotal point when the M&A deal occur. A series of details event also included in the timeline in order to gain a deep understanding how the companies interact before the M&A occurs. We also compare how Singapore and Japan law and regulation difference with each other in term of M&A deals for Sirius Corporation and Magma Logistic. I believe these two jurisdictions are the most used for companies in Asian. The main reason because they have strict implementation and practical for business to use not like many others Asian countries.
Kedudukan Akta Notaris Dalam Terjadinya Peralihan Atas Kekayaan Intelektual Ni Putu Ayu Bunga Sasmita; I Nyoman Suyatna
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.11997

Abstract

This study examines the legal position of a notary deed in the transfer of intellectual property and the role of a notary in making a deed of agreement regarding the transfer of intellectual property. This article used normative legal research with statutory and conceptual approaches. The legal materials used are primary and secondary legal materials. Techniques for collecting legal materials using legal literature studies. The legal material analysis technique used in this research is to use descriptive and argumentative techniques. The results of the research show that the position of a notarial deed in various laws and regulations in the field of Intellectual Property states that in the transfer of Plant Variety and Patent Protection is required to be made before a notary. The role of a notary is very important in the process of transferring intellectual property, who has the authority to make an authentic deed as written proof of the transfer of intellectual property rights and has the authority to provide legal counseling to provide a correct understanding of laws and regulations in the field of intellectual property.
Pelanggaran Hak Cipta Buku yang Diperjualbelikan Melalui E-Commerce di Kota Medan M. Citra Ramadhan; Yadi, Pitra; Yanni Dewi Siregar, Fitri; Lubis, Muhammad Koginta
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.12047

Abstract

This study aims to obtain a comprehensive overview of the legal provisions related to the legal regulation of book copyright, forms of copyright infringement of books traded through e-commerce in Medan City, and the causes of copyright infringement of books traded through e-commerce. In line with the purpose of this study, the research method used is normative legal research, in order to get a full picture not only of the positive law that regulates it (law in a book), but also the consequences of its enforcement in society (law in action). The results of this study indicate that books are copyrighted works protected by Law Number 28 of 2014 concerning Copyright, so that the creator gets legal protection from all forms of infringement, both with respect to moral rights and economic rights. Forms of copyright infringement in the form of infringement of economic rights, where books traded through e-commerce in Medan is a book of the results of the copy without the right or permission of the creator or copyright holder; Copyright infringement of books traded through e-commerce can occur because of the weak copyright law system both in terms of substance, structure and culture of society itself.
Tinjauan Yuridis Ditolaknya Pernyataan Pailit Atas Dasar Perlakuan Yang Sama Pada Anak Perusahaan BUMN Siallagan, Agnes Angelina; Robert; Mahmul Siregar
Acta Law Journal Vol. 1 No. 2 (2023): June 2023
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i2.12604

Abstract

BUMN in carrying out restructuring carry out the principle of holding companies in maximizing capital. The legal relationship established in the application of the holding company principle between the parent company and its subsidiaries is caused by the takeover of shares by the parent company. BUMN subsidiaries are treated the same as BUMN by fulfilling several conditions as specified in Article 2A paragraph (7) of PP RI Number 72 of 2016. This research is focused on analyzing and analyzing problems related to the legal status of BUMN subsidiaries according to Indonesian law, legal provisions regarding the legal relationship of BUMN holding companies to BUMN subsidiaries filed for bankruptcy, and analysis of the rejection of bankruptcy applications based on equal treatment of BUMN subsidiaries in Decision Number 35/Pdt.Sus-Pailit/2021/PN. Niaga.Jkt.Pst. The research method used is a normative research method that is descriptive. Data sources were obtained through primary, secondary, and tertiary legal materials. The data collection technique used is a literature study. This normative research is based on qualitative analysis of secondary data in the form of laws and regulations and library materials. To prevent various interpretations regarding the limitation of bankruptcy application authority for BUMN subsidiaries engaged in the public interest sector, it is necessary to have clear arrangements. Currently, the Bankruptcy Law has not explicitly regulated the authority to apply for bankruptcy, especially for state-owned companies that adopt a holding system, so it is necessary to make changes or additions to the regulations. In Decision Number 35/Pdt.Sus-Bankruptcy/2021/PN.Niaga.Jkt.Pst the judge did not consider the aspect of share ownership of the bankruptcy respondent and its source of capital that must be owned entirely by the state against BUMN subsidiaries that are treated the same as BUMN engaged in the public interest when referring to Article 2 paragraph (5) of UU KPKPU.

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