JILPR Journal Indonesia Law and Policy Review
Journal Indonesia Law and Policy Review (JILPR) eISSN 2715-498X Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
International Peneliti Ekonomi, Sosial dan Teknologi
CRIMINAL LIABILITY FOR NOTARIES THOSE INVOLVED IN DOCUMENT FORGERY
The purpose of writing this journal is to analyze and examine how criminal liability for Notaries involved in document forgery is viewed from a criminal law perspective and how criminal law provisions apply to Notaries involved in document forgery. Article 1 paragraph (1) of the Notary Law states that a Notary is a Public Official who is authorized to make authentic deeds and has other authorities as referred to in this Law or based on other Laws. Notaries obtain attributional authority from the State through the Notary Law, meaning that this authority is inherent in the Notary's Office. In carrying out their duties and positions, Notaries are generally assisted by Notary staff, in this case preparing everything needed to make authentic deeds. One of the documents that must be prepared by Notary staff is a letter. Notary staff only assists in carrying out their work. Responsibility for authentic deeds remains the responsibility of the Notary. If the Notary commits the crime of document forgery which results in defects in the authentic deed, it is possible that the Notary must be held responsible for this. Forgery of letters that occurs can occur due to the falsification of the contents of the letter or the falsification of the authority and the contents of the authority in the letter. Criminal liability for a Notary if proven to have committed the crime of forgery of letters is the crime of participation in the crime of forgery of letters contained in Article 55 Jo. Article 263 paragraph (1) and (2) of the Criminal Code or Article 264 or 266 of the Criminal Code, as well as Article 56 paragraph (1) and (2) Jo. Article 263 paragraph (1) and (2) of the Criminal Code or Article 264 and Article 266 of the Criminal Code, because the Notary is considered negligent in carrying out his duties and position.
Copyright (c) 2025 Fifi Ayu Lestari https://creativecommons.org/licenses/by-sa/4.0
THE URGENCY OF A NOTARY DEED IN CHANGING A INDIVIDUAL COMPANY INTO A CAPITAL PARTNERSHIP COMPANY
The Urgency of Notarial Deed in Changing a Sole Proprietorship to a Capital Partnership Company. This study aims to determine and analyze how a sole proprietorship changes to a capital partnership company and the urgency of a notarial deed in changing a sole proprietorship to a capital partnership company. This legal research uses a normative legal research type, the research approach used is the Statutory approach and the Conceptual Approach. A Sole Proprietorship is required to convert to a capital partnership company if the shareholder is more than one person and/or has exceeded the UMK qualification limit. as regulated in Article 9 of PP No. 8 of 2021 where the change in status is carried out through a notarial deed and registered electronically with the Minister of Law and Human Rights, if two Sole Proprietorships want to merge, it cannot be done through a formal merger as regulated in Law No. 40 of 2007. Because there are no regulations governing the process of changing additional shares through a merger between a Sole Proprietorship and another Sole Proprietorship. The change in legal form from a Sole Proprietorship to a Capital Partnership has significant legal and administrative consequences, thus requiring the formal involvement of a notary. The notarial deed is very important in this process because it is the legal basis needed to validate the existence and new structure of the company which is no longer owned by a single person based on Article 9 paragraph (2) of PP No. 8 of 2021.
Copyright (c) 2025 Yullananda, Rachmadi Usman https://creativecommons.org/licenses/by-sa/4.0
THE AUTHORITY OF THE NOTARY HONORARY COUNCIL FROM AN ADMINISTRATIVE LAW PERSPECTIVE
The Authority of the Notary Honorary Council from an Administrative Law Perspective. This study aims to determine and analyze the existence of the Notary Honorary Council within the notary profession. Furthermore, it aims to determine and analyze the authority of the Notary Honorary Council regarding Notaries involved in criminal cases. This legal research uses normative legal research or library legal research. This research is prescriptive in nature. The research approaches used are the Statutory and Conceptual Approaches. The Notary Supervisory Council's role in supervising Notaries before the enactment of Law No. 30 of 2004 was carried out by the Court, as stated in Staatsblad 1860 concerning the Regulations on the Position of Notaries. After Law No. 30 of 2004, supervision of Notaries was carried out by the Regional Supervisory Council. After Law No. 2 of 2014, the Notary Honorary Council was created as a replacement for the Regional Supervisory Council, with the same function: approving or rejecting summonses issued by law enforcement officers for Notaries. The authority of the Notary Honorary Council in criminal proceedings involving Notaries highlights the potential dilemma between the obligation to maintain professional confidentiality and to provide testimony, as well as the problems that arise, especially at the investigative stage, regarding the approval of the Notary's summons. The procedure for summoning a Notary that requires the approval of the Notary Honorary Council has the potential to conflict with the principles of simple, fast, and low-cost justice, as well as the principle of equality before the law.
