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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 39 Documents
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Interim Election as a Transitional Electoral Design in Indonesia Devi Yulida; Rini Anggreini
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23554

Abstract

The General Election serves as the primary means for citizens to carry out their sovereignty within Indonesias democratic framework. The Constitutional Court Decision Number 135/PUU-XXII/2024 introduced a major transformation by separating the National Election from the Regional Election, which had previously been conducted simultaneously. This separation aims to improve the quality of democracy and enhance electoral efficiency but simultaneously presents new challenges, notably the potential vacancy of Regional Representatives (DPRD) and regional heads during the 2029–2031 transition period due to differing electoral cycles. This study employs a normative juridical method with legislative and conceptual approaches to analyze the legal implications of the Court’s decision and to propose a constitutional solution through the concept of an Interim Election. The findings indicate that the Interim Election offers a legitimate and democratic mechanism to preserve the authority of representative institutions without extending their terms unconstitutionally. It applies only to DPRD members at the provincial and local levels, while regional head vacancies may be filled by acting officials in accordance with existing regulations. Therefore, the Interim Election provides a constitutional pathway to maintain governmental continuity, uphold the principle of periodic power limitation, and reinforce popular sovereignty in the aftermath of Constitutional Court Decision Number 135/PUU-XXII/2024.
Overlapping Authority In Judicial Oversight Komisi Yudisial V. Badan Pengawas Mahkamah Agung Kenny Jesica
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23841

Abstract

Judicial oversight is a crucial element in maintaining the integrity and accountability of the judiciary in a state based on the rule of law. In Indonesia, this oversight function is carried out by two institutions namely Komisi Yudisial and Badan Pengawas Mahkamah Agung. However, their authority often overlaps, which not only gives rise to jurisdictional conflicts but also leads to institutional inefficiency and legal uncertainty. This study aims to analyze the authority of each institution based on laws and institutional practices, and to evaluate its impact on the effectiveness of the judicial oversight system. Using a normative and descriptive-analytical approach, this study finds that the unclear division of authority between Komisi Yudisial and Badan Pengawas Mahkamah Agung has hampered the oversight function, created waste of resources, and weakened public trust in the judiciary. This study recommends the need for inter-institutional harmonization of regulations or even restructuring of the judicial oversight institution to create a more efficient, integrated system that ensures legal certainty without sacrificing judicial independence.
Inviolability Under Fire: The 2024 Israeli Attack On Iranian Consular Premises And Syria’s State Responsibility Under Diplomatic Law Galio Parly Keliat Galio; Sutiarnoto; Fajar Khaify Rizky
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23613

Abstract

The attack on Iran’s consular premises in Damascus underscores significant legal challenges concerning the special duty of the receiving State to protect foreign representations. In international law, the protection of diplomatic and consular missions is a fundamental obligation of the receiving State, as regulated under the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. This research aims to analyze the obligations of Syria, as the receiving State, in protecting the consular premises of Iran in Damascus from third-party attacks based on diplomatic law. This research employs a normative legal research method with a descriptive approach, utilizing an analysis of international legal instruments, legal doctrines, and relevant State practices. The results indicate that Syria, as the receiving State, failed to fulfill its obligation to take all appropriate steps to protect the inviolability of the consular premises and the safety of consular officers. Such failure constitutes a breach of the protective obligations stipulated in Article 22 paragraph (2) of the 1961 Vienna Convention and Article 31 paragraph (3) of the 1963 Vienna Convention, specifically regarding the receiving State's duty to prevent any form of attack, damage, or disturbance of the peace of the consular mission. This research provides an academic contribution by strengthening the understanding of the nature of the receiving State's obligations in the context of consular protection as an obligation of conduct, as well as a practical contribution in affirming the standards of State responsibility within the context of modern armed conflict under diplomatic law.
Geographical Isolation in the Protection of Human Rights for Remote Indigenous Communities (KAT) in Indonesia: Challenges in the Implementation of International Human Rights Law Juvito Solange Damanik; Sutiarnoto; Vita Cita Tarigan
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23532

Abstract

Indonesia’s extensive forests and mountainous terrain result in significant geographical isolation for parts of its population, particularly Remote Indigenous Communities (Komunitas Adat Terpencil/KAT). This study examines the relationship between geographical isolation and the implementation of international human rights law in protecting the rights of KAT in Indonesia, as well as the normative and practical obstacles faced by the Indonesian government. Employing a normative and descriptive legal research method based on secondary data, this research analyzes international human rights instruments, particularly the UDHR, ICCPR, ICESCR, and ICERD, alongside Indonesian legal frameworks. The study finds that geographical isolation substantially hinders the practical realization of human rights for KAT, including the rights to an adequate standard of living, social security, and political participation. Limited accessibility restricts public services, economic development, legal oversight, and democratic processes in remote areas. Normatively, inconsistencies arise from differing national and international conceptions of indigenous peoples, where Indonesian law emphasizes socio-economic vulnerability and empowerment, while international law frames indigenous peoples as vulnerable rights-holders entitled to self-determination. The research concludes that greater harmonization between national law and international human rights standards, combined with policies addressing geographical isolation through environmental protection and equitable economic development, is essential for effective protection of KAT in Indonesia.
Cyber Notary as a Legal Infrastructure within the Digital Corporate Legal System Based on Ius Integrum Nusantara Ikhsan Lubis; Hermawati Parinduri; Duma Indah Sari Lubis; Andi Hakim Lubis
Acta Law Journal Vol. 4 No. 2 (2026): June 2026
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i2.25505

