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All Journal Lex Jurnalica (Ilmu Hukum) Jurnal Ilmiah Hukum dan Dinamika Masyarakat Qistie: Jurnal Ilmu Hukum Rechtsidee Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial JURNAL PENDIDIKAN TAMBUSAI Awang Long Law Review Unes Law Review Journal of Humanities and Social Studies JISIP: Jurnal Ilmu Sosial dan Pendidikan JURNAL HUKUM dan KENOTARIATAN Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Adigama Alauddin Law Development Journal (ALDEV) Jurnal JURISTIC (JuJUR) Indonesian Journal of Law and Economics Review JIHAD : Jurnal Ilmu Hukum dan Administrasi SUPREMASI Jurnal Hukum Jurnal Tunas Agraria Jurnal Sosial dan Teknologi Jurnal Yustitia Interdisciplinary Social Studies Jurnal Konstitusi International Journal of Multidisciplinary Research and Literature (IJOMRAL) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Comprehensive Science Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Jurnal Ilmu Multidisplin QISTINA: Jurnal Multidisiplin Indonesia Jurnal Sosial dan Sains Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Innovative: Journal Of Social Science Research Mutiara: Multidiciplinary Scientifict Journal Tasyri' RechtIdee Bhinneka Multidisiplin Journal Rechtsvinding Journal of Law and Justice Jurnal Ilmu Multidisiplin Joong-Ki Academia Open
Djaja, Benny
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EFFECTIVENESS OF LEGAL PROTECTION FOR LAND RIGHTS CERTIFICATE HOLDERS AGAINST UNLAWFUL THIRD-PARTY CLAIMS Mohamad, Alwi Rany; Djaja, Benny
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1564

Abstract

Legal protection for land rights certificate holders is a crucial aspect in realizing legal certainty in the agrarian sector. Land certificates, which are supposed to be the strongest evidence of ownership, still often face challenges in the form of claims from third parties that do not have a legal basis, such as oral inheritance claims, physical possession without certificates, or unrecorded customary recognition. This study aims to analyze the effectiveness of legal protection for land certificate holders in dealing with these claims. The method used is normative juridical with a case study approach, which examines national regulations such as the Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation No. 24 of 1997 concerning Land Registration as well as a number of court decisions, including cases involving unilateral cancellation of certificates. The results of the study show that although legal norms have provided strong protection through the principle of legality and the principle of legal certainty, in practice there are still gaps such as weak integration of land data, administrative inconsistency, and low public legal literacy. In addition, judicial practices are also not completely consistent in deciding land cases. Therefore, legal protection for land certificate holders has not been fully effective. It is necessary to strengthen the administrative system, strict law enforcement against claims without legal basis, and increase public understanding of the importance of formal legality in land transactions and ownership. With this step, it is hoped that Indonesia's land system will be able to provide substantive protection and prevent future agrarian disputes.
Validity of the Deed of the General Meeting of Shareholders regarding the Dismissal of Directors Without Notice and Absence Izzah , Nurul; Djaja, Benny
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.384

Abstract

This article is entitled the validity of the deed of the general meeting of shareholders regarding the dismissal of directors without notice and absenteeism, legal research methods with normative research types, using the statute approach and conceptual research approaches . The secondary data sources use primary legal materials in the form of regulations that are relevant to legal issues, and secondary legal materials which are opinions and legal theories that are relevant to the legal issues in this writing. So with this analysis, it can be concluded that the validity of the deed of the general meeting of shareholders regarding the dismissal of directors without notification and absence from the agenda of the GMS meeting that is, it is invalid, because according to the Company Law the decision cannot be taken by the GMS, if the director who will be dismissed is not present because he has not been notified of the meeting regarding his dismissal. However, the GMS deed becomes valid upon the dismissal of a director who is not present at the GMS meeting, if the director has been notified regarding his dismissal at the GMS meeting and he refuses not to attend.
Legal Regulations and Implications of Building Use Rights on Land Management Rights for Public Assets Calista , Jessica; Djaja, Benny
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.385

Abstract

This article is entitled the regulation and legal implications of building use rights over land management rights for public assets. Using legal research methods with normative research types, using statute research approaches and conceptual approaches . With the results of the analysis, the regulation regarding HGB above HPL has undergone changes which were previously regulated in PP No. 40 of 1996 concerning Cultivation Rights, Building Use Rights and Use Rights are now regulated in PP No. 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration . Conformity of HGB above HPL regulations in PP No. 18 of 2021 with the UUPA it can be said that there is no synchronization and harmonization, where in the UUPA the procedures for extending and renewing HGB must be carried out in stages and according to requirements, the land is still used and utilized properly according to the circumstances, nature and the purpose of granting rights and must obtain approval from the HPL holder. Even though in the provisions of PP no. 18 of 2021 also determines the same thing, but the provisions of Article 41 paragraph (3), especially for HGB, allow that after being granted SLF, rights can be extended and renewed.
Legal Liability of Notaries for Misuse of Certificate Custody by Third Parties: Case Analysis of Albert Riwukore Klenten, Bred; Djaja, Benny; Sudirman, Maman
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8746