Copyright (c) 2025 Muhammad Bahtiar Nur, Hadin Muhjad https://creativecommons.org/licenses/by-sa/4.0
LAW ENFORCEMENT OF THEFT WITH VIOLENCE RESULTING IN DEATH BASED ON THE PERSPECTIVE OF JUSTICE
Law enforcement must be carried out fairly and without discrimination in order to create justice and order in society. This study discusses law enforcement against the crime of theft with violence resulting in death based on Article 365 paragraph (3) of the Criminal Code, as well as an analysis of the legal considerations of judges in District Court Decision Number 33/Pid.B/2024/PN.Llg. The method used is normative juridical research with the approach of legislation and decision studies. The results showed that the perpetrator was sentenced to a maximum imprisonment of fifteen years as a form of fair law enforcement. The judge's consideration includes the fulfillment of the elements of the article charged, the demands of the public prosecutor, and the absence of reasons for criminal erasure. Law enforcement in the decision is in accordance with the principles of justice, certainty, and legal benefits. Therefore, law enforcement in the future must refer to the applicable rules of law in order to provide a deterrent effect, as well as protection and security for the community.
Copyright (c) 2025 Alfian Widyatama, Sujono https://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF THE CONSTITUTIONAL COURT IN DECIDING DPT DISPUTES AND THE IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NO. 102/PUU-VII/2009
The background of the problem in this research is related to the Constitutional Court Decision Number 102/PUU-VII/2009 which is a significant breakthrough in the Indonesian legal system, particularly in relation to guaranteeing citizens' constitutional rights in political participation. This decision regulates the use of population identity for prospective voters who are not registered in the Permanent Voter List (DPT), which was previously not permitted in the provisions of Article 28 and Article 111 of Law No. 42 of 2008. The purpose of this research is to analyze the implications of this decision in upholding justice and the constitutional rights of citizens. The benefit of this research is to provide a deeper understanding of the role of the Constitutional Court in safeguarding the political rights of Indonesian citizens. The method used is a case study with an analytical approach to the Constitutional Court Decision and relevant laws. The results of the study indicate that this decision provides space for prospective voters who are not registered in the DPT to still exercise their right to vote, thus restoring constitutional rights that were threatened with loss. This study highlights the importance of the Constitutional Court decision in safeguarding public political participation and its implications for the electoral system in Indonesia.
Copyright (c) 2025 Tb Rifat https://creativecommons.org/licenses/by-sa/4.0
ELECTRONIC REGISTRATION OF SECOND RANK MORTGAGE RIGHTS ON COLLATERAL OBJECTS WITH ADMINISTRATIVE VILLAGE CHANGES
The purpose of this research is to analyze the registration of Second-Ranking Electronic Mortgage (Hak Tanggungan) over collateral objects that have undergone an administrative change in their urban village (kelurahan) designation, with a case study in Selat Subdistrict, Kapuas Regency. The type of research used is normative legal research, which involves inventorying and analyzing statutory regulations. The nature of the research is prescriptive-analytical, aimed at finding legal solutions to existing issues from the perspective of the researcher.The first research finding reveals that the registration of a second-ranking electronic mortgage over a collateral object that has experienced a change in administrative location (from Selat Tengah to Selat Barat) cannot be carried out if the first-ranking mortgage has already been registered. This is because an administrative update to the collateral object’s location must first be conducted. In the Computerized Land Activities System (KKP), a collateral object already encumbered by a first-ranking mortgage is registered as an active mortgage record until that activity is concluded through a mortgage release (roya). Therefore, to update the location from Selat Tengah to Selat Barat, the existing mortgage record must be closed first. The second finding shows that, as an effort to maintain their position as the holder of the first-ranking mortgage, the creditor may based on the Mortgage Law (UUHT) ssue a Power of Attorney to Grant Mortgage (SKMHT) in accordance with Article 15 of the UUHT, followed by the release of the first-ranking mortgage based on Article 18 paragraph (1) letter b, which allows the mortgage to be released by the mortgage holder. Afterward, the administrative location update of the collateral object from Selat Tengah to Selat Barat can be processed. Once the data has been validated, the creditor can then execute a new Deed of Granting Mortgage (APHT) to re-register the first-ranking mortgage based on the SKMHT.
