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Bayu Indra Permana
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Acten Journal Law Review
Published by PT. Matra Cendikia Abadi
ISSN : 30640164     EISSN : 30640164     DOI : https://doi.org/10.71087/ajlr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ACTEN JOURNAL LAW REVIEW is an academic journal jointly organized and operated by PT. Matra Cendikia Abadi, domicile in Jember, East Java. This objective of this journal comes from the current context of issues within the framework of notary law that need to be discussed from various kinds of approaches. Thus, the scope of this journal in consist of: Contract Law, Notary Law, Land Law, Civil Law, Business Law, Technology and Cyber Law, Tax Law, Inheritance Law, Islamic Banking Law. Emphasizing a combination of theoretical insights with practical applications, The Journal facilitate robust discussions on legal theory, policy implications, and comparative legal studies. However, it also accommodate several articles in general topic in each issue. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 2 No. 1: Apr 2025" : 8 Documents clear
Front Cover AJLR 2, No. 1, (2025) Rahayu, Siti Ayu
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

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Abstract

Akibat Hukum Bagi Nasabah Terhadap Pelaksanaan Merger Badan Usaha Perbankan di Indonesia Widyantoro, Agus; Putri, Dita Elvia Kusuma
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.24

Abstract

Limited Liability Companies as legal entities can operate in the banking sector. In its development, many companies have merged in the banking industry to increase activity and respond to economic conditions. However, banking mergers may not always be successful in their implementation, potentially harming customers. First, this article's problem formulation is procedures and regulations regarding limited liability company mergers in the banking business sector. And secondly, legal protection for customers after implementing a company merger in Indonesia. The research method in this article is legal research, with a statutory and regulatory approach and a conceptual approach. As for the results of this article, procedures and regulations regarding limited liability company mergers in the banking business sector are regulated in the Perseroan Terbatas Law, PP 28/1999, and OJK Regulation Number 6/POJK.07/2022. Legal protection for customers after a banking company merger in Indonesia is regulated in the provisions of PP 28/1999, OJK Regulation Number 41/POJK.03/2019, and OJK Regulation Number 6/POJK.07/2022. These provisions contain the legal ratio that bank merger efforts must consider customers' interests and not cause customer losses. Customers are also given alternative options for making objections or taking legal action if they feel disadvantaged and object to the company merger. Thus, what causes customer losses is actually at the implementation level, namely the legal structure (company organs and bank employees) that does not implement the provisions as regulated and the legal culture of society that does not understand the consequences of banking company mergers.
Implementasi Good Corporate Governance Dalam Mencegah Tindak Pidana Korupsi Pada Badan Usaha Milik Negara Sutanto, Nadia Nathania; Christie, Amanda; Elviyana, Julia; Simanjuntak, Calvin Paulus; Baharina, Ade Michele Siti Aisyah
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.25

Abstract

The implementation of Good Corporate Governance (GCG) in companies plays a crucial role in preventing corruption through principles of transparent, accountable, and responsible governance. This study aims to analyze the effectiveness of GCG implementation as a measure to mitigate corruption and to identify obstacles faced in its application in Indonesia, particularly in State-Owned Enterprises (SOEs). The research method used is normative juridical, with an approach that analyzes regulations related to GCG. The source of data in this research is secondary data, which is obtained through literature studies, including books, journals, official reports, and related regulations such as Law No. 31/1999 on the Eradication of Corruption and regulations on good corporate governance. The results show that although GCG implementation in SOEs has been regulated by various policies, its application is still hindered by weak law enforcement, a lack of transparency culture, and political influence in SOE management. As a result, GCG implementation has not been optimal in preventing corruption. Therefore, strengthening regulations and strict law enforcement are needed, along with organizational cultural changes to integrate GCG principles into company operations.
Perkembangan Dan Karakteristik Bukti Petunjuk: Dalam Rangka Menyongsong Rancangan Kitab Undang-Undang Hukum Acara Pidana Nugroho, Fiska Maulidian; Ghufron, Nurul
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.26

