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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 33 Documents
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Front Cover AJLR 1, No. 2, (2024) Rahayu, Siti Ayu
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi

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Back Cover AJLR 1, No. 2, (2024) Rahayu, Siti Ayu
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi

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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.
Penerapan Artificial Intellegence (AI) Dalam Perkembangan Cyber Notary di Era Transformasi Digital Setyawan, Angelina Regita Kerin; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025 (on process)
Publisher : PT Matra Cendikia Abadi

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A notary is a public official who, in carrying out their duties, refers to the Notary Position Law, which stipulates that the creation of deeds must be done face to face with clients. However, in the provisions of the Notary Law itself, Article 15 Paragraph (1) letter m provides that cyber notaries can be implemented. This research aims to assess the application of artificial intelligence (AI) in the development of cyber notaries in the era of digital transformation and to examine to what extent AI will support or replace the role of notaries as public officials. This study uses normative legal research with a legislative and conceptual approach through literature studies that are analyzed descriptively. The results of this study indicate the position of AI in the Notary Position is only as a supporting tool, not as a substitute for the notary position, because AI cannot legally replace the role of a notary, regarding the position of AI there are also no clear norms in the laws and regulations. So the position of AI in cyber notary is only as a supporting tool for Notaries which provides many conveniences for notaries in carrying out their duties. The application of AI as part of cyber notary by optimizing AI performance so that notaries can work more effectively and efficiently. With the existence of legal provisions that are in line with the application of AI in cyber notary, it will certainly make it easier for notaries to carry out their duties, in addition to the guarantee of electronic storage of notary protocols, there also needs to be legal provisions with the guarantee of client data security.
Upaya Penegakan Hukum Terhadap Anak Pelaku Tindak Pidana Penyalahgunaan Narkotika Hidayat, Sa'ban Alfin; Wahyudi, Setya; Budiyono
Acten Journal Law Review Vol. 2 No. 2: Aug 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.29

Abstract

Children as a vulnerable group are increasingly involved as perpetrators or victims in the distribution and abuse of narcotics. This situation demands a legal response that is not only repressive, but also solution-oriented and just. This article aims to analyze law enforcement against children who are perpetrators of narcotics abuse, with a normative legal approach. The main focus of this study is to assess the suitability between the law enforcement process against children and the objectives of punishment as regulated in the national legal system. This study examines a number of regulations, including Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and Law Number 35 of 2014 concerning Child Protection. The method used in this study is conducted with normative legal research. The approach method used in compiling this writing is normative legal research and also uses a deductive thinking method. The results of the study show that, although the regulation has placed rehabilitation and restorative justice as the main approach, implementation in the field still faces obstacles such as limited facilities, human resources, and minimal coordination between institutions. Factors that influence children to become perpetrators of drug abuse are legal substance, legal structure, facilities, legal culture and society. The most influential factor is the child's own internal. Law enforcement against perpetrators of drug abuse crimes committed by children has been effective. The role of parents to educate children properly so that they are not easily influenced to do things that violate the law.
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.
Kepastian Hukum Penggunaan Artificial Intelegence Terhadap Penyimpanan Protokol Notaris Himami, Desyana; Sari, Nuzulia Kumala; Ali, Moh.
Acten Journal Law Review Vol. 2 No. 2: Aug 2025 (on process)
Publisher : PT Matra Cendikia Abadi

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Abstract

Legal uncertainty related to the use of artificial intelligence (AI) in storing notary protocols, which is part of the implementation of the cyber notary concept in Indonesia. The background of this research is the era of the Industrial Revolution 4.0 and Society 5.0, which demands high efficiency, security, and accessibility in storing notary documents, especially to reduce the risk of damage to physical documents due to natural disasters and other factors. Although the use of AI in storing notary protocols promises better efficiency and security, there is no legal certainty that supports this application, due to the overlap and inconsistency between the Notary Law and the Information and Electronic Transactions Law. This study uses a normative legal methodology with a statutory and conceptual approach to analyze related legal regulations and explore issues that arise due to the legal vacuum in the use of AI by notaries. The results of the study show notaries have an obligation to make minutes of deeds and archive them as a form of action from the notary protocol. The obligation to store these minutes of deeds aims to maintain the authenticity of the deed. Storage of notary protocols until now still uses printed media stored in a separate archive room at the Notary's office, this certainly poses a high risk to the safety of the notary protocol if there is force majeure at the Notary's Office. Storage of Notary protocols using AI does not guarantee legal certainty, because there are no comprehensive and explicit regulations regarding the use of AI in Storing Notary protocols. However, this is a challenge whose implementation requires more specific implementing regulations so that notaries have clear guidelines in carrying out the document digitization process safely and legally.

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