Copyright (c) 2025 Lisna Mariatun, Hadin Muhjad https://creativecommons.org/licenses/by-sa/4.0
REPORTING OF TESTAMENTARY DEEDS FOR INDONESIAN CITIZENS ABROAD
This article will discuss the inconsistency of will reporting arrangements for Indonesian citizens abroad. The purpose of this research is to review and analyze the synchronization of Article 11 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 60 of 2016 with Article 8 letter c of the Regulation of the Minister of Foreign Affairs Number 5 of 2018 and to review and analyze the roles and responsibilities of Notaries in reporting testamentary deeds for Indonesian citizens abroad. By using normative juridical research, this research is prescriptive and uses the type of research on the level of vertical and horizontal synchronization. The approaches used by the author are statute approach and conceptual approach. Results of the research, First : The synchronization of the provisions of reporting the will deed for Indonesian citizens abroad is carried out by seeing that the position of Article 8 letter c of the Minister of Foreign Affairs Regulation Number 5 of 2018 is a specificity of Article 11 paragraph (1) of the Minister of Law and Human Rights Regulation Number 60 of 2016. Second: Notaries only have responsibility for the deeds they make or that are presented to them. Therefore, the Notary does not have a direct obligation and responsibility to report on testamentary deeds made by Indonesian citizens abroad.
Copyright (c) 2025 Nadia Salsabila https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR CONSUMERS IN ONLINE BUYING AND SALES TRANSACTIONS RELATED TO NON-CONFORMITY OF GOODS OFFERED
This research was conducted with the aim of knowing the legal issues based on Law No. 8 of 1999, Therefore, From Shopee user reviews it is known that the Shopee application still needs to be improved. For this reason, research was conducted to see public satisfaction with the Shopee application through the e-service quality method. goods purchased by consumers do not reach their hands and are sold conventionally (face-to-face). Consumers are often the subject of losses from online trading activities when the products received by consumers are not as ordered, delays in receiving products and non-delivery of products that have been ordered by consumers. The question that arises then is whether these provisions can apply universally to all cases, or only in certain cases that can create a sense of justice for the parties, With the formulation of the problem how to know the Legal Protection for consumers in online buying and selling transactions related to the Non-conformity of goods offered based on Law Number 8 of 1999 concerning Consumer Protection and how to know the legal consequences if business actors send goods that do not match the specifications of the goods offered in Online Buying and Selling. This study uses an empirical juridical method, namely by examining this research from primary data where data can be obtained directly from the first source through primary data acquisition, namely from field data that can be done through observation, observation, (interviews), or distributing questionnaires. In this study the author uses a statutory approach. The statutory approach is an approach carried out by analyzing rules and regulations related to legal issues. With the aim of getting answers to the problems raised with the conclusion of the use of rules applied in Law Number 8 of 1999 concerning Consumer Protection, legal protection is included in Article 7 paragraphs a, b, c, d. However, for consumers in South Jakarta City, it is not running effectively. Existing laws are not able to protect consumers as they should. Several consumers have filed complaints to demand compensation or redress, but business actors often ignore these complaints and are not responsible. As a result, the legal protection expected by consumers in South Jakarta City cannot be fulfilled.
Copyright (c) 2025 Mudawaroh https://creativecommons.org/licenses/by-sa/4.0
RESOLUTION OF DISPUTES OVER LABOR INSPECTOR DETERMINATIONS ON OVERTIME WAGE DEFICIENCIES
Workers sometimes encounter differences in calculation with employers regarding the amount of overtime wages they should receive. In such cases, workers tend to leave the resolution of overtime wage discrepancies to labor inspectors. Labor inspectors will examine the implementation of overtime wage payments and issue a determination of the overtime wage amount. Parties who object to this determination may pursue legal remedies in the administrative court. The court's decision on the determination may result in either an acceptance (kabul) decision or a dismissal decision. These differing decisions are intriguing to analyze, as they pertain to the same administrative object but may lead to two different outcomes. The objective of this study is to analyze how labor inspector determinations in disputes over unpaid overtime wages constitute administrative decisions and to examine the legal application in resolving such disputes to provide legal certainty for both employers and workers. This study employs a normative juridical research method analyzed qualitatively. The study concludes that labor inspectors' determinations meet the criteria for administrative decisions. The application of the law through acceptance decisions provides greater legal certainty as it aligns with the fulfillment of administrative dispute criteria under statutory regulations and ensures legal certainty for both employers and workers regarding the payment of unpaid overtime wages.
