Siti Nurbaiti
Universitas Trisakti, Indonesia

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Export Prohibition on Cultural Heritage Objects in NIAC: Study of Tangerang City Under Humanitarian Law Arlina Permanasari; Siti Nurbaiti; Maya Indrasti Notoprayitno; Nursyahrani Tiara Ramadhan
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47704

Abstract

Protecting cultural heritage during non-international armed conflicts remains a significant challenge for the enforcement of International Humanitarian Law, especially given the rising instances of intentional or accidental destruction of cultural sites in recent decades. This study aims to explores the role of national legal mechanisms and analyzes the legal consequences of cultural heritage preservation, emphasizing its economic aspects. This research applies normative legal methods to analyze a range of international instruments, including the 1954 Hague Convention, the 1999 Second Protocol, and UN Security Council Resolution 2347 (2017), along with soft law sources such as Customary IHL and the 2024 Joint Declaration. The study's results indicate that applying international rules to the Indonesian national legal framework, particularly regarding the prohibition on exporting cultural heritage objects, can serve as a crucial preventive measure. However, at the national level, the Regulation still needs to be strengthened through more technical operational mechanisms, inter-agency cooperation, and the participation of individuals and indigenous peoples, based on international provisions that the world community has accepted.
Legal Certainty Assurance for Third Parties in Disputed Land Transactions Nico Nico; Aloysius Uwiyono; Siti Nurbaiti
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 4 (2026): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i4.2421

Abstract

Legal certainty for third parties in disputed land transactions remains a significant issue in Indonesia’s land law system, particularly where registered ownership is challenged by competing claims. Although previous studies have examined land registration and legal protection for landowners, further analysis is needed of how the evidentiary status of land certificates and the principle of good faith affect third-party protection in disputed transactions. This study aims to analyze the legal framework governing the protection of third parties in disputed land transactions and identify the limitations of existing legal mechanisms. It employs normative juridical research using a statutory approach, with relevant legislation and legal literature as the primary materials of analysis. The findings indicate that land certificates constitute strong evidence of ownership but do not eliminate the possibility of competing claims, leaving third parties exposed to legal uncertainty. The effectiveness of protection consequently depends on the validity of the underlying title, the assessment of good faith, and the consistency of land registration and dispute resolution mechanisms. This study highlights the need to strengthen the accuracy of land registration records and the application of legal standards for protecting good-faith third parties. These findings contribute to the evaluation of Indonesia’s land law framework and provide a basis for further research into administrative practices and judicial decisions concerning disputed land ownership.