Abstract

A notary, as a public official, holds legal responsibility for any document or item entrusted to them in the scope of their professional duties. This paper examines the legal liability of Notary Albert Riwukore regarding the loss of nine land ownership certificates (SHM) that were initially deposited during the credit collateral process between Rachmat (debtor) and BPR Christa Jaya Perdana (creditor). Although the SHMs were retrieved by Rachmat—its legal owner—for photocopying purposes, the retrieval lacked written consent and official documentation from the notary's office. This raised legal concerns under both civil law (tort and breach of contract) and criminal law (alleged embezzlement). The analysis reveals that the notary’s responsibility must be distinguished between administrative negligence and criminal intent. No evidence supports the presence of dolus (malicious intent), although culpa (negligence) may still be applicable. Moreover, Rachmat's voluntary action as the rightful owner to retrieve the certificates eliminates a key element of embezzlement. This study underlines the importance of meticulous documentation systems and precautionary procedures in the notarial profession to avoid potential criminalization of their official duties.
The Role of Notaries in Ensuring Legal Certainty in Acquiring Land Rights Based on Inheritance in Indigenous Communities Leriana, Helda; Djaja, Benny
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8830

Abstract

The acquisition of land rights through inheritance in customary law communities represents the continued existence of indigenous legal systems that are still recognized within Indonesia's national legal framework. However, such transfers are often undocumented within the national land registration system, resulting in legal uncertainty. In this context, notaries play a strategic role as public officials authorized to draw up authentic deeds that provide legal certainty and protection for such acquisitions. This study aims to analyze the role of notaries in ensuring legal certainty in the inheritance-based acquisition of land rights in customary law communities, as well as to identify challenges and formulate effective strategies within notarial practice. This research employs a normative and empirical juridical approach by examining statutory regulations, legal doctrines, and conducting interviews with notaries and traditional leaders. The findings reveal that notaries not only perform formal-administrative functions but also engage substantively in verifying the validity of inheritance claims based on customary law and formalizing them into legally recognized deeds. The primary challenges include the lack of written evidence, discrepancies between legal systems, and limited coordination between indigenous communities and land administration authorities. Therefore, a synergistic approach is required among notaries, customary leaders, and state institutions to develop a system of proof that accommodates customary legal realities while upholding the principle of legal certainty.
Urgensi Pengaturan Hukum di Era Digitalisasi Silalahi, Wilma; Djaja, Benny; Sudirman
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.120

Abstract

The primary purpose of this research is to examine the integration of digital technology, specifically digital certification and signatures, into the notarial process in the current legal framework. The research employs a juridical-normative legal research methodology. This approach involves analyzing existing laws, regulations, and legal principles (the “normative” aspect) to address the legal problem at hand. The findings suggest that when consumers are faced with limited choices, such as accepting unfavorable terms or discontinuing service, informational and normative conformity significantly influence continuance intention. Factors such as perceived security, service quality, satisfaction, and perceived usefulness are found to moderate the relationship between conformity and continuance intention. Additionally, previous experience, trust, and self-efficacy emerge as strong determinants of users’ willingness to reuse or abandon the service after policy disruptions. The study found that while it is technologically possible to create and sign notarial deeds digitally, there are explicitly no laws or regulations that govern this process.
Legal Protection for Injured Parties in Goods and Services Procurement Agreements Alifa, Alifa; Sudirman, Maman; Djaja, Benny
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.761

Abstract

The procurement of products and services is an important component of economic activities, both in the public and private sectors. Nevertheless, in practice, legal complications often arise, which can hinder the progress of the project and result in financial losses for all parties. Administrative errors, violations of the law, and differences in contract interpretation that result in disputes are some of them. The purpose of this study is to investigate the legal protections afforded to aggrieved parties in procurement agreements. The expected result is a reduced risk of disputes and increased transparency and effectiveness in the procurement process through an understanding of the legal aspects that govern procurement. Legal protection in disputes over the procurement of goods and services was analyzed using a qualitative method with an analytical descriptive approach in this study. Data was collected from primary legal sources, including statutes, regulations, and court rulings, as well as secondary sources, including academic journals, books, and research reports. The findings of the study show that the procurement of goods and services still faces a range of challenges, including regulatory uncertainty and less transparent practices, which hinder legal protection. Therefore, the mechanism for procurement of goods and services needs to         be improved to increase effectiveness and fairness in resolving disputes.
Legal Protection for Parties in Online Sale and Purchase Agreement Leriana, Helda; Djaja, Benny; Sudirman, Maman
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.762