Copyright (c) 2025 Aswin Ardiansyah Huda, Anwar Budiman, Retno Kus Setyowati https://creativecommons.org/licenses/by-sa/4.0
IMPLEMENTATION OF MINISTER OF TRADE REGULATION NUMBER 8 OF 2024 CONCERNING IMPORT PROHIBITIONS AND RESTRICTIONS AS ONE OF THE FACTORS IN THE IMPOSITION OF HIGH RECIPROCAL TARIFFS BY THE UNITED STATES
Regulation of the Minister of Trade of the Republic of Indonesia Number 8 of 2024 (Permendag 8/2024) is a significant change in import policy, including certain import prohibitions and restrictions. The implementation of this regulation has an impact on increasing the flow of imported goods to Indonesia, but has also drawn attention from the United States. The US government responded to this policy by implementing high reciprocal import tariffs on Indonesian products as a retaliatory measure. This study examines the normative-juridical content of Permendag 8/2024 along with its impact on international trade, as well as the United States' legal response through reciprocal tariffs. The analysis focuses on the conformity of the policies of the two countries with the legal provisions of the World Trade Organization (WTO), especially the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Dispute Settlement Understanding (DSU). Through the normative-juridical research method, this paper finds indications of violations of WTO principles in Indonesian policies as well as unilateral US retaliatory actions. Trade dispute simulations indicate that settlement options may be pursued through diplomacy and WTO dispute resolution mechanisms rather than unilateral retaliatory actions that violate the DSU. This in-depth study is expected to provide a comprehensive understanding of the legal implications of Indonesia's trade policy and the United States' reciprocal response within the framework of international trade law.
Copyright (c) 2025 Gunawan Widjaja, Enna Budiman, Wagiman https://creativecommons.org/licenses/by-sa/4.0
IMPLEMENTATION OF MONITORING AND INVESTIGATION RESULTS BY THE ROKAN HILIR REGENCY INSPECTORATE AUDITOR ON REGIONAL PROPERTY
The purpose of this study is to analyze the implementation of the monitoring and investigation results by the Inspectorate Auditor of Rokan Hilir Regency on regional-owned assets, to analyze the obstacles in the implementation, and to analyze the efforts made to overcome those obstacles. The method used is sociological legal research. Based on the research findings, it is known that the implementation of the monitoring and investigation results by the Inspectorate Auditor of Rokan Hilir Regency on regional-owned assets has not been running optimally. This is evident from the discrepancies between audit findings and the corrective actions taken by the relevant Regional Government Organizations (OPD). Although some corrective measures have been initiated—such as updating inventory data, re-labeling items, and organizing asset documentation—these efforts are not yet evenly implemented across all OPDs and are not fully in accordance with the provisions of asset management as regulated in the Regulation of the Minister of Home Affairs Number 47 of 2021 concerning Procedures for Bookkeeping, Inventory, and Reporting of Regional-Owned Assets. The obstacles in implementing the monitoring and investigation results include, first, from an administrative perspective, the presence of numerous assets without adequate supporting documents such as certificates, handover reports, or decisions determining the status of use. These assets frequently become recurring findings due to the lack of legal and physical verification. Second, from a technical perspective, some OPDs do not have dedicated personnel managing assets, resulting in the responsibility being handed to other staff members who lack relevant expertise. Third, challenges also arise from asset control by third parties. Efforts to overcome these obstacles include, first, reorganizing the asset documentation system and strengthening internal supervision.
