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All Journal DE JURE Bestuur FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Jurnal Hukum dan Pembangunan Ekonomi Jurnal Inovasi Ilmu Sosial dan Politik Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Keadilan JHCLS Jurnal Abdiraja Law Development Journal Jurnal Konstitusi Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Perspektif Hukum Hang Tuah Law Journal Ahmad Dahlan Legal Perspective Keadilan Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies) Jurnal Jurisprudence Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ahmad Siboy
Universitas Islam Malang
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Dentistry Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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The Role of the Land Deed Officials in the Implementation of Electronic Land Certification in Indonesia Wanda Desvira Putri, Adelia; Sunardi, Sunardi; Siboy, Ahmad
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.13-20

Abstract

Land registration is a series of continuous governmental activities, encompassing the collection and maintenance of physical and juridical data, as well as the issuance of proof of land rights and the recording of other rights attached thereto. The purpose of land registration is to provide legal certainty and protection through the issuance of certificates as valid evidence. The Land Deed Official (PPAT) is authorized to draw up land deeds as the basis for the issuance of certificates, thus playing an essential role in ensuring the validity and security of transactions. In order to modernize public services and support national progress in the land sector, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has implemented a policy on the issuance of electronic land certificates.Based on this background, the formulation of the problems in this research is as follows: first, how is the role of the Land Deed Official (PPAT) in maintaining the validity of land certificate data within the electronic land service system; and second, what are the authority and responsibilities of the Land Deed Official (PPAT) in the process of electronic land rights services in accordance with the applicable regulations. This research employs a normative legal research method using statutory, conceptual, and historical approaches. The legal materials consist of primary legal materials in the form of laws and regulations related to land certificate registration and Land Deed Officials, secondary legal materials in the form of legal literature and previous research, and tertiary legal materials as supporting sources. The analysis is conducted qualitatively through interpretation and legal construction of statutory regulations and relevant doctrines. The results of this study affirm that the Land Deed Official (PPAT) possesses juridical authority to draw up authentic deeds related to the registration of electronic land certificates. The Land Deed Official (PPAT) ensures the security and transparency of the process, thereby reducing land disputes. The Land Deed Official (PPAT) is responsible for ensuring the validity of data through the integrated system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) by requiring the submission of electronic documents.
Between Statutory Authority and Administrative Discretion: Case Study of the Merah Putih Cooperative Deed Made by a Notary Pratiwi, Premitha Ayu; Siboy, Ahmad; Parmono, Budi
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.348

Abstract

This study examines the normative conflict between statutory authority and administrative discretion in the establishment of Merah Putih Cooperatives under Indonesia’s 2025 national cooperative revitalization program. While the Law on the Notarial Office grants notaries general authority to prepare authentic deeds, administrative regulations require a specific designation as Cooperative Deed Officials (NPAK), creating legal uncertainty in practice. Unlike previous studies that focused on general cooperatives and the procedural role of NPAK, this research is the first to analyze the legal bottlenecks generated by state-driven digital transformation through the SABH/AHU Online system within the Merah Putih initiative. Using a normative juridical approach, this study evaluates the civil, administrative, and ethical consequences of deeds prepared by non-NPAK notaries. The findings demonstrate that although such deeds remain civilly valid, administrative rejection may prevent cooperatives from obtaining legal entity status, resulting in significant socio-economic losses at the village level. The findings reveal that digital administrative filtering has transformed ministerial discretion into de facto statutory limitation, generating legal uncertainty, delaying village economic programs, and causing measurable financial losses at the local level. This study proposes regulatory harmonization to restore statutory authority while maintaining administrative oversight. The policy implication emphasizes the need to prevent digital governance mechanisms from undermining hierarchical legal certainty in Indonesia’s cooperative development framework. This research offers policy recommendations for harmonizing statutory and administrative norms to ensure legal certainty, professional integrity, and the effective implementation of Indonesia’s cooperative reform agenda.
The Design to Limit Regulations Governing Regional Head Elections Siboy, Ahmad; Rafiqi, Ilham Dwi
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43527

Abstract

This research seeks to elaborate on the urgency and the design offered to limit regulations governing regional head elections (Pilkada). The main problem identified is the distribution of regional election norms across various types of regulations, which causes anomalies, conflicting norms, and dualism of interpretation by judicial institutions, such as differences in decisions between the Supreme Court and the Constitutional Court. Using normative-juridical research methods and statutory, conceptual, historical, and case-based approaches, this research reveals that the limitation in question serves as the initial milestone in constructing fair, effective, and efficient legal frameworks to regulate Pilkada with legal certainty. Philosophically, limiting the proliferation of norms is necessary to maintain the integrity of the local democratic system through the dimensions of ontology, epistemology, and axiology. The results of the study indicate that the most ideal design for limiting regional election regulations consists of three levels: the 1945 Constitution of the Republic of Indonesia as the constitutional basis, the Law as the primary regulation, and the Regulation of the Election Organising Institution (especially the General Elections Commission) as the technical delegation regulation. This model is considered the most appropriate, as it covers everything from abstract norms to concrete technicalities, guarantees legal certainty, and minimizes the influence of elite political interests in shaping regulations. The implementation of this design is expected to realise a more democratic, accountable, and equitable regional election governance.
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Siboy, Ahmad; Al-Fatih, Sholahuddin; Triasari, Devi; Tegnan, Hilaire
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
PENEGASAN DAN PERLUASAN OBJEK DAN SUBJEK SENGKETA ANTAR PESERTA DALAM PROSES PEMILIHAN UMUM Jamil, Jamil; Siboy, Ahmad
HUKUM PEMBANGUNAN EKONOMI Vol 10, No 1 (2022): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v10i1.62768

Abstract

This article analyzes the dispute settlement in general elections, especially on the norms of Article 466 of Law Number 7 of 2017 concerning General Elections, which regulates the formulation of electoral process disputes which do not emphasize the object of dispute between election participants or there has been a vacuum of the norm. On the object of dispute between election participants. This research is normative legal research with a statutory and conceptual approach. The results of the study indicate that the object of the dispute between election participants and the election organizers (KPU) is a decree issued by the election administrator, who is a state administrative official. Meanwhile, the disputes between election participants are civil disputes whose object of the dispute is an unlawful act. Thus it needs to be an affirmation of the object of the dispute because disputes do not only occur between election participants and election organizers but can also occur between election participants. with people (naturlijk persoon) and legal entities
Co-Authors Bastomi, Ahmad Dewi Cahyandari Dewi Cahyandari Dewi Setyowati Himawan Estu Bagijo . Iwan Permadi Jamil Jamil Karim, Firmansyah Abdul Mohammad Affan Muhammad Nur Muslim, Shohib Nur Putri Hidayah Parmono, Budi Premitha Ayu Pratiwi Rafiqi, Ilham Dwi Retno Wulan Sekarsari Setiawan Noerdajasakti, Setiawan Sholahuddin Al-Fatih Sudarsono Sudarsono Sulistyani Eka Lestari Sunardi Sunardi Tegnan, Hilaire Tinuk Dwi Cahyani Triasari, Devi Virga Dwi Efendi Wanda Desvira Putri, Adelia Zahlul Pasha