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All Journal Kertha Patrika Open Access DRIVERset ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
I Wayan Novy Purwanto
Udayana University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Kepastian Hukum Penentuan ‘Orang Tidak Mampu’ dalam Kewajiban Notaris Memberikan Jasa Cuma-Cuma Made Putra Darma Yasa; I Wayan Novy Purwanto
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v4i2.1952

Abstract

The obligation of notaries to provide free legal services to indigent persons, as stipulated in Article 37 paragraph (1) of the Notary Position Act, represents an effort to ensure access to justice for all members of society. However, the provision does not provide a clear definition or criteria for determining who qualifies as an “indigent person,” leading to practical and juridical issues in its implementation. This study aims to analyze the concept of “indigent persons” from a legal perspective and to examine the mechanism for determining such status in the execution of notaries’ obligations. This research employs a normative legal method using statutory and conceptual approaches, with qualitative analysis of primary and secondary legal materials. The findings indicate that the absence of an operational definition results in a vague norm that creates legal uncertainty. In practice, the determination of indigent status tends to be subjective and lacks standardized criteria, which may lead to inconsistency, potential injustice, and misuse. Furthermore, the absence of a structured determination mechanism causes the obligation to provide free legal services to be ineffective in practice. Therefore, it is necessary to establish objective and multidimensional criteria, along with an integrated determination mechanism combining administrative and factual approaches, to ensure that notaries’ obligations are implemented effectively, appropriately targeted, and capable of supporting broader access to justice for economically disadvantaged communities.
The Role of Notaries in Preventing Nominee Arrangements: Legal Certainty and Productive Land Conversion I Ketut Agus Pramana Putra; I Putu Bagus Padmanegara; I Wayan Novy Purwanto; Matias Valenzuela
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p06

Abstract

Nominee arrangements have become a prevalent mechanism for circumventing restrictions on foreign ownership of land under Indonesian agrarian law, particularly in regions experiencing intensive tourism and investment development. Beyond raising questions concerning the legality of land ownership, such arrangements contribute to productive land conversion and create challenges for legal certainty and land governance. This study examines the legal construction of nominee arrangements under Bali Regional Regulation Number 4 of 2026 concerning the Control of Productive Land Conversion and the Prohibition of Nominee-Based Land Ownership Transfer, as well as the role of notaries in preventing such practices. Employing normative legal research, this study applies statutory and conceptual approaches through the analysis of legislation, legal doctrines, and relevant scholarly literature. The findings demonstrate that nominee arrangements constitute a form of legal circumvention that conflicts with the nationality principle under the Basic Agrarian Law and the lawful cause requirement under the Indonesian Civil Code. Bali Regional Regulation 4/2026 provides a legal framework for prohibiting nominee arrangements and addressing their impact on productive land conversion, yet it leaves unresolved normative issues concerning parties acting as intermediaries, facilitators, or providers of means. Notaries therefore play a strategic preventive role through the preparation of authentic deeds, implementation of prudential principles, identification of beneficial owners, and application of the Principle of Recognizing Service Users. Regulatory harmonization is required to strengthen legal certainty and improve the effectiveness of preventing nominee-based land control and productive land conversion.
The Role of Notaries in Preventing Nominee Arrangements: Legal Certainty and Productive Land Conversion I Ketut Agus Pramana Putra; I Putu Bagus Padmanegara; I Wayan Novy Purwanto; Matias Valenzuela
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p06

Abstract

Nominee arrangements have become a prevalent mechanism for circumventing restrictions on foreign ownership of land under Indonesian agrarian law, particularly in regions experiencing intensive tourism and investment development. Beyond raising questions concerning the legality of land ownership, such arrangements contribute to productive land conversion and create challenges for legal certainty and land governance. This study examines the legal construction of nominee arrangements under Bali Regional Regulation Number 4 of 2026 concerning the Control of Productive Land Conversion and the Prohibition of Nominee-Based Land Ownership Transfer, as well as the role of notaries in preventing such practices. Employing normative legal research, this study applies statutory and conceptual approaches through the analysis of legislation, legal doctrines, and relevant scholarly literature. The findings demonstrate that nominee arrangements constitute a form of legal circumvention that conflicts with the nationality principle under the Basic Agrarian Law and the lawful cause requirement under the Indonesian Civil Code. Bali Regional Regulation 4/2026 provides a legal framework for prohibiting nominee arrangements and addressing their impact on productive land conversion, yet it leaves unresolved normative issues concerning parties acting as intermediaries, facilitators, or providers of means. Notaries therefore play a strategic preventive role through the preparation of authentic deeds, implementation of prudential principles, identification of beneficial owners, and application of the Principle of Recognizing Service Users. Regulatory harmonization is required to strengthen legal certainty and improve the effectiveness of preventing nominee-based land control and productive land conversion.
Co-Authors I Ketut Agus Pramana Putra I Putu Bagus Padmanegara Made Putra Darma Yasa Matias Valenzuela