Copyright (c) 2025 Wahyu Rahmadani, Ardiansah, Andrizal https://creativecommons.org/licenses/by-sa/4.0
ISSUANCE OF LAND TITLE CERTIFICATES AS LEGAL CERTAINTY GUARANTEE FOR LAND TITLE HOLDERS
Ownership of land that is not supported by sufficient evidentiary strength is vulnerable to unilateral claims, forced takeovers, and even criminalization of ownership. A certificate, which should serve as a legal shield for the owner, may instead become the source of disputes if the issuance process is not carried out in accordance with legal norms. In this context, the legal protection theory developed by Philipus M. Hadjon becomes relevant, which states that legal protection should not only be reactive in the event of rights violations but must also be preventive through orderly and transparent administrative systems and procedures. The objective of this research is to analyze the legal regulation of land title certificate issuance as a guarantee of legal certainty for land rights holders and to examine the legal implications of such issuance. The method employed is normative legal research. Based on the results of the study, it is found that the legal regulation regarding the issuance of land title certificates as a guarantee of legal certainty has been systematically stipulated in various laws and regulations, especially in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation Number 24 of 1997 concerning Land Registration. The issuance of certificates is the final result of the land registration process conducted by the National Land Agency (BPN) and holds legal force as legitimate legal proof of ownership. Certificates provide both administrative and judicial legal guarantees over land owned by an individual, while simultaneously creating legal certainty and legal security in every land transaction. The legal implications of the issuance of land title certificates as a guarantee of legal certainty for landholders include, among others, that the certificate confers legitimacy of ownership to a legal subject over a specific parcel of land. The certificate serves as prima facie evidence, which places the certificate holder in a strong legal position in land disputes, unless there is compelling evidence to the contrary. However, if the certificate is legally flawed due to procedural errors, data falsification, or abuse of authority by land officials, then the certificate may be annulled based on a court decision with permanent legal force. In such cases, the consequence is the loss of ownership rights and the potential imposition of legal liability on the owner and the responsible officials, including civil and criminal accountability.
Copyright (c) 2025 Wahyu Prihatmaka, Hasnati, Yetty https://creativecommons.org/licenses/by-sa/4.0
THE NOTARY’S AUTHORITY IN ENSURING THE VALIDITY OF INTERNASIONAL CONTRACTS WITH A CHOICE OF LAW
Globalization has increased cross-border business interactions, resulting in international business contracts involving multiple jurisdictions and legal systems. A critical clause in these contracts is the choice of law or the selection of foreign law. This article aims to analyze the authority of notaries in ensuring the validity of international business contracts involving foreign law under Indonesian law. The method used is normative juridical with statutory and conceptual approaches. The study finds that notaries have attributed authority to draft authentic deeds, provide legal counseling, and ensure that contract clauses comply with national legal principles. Notary involvement plays a preventive role in minimizing disputes by aligning contract contents with public policy. Therefore, the notary’s preventive role is essential in ensuring legal certainty for parties engaging in cross-jurisdictional agreements.
Copyright (c) 2025 Nur Hikmah Armiandi https://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF LPSK TOWARDS THE DISTRIBUTION OF LOSSES AND DISTRIBUTIVE JUSTICE TO VICTIMS
This article aims to analyze the role of the Witness and Victim Protection Agency (LPSK) in the distribution of losses experienced by victims and its contribution to realizing distributive justice. The problem formulations proposed in this research are: (1) What is the form of loss distribution provided by LPSK to victims of crime? and (2) What are the challenges faced by LPSK in implementing loss distribution and realizing distributive justice for victims? This research uses a normative juridical approach by analyzing the applicable laws and regulations as well as the LPSK annual report as research material.
Copyright (c) 2025 Gunawan Widjaja, Wagiman, Liza Widjaja https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR THE COMMUNITY IN RESOLUTION OF LAND DISPUTES
This study discusses the resolution of land disputes, which are a complex and ongoing problem in Indonesia, especially when community rights to land conflict with state or corporate interests. This problem often leads to injustice, criminalization, and even human rights violations, especially against vulnerable groups such as farmers and indigenous peoples. This study aims to analyze the forms of legal protection provided to communities in resolving land disputes and evaluate the legal mechanisms available under the Indonesian legal system. Legal protection for communities has been regulated in various regulations, such as the Basic Agrarian Law (UUPA), the Human Rights Law, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (BPN). However, its implementation still faces serious challenges, particularly in terms of accessibility, bias by officials, and transparency. Meanwhile, dispute resolution mechanisms are divided into litigation and non-litigation channels, including mediation by land offices, customary deliberations, and resolution through independent institutions such as the National Commission on Human Rights (Komnas HAM) and the Ombudsman. Unfortunately, the effectiveness of these mechanisms depends heavily on the government's commitment and the capacity of relevant institutions to ensure substantive justice.
