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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum
Rasji Rasji
Faculty of Law, Universitas Tarumanegara, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Judicial Challenges to Mortgage Auction Enforcement Abi Hamdalah Sorimuda Harap; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 1 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i1.38529

Abstract

Enforcement of mortgage auction is an essential mechanism to provide legal certainty and to protect secured creditors in Indonesia’s secured lending system. However, debtors' judicial challenges often create uncertainty about the executorial authority of mortgage rights and the implementation of public auction execution. The paper examines the legal consequences of judicial intervention in the enforcement of mortgage auctions, the legal remedies available to mortgage holders, and efforts to strengthen the legal certainty of mortgage execution. This study uses the normative legal method by applying statutory, conceptual, and case approaches in studying legislation, court decisions, legal doctrines, and principles regulating mortgage rights and auction enforcement. The findings show that judicial proceedings do not necessarily wipe out the executorial character of mortgage rights but may temporarily delay execution when legitimate procedural or substantive issues require judicial review. Procedural remedies protect mortgage holders by protecting their preferential rights and ensuring the enforceability of valid mortgage interests. The study also finds that, to strengthen legal certainty, consistent judicial interpretation, harmonized legal regulations, transparent execution procedures, and effective coordination among the courts, creditors, and auction authorities are required. It contends that a proportional balance between executorial efficiency and judicial protection is necessary to protect creditor rights, protect debtor interests, and improve the predictability, reliability, and effectiveness of enforcing mortgage auctions in the Indonesian legal system.
Restoring Notarial Integrity After Criminal Proceedings Dovanda Givanti; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38544

Abstract

Public trust constitutes the foundation of the notarial profession because notaries exercise public authority to prepare authentic deeds that establish legal certainty and provide reliable evidentiary value in civil transactions. Despite this important role, notaries increasingly face criminal proceedings involving allegations of authentic deed forgery arising from professional negligence, inaccurate information or fraudulent documents submitted by the parties, or intentional unlawful conduct associated with a transaction. These circumstances create legal uncertainty, threaten the credibility of authentic deeds, and weaken confidence in the notarial institution. This study examines the legal grounds for holding notaries accountable in criminal proceedings involving alleged deed forgery and evaluates the legal mechanisms available to restore their professional status and rights after judicial resolution. The research applies a normative legal method through statutory, conceptual, and doctrinal approaches supported by qualitative analysis of primary, secondary, and tertiary legal materials. The findings indicate that notaries must consistently uphold integrity, impartiality, and professional competence in exercising their official authority, while breaches of these obligations may result in administrative sanctions. The analysis further demonstrates that notaries who are acquitted or otherwise legally exonerated should receive effective legal rehabilitation, including the restoration of professional rights and appropriate compensation where justified. The study concludes that a balanced legal framework combining professional accountability with meaningful legal rehabilitation is essential to preserving institutional integrity, strengthening legal certainty, and sustaining public trust in the notarial profession.
Administrative Reform for Effective Land Administration Fadiya Muzahadah; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 23 No. 2 (2025): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v23i2.38545

Abstract

Good land administration is an essential element in promoting sustainable land governance, avoiding land disputes and providing legal certainty. Administrative permissions for use of state land is an important legal tool which enables the proper allocation of land rights and controls the occupation of land. However, despite the complete legislative framework, there are also institutional and practical hurdles that hamper the application of these permits which reduces the administrative efficacy. The study examined the administrative mechanism of the state land use permit to improve legal certainty and the elements that affect the effectiveness of land administration. The study is qualitative and uses the empirical legal research method, including an analysis of legislative regulations, administrative records and information from interviews with land administration authorities. The findings indicate that the permission system provides for effective land management, avoids disputes and increases legal certainty in the acquisition of land rights. However, effective execution is still hindered by the misuse of administrative papers, contradictory land information, poor physical access to land and inadequateinstitutional capacity. The results also show that administrative reform significantly improves the quality of land administration, thru the implementation of digital land information management, institutional capacity development, procedural simplification, technology-supported field verification and stronger administrative supervision. The study indicates that to develop a sustainable and effective system of land governance, improving institutional performance and strengthening legal certainty, it is necessary to implement a thorough administrative reform.
Beyond Suspicion: Proving Market Manipulation Rahma Christabel Abilah; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 22 No. 2 (2024): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v22i2.38793

Abstract

A major threat to the integrity, fairness and sustainability of modern day capital markets is market manipulation. Although the existing legal framework prohibits manipulative practices, law enforcement authorities continue to face sophisticated schemes that disguise artificial transactions as legitimate market activities. The study aims to analyse the effects of market manipulation on the Indonesian capital market, identify the challenges related to the detection of manipulative activities and develop an effective evidentiary mechanism to combat modern forms of market abuse. The investigation applies a normative and empirical legal approach to analyse relevant cases of market manipulation, legal provisions and information through interviews with legal experts, regulators and investigators. The results indicate that the major challenges are the inability to identify the transaction patterns, flow of funds, perpetrator’s intent and the magnitude of the financial damage. Law enforcement authorities often find unusual market activities, but the underlying structure of manipulation is not always completely disclosed. This study proposes a comprehensive evidentiary mechanism involving big data surveillance, cross-institutional data integration, behavioural analysis, modern loss quantification, multidisciplinary expertise and enhanced investigative authority. The paper concludes that a systematic, responsive evidential framework can improve law enforcement, protect market integrity and increase investor confidence.
Beyond Suspicion: Proving Market Manipulation Tiffani Aprillya Purba; Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 22 No. 2 (2024): Era Hukum: Jurnal Ilmiah Ilmu Hukum
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v22i2.38795

Abstract

In the case of commercial apartments it is generally the parties who enter into a preliminary agreement before the execution of the final sale deed. Problems arise when the buyer has fully performed the obligations under the preliminary sale and purchase agreement, but the developer does not execute the final deed and does not transfer the ownership certificate. The situation becomes more complicated when the developer exchanges the agreed flat unit through a homologated debt restructuring settlement, which can cause losses to a good-faith buyer. The present study aims to investigate the legal protection to the good faith buyer and the legal remedies that can be taken to settle the disputes arising from the nonperformance of the developer to perform its obligation. This study uses a normative legal method with a statutory approach and a conceptual approach. The analysis concerns the legal position of the purchaser, obligations of the developer in contract, and legal remedies available to protect the rights of purchasers. The results indicate that good faith buyers, who have fulfilled their contractual obligations in full, can claim breach of contract, ask for the cancellation of the preliminary sale and purchase agreement, and oppose the homologated settlement agreement when it leads to the loss of their rights. The study concludes that good-faith buyers in commercial flat transactions require effective dispute resolution and appropriate legal remedies to confer legal protection, justice, and certainty.
Co-Authors Abi Hamdalah Sorimuda Harap Dovanda Givanti Fadiya Muzahadah Rahma Christabel Abilah Tiffani Aprillya Purba