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All Journal SIGn Jurnal Hukum Jurnal Sipakatau
Agus Surono
Universitas Pancasila, Indonesia
Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Criminal Liability of a Notary as a Co-Perpetrator in Embezzlement of Entrusted Funds in Land Transactions Petra Roni Togar; Agus Surono; Maslihati Nur Hidayati
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.705

Abstract

This study examines the outer limits of the shift in a Notary’s official responsibility from the administrative sphere to criminal liability for an act beyond authority (ultra vires), namely holding land transaction funds in a personal account through an unauthorized escrow arrangement. This study aims to dogmatically analyze the transformation of procedural malpractice into co-perpetration in embezzlement, examine the proof of trial facts at first instance, and critically evaluate the correction of enforceable custodial sanctions by the High Court and the Supreme Court. This study employs doctrinal legal research using the statute approach, the conceptual approach, and complete legal chain analysis across three judicial levels. The results show that the Defendant’s failure to comply with the protocol requiring the physical presence of appearers in drawing up a power of attorney to sell constituted an act of commission that served as an enabling factor for the commission of the substantive offence. The Defendant’s unilateral control over the settlement funds and fabrication of backdated receipts were qualified as active acts satisfying all elements of embezzlement in the form of co-perpetration (medeplegen). This study concludes that the conditional sentence imposed by the Jombang District Court exceeded the proper limits of judicial discretion. This error was properly corrected by the Surabaya High Court and affirmed by the Supreme Court, which imposed a seven-month enforceable custodial sentence to uphold general deterrence and restore public trust. The policy implication of this study confirms that the Defendant’s dishonourable dismissal from the office of Notary must be pursued through the operation of Article 12 letter c of Law Number 30 of 2004 upon the proposal of the Central Supervisory Council, because the Defendant’s conduct was proven to degrade the dignity of the office.
Formulating The Principle of Intermediary Liability Based On John Rawls' Distributive Justice Maslihati Nur Hidayat; Agus Surono; Tubagus Achmad Darodjat
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 3 (2026): April
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i3.596

Abstract

The rapid expansion of Indonesia’s digital economy has transformed platform-based marketplaces into central infrastructures of economic exchange, yet the existing intermediary liability regime under the Electronic Information and Transactions Law (ITE Law) and Ministerial Regulation No. 5/2020 remains predominantly reactive and procedurally oriented. This study examines whether the current safe harbour framework is adequate to ensure substantive justice in digital governance, particularly in relation to risk distribution between platforms, consumers, and micro-entrepreneurs. The objective of this research is to reformulate intermediary liability principles using John Rawls’ theory of distributive justice, especially the principles of fair equality of opportunity and the difference principle. The study employs normative legal research with statutory, conceptual, and philosophical approaches, using Rawlsian justice as an evaluative framework for Indonesia’s platform governance regime. The findings indicate that the notice-and-takedown system under current regulation creates structural asymmetries by shifting evidentiary burdens and enforcement responsibility to users, while platforms retain conditional immunity. This condition results in distributive imbalance in digital market participation and weak protection for vulnerable actors, particularly consumers and micro-sellers. This study contributes theoretically by extending Rawlsian distributive justice into intermediary liability regulation, arguing that digital platforms should be understood as institutional actors responsible for maintaining background justice in digital markets. Normatively, the study proposes a shift toward a proactive liability model based on five principles: proportional duty of care, transparency of algorithmic governance, no-fault compensation mechanisms, inclusive seller verification, and independent algorithmic audits. These principles provide a normative foundation for reforming Indonesia’s intermediary liability regime under the ITE Law and its implementing regulations toward a more equitable and accountable digital governance framework.
Implementation of Forest Area Regulation and Environmental Justice Challenges in Indonesia under Presidential Regulation No. 5 of 2025 Agus Surono; Sadino Sadino; Zaitun Abdullah; Agung Iriantoro; Adnan Hamid; Maslihati Nur Hidayati
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 1 (2025): December
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i1.603

Abstract

Background: Indonesia’s forest governance continues to face challenges such as overlapping land claims, agrarian conflicts, and institutional fragmentation. Presidential Regulation No. 5 of 2025 establishes a cross-sectoral Forest Area Order and Enforcement Task Force (PKH Task Force) to accelerate forest recovery and improve legal certainty. However, concerns remain regarding data reliability and social justice in its implementation. Objective: This study examines the implementation of forest area regulation under Presidential Regulation No. 5 of 2025, focusing on governance effectiveness, socio-ecological impacts, and the relationship between enforcement mechanisms and environmental justice. Methods: A qualitative socio-legal approach was employed, combining normative juridical analysis, focus group discussions, field observations, and comparative policy review. Data were analyzed using thematic content analysis and cross-case comparison. Results: Findings show that the PKH Task Force recovered approximately 3.3 million hectares of forest land by September 2025. Despite this achievement, structural issues persist, including inconsistent spatial data, overlapping customary land claims (17.6–24.4 million hectares), and unequal enforcement between large-scale actors and smallholders. Limited community participation has contributed to ongoing socio-ecological tensions. In contrast, participatory schemes such as PPTPKH/TORA (3.04 million hectares) and social forestry programs (4.1 million hectares involving over 800,000 households) indicate more inclusive governance outcomes. Conclusion: Forest governance reform demonstrates strong administrative performance but limited social legitimacy. Effective implementation requires integrating distributive, procedural, and restorative justice principles supported by participatory and integrated data governance systems. Limitations: The study is based on secondary data and selected qualitative cases, which may not fully represent regional variations in Indonesia
Co-Authors Adnan Hamid Agung Iriantoro Maslihati Nur Hidayat Maslihati Nur Hidayati Petra Roni Togar Sadino Sadino Tubagus Achmad Darodjat Zaitun Abdullah