Copyright (c) 2025 Dekha Isvan Mahardika, Suprapto https://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR NOTARIES INVOLVED IN CRIMINAL CASES IN THE DRAFTING OF AUTHENTIC DEEDS
A legal uncertainty faced by Notaries when they are summoned or charged in criminal proceedings related to their official duties will be something that worries them. As public officials, Notaries often become suspects in cases involving authentic deeds that were made under lawful authority. Many of these cases arise not from intentional wrongdoing, but from misinterpretations of professional acts as criminal offenses. The main legal issue lies in the ineffective protection mechanism stipulated in Article 66 of the Notary Law. The concept of automatic approval (fictitious positive consent) by the Notary Honorary Council (MKN) creates a serious gap in safeguarding the Notary’s position. Additionally, the lack of substantive assessment standards in the MKN's review process reduces the meaningful protection of Notaries’ legal rights. This research uses a normative juridical approach, analyzing legal protection theory and the concept of justice in professional accountability. The findings suggest the need for regulatory reform, including amendments to the notarial law and institutional strengthening of MKN’s authority. A significant recommendation is the formation of a legal assistance unit within the notarial professional organization to represent and defend notaries under legal threat. The ethical independence of Notaries must be preserved, especially when facing undue pressure from clients, state actors, or law enforcement. Legal protection should not only focus on procedures but also uphold the integrity and neutrality of the notarial profession. These legal improvements are essential to prevent the misuse of criminal law against Notaries and to support a more just legal framework.
Copyright (c) 2025 Neng Laura Rakhmatul Uyuni, Mispansyah https://creativecommons.org/licenses/by-sa/4.0
LEGAL LIABILITY FOR FALSE INFORMATION IN NOTARIAL DEEDS
This study aims to analyze the forms of notarial liability for deeds containing false information and to determine the legal consequences for deeds that are later proven to be false or not in accordance with applicable provisions. It also examines how the theory of error applies to alleged false information in authentic deeds prepared by notaries. This study uses a normative research method, employing a statutory approach and a case study approach. The legal material collection technique used is a literature study. This legal material analysis technique is based on a normative juridical perspective. The aim is to answer the problems discussed. The first research result: legal liability for parties containing false information in notarial deeds includes criminal liability in the form of imprisonment and civil liability in the form of compensation and administrative sanctions, as stipulated in Law No. 2 of 2014 concerning Notary Positions, resulting in the deed being legally void and becoming a private deed. Second Research Findings: Notaries cannot be held legally accountable without fault, even if there is an alleged violation of the law.
Copyright (c) 2025 Aswin Setiadi Fail, Mispansyah https://creativecommons.org/licenses/by-sa/4.0
THE LEGAL STANDING OF RECEIPTS AS EVIDENCE IN LAND SALE AND PURCHASE TRANSACTIONS FROM PERSPECTIVE OF LEGAL CERTAINTY
This article explores the legal standing of receipts as evidence in land sale and purchase transactions from the perspective of legal certainty. The research employs a normative legal method, which is a type of legal research focused on the analysis of written legal norms, including statutory regulations, court decisions, legal doctrines, and fundamental legal principles. The findings of the study reveal that receipts, as privately executed written evidence, serve solely as proof of payment and cannot be used to substantiate the transfer of land rights. This indicates that receipts do not meet the formal legal requirements necessary to establish lawful land ownership. As a means of evidence, receipts are only relevant in proving the occurrence of payment, but they carry no legal force in effectuating the transfer of land rights.
Copyright (c) 2025 Resti Riancana https://creativecommons.org/licenses/by-sa/4.0
LAW ENFORCEMENT IN CASES OF MURDER CONTINUED BY SEXUAL VIOLENCE AGAINST CHILDREN
In many cases, perpetrators attempt to cover their tracks by killing the victim, making biological evidence difficult to find. This requires the police to work extra hard to collect forensic evidence and witness statements. The purpose of this study is to analyze law enforcement in cases of murder followed by sexual violence against children based on Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection at the Indragiri Hulu Police. The method used is sociological legal research. Based on the results of the study, it is known that law enforcement in cases of murder followed by sexual violence against children based on Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection at the Indragiri Hulu Police that the authorities have implemented the provisions of Law Number 17 of 2016 strictly. This regulatory change provides a strong legal basis for investigators in applying the maximum criminal threat, including the death penalty, life imprisonment, or other aggravating crimes. The investigation process is directed to fulfill the principles of child protection, victim justice, and legal certainty. Obstacles such as the limited number of investigators with specialized competencies in handling child-based crimes, the lack of comprehensive forensic facilities, and the often-impeded availability of post-mortem examinations and laboratory results contribute to slow investigations. Furthermore, this contributes to the deep trauma experienced by victims and their families. Efforts to overcome these obstacles include increasing the capacity of officers through specialized training in handling sexual violence against children. Local governments and law enforcement institutions also need to strengthen supporting facilities. Coordination with integrated service agencies must be improved to expedite the process of establishing evidence and providing assistance to victims.
