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All Journal Eduvest - Journal of Universal Studies Jurnal Kajian Pembaruan Hukum
Anda Setiawati
Universitas Trisakti, Indonesia
Aerospace Engineering Computer Science & IT Health Professions Neuroscience Social Sciences

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A Juridical Study on the Transfer of Land Rights for Afwezigheid Dinda Keumala; Setiyono; Khairani Bakri; Anda Setiawati; Aghna Zarra Amani
Jurnal Kajian Pembaruan Hukum Vol. 6 No. 1 (2026): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v6i1.53696

Abstract

The transfer of land rights in Indonesia is fundamentally grounded in the principles of legal certainty and justice within the national agrarian system. However, legal complexities arise when the rightful landowner is in a state of afwezigheid (absence), a situation in which the legal subject's absence creates vulnerabilities in the validity and registration of land transfers. The research problems in this study are the procedures for transferring rights to land and/or buildings for people whose whereabouts are unknown (afwezigheid), and the legal considerations regarding the institution for determining a person's absence according to the Civil Code for land registration purposes, in accordance with the principles of justice and legal certainty. This research employs a normative juridical method with a qualitative approach, analysing statutory regulations, legal doctrines, and court decisions related to land transfers involving absentee owners. The study examines procedures for transferring land rights under conditions of absence, the role of judicial determinations as a substitute for the deed issued by the Land Deed Official (PPAT), and the supervisory function of courts in safeguarding the rights of absentee owners. Findings indicate that Indonesian courts play a pivotal role in balancing the principles of justice and legal certainty by validating materially lawful transactions conducted in good faith and providing a juridical basis for land registration when formal requirements cannot be fulfilled due to absence. The study concludes that judicial decisions function as an essential corrective mechanism within the land administration system. Strengthening regulatory clarity regarding afwezigheid in land transfers is necessary to enhance coherence, fairness, and sustainability in Indonesia’s land law framework.
Asean Paradox: Between Asean's Commitment to Migrant Worker Protection and the Protection of Indonesian Migrant Workers Yogo Pamungkas; Anda Setiawati; Andari Yurikosari; Mohamad Fauzan
Eduvest - Journal of Universal Studies Vol. 5 No. 12 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i12.52549

Abstract

ASEAN has created various instruments to protect migrant workers, such as the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (2007) and the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers (2017). However, despite these regional commitments, Indonesian migrant workers (PMI) continue to face exploitation, discrimination, and inadequate legal protection. This study aims to evaluate the effectiveness of ASEAN instruments in protecting migrant workers by analyzing the gaps between regional policies, national regulations, and bilateral agreements. Using a qualitative approach with document analysis, this research examines ASEAN instruments, Indonesian regulations, and bilateral agreements to identify implementation challenges, problems, and possibilities. The results show that ASEAN's ineffectiveness stems from the inadequate binding force of the instruments, lack of enforcement mechanisms, weak coordination among member states, and minimal participation of migrant workers in the policy process. These findings demonstrate significant disparities between stated commitments and actual protection outcomes for Indonesian migrant workers. This research makes theoretical contributions by enriching the literature on regional governance and practical implications by offering policy recommendations to strengthen the protection of migrant workers in the ASEAN region.
Co-Authors Aghna Zarra Amani Andari Yurikosari Dinda Keumala Khairani Bakri Mohamad Fauzan Setiyono Yogo Pamungkas