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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 40 Documents
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Rekontruksi Asas Tabellionis Officium Fideliter Exercebo Dalam Perspektif Cyber Notary: Studi Perbandingan Indonesia dan Amerika Serikat Aulia, Farah Nizrina; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.33

Abstract

Cyber ​​notary as part of the development of digital technology has become a new innovation in notary services. However, in the midst of the presence of cyber notary, it raises new challenges, especially in the aspect of the classical principles of notary, especially the principle of Tabellionis Officium Fideliter Exercebo which is oriented towards the notary's devotion to the duties that have been carried out so far. This article is oriented to examine the concept of cyber notary and the principle of Tabellionis Officium Fideliter Exercebo in terms of challenges and implementation. In addition, this article contains a comparative study of other countries using the United States as a reference for comparison as well as a representative of the use of cyber notary. This research is a legal research that uses a statutory approach and a comparative approach to describe ideas for the renewal of notary law in the aspect of cyber notary in Indonesia. The result of this research show The concept of cyber notary has shifted the paradigm of conventional notaries based on physical to digital systems. However, in its implementation, it does face quite big challenges. A comparative study with the United States through the RON system shows that this country has succeeded in adjusting notary integrity with job accountability through legal means and infrastructure, as well as forming national standards that represent technological progress without sacrificing ethical aspects. Therefore, there needs to be a rigid regulation in the Notary Law that represents progressive positive law in responding to the challenges of the development of the era, by reformulating notary law that not only accommodates technological devices, but also reconstructs the meaning of job fidelity in aspects that are in accordance with the values ​​of trust and caution.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Perlindungan Hukum Bagi Direksi Yang Diberhentikan Melalui Keputusan Sirkuler Yang Tidak Sah: Studi Perbandingan Indonesia, Singapura, Britania Raya, dan Australia Ferencia, Viony; Azwar, Tengku Keizerina Devi; Windha
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.38

Abstract

Circular resolution is one of the decision-making mechanisms by shareholders other than the GMS has become one of the mechanisms often used by shareholders to make decisions in limited companies. However, the use of circular resolutions is inseparable from potential juridical problems, among others related to abuse of authority, especially in the context of dismissal of members of the board of directors. This article aims to examine the utilization of circular resolutions in the limited liability company system in Indonesia, both in terms of normative application and risk implications. In addition, this research also compares the legal systems in Singapore, the United Kingdom, and Australia in order to obtain a more comprehensive perspective on the regulation of the circular resolution mechanism. The method used is normative law. The nature of the research is prescriptive using secondary data obtained through data collection and data analysis techniques. The research approach uses a statutory approach, case approach, and comparative approach. The results show that legal protection for directors who are dismissed through circular decisions is not yet optimal. This is due to the regulation regarding circular decisions in Indonesia which is currently limited to only 1 (one) article, and there is no further regulation regarding procedures, time periods, and no restrictions on the use of circular decisions, so that it has the potential to cause legal uncertainty and less than optimal legal protection for PT directors in Indonesia. Therefore, to ensure legal certainty and optimal legal protection for directors, it is necessary to have bright and clear arrangements related to circular decisions that present progressive positive law in mitigating the risk of misuse of circular decisions in Indonesia.
Keabsahan Penarikan Paksa Kendaraan Bermotor Secara Sepihak Tanpa Sertifikat Fidusia Triwulandari, Melsa; Kusuma, Ajeng Pramesthy Hardiani; Yasa, I Wayan
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.42

Abstract

As stipulated in Article 11 of Law Number 42 of 1999 concerning Fiduciary Guarantees (UUJF), registration is required to obtain executory power. The case study of Decision Number 597/Pdt/2020/PT DKI shows that the withdrawal of a vehicle without a certificate is declared an unlawful act. This study aims to analyze the validity of such actions, the legal consequences they entail, and the remedies available to consumers. The methods used are normative legal research with a legislative and conceptual approach, as well as qualitative analysis based on literature review. The results of the study show that repossession without a Fiduciary Certificate is not legally valid because it contradicts Article 15 paragraphs (2) and (3) of the UUJF, and is confirmed by Constitutional Court Decision No. 18/PUU-XVII/2019 jo. No. 2/PUU-XIX/2021, which requires an agreement on breach of contract (default) and is based on a Fiduciary Certificate for the validity of parate execution, or through the courts if these conditions are not met. Such unilateral actions can be classified as unlawful acts with consequences of compensation based on Article 1365 of the Civil Code, while efforts to resolve them can be carried out through non-litigation or litigation channels if no agreement is reached. The research recommendations emphasize the importance of enforcement based on Fiduciary Certificates, compliance by Financing Companies with laws and regulations, and prioritizing dispute resolution through non-litigation means in order to maintain a balance of rights and obligations between creditors and debtors.
Perlindungan Konsumen Atas Praktik Pemindahan Isi Gas LPG Tidak Sesuai Standar Operasional Perusahaan Rahmawati, Alfina Kusuma; Kusuma, Ajeng Pramesthy Hardiani; Yasa, I Wayan
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.45