Abstract

The rapid transformation of corporate legal activities into digital ecosystems has created new challenges for Indonesian corporate law, particularly concerning the authenticity of electronic documents, legal certainty of digital corporate actions, accountability of electronic transactions, and protection of parties involved in corporate decision-making. Although Indonesian law has recognized electronic transactions, electronic signatures, and certain forms of digital corporate governance, the position of cyber notary remains normatively limited and has not yet been reconstructed as a comprehensive legal infrastructure for digital corporations. This article aims to analyze the position and function of cyber notary in Indonesia’s digital corporate legal system and to reconstruct its role through the Ius Integrum Nusantara approach. This study uses normative legal research with statutory, conceptual, and analytical approaches by examining notarial law, corporate law, electronic transaction law, personal data protection law, and relevant academic literature. The article finds that cyber notary should not be understood merely as a technological extension of notarial services, but as a legal infrastructure that integrates digital identity verification, electronic signatures, electronic deeds, data security, evidentiary certainty, and professional accountability. Through the Ius Integrum Nusantara approach, cyber notary can be reconstructed as an integrative legal mechanism that balances technological efficiency with substantive justice, protection of rights, professional ethics, and social legitimacy. The article concludes that Indonesia needs comprehensive regulatory reform to recognize electronic notarial mechanisms, digital protocols, secure deed storage, and institutional supervision in order to build a digital corporate legal system that is legally certain, accountable, inclusive, and socially trusted.
From Status-Based to Offense-Based Jurisdiction: Reformulating Military Court Competence over Assault and Other Ordinary Crimes against Civilians in Indonesia Fadil Albani
Acta Law Journal Vol. 4 No. 2 (2026): June 2026
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i2.25612

Abstract

This article examines the jurisdiction of Indonesian military courts over ordinary crimes committed by soldiers against civilians. The legal problem is not the absence of a formal rule, because Article 74 of Law Number 34 of 2004 keeps Law Number 31 of 1997 applicable until a new Military Courts Law is enacted. The problem lies in the prolonged transitional regime that has preserved a status-based jurisdictional model despite the reform-oriented direction of Article 65 paragraph (2) of the Armed Forces Law. Using normative juridical research with statutory and conceptual approaches, this article analyzes whether ordinary crimes such as assault or collective violence against civilians should remain within military court competence. The article argues that jurisdiction should not be determined solely by the perpetrator's military status, but by the nature of the offense, the legal interest harmed, the victim's status, and the connection between the offense and military duty. The main contribution of this article is an offense-based and interest-based model of jurisdiction. Under this model, military courts remain competent over pure military offenses and service-related crimes, while ordinary crimes committed by soldiers against civilians should be adjudicated by general courts. Such reform is necessary to strengthen legal certainty, equality before the law, due process, civilian supremacy, and public accountability.
Legal Protection Against Ecolabeling Misuse For Sustainable Development Goals: Indonesia–United States Comparison Shuandy Shuandy; Dedi Harianto Dedi Harianto; Robert
Acta Law Journal Vol. 4 No. 2 (2026): June 2026
Publisher : Talenta Publisher, Universitas Sumatera Utara

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Abstract

Greenwashing is a practice that emerges alongside with the development of public environmental awareness and constitutes abuse of eco-labeling through green marketing  activities to gain profit while claiming to contribute to the achievement of the SDGs. But in reality it mislead consumers and pollute the environment thereby hindering its achievement. This study aims to examine the legal regulations of the misuse of ecolabeling in Indonesia in the context of achieving the SDGs; the legal liability of business actors toward consumers arising from the misuse of ecolabeling; and the comparative legal protection available to consumers in Indonesia and the United States against the misuse of ecolabeling. This research employs a normative juridical research method, focusing on legal norms carried out by means of literature studies to obtain secondary data consisting of primary, secondary, and tertiary legal materials, this research has a descriptive nature and uses statutory and conceptual approach. The Data were collected through document and literature studies. While qualitative analysis with deductive methods used in drawing conclusions. The findings reveal that the misuse of ecolabeling through greenwashing constitutes an unlawful act that harms consumers and the environment, thereby a clearer legal and effective enforcement is required. In Indonesia, business actors may be held liable through compensation claims brought by consumers, Consumer Protection NGOs (LPKSM), or qualified environmental organizations. A comparative analysis based on Lawrence M. Friedman's legal system theory demonstrates that the United States provides a more comprehensive legal framework through the Federal Trade Commission's Green Guides and the Federal Trade Commission's enforcement authority against deceptive environmental marketing claims. These findings may serve as a reference for strengthening Indonesia's legal framework to enhance consumer protection and support the achievement of the SDGs.
The Role Of The Prosecutor's Office In Combatting Drug Crimes In North Sumatra Hany Adhira Hadiyanti; Dianto Gunawan Tamba
Acta Law Journal Vol. 4 No. 2 (2026): June 2026
Publisher : Talenta Publisher, Universitas Sumatera Utara