Abstract

More and more people are taking advantage of the convenience offered by online shopping thanks to advances in information technology. Nevertheless, there are a number of legal issues lurking behind the convenience offered, including unclear rights and responsibilities of the parties, conflict resolution, and consumer protection from unsuitable or harmful products. The purpose of this study is to examine the strengths and weaknesses of the Indonesian legal system, evaluate the effectiveness of existing regulations, and determine the extent to which the parties to online sales and purchase agreements are legally protected. This study uses a qualitative normative juridical methodology, with information gathered from a review of laws, scientific articles, and other relevant legal documents. The results of the study show that the low level of public legal literacy and the absence of an efficient online dispute resolution process are 2 (two) areas where the laws governing consumer protection still have room for improvement. To build a secure and sustainable digital commerce ecosystem, existing legal protections for online transactions need to be optimized and legal education for consumers and business actors needs to be improved.
Tanggung Jawab Negara dalam Melakukan Pencegahan Mafia Tanah Allister, Davin; Djaja, Benny
Jurnal Ilmu Multidisiplin Vol. 4 No. 1 (2025): Jurnal Ilmu Multidisplin (April–Mei 2025)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jim.v4i1.831

Abstract

Kasus mafia tanah di Indonesia telah menjadi salah satu masalah serius yang merugikan masyarakat dan konsumen, khususnya pemilik tanah yang terlibat dalam sengketa dan pengambilalihan tanah secara ilegal. Dalam penelitian ini, penulis menganalisis dampak sosial, ekonomi, dan politik yang ditimbulkan oleh mafia tanah serta langkah-langkah yang telah diambil oleh pemerintah untuk mengatasi masalah ini.
Keadilan Substantif dalam Sengketa Agraria: Analisis Putusan Sleman dari Perspektif Maqāṣid al-Sharī‘ah Toruan, Daniel Natanael Lumban; Djaja, Benny
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.318

Abstract

This article examines the issue of buying and selling land under the hand that creates tension between formal legality and substantive justice in agrarian justice practice, with a focus on Decision Number 291/Pdt.G/2021/PN.Smn in Berbah District, Sleman. The practice of buying and selling land without involving the Land Deed Making Officer (PPAT) and without registration at the Land Office is contrary to Article 37 paragraph (1) of Government Regulation Number 24 of 1997, so that legally positive cannot be used as a basis for the transfer of rights. This research uses a juridical-normative approach with a critical analysis of agrarian law norms, civil law rules, and maqāṣid al-sharī'ah—especially ḥifẓ al-māl (protection of property) and substantive justice (al-'adālah al-jawwāniyyah). The results of the study show that the panel of judges in the decision applied legal logic that is not only textual-formal, but also responsive to social realities and the good faith of the parties. This reflects an integrative effort in bridging normative law and the values of justice in society through the maqāṣid approach. This article emphasizes the urgency of reforming the understanding of public law and the need to reposition the role of the state in ensuring substantive justice in agrarian disputes involving small people.
Co-Authors ., Yetmiaty Adam, Chistopher Kendrick Aisya, Alyaziza Alifa, Alifa Allister, Davin Aprilia, Indah Siti Arifin, Melissa Aryadewangga, Muhammad Alam Brigays, Chintia Ayala Calista , Jessica Cardova, Erico Chaterina, Carren Christhopher, Michael Christine Christine Darmansyah, Adimas Gusti Devi Nurjayanti, Florencia Dewi Rositasari, Noviarasta Dwi Yusakawati, Ni Made Arya Dzakirah, Vania Earlene, Felishella Elrika, Elrika Estera, Sanny Fahrani, Ahzaza Faisal Wirawan, Amaltha FamdaIe, Grace NataIia H Farma Rahayu, Mella Ismelia Febrina, Dwi Tiara Fitria, Sindi Gazali, Narumi Bungas Hasanah, Himma Hendry, Hillary Hertanto, Sandrarina Hussy, Maharani Millenia Immanuel Rich, Johannes Izzah , Nurul Jane, Fara Julianti, Lili Klenten, Bred Koswara, Nur Salsabila Kurniawan Kurniawan Kurniawan, Stanley Leriana, Helda Lukita, Hans M Sudirman, M M Sudirman, M Sudirman Mahendra, Martins Izha Maman Sudirman Matara, Opa Jermias Mohamad, Alwi Rany Nabilla, Tasya Nabima, Muhammad Nathanael, Moses Nathawira, Emerentia Oktavia, Ketut Ria Wahyudani Panglima, Rubby Aditya Pitaloka, Diah Marla Pramita, Helen Prathiwi, Della Hadyanti Prayogo, Radius Puspita, Lidya Qorib, Syarif Facthul Rahmawan, Evita Nuraini Ramdhan, Daddy Rasji, Rasji Samuel, Yoel Siahaan, Debby Flora Siarill, Jonathan Hervine Silalahi, Wilma Simanungkalit, Rosalina Sirait, Gladys Natalie Aurielle Soewito, Rizal Iskandar Sophian, Romy Prameswara Sudirman Sudirman , Maman Sudirman, M. Sudirman, M. Sudirman Susy Tanzil, Ko Tjajaindra, Phinawati Tonny Nurmala Putra Toruan, Daniel Natanael Lumban Traa, I Komang Krisma Bima Vianka, Maria Ibella Widjaja, Viona Wijaya, Niko Winarsih Winarsih Yapferonica, Yapferonica Yohanes, Joshua Yudha, Refans Jaka Pratama Yulian, Fransisca Chatharina Yuliska, Nanda Yuwono Prianto