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All Journal JURNAL ILMIAH LIVING LAW Glosains: Jurnal Sains Global Indonesia
Irnie Wahida Putri
Universitas Pancasila
Law, Crime, Criminology & Criminal Justice

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Kajian Hukum Pelanggaran Kewenangan Notaris Dalam Membuka Kantor Cabang Untuk Jasa Hukum Dikaitkan dengan Kode Etik Notaris R. Yuniar Anisa Ilyanawati; Tasya Aurellya; Irnie Wahida Putri; Tetti Samosir
JURNAL ILMIAH LIVING LAW Vol. 17 No. 1 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i1.16388

Abstract

The purpose of this research is to analyze violations of notary authority in opening branch offices for legal services that are not in accordance with the Notary Code of Ethics and Law Number 30 of 2004 juncto Law Number 2 of 2014 concerning the Position of Notaries (UUJN), which is suspected of violating the principles of authority and accountability, even though it is explicitly prohibited by UUJN. This research method uses a normative juridical method with a statutory approach and analysis of the Notary's Code of Ethics. The research results show that the opening of a branch office by a notary violates the applicable provisions in the UUJN and the Notary Code of Ethics, which aim to maintain the integrity and accountability of the profession. The conclusion of this research states that the act of opening a branch office is contrary to the principles of notary professionalism and can result in legal and ethical sanctions. The suggestion put forward is the importance of increasing supervision by the Indonesian Notary Association (INI) and stricter law enforcement to prevent similar violations in the future.
Study of Legal Certainty on Building Waqf on Customary Land R. Yuniar Anisa Ilyanawati; Tasya Aurellya; Andes Agustian Pratama; Irnie Wahida Putri; Tetti Samosir
Glosains: Jurnal Sains Global Indonesia Vol. 7 No. 4 (2026): Glosains: Jurnal Sains Global Indonesia
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/glosains.v7i4.854

Abstract

Background: Waqf plays significant religious and social roles in Indonesia, including supporting religious, educational, and community facilities. However, waqf buildings established on uncertified customary land encounter legal uncertainty due to differences between customary law, Islamic law, and the national land registration system. Objective: This study examines the juridical status of waqf buildings established on customary land that has not been formally registered or certified under Indonesian national land law. Methods: This study applies normative legal research using a statutory approach. Legal materials were obtained through library research, including legislation, legal doctrines, academic literature, and regulatory documents. The data were analyzed qualitatively through legal interpretation, systematization, and evaluation of legal norms related to waqf and uncertified customary land. Results: The findings reveal legal dualism arising from the interaction of Islamic law, customary law, and positive law. Although waqf may be recognized as valid from religious and customary perspectives, the absence of formal registration and certification limits its legal recognition and protection within the national legal system. This situation creates uncertainty regarding the management, protection, and sustainability of waqf assets and increases the risk of disputes and competing claims. Conclusion: Harmonization between customary law and national land law is necessary to strengthen legal certainty for waqf assets on uncertified customary land. The Isbat Waqf mechanism through the Religious Court offers a potential solution to recognize undocumented historical waqf and improve legal protection and governance of waqf in Indonesia.
Co-Authors Andes Agustian Pratama R. Yuniar Anisa Ilyanawati R. Yuniar Anisa Ilyanawati Tasya Aurellya Tetti Samosir