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All Journal Jurnal Hukum Sehasen International Journal of Humanities Education and Social Sciences
Subekti Subekti
Dr. Soetomo University, Surabaya, East Java, Indonesia
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Analysis of Forged Property Rights Certificates Used as Collateral by Banks Wimbo Bintoro; Yoyok Ucuk Suyono; Subekti Subekti; M. Yustino Aribawa; Bachrul Amiq
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 6 (2026): IJHESS JUNE 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i6.2318

Abstract

The use of land title certificates (Sertifikat Hak Milik/SHM) as collateral in Indonesian banking practices faces a significant legal and institutional gap due to the proliferation of counterfeit documents. This study investigates the normative inadequacies that fail to protect bona fide creditors from the consequences of forged SHM. Using a normative juridical method, this doctrinal legal research analyzes statutory instruments, case law, and legal doctrines, particularly Government Regulation No. 24/1997, Law No. 10/1998, and the Basic Agrarian Law. Findings reveal persistent structural weaknesses in certificate verification systems, institutional fragmentation, and a lack of preventive legal frameworks. The absence of electronic authentication mandates, strict liability for negligent PPATs or notaries, and civil protection for defrauded creditors underscores systemic risk. The study proposes a Unified Certificate Verification System (SVST), mandatory digital verification, blockchain-based registration, land title insurance, and legal reform to enforce due diligence and institutional accountability. It concludes that Indonesia’s current framework fails to ensure legal certainty and justice for financial institutions, and urgent structural reform is needed to enhance transparency, minimize transactional risks, and restore public trust in land-based financial transactions.
Criminal Violence Among Prisoners from a Human Rights Perspective under Law No. 22/2022 Ariyanto Ariyanto; Dudik Djaja Sidarta; Yoyok Ucuk Suyono; Subekti Subekti; Renda Aranggraeni
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 6 (2026): IJHESS JUNE 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i6.2322

Abstract

Violence among prisoners remains a significant challenge in correctional institutions and raises serious concerns regarding the protection of human rights within custodial environments. Although Indonesia has enacted Law No. 22 of 2022 concerning Corrections to strengthen the protection of prisoners’ rights, incidents of inmate violence continue to reveal gaps between normative legal guarantees and practical implementation. This study examines how the Indonesian correctional legal framework regulates prisoners’ rights and evaluates the effectiveness of existing legal mechanisms in preventing violence within correctional institutions. The research employs a qualitative normative (doctrinal) legal approach through the analysis of constitutional provisions, statutory regulations, international human rights instruments, and legal doctrines governing correctional administration and prisoners’ rights. The findings indicate that Indonesian correctional law has incorporated human rights principles consistent with international standards, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Nelson Mandela Rules. However, several regulatory limitations persist, particularly the absence of detailed operational standards under Law No. 22 of 2022 and its implementing regulations, inadequate provisions concerning risk-based inmate classification, conflict prevention mechanisms, institutional accountability, and weak coordination among supervisory institutions. These shortcomings limit the effective implementation of human rights protection in correctional practice. Strengthening prisoners’ rights protection therefore requires doctrinal and institutional reforms through clearer derivative regulations, stronger accountability frameworks, and enhanced coordination among oversight bodies. Such reforms would improve institutional security while ensuring that correctional institutions protect human dignity and uphold prisoners’ fundamental rights
Implementation Of Fisheries Commodity Shipments From Ambon By The Company Agusnal Fitralius Hakim; Nur Handayati; Wahyu Prawesthi; Subekti Subekti; Bachrul Amiq
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10804

Abstract

The fisheries sector plays a strategic role in Indonesia's economic development as an archipelagic country with abundant marine resources. In addition to being a source of food, this sector is also a leading export commodity that contributes to the country's foreign exchange. Law No. 31 of 2004 stipulates that every fishing business must have a permit, and every shipment of fishery products must be accompanied by valid documents such as SKAI and quarantine certificates. However, practices in the field still show violations of these provisions, such as the shipment of fish without complete documents and not through official ports of call. Cases in Ambon show that shipments are often made in a hurry to meet export schedules, resulting in the neglect of legal aspects. This condition is exacerbated by weak supervision, limited supervisory human resources, and abuse of authority. As a result, the country stands to lose in terms of revenue and export reputation. From a criminal law perspective, such violations are punishable under Article 93 of Law No. 31 of 2004, with a maximum penalty of 6 years imprisonment and a fine of Rp 2 billion. Although administrative and criminal sanctions are available, their implementation still faces challenges in terms of enforcement and legal certainty.
Law Enforcement of Violent Theft in Indonesia: Analysis of Decision 201/Pid.B/2024/PN Ktg Dino Dwi Aristo; Yoyok Ucuk Suyono; Dudik Djaja Sidarta; subekti Subekti; Hartoyo Hartoyo
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 6 No 1 (2026): IJHESS AUGUST 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v6i1.2317

Abstract

Robbery constitutes a serious criminal offense in the Indonesian criminal justice system because it combines the unlawful appropriation of property with the use or threat of violence against victims. Although Article 365 of the Indonesian Criminal Code provides a legal framework for regulating violent theft, judicial practice often encounters interpretative challenges regarding the elements of violence, aggravating circumstances, and sentencing proportionality. This study aims to analyze the legal construction of robbery under Article 365 of the Criminal Code, examine the judicial reasoning (ratio decidendi) in Decision Number 201/Pid.B/2024/PN Ktg, and evaluate the decision’s consistency with the principles of criminal liability, proportional punishment, and legal certainty. The research employs a qualitative normative legal method using statutory, case-based, conceptual, and analytical approaches by examining primary legal materials such as the Criminal Code, the Criminal Procedure Code, and the relevant court decision, supported by secondary and tertiary legal sources. The findings indicate that the court systematically assessed the relationship between factual evidence and statutory elements of the offense and confirmed the fulfillment of both actus reus and mens rea in establishing criminal liability. The judgment also reflects the application of the proportionality principle in sentencing. However, interpretative discretion regarding violence and aggravating circumstances may lead to inconsistencies in judicial decisions. Therefore, this study recommends strengthening judicial interpretation guidelines and developing an integrated judgment database to enhance doctrinal consistency, legal certainty, and transparency in criminal law enforcement in Indonesia.
Co-Authors Agusnal Fitralius Hakim Ariyanto Ariyanto Bachrul Amiq Dino Dwi Aristo Dudik Djaja Sidarta Hartoyo Hartoyo M. Yustino Aribawa Nur Handayati Renda Aranggraeni Wahyu Prawesthi Wimbo Bintoro Yoyok Ucuk Suyono