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Bayu Indra Permana
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Koptu Berlian Street, Sumbersari, Jember, East Java, Indonesia
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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 43 Documents
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Harmonisasi Peraturan Equity Crowdfunding pada Aplikasi Santara Syifa Azzahra; Iswi Hariyani; Edi Wahjuni
Acten Journal Law Review Vol. 3 No. 1: Apr 2026
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v3i1.46

Abstract

The development of digital technology has driven a major transformation in the financial sector through financial technology (fintech) innovations, one of which is Equity Crowdfunding (ECF) that serves as a fundraising mechanism for businesses, particularly Micro, Small, and Medium Enterprises (MSMEs). In Indonesia, ECF is regulated under the Financial Services Authority Regulation Number 57 of 2020 and implemented by platforms such as Santara. However, its implementation faces legal challenges due to the lack of alignment with the Capital Market Law, which has not yet accommodated digital securities offerings, resulting in regulatory disharmony and legal uncertainty. This study aims to examine the harmonization of ECF regulations in Indonesia and analyze the legal consequences of ECF practices through the Santara application. The research employs a normative juridical method with statutory and conceptual approaches. The results show that before the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector, ECF regulations were solely based on the Financial Services Authority Regulation Number 57 of 2020, which holds a lower legal hierarchy than laws, causing regulatory overlap. The enactment of Development and Strengthening of the Financial Sector expands the definition of “securities” to include technology-based instruments and grants legal legitimacy to the Financial Services Authority to regulate and supervise ECF. In the context of Santara’s implementation, regulatory harmonization is crucial to ensure legal certainty, investor protection, and the accountability of platform operators so that crowdfunding activities can be carried out transparently and in accordance with modern capital market principles.
Kepastian Hukum Terhadap Kepailitan Anak Perusahaan Badan Usaha Milik Negara (BUMN) Intan Dwi Puspitasari; Iswi Hariyani; Bhim Prakoso
Acten Journal Law Review Vol. 3 No. 1: Apr 2026
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v3i1.51

Abstract

Economic development as part of national development aims to improve the welfare of the people through the strategic role of State-Owned Enterprises (SOEs). In practice, SOEs often experience losses, prompting the government to restructure them through the formation of SOE holding companies as regulated in Government Regulation No. 72 of 2016, which amends Government Regulation No. 44 of 2005 concerning Procedures for State Capital Participation and Administration (GR No. 72 of 2016). However, the provisions in PP No. 72 of 2016, which treat the legal status of SOE subsidiaries as equivalent to SOEs, have caused inconsistencies between the normative provisions in Law -Law No. 16 of 2025 amending Law No. 1 of 2025 concerning SOEs (SOE Law) and Minister of SOEs Regulation No. 03 of 2023 with legal practice, particularly regarding the bankruptcy of SOE subsidiaries. This study aims to analyze the legal status of SOE subsidiaries that have filed for bankruptcy, the liability of bankrupt SOE subsidiaries to their parent SOEs, and the legal certainty of the assets of bankrupt SOE subsidiaries. The research method used is normative juridical research with a legislative and conceptual approach, using primary, secondary, and non-legal legal materials. The results of the study show that state-owned enterprise subsidiaries are independent legal entities in the form of limited liability companies that are subject to the Limited Liability Company Law and therefore cannot be categorized as state-owned enterprises. The liability of a bankrupt subsidiary to its parent company is separate based on the principle of separate legal entity, so that the legal obligations of the subsidiary do not automatically become the responsibility of the parent company, unless it is proven that there has been excessive control. The bankruptcy of a SOE subsidiary also results in the possibility of general seizure of all its assets because they are no longer directly included in state assets.
Prinsip Kehati-Hatian Pejabat Pembuat Akta Tanah (PPAT) Dalam Kewenangannya Membuat Akta Jual Beli Hak Atas Tanah Antikowati; Andika Putra Eskanugraha; Selvia Christin Sinulingga
Acten Journal Law Review Vol. 3 No. 1: Apr 2026
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v3i1.68

Abstract

The Land Deed Officer is a public official who is given or has the authority to make authentic deeds regarding certain legal actions in terms of land rights or ownership rights to apartment units. Deed of sale and purchase of land is a form of legal certainty between parties who buy and sell land and is the legal basis for the transfer of land rights. The making of the deed of sale and purchase of land is carried out in the presence of the Land Deed Making Officer who has clear and cash characteristics in terms of the price that has been paid in full. The objectives to be achieved in this study are as follows to find out and analyze the basis for the judge's consideration of the decision. To find out and analyze what responsibilities The Land Deed Officer has to carry out when making a sale and purchase deed where a violation has been committed. The research method in writing this thesis uses doctrinal research, namely to obtain principles or legal provisions in order to find divine truths in order to be able to answer the legal issues at hand. The approach used is the statutory approach, the case approach. The legal materials used in this study consist of primary legal materials, secondary legal materials and non-legal materials. The results of this study explain that in passing a decision on Defendant I as the Land Deed Officer, there was negligence by the judge. The Land Deed Officer as the maker of the deed of sale and purchase is subject to administrative sanctions, civil sanctions and criminal sanctions.

Page 5 of 5 | Total Record : 43

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