Abstract

LPG gas is a primary necessity for the community because it is more practical and efficient than firewood or kerosene. High demand has triggered illegal practices by some businesses, namely transferring subsidized gas cylinders to non-subsidized cylinders using tools that do not meet standards. This action risks causing explosions and losses for consumers. This study aims to analyze the forms of legal protection for consumers, the legal implications for business actors, and efforts to resolve disputes resulting from the distribution of LPG gas that does not comply with company operational standards. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the study show that Legal protection for consumers against the distribution of LPG that is non-compliant with standard operating procedures is implemented through both internal and external mechanisms. Internally, protection is realized through agreements between consumers and business actors to safeguard consumer rights; conversely, external protection is provided by the State through the Consumer Protection Law, which guarantees security, safety, comfort, and legal certainty. This protective framework is further reinforced by the role of the National Consumer Protection Agency (BPKN), which is empowered to supervise and take enforcement action against business actors in violation of the law.. Business actors can be subject to criminal, administrative, and civil sanctions in accordance with Consumer Protection Law, the Oil and Gas Law, and the ESDM Ministerial Regulation. Meanwhile, consumer dispute resolution can be pursued through litigation in court or non-litigation through the BPSK. Consistent law enforcement and strict distribution supervision are necessary to provide legal certainty, safety, and optimal protection for LPG consumers in Indonesia.
Perlindungan Konsumen Atas Kerugian Akibat Ulasan Menyesatkan Pada Produk Barang Di E-Commerce Abdillah, Rayhan Fajar; Handono, Mardi; Kusuma, Ajeng Pramesthy Hardiani
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.48

Abstract

Over time, problems have arisen for consumers when shopping online. One of these problems is the prevalence of misleading reviews attached to products offered by businesses on E-Commerce platforms. The widespread use of misleading reviews is certainly very detrimental to consumers who want to shop online, as consumers will not obtain accurate information that corresponds to the benefits of the products they intend to buy. The legal research method used in this study is the normative juridical research method with the use of statutory and conceptual approaches. This study has two main discussions, namely the forms of consumer protection and the legal efforts that consumers can take against losses resulting from misleading reviews spread on E-Commerce platforms. In accordance with the main issues discussed, this study analyzes and examines how legal protection is obtained by consumers, both internally sourced from agreements and externally sourced from applicable laws and regulations, as well as how dispute resolution efforts can be pursued by consumers through both litigation and non-litigation methods.
Kewenangan Notaris Dalam Melakukan Pengesahan Fotokopi Visum et Repertum Sesuai Dengan Aslinya Fauzi, Nabyla
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.49

Abstract

In the case of the murder of Briptu Yosua, the results of observations from the forensic team were validated and made into an authentic deed that could be used as legal evidence. The act of validation (legalization) and making an authentic deed by a notary from the forensic results in the form of a Visum Et Repertum letter raises new problems, namely related to the notary's authority to legalize forensic results that have not been regulated in Notary Law. The purpose of this study is to find the notary's authority in legalizing forensic results and to find the basis for notaries to carry out legalization, as well as the notary's responsibility for the act of legalizing forensic results. This study uses a normative juridical approach. The results of this study are that the forensic results letter is an authentic letter so that the notary has the authority to legalize the forensic results letter and the basis for the notary to legalize the forensic results refers to the provisions of Article 15 paragraph (2) Notary Law, and the notary's responsibility for forensic results that have been validated is that the notary only ensures the forensic results letter of the person who signed the forensic results letter and ensures that the signature on the document is genuine, and the notary also checks that the forensic results letter issued is in accordance with legal procedures.
Marriage Agreements as a Form of Legal Protection For Parties To a Marriage Astuti, Rita Bayu; Ali, Moh.; Rato, Dominikus
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.50

Abstract

This research is reviewed from the Marriage Law and Compilation of Islamic Law. Positive Law and Islamic Law only recognize open monogamous marriages, but it does not rule out the possibility for a husband to have a polygamy marriage with the conditions as stated in Article 4 paragraph (2) of the Marriage Law by submitting an application to the Religious Court. The problem formulation is first, how is the application of shared assets in polygamy marriages in Indonesia? Second, how is the legal protection of assets in the polygamy marriage agreement? This research is a normative-juridical study with the aim of finding the coherent truth. The legal force of a marriage agreement is binding not only upon the spouses who execute it but also upon related third parties, provided that the element of publicity has been satisfied. Where a marriage agreement is executed in fulfillment of the validity requirements for agreements in accordance with applicable statutory regulations, ratified by a Marriage Recording Officer or a notary, and recorded by the Marriage Recording Officer, said marriage agreement possesses legal force equivalent to that of an authentic deed. A marriage agreement executed via a notarial deed also constitutes a protective measure ensuring that the agreement becomes an authentic deed possessing perfect probative force to safeguard the rights of the contracting parties as well as third parties. Furthermore, related third parties are entitled to claim compensation should the marriage agreement be executed or amended with the intent to prejudice said third parties.
Transformasi Sertipikat Elektronik Dalam Perspektif Perlindungan Bagi Nasabah Kredit Perumahan Rakyat Romadoni, Rahayu Mulia
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.55

Abstract

The digital transformation in land administration through Electronic Certificates constitutes a strategic measure by the Government of Indonesia to establish a transparent and accountable land registration system. This study aims to analyze the juridical implications of Sertipikat-el regarding the legal certainty for Home Ownership Credit customers, as well as the forms of legal protection available to customers and the banking sector against the risks of digital maladministration. The research method employed is normative juridical, utilizing statutory, conceptual, and analytical approaches. The findings indicate that Sertipikat-el bolsters legal certainty by minimizing the risk of dual certification through an integrated spatial mapping system. Legal protection for customers and the banking sector is realized through cybersecurity frameworks pursuant to the Personal Data Protection Law and the principle of state responsibility regarding digital system failures. This study concludes that while digital technology enhances the efficiency of Mortgage execution, the reinforcement of regulations concerning administrative compensation for system errors is imperative to ensure equity for KPR customers as consumers of financial services.

Page 4 of 4 | Total Record : 40

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