Copyright (c) 2025 Sudarma Wijaya, M. Yusuf DM, Sandra Dewi https://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF LEGAL AUDIT IN MITIGATION OF THE RISK OF BANKRUPTCY OR PKPU APPLICATIONS TOWARDS THE COMPANY
Several well-known companies have recently been the subject of discussion due to their bankruptcy filings. One of the most frequently filed disputes is a request for a suspension of debt payment obligations (PKPU) and bankruptcy. At least several companies have disputes being processed at the Commercial Court at the Central Jakarta District Court (PN). One such case occurred with the Meikarta developer, PT Mahkota Sentosa Utama (MSU), which was sued by PT Graha Megah Tritunggal for a suspension of debt payment obligations (PKPU) or bankruptcy on October 6, 2020, under case number 328/Pdt.Sus-PKPU/2020/PNNiagaJkt.Pst. Based on the cases above, bankruptcy can occur due to a bankruptcy lawsuit. This condition reflects a high level of financial distress for the company. This can occur due to the inability of company management to carry out its management functions, thus threatening business continuity. In other words, corporate governance is not running as it should. The type of research used in this paper is normative legal research. An important step in legal risk management, legal audits have a strategic role in mitigating potential bankruptcy applications or PKPU against companies by helping to detect the risk of corporate bankruptcy early. Legal audit results are often considered an important tool to support a company's defense in legal proceedings, including in bankruptcy applications or PKPU. Investigative legal audit results can be used as evidence of expert testimony in criminal trials. The Board of Commissioners and the Audit Committee as internal monitoring mechanisms have a role to detect potential bankruptcy early. Therefore, an external monitoring role is needed, carried out by an independent auditor, in this case a public accounting firm (KAP). Because auditing can provide value and benefits to a company's decision makers regarding the quality of the company's financial report information, the role of audits can detect the possibility of a company's bankruptcy.
Copyright (c) 2025 Serlika Aprita, Dian Puspa Iwari, Evy Febryani https://creativecommons.org/licenses/by-sa/4.0
The rights of the people constitute a fundamental element of Indonesia's constitutional system and are directly guaranteed by the 1945 Constitution of the Republic of Indonesia as well as by statutory regulations derived from it. These guarantees encompass civil, political, economic, social, and cultural rights that must be respected, protected, and fulfilled by the state through clear, transparent, and accountable legal policies. This study aims to analyze the forms of legal guarantees for community rights, their implementation within the national legal framework, and the challenges encountered in achieving effective protection. The findings indicate that although the normative framework is comprehensively regulated, its practical implementation still faces various obstacles, such as regulatory inconsistencies, weak law enforcement, and low public awareness of their rights. Therefore, strengthening regulations, enhancing the capacity of state apparatus, and improving public education are essential to ensuring that community rights are fully and equitably realized.
Copyright (c) 2025 M. Yusuf DM, Ronni Tunnas Mangapul Sitinjak, Hendra Gunawan, Sofyan Asmadi, Alen Siswanto, Elga Gilbert Orion Sinaga https://creativecommons.org/licenses/by-sa/4.0
THE EFFECTIVENESS OF THE APPLICATION OF CUSTOMARY LAW IN RESOLVING COMMUNAL LAND RIGHTS CONFLICTS
Communal land rights (hak ulayat) refer to the hereditary ownership and management of land and natural resources by Indigenous communities. These rights are formally recognized and regulated in several national laws, including Law No. 5 of 1960 on Basic Agrarian Principles, Law No. 39 of 1999 on Human Rights, and Law No. 41 of 1999 on Forestry. Indigenous communities possess the authority to regulate, manage, and utilize land and natural resources within their territories in accordance with customary norms. This recognition aligns with Article 18B(2) of the 1945 Constitution, which affirms that the state acknowledges and respects Indigenous communities and their traditional rights as long as they remain viable and consistent with societal development and national principles. In practice, conflicts over communal land rights frequently arise among Indigenous groups due to overlapping claims, boundary disputes, and competing interests in natural resource use. This study employs an empirical research approach supported by field observations and interviews with Indigenous community members. The aim of the research is to analyze the underlying factors contributing to these conflicts and to identify effective mechanisms for resolving them, thereby reducing the potential for communal land rights disputes within Indigenous communities.