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Abstract

Narcotics abuse and illicit trafficking remain serious problems in Indonesia, including in North Sumatra, because they threaten public order, social stability, and the future of younger generations. The complexity of narcotics crimes is not only reflected in the involvement of users or addicts, but also in the role of intermediaries, couriers, and dealers who maintain the circulation chain of narcotics. In this context, the Prosecutor's Office has a strategic position as a law enforcement institution responsible for pre-prosecution, prosecution, execution of court decisions, and preventive legal education. This article aims to analyze the role of prosecutors in tackling narcotics abuse in the jurisdiction of North Sumatra, examine prosecutorial actions against narcotics dealers, and identify the obstacles and efforts of the Prosecutor's Office in enforcing narcotics criminal law. This research uses an empirical juridical method with statutory and sociological approaches. The data are obtained from legal materials, journal articles, statutory regulations, and relevant field-based legal studies, then analyzed qualitatively. The results show that prosecutors play an important role in assessing case files, formulating indictments, proving criminal elements in court, determining proportional charges, and encouraging rehabilitation for eligible narcotics abusers. However, law enforcement faces several obstacles, including difficulty in distinguishing users from dealers, limited evidence, disconnected narcotics networks, lack of witnesses, inadequate facilities, and weak public participation. Therefore, the Prosecutor's Office must strengthen pre-prosecution, improve coordination with the Police and the National Narcotics Agency, enhance prosecutorial capacity, expand legal counseling, and balance strict punishment for dealers with rehabilitative measures for qualified abusers.
Regulatory Harmonization and Agricultural Trade Barriers under IA-CEPA Siti Khairunnissa; Ramalinggam Rajamanickman
Acta Law Journal Vol. 4 No. 2 (2026): June 2026
Publisher : Talenta Publisher, Universitas Sumatera Utara

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Abstract

The Indonesia–Australia Comprehensive Economic Partnership Agreement (IA-CEPA) establishes a comprehensive legal framework intended to promote bilateral trade liberalization and regulatory cooperation between Indonesia and Australia in the agricultural sector. Despite significant tariff reduction commitments, agricultural trade between Indonesia and Australia continues to encounter substantial barriers arising from differences in domestic legal system including sanitary and phytosanitary (SPS) measures, technical standards, import licensing systems, and biosecurity regulations. While previous studies have predominantly examined IA-CEPA from economic and trade perspectives, limited attention has been addressed to the normative legal harmonization between the domestic legal frameworks of both countries in implementing the Agreement. This study examines the regulation of agricultural tariff barriers under IA-CEPA from the perspective of international trade law principles and analyzes the harmonization of Indonesian and Australian national laws in implementing agricultural trade policies under the agreement. This study addresses that gap by providing a normative legal analysis of the consistency between IA-CEPA obligations and the agricultural trade regulations of Indonesia and Australia. This research employs a normative juridical method using statutory, treaty, conceptual, and comparative approaches through the examination of IA-CEPA provisions, WTO Agreements, Indonesian agricultural trade legislation, and Australian biosecurity laws. The findings reveal that IA-CEPA incorporates the fundamental principles of international trade law, including transparency, non-discrimination, proportionality, regulatory coherence, and market access. However, the implementation of these principles remains constrained by conflicting domestic regulatory priorities. Indonesia maintains protective agricultural policies aimed at preserving food sovereignty, farmer protection, and domestic market stability, whereas Australia emphasizes strict biosecurity governance and SPS compliance requirements to protect public health and environmental security. Consequently, domestic regulatory measures rather than tariff commitments continue to constitute the principal barriers to bilateral agricultural trade. The study further demonstrates that legal harmonization under IA-CEPA remains only partially achieved due to regulatory inconsistencies, overlapping administrative requirements, and differing regulatory philosophies. The novelty of this research lies in its normative assessment of regulatory harmonization between international treaty obligations and domestic agricultural trade laws, offering a legal framework for evaluating the effectiveness of bilateral trade agreements in balancing trade liberalization with state regulatory autonomy. The study contributes to international trade law scholarship by proposing a normative framework for assessing regulatory harmonization between bilateral trade agreements and domestic agricultural regulations.

Page 4 of 4 | Total Record : 39

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