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Herlindah
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Legal Protection for Housing Developers under Protected Rice Field Policy Nolanda Fadiahaya Trigosa; Herlindah; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.332

Abstract

This research examines the legal implications arising from the unilateral conversion of land ownership status into Protected Rice Fields (Lahan Sawah Dilindungi or LSD) in Madiun Regency following the issuance of the Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Decree of the Minister of ATR/BPN) Number 1589/SK-HK.02.01/XII/2021 of 2021. The designation creates legal uncertainty for housing developers who had previously obtained legal land rights based on Regional Regulation Number 9 of 2011 concerning the Spatial Plan of Madiun Regency for 2009–2029. The absence of synchronization between the LSD policy and the Regional Spatial Plan (RTRW) generates normative inconsistencies, resulting in legal and economic losses for developers. This study, therefore, seeks to analyze the legal status of the LSD designation and the forms of legal protection available for affected developers. Using a normative juridical method with statute, conceptual, and case approaches, the research analyzes primary, secondary, and tertiary legal materials through descriptive-analytical techniques employing grammatical and systematic interpretation. The findings show that the legal position of the Ministerial Decree is problematic in both authority and hierarchy. Although the Ministry of ATR/BPN possesses attributive authority to establish LSD, implementing such designation without harmonization with regional spatial planning constitutes an overextension of authority and ignores decentralization principles. As a result, the decree holds weak normative force and should be considered an administrative policy requiring alignment with regional regulations. Furthermore, legal protection for developers may be provided preventively through regulatory harmonization between RTRW and LSD policies, and repressively through administrative remedies or judicial review before the Administrative Court (PTUN), including claims based on on-rechtmatige overheidsdaad.
The Urgency of Legal Regulation On Investigator Authorization To Seize And Obtain Original Notarial Deeds Fauza Shofia; Herlindah; M. Sudirman
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.366

Abstract

This study examines the urgency of regulating and harmonizing the authority for the seizure and confiscation of notarial minutes in the Indonesian legal system. Minutes of deeds, as part of notarial protocol, have a special character as authentic evidence containing high evidentiary value, official confidentiality, and the legal interests of the parties. On the other hand, the need to enforce criminal law requires access to these documents, especially in the context of proving cases. This condition creates a gap between regulations in criminal procedure law and notarial law, especially regarding the authority of the Notary Honorary Council and the Chief Justice of the District Court. This study aims to analyze the philosophical, sociological, and juridical basis of these regulations, and formulate an appropriate form of harmonization to create legal certainty, justice, and benefit. The research method used is normative juridical with a statutory and conceptual approach, which examines various related legal norms and relevant legal doctrines. The results of the study indicate that the current regulations still cause partial disharmony, especially regarding the mechanism for confiscating original minutes of deeds, which has not been explicitly regulated. Therefore, normative harmonization is needed that places protection of deed minutes as a primary principle, while still allowing limited scope for seizure under exceptional circumstances. This harmonization must emphasize the functional relationship between the authority of the Notary Honorary Council as an ethical-professional filter and the Chief Justice of the District Court as a judicial supervisor, thus creating a balance between the protection of the notary's office and the effectiveness of criminal law enforcement
Regulatory Framework for Social Mapping  in Structuring Access to Agrarian Reform Nur Laili Safitri; Herlindah; Arini Jauharoh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.377

Abstract

the structuring of agrarian reform access and to formulate an ideal regulatory framework to ensure legal certainty. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis applies grammatical, systematic, and constructive interpretation of primary, secondary, and tertiary legal materials obtained through library research. The novelty of this study lies in its analysis of social mapping as a lex imperfecta under Article 58 paragraph (1) of Presidential Regulation Number 62 of 2023. This study also proposes a legal reconstruction that positions social mapping as a normative prerequisite for ensuring legal certainty in agrarian reform access structuring. The findings reveal that the incomplete regulation of social mapping creates multiple interpretations, weak verification mechanisms, and the absence of sanctions. These conditions result in inaccurate access structuring, low effectiveness in empowering agrarian reform subjects, and an increasing potential for agrarian conflicts. Based on the legal certainty theory of Gustav Radbruch, the regulation has not fulfilled the principle of legal certainty because it is not formulated clearly and operationally. This study recommends legal reconstruction by establishing social mapping as a mandatory procedure supported by standardized operational guidelines, participatory verification mechanisms, Key Performance Indicators (KPI), and clear sanction provisions in order to create a more effective, measurable, and equitable agrarian reform access system.
Legal Certainty of State Land as an Object of Waqf Muhammad Ferdynan Alfareza; Herlindah; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.390

Abstract

This research aims to critically analyze the legal certainty of state land as a waqf object within the Indonesian legal system, particularly regarding the legal position of the state as the holder of the right to control land and the validity of the Waqf Pledge Deed over state-controlled land. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal sources in the form of agrarian and waqf-related legislation, secondary legal sources including books, journals, and expert opinions, and tertiary legal materials supporting the analysis. The findings demonstrate that the state does not possess legal standing as a waqif because the state’s right to control land constitutes a public authority to regulate and administer land rather than a proprietary right within private law. Consequently, state land cannot directly become an object of waqf without the prior granting of land rights. Furthermore, the validity of a Waqf Pledge Deed concerning state land is highly dependent on the legal status of the land. Such a deed may be deemed invalid if it is established over pure state land that has not been subject to specific land rights, as it fails to fulfill the ownership requirement of the waqif. The novelty of this research lies in its analysis of the normative conflict between agrarian law and waqf law concerning the legality of state land as a waqf object, as well as in clarifying the limits of state authority in land waqf practices in Indonesia.
Digital Storage of Notarial Deed Minutes in Society 5.0. Maulana Ibrahim Patahna; Herlindah; Heru Ratno Hadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.404

Abstract

The development of information technology in the Society 5.0 era has accelerated digital transformation across various sectors, including the management of notarial records. This study aims to analyze the urgency of regulating the digital storage of notarial deed minutes and to formulate an ideal legal framework for such regulation within the Indonesian legal system. This research employs a normative legal method using statutory, conceptual, and comparative approaches by examining the Law on Notarial Office, the Electronic Information and Transactions Law, the Personal Data Protection Law, and regulations governing electronic systems. The research gap lies in the absence of a comprehensive study integrating the analysis of regulatory gaps, normative inconsistencies, and the formulation of a regulatory model for digital storage of notarial deed minutes within the framework of notarial law reform. Previous studies have generally focused only on the legality of cyber notary practices, the validity of electronic documents, or digital storage as a data backup mechanism. The findings indicate that the digital storage of notarial deed minutes lacks an adequate legal basis because the Law on Notarial Office still recognizes only physical storage, while the electronic document regime excludes notarial deeds. This situation creates regulatory gaps, legal uncertainty, and juridical, technical, and ethical risks in notarial practice. The novelty of this study lies in proposing a regulatory model integrating legal certainty, legal protection, data security, electronic system accountability, and regulatory harmonization as the foundation for notarial law reform. The study recommends the enactment of comprehensive regulations to support a secure, effective, and sustainable digital notarial system in Indonesia.
Co-Authors Arini Jauharoh Fauza Shofia Heru Ratno Hadi Indah Dwi Qurbani M. Sudirman Maulana Ibrahim Patahna Muhammad Ferdynan Alfareza Nolanda Fadiahaya Trigosa Nur Laili Safitri Supriyadi