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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Jurnal HAM
Souad Ezzerouali
College of Law, Dhofar University, Oman
Law, Crime, Criminology & Criminal Justice Social Sciences

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Netralitas Aturan, Ketidaksetaraan Dampak: Diskriminasi Tidak Langsung dan Kesetaraan Pendidikan dalam Tata Kelola Beasiswa Internasional Abubakar Muhammad jibril; Souad Ezzerouali
Jurnal HAM Vol 17 No 2 (2026): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.85-98

Abstract

International scholarship schemes are widely promoted as instruments for advancing educational access and human capital development, particularly in the Global South. Yet their administrative governance frameworks may unintentionally undermine these objectives. This study examines how eligibility requirements and documentation procedures within international scholarship systems shape substantive equality of educational access. Adopting a qualitative socio-legal methodology, the study analyses scholarship policies, administrative regulations, and institutional practices against international human rights standards, particularly Article 13 of the International Covenant on Economic, Social and Cultural Rights and General Comment No. 13 of the Committee on Economic, Social and Cultural Rights. The findings indicate that procedurally uniform requirements, especially those governing documentation timing and administrative compliance, may generate indirectly discriminatory effects by disproportionately disadvantaging academically qualified applicants from structurally under-resourced educational contexts. Such governance practices may further encourage strategic procedural adaptation among applicants, thereby distorting merit-based selection. The study recommends greater procedural flexibility, including conditional admissions mechanisms and context-responsive documentation policies, to better align scholarship administration with substantive equality and the right to education.
Characteristics of Granting Mortgage Rights Deed by a Land Deed Official as an Authentic Deed Septian Putri Nindiasari; Firman Floranta Adonara; Bhim Prakoso; Souad Ezzerouali
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol. 10 No. 1 (2026): June 2026
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v10i1.12457

Abstract

The encumbrance of mortgage rights must be executed through an authentic deed to ensure legal certainty and protect the banking sector in credit disbursement. The form, content, and procedure for executing the deed of granting mortgage rights by a land deed official, which serves as the basis for encumbering mortgage security over a credit facility, are determined by the Regulation of the Head of the National Land Agency Number 8 of 2012. However, under Article 1868 of the Civil Code, an essential element of an authentic deed is that its form must be determined by statute, not by ministerial regulation. This discrepancy casts doubt on the authenticity of the deed of granting mortgage rights and may adversely affect the banking sector. This study employs a normative juridical legal research method. The results indicate that an authentic deed must be executed in a form determined by statute, by or before an authorized public official, and at the place where the deed is executed. Because the form and procedure of the deed of granting mortgage rights are regulated only by policy regulations that rank below statutes, the deed does not fully satisfy Article 1868 and may hold the status of a private deed. The study proposes a future regulatory framework to ensure legal certainty by strengthening formal legislation governing the execution of the deed of granting mortgage rights. Specifically, it recommends regulating the office and authority of land deed officials at the statutory level to guarantee the deed’s authenticity and legal force.
Co-Authors Abubakar Muhammad jibril Firman Floranta Adonara Prakoso, Bhim Septian Putri Nindiasari