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Legal Certainty of the Legal Status of Unregistered Land in Auction Implementation Desi Fadikta Sisworini; Moh. Ali; Samuel Saut Martua Samosir
Danadyaksa: Post Modern Economy Journal Vol. 4 No. 2 (2026): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v4i2.412

Abstract

This study examines the normative inconsistency between Minister of Finance Regulation (PMK) Number 122 of 2023, which requires a certificate stating that land has not been registered issued by the National Land Agency (BPN) in the implementation of voluntary auctions, and the provisions of the Basic Agrarian Law (UUPA) and Government Regulation Number 24 of 1997, which do not grant BPN the authority to issue such certificate. This regulatory disharmony creates legal uncertainty and has the potential to cause losses to auction winners. The issues examined include the juridical meaning of registered and unregistered land, the legal implications of auctions involving unregistered land from the perspective of legal certainty, and the formulation of an ideal legal framework. This research employs a normative juridical method using statutory, conceptual, and historical approaches through the examination of primary and secondary legal materials. The findings indicate that registered land is land that has been certified and therefore provides stronger legal certainty and protection, whereas unregistered land is still based on traditional evidence of possession and consequently has a greater potential for disputes. Nevertheless, unregistered land may still become the object of an auction through certain legal mechanisms, with the Auction Minutes (Risalah Lelang) serving as an authentic deed. The implementation of auctions without a certificate from BPN weakens legal protection for auction winners, although their legal position remains protected under the doctrine of good-faith purchasers. Based on these findings, regulatory harmonization is necessary through the establishment of joint regulations between the Ministry of Finance and BPN, the development of an integrated digital service (one-stop service), and revisions to Government Regulation Number 24 of 1997 and PMK Number 122 of 2023 by replacing physical certificate requirements with an integrated electronic verification system to strengthen legal certainty and protection for all parties involved.
Mitigating Legal Risks in the Implementation of Cyber Notary for Cross-Border Digital Asset Sale and Purchase Deeds Ananta Yudha Kartika; Moh. Ali
Danadyaksa: Post Modern Economy Journal Vol. 4 No. 2 (2026): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v4i2.442

Abstract

The rapid development of information and communication technology has facilitated the emergence of various forms of digital transactions, including the electronic and cross-border sale and purchase of digital assets. This phenomenon necessitates legal certainty through authentic legal instruments capable of ensuring the validity and evidentiary value of such transactions. However, the concept of cyber notary as a form of notarial service digitalization has not yet been comprehensively regulated within the Indonesian legal system. Legal issues arise from the regulatory disharmony between the Law on Notarial Office, which requires the physical presence of parties before a notary, and the Law on Electronic Information and Transactions, which recognizes electronic documents and electronic signatures as legally valid evidence. This normative gap creates legal uncertainty regarding the authenticity, evidentiary force, and cross-border recognition of digital asset sale and purchase deeds executed electronically. This study aims to analyze the regulatory disharmony between the Law on Notarial Office and the Law on Electronic Information and Transactions in the implementation of cyber notary, as well as to formulate a legal risk mitigation model for the execution of cross-border digital asset sale and purchase deeds based on cyber notary. The research employs a normative legal method using statutory, conceptual, and comparative approaches. Legal materials are analyzed prescriptively to formulate solutions to the identified legal issues. The findings indicate that the normative inconsistency between the Law on Notarial Office and the Law on Electronic Information and Transactions has resulted in legal uncertainty concerning the authenticity and evidentiary status of electronic notarial deeds. To mitigate these legal risks, regulatory harmonization is required, accompanied by the strengthening of digital identity verification mechanisms, the utilization of certified electronic signatures, the implementation of robust cybersecurity systems, and the establishment of legal frameworks governing the recognition and enforceability of electronic deeds in cross-border transactions. Such a mitigation model is expected to enhance legal certainty, legal protection, and the effective implementation of cyber notary practices in the global digital asset transaction ecosystem. Keywords: cyber notary, digital assets, sale and purchase deed, cross-border transactions, legal risk mitigation.
Legal Certainty Regarding a Marriage Agreement Deed Not Translated by a Notary Firmansyah Fikri Hayqal; Moh. Ali; Bhim Prakoso
Danadyaksa: Post Modern Economy Journal Vol. 4 No. 2 (2026): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v4i2.467

Abstract

This thesis examines the legal uncertainty arising from Article 43 paragraph (2) of Law Number 30 of 2004 concerning the Office of Notary, as amended by Law Number 2 of 2014 (hereinafter referred to as the Notary Office Law), particularly regarding the obligation of a notary to translate or explain the contents of a deed to foreign nationals appearing before a notary. This provision creates normative issues because it does not clearly define the parameters of “translating or explaining” and gives rise to potential interpretative conflicts within Article 43 of the Notary Office Law. These issues are reflected in the Decision of the Denpasar District Court Number 1308/Pdt.G/2019/PN Dps, where the lack of clarity in Article 43 resulted in legal consequences for both the parties and the notary involved. This study addresses three research questions: (1) how legal certainty is ensured with respect to a prenuptial agreement executed before a notary but not translated into a language understood by a foreign party; (2) what legal issues arise from the judicial reasoning in the decision annulling the prenuptial agreement; and (3) how future regulations concerning the translation of notarial deeds should be formulated. The findings indicate that a prenuptial agreement executed before a notary without being translated into a language understood by a foreign party does not provide optimal legal certainty. Nevertheless, such a deed does not automatically lose its authentic character, provided that the notary can demonstrate that the deed was executed in accordance with statutory requirements and that its contents were adequately explained to and understood by the parties. Furthermore, the court decision applied the doctrine of undue influence in an unbalanced manner by disregarding the element of good faith, while also interpreting the obligation to “translate or explain” as a cumulative rather than an alternative requirement. Accordingly, future legal regulation should clarify the obligation to translate or explain notarial deeds, as well as establish explicit sanctions for violations of Article 43 paragraph (2) of the Notary Office Law. This study recommends that notaries adopt preventive measures when drafting deeds involving foreign parties, including documenting that the deed has been explained or translated and obtaining statements regarding the refusal of an official translator where applicable. Judges should also take the principle of good faith into account when assessing allegations of undue influence. In addition, legislators should reformulate Article 43 of the Notary Office Law concerning the language of deeds, the obligation to translate or explain their contents, and the sanctions for non-compliance. Finally, supervisory bodies and the Indonesian Notary Association should strengthen guidance and oversight of notaries in handling deeds involving foreign parties.