Abstract

he Indonesian Criminal Procedure Code (KUHAP) has established five types of evidence. However, of the five types, there is clue evidence as a type of evidence that belongs to the second degree and is indirect evidence, namely evidence that does not stand alone or indirect evidence that explains a fact in a criminal event. This clue evidence is only owned by the judge and the application of this evidence is authoritative under the subjectivity of a wise judge. The application of clue evidence is guided by Article 188 of the Criminal Procedure Code and if analysed through the characteristics of evidence, there is a problem, namely how clue evidence can be declared as clue evidence when viewed from the characteristics of criminal law evidence. Furthermore, how the Draft Criminal Procedure Code in the future on the validity of evidence of clues that are not reformulated, and replaced with evidence of the judge's own observations. The results of this study found that towards the characteristics of criminal evidentiary law on clue evidence, the evidence should be acceptable, relevant, and legally obtained. However, some incidents of the application of clue evidence show an impression that deviates from the principle of lex certa, namely the principle of clarity, especially in the application by judges. Therefore, there is a need for an evaluative activity towards clue evidence so that it does not become a norm in the Draft Criminal Procedure Code and is more appropriately replaced with evidence of judge's observation. The term judge observation is more appropriate, because this evidence is based on the idea of balance and the purpose of the law of evidence. Throughout this research, this study uses a doctrinal legal research method through a statutory approach and conceptual approach, as well as using a study of the jurisprudence of the Dutch Court and Court Decisions in Indonesia, as well as the doctrines of legal experts. Keywords : Evidence, Clues, Judge's Perception.
Prinsip Kehati-hatian Notaris Dalam Pembuatan Perjanjian Nominee Bagi Warga Negara Asing Sebagai Dasar Peralihan Hak Atas Tanah Azzahra, Syifa
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.30

Abstract

Nominee agreements are one of the types of innominate agreements, namely agreements that are not recognized by the Civil Code but grow and develop in society. This practice has become a fairly common phenomenon, especially in regional areas. a popular tourist area, where many foreigners are interested in owning property but are prevented by applicable legal provisions. Agrarian law strictly prohibits foreigners from owning land with freehold rights. This not only has the potential to harm the country financially, but also creates legal uncertainty that can hamper the long-term investment climate. From a public policy perspective, the existence of name loan agreements reflects a gap between market needs and the existing legal framework. A comprehensive study is needed to formulate policies that can accommodate global economic dynamics without compromising the fundamental principles of national agrarian law. The research method used is normative juridical, the type of approach used is a conceptual approach and a legislative approach, the data analysis method used is a literature study using qualitative analysis. The results of this study are that the position of the nominee agreement also has the potential to cause legal uncertainty and social conflict, especially if there are dual claims to land ownership, in practice, the court tends to reject the Nominee agreement because it violates the principle of nationality which is the main basis of the Basic Agrarian Law. The principle of caution has an important role for Notaries in carrying out their duties and authorities, so that Notaries must play a role in providing legal counseling to the parties regarding the contents that will be stated in the form of a Deed so that in the implementation of the principle of accuracy or caution must be carried out in the process of making a deed.
Green Taxonomy as a Basic Concept of Sustainable Finance Through Green Bond Issuance Prakoso, Bhim; Hariyani, Iswi; Wahjuni, Edi; Ali, Moh.; Wardhana, Rhama Wisnu
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.31

Abstract

The increasing awareness of global issues in the sustainable development goals (SDGs) agenda initiated by the UN, has given rise to green investment in the economic sector, especially in the financial aspect. Referring to capital activities aimed at projects that address global issues. In recent years, green investment practices have begun to increase both in terms of the number of debt securities from individuals and countries participating in supporting the realization of SDGs 2030. In the Indonesian Capital Market there is a new financial instrument called green bonds. Green Bonds are regulated through the Financial Services Authority Regulation (POJK) Number 60 of 2017, as is the authority held by OJK regarding the regulation of the financial services sector in Indonesia. This article will discuss the legal status of green bonds in Indonesia and whether green bonds can be one of the financing schemes in Indonesia. However, interest in green bonds is still quite low considering the obstacles that result in investment risks. The research method with a normative juridical type, using literature and descriptive studies in solving problems, this research is expected to not only answer the risks but also the utility of green bonds in realizing economic and environmentally sustainable development goals.
Back Cover AJLR 2, No. 1, (2025) Rahayu, Siti Ayu
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

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Abstract

Validitas Digital Signature Dalam Smart Contract Terhadap Jual Beli Produk Hasil Pertanian Digital Kusuma, Ajeng Pramesthy Hardiani; Jasmine, Maysha Aulia
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.36

Abstract

Developments in information technology have changed the way transactions are conducted in agribusiness, one of which is the implementation of smart contracts and digital signatures for the sale and purchase of digital agricultural products. This study aims to examine the validity and legal standing of Smart Contracts and Digital Signatures according to contract law in Indonesia. This study uses a normative method, with a conceptual approach and legal regulations. In this study, something has been found that can show Digital signatures in smart contracts have a valid legal status provided that they meet the provisions stipulated in applicable regulations. In particular, the rules in the ITE Law and PP 71/2019, which provide a strong legal basis for the recognition of digital signatures as a means of authentication in electronic contracts. The implications of digital agricultural product trading practices, by utilizing this technology, have the potential to accelerate transactions, increase efficiency, and provide legal certainty, especially the rights and obligations of the parties concerned. However, support is needed in the form of more detailed technical regulations, education on law and digital for agricultural business actors, and equitable infrastructure development to ensure that the digital transformation in agribusiness is legally valid and fair in its implementation.

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