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All Journal Journal Customary Law Al-battar: Jurnal Pamungkas Hukum
Amrullah
Universitas Borobudur
Law, Crime, Criminology & Criminal Justice Other

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The Ambivalence of the Nemo Plus Juris Principle in the Validity of Land Transactions in the Digital Verification System Amrullah; Megawati Barthos
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5854

Abstract

The digitalization of land administration has driven fundamental changes in how the validity of land rights transactions is understood and applied in legal practice. The implementation of electronic certificates, database integration, and digital verification mechanisms has strengthened public reliance on the registration system as a source of administrative legitimacy. This development has given rise to normative ambivalence regarding the principle of nemo plus juris, which classically asserts that a person cannot transfer rights beyond what they own. When system data becomes the primary reference for verification, tension arises between the substantive truth of ownership and the administrative validity based on digital registration. This study aims to analyze the paradigm shift in the validity of land transactions in the digital era and formulate a conceptual reconstruction that balances the protection of original owners with the need to maintain legal certainty and transaction stability. The method employed is normative legal research with a limited statutory, conceptual, and comparative approach, through an analysis of the Basic Agrarian Law, Government Regulations on Land Registration, electronic certificate regulations, and electronic system provisions. The results reveal a dualism in validity between substantive and systemic aspects, which has the potential to create legal uncertainty if not clearly regulated. Reliance on digital systems broadens the meaning of legal legitimacy, but also presents the risk of systemic error and an incompletely defined distribution of responsibility. Reconstruction of the validity model is necessary through a reinterpretation of the nemo plus juris principle that adapts to technology, the establishment of digital verification-based due diligence standards, and the development of a legal protection model based on risk allocation. This approach is expected to strike a balance between the efficiency of digitalization and the protection of substantive ownership rights in the modern land system.
Comparison Of Islamic Inheritance Law System And Civil Inheritance Law In Realizing Justice And Legal Certainty In Indonesia Amrullah; Subianta Mandala
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.438

Abstract

A crucial component of the legal system that governs how the testator's posthumous assets are divided among his heirs is inheritance law. Indonesia now has two different systems of inheritance law in place: civil inheritance law and Islamic inheritance law. Islamic inheritance law is based on the Qur'an, Hadith, and the Compilation of Islamic Law (KHI), whereas civil inheritance law is regulated by the Civil Code (KUHPer). These two systems have differences principles, distribution mechanisms, and dispute resolution. These differences are often a source of problems in practice, especially for people between the two legal systems. Therefore, the purpose of this study is to compare Indonesian civil and Islamic inheritance laws in order to give a more thorough understanding of their traits, parallels, and divergences. The study employs a comparative legal perspective and a normative legal research methodology. The legal provisions found in both Islamic and civil law's inheritance-related laws and regulations are examined using the normative legal approach. To find the distinctions and parallels between the two legal systems, a comparative legal technique is also employed. This study's data sources include secondary legal documents like books and pertinent periodicals, as well as main legal materials like the Indonesian Compilation of Laws, the Civil Code, and other laws. It is anticipated that this study will aid in the development of Indonesian inheritance law, particularly by offering suggestions for initiatives to unify civil and Islamic inheritance laws in order to establish legal clarity and fairness in the distribution of inheritance in society
Co-Authors Megawati Barthos Subianta Mandala