Copyright (c) 2025 Rina Maryana, Abd Basir https://creativecommons.org/licenses/by-sa/4.0
CONSUMER RIGHTS PROTECTION IN GROUP ORDER PRACTICES: LEGAL ANALYSIS OF SELLER LIABILITY
This study analyzes legal protection for consumers and seller liability in the practice of Group Order (GO), a collective ordering mechanism popular in the digital era but often gives rise to problems such as default, delays, non-conforming goods, and fraud. Using normative legal research methods through analysis of the Civil Code, Commercial Code, Consumer Protection Law, and expert doctrines, this study assesses the legal relationship between GO admins, sellers, and consumers as a contractual relationship that gives rise to rights and obligations. Forms of default include non-delivery of goods, goods not as described, or unjustified delays. Both sellers and GO admins can be held accountable and consumers have the right to obtain compensation, refunds, or settlement through the BPSK or litigation channels. This study emphasizes the need for strengthening regulations and supervision so that GO practices are more transparent, accountable, and able to provide legal certainty for consumers.
Copyright (c) 2025 Diva Rafi Anjani, Ayun Novita Wulandari, Alifiana Arif Rahmah Aulia https://creativecommons.org/licenses/by-sa/4.0
LEGAL REVIEW OF THE CONTRIBUTION OF FORENSIC MEDICINE ON LEGAL EVIDENCE
The contribution of forensic medicine to the results of forensic examinations, such as autopsies, plays a crucial role in identifying key evidence and determining the cause of death. By adhering to professional ethics and standards, forensic doctors help uphold justice and the integrity of the legal system. The method used in this study is normative. This law enforcement is carried out in the form of valid evidence in the form of letters and statements according to experts. therefore the relationship between the two cannot be separated. Investigators, expert doctors, and other law enforcement officers work together to coordinate with each other so that each stage in proving a case produces results in the form of concrete evidence, so that it can be used as a consideration for decisions to be taken by judges in court. The role of forensic medical assistance is very necessary to find the material truth in murder cases in order to clarify the criminal case and obtain valid evidence, but the role of forensic medicine is not always successful, there are also obstacles that occur.
Copyright (c) 2025 Reny Okprianti, Nur Husni Emilson, Nabila Tsabitah, Nyayu Siti Fadiah, M. Bio Fadli, M. Renaldy Saputra https://creativecommons.org/licenses/by-sa/4.0
CRIMINAL LIABILITY OF ONLINE FRAUD PERPETRATORS THROUGH ILLEGAL ONLINE LOAN APPLICATIONS
The rapid development of technology has had an impact on changes in people's lifestyles, where things can be done quickly and easily using online-based services or using the internet network, whether in terms of shopping transactions, booking hotels, paying electricity bills, train tickets, plane tickets, or making money or capital loan transactions online. The method used is normative legal research with a library research approach, which examines literature, laws and regulations, and relevant legal documents. The results of the study show two main findings. First, illegal online loan providers can be held accountable civilly, criminally, and administratively. In the civil realm, they are required to compensate for losses based on Article 1365 of the Civil Code. In the criminal realm, perpetrators can be charged with articles related to extortion, misuse of personal data, and fraud. Meanwhile, administratively, the OJK has the authority to impose sanctions such as license revocation and access blocking based on POJK No. 77/POJK.01/2016. Second, delinquent debtors who utilize illegal online loans to commit fraud, such as identity falsification or fictitious loans, can be charged with Article 378 of the Criminal Code if there is evidence of malicious intent. The implications of this research are the need to increase public awareness of the right to personal data privacy, strengthen law enforcement, and update policies in accordance with the dynamics of the digital era.
Copyright (c) 2025 Reny Okprianti, Nur Husni Emilson, Muhammad Rafli, Amanda Prattiwy, Wanda Puja Octavia, Frity Vania Zerlinda https://creativecommons.org/licenses/by-sa/4.0