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All Journal Kertha Semaya Al-Risalah : Jurnal Imu Syariah dan Hukum Syntax Literate: Jurnal Ilmiah Indonesia Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Ilmu Hukum KYADIREN Jurnal Suara Hukum Indonesian Journal of Law and Economics Review Jurnal Manajemen Pendidikan dan Ilmu Sosial (JMPIS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Law Development Journal Journal of Social Research COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Teknologi Riwayat: Educational Journal of History and Humanities RechtIdee
Djajaputra, Gunawan
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Increasing Public Legal Awareness of Land Certificate Ownership Rangga Pamungkas, Muhammad Ilham; Djajaputra, Gunawan
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.v4i4.512

Abstract

A land certificate is considered a legal land identity, providing authentic, inviolable proof of land control by the community. This certificate is an important piece of evidence in the legal realm, in accordance with the provisions stipulated in government regulations. The findings show that land certificates have high legal force, allowing them to be used in various financial transactions such as loans and credit. However, in Nagari Pasia Laweh, there are several factors that hinder the ownership of land certificates, including a lack of public understanding of the importance of land certificates and uncertainty regarding land ownership or transfer of ownership. Efforts are needed to increase civic knowledge and public legal awareness regarding ownership of land certificates. One of the efforts made is through outreach and the Complete Systematic Land Registration (PTSL) program. PTSL is a program that aims to provide legal certainty over land to the community at affordable costs, as well as to prevent land disputes and conflicts. Through socialization and the PTSL program, it is hoped that the community can increase awareness of the importance of owning land certificates as proof of land rights and maintaining the stability of land administration.
Legal Certainty For Holders of Land Rights Over The Issuance of Multiple Certificates Iskandar Soewito, Rizal; Djajaputra, Gunawan
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.v4i4.513

Abstract

One of the fundamental principles of the rule of law is the guarantee of legal certainty and legal protection of the rights of citizens. Laws and regulations in Indonesia, including the 1945 Constitution and Government Regulations, emphasize the state's interest in regulating the use and utilization of natural resources, including land, for the public interest and prosperity of the people. However, land is often a source of complex disputes because of its limited quantity and importance for human life. Land registration or land registration is an important step in providing legal certainty regarding land ownership. Through regulations, the government determines procedures and procedures for carrying out land registration, including collecting physical and juridical data and issuing land title certificates. However, there are still challenges and obstacles in implementing land registration, including the issuance of multiple certificates. Internal and external factors such as maladministration, lack of public knowledge, and the high rate of development can cause the issuance of double certificates. Legal protection is needed to ensure legal certainty for owners of land rights, including in resolving multiple certificates through a fair and just legal process. Regulations regarding land registration and land rights certificates also provide a time limit for parties who feel they have rights to land to submit objections, thus providing legal certainty for land rights holders. Land certificates play a dual role as a State Administrative Decree (KTUN) and proof of civil rights to land, so that the resolution of disputes regarding land certificates can be carried out through two different judicial channels.
Cyber Notary In The Indonesian Legal System: Its Urgency and Implementation Fernando, Gustianus; Djajaputra, Gunawan
Journal of Social Research Vol. 4 No. 6 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i6.2553

Abstract

Advances in information technology have driven transformation in various sectors, including the legal field, especially the notary profession. This article aims to analyze the urgency and challenges of the implementation of cyber notary in the Indonesian legal system. The method used is a juridical-normative approach with an analysis of relevant laws and regulations and a comparative study of cyber notary practices in other countries, such as the United States and Estonia. The results of the study show that cyber notaries offer various advantages, such as time and cost efficiency, increased access to legal services in remote areas, and adaptability in emergency conditions such as pandemics. However, its implementation in Indonesia faces significant obstacles, including regulatory limitations that still require physical presence in the making of deeds, weak technological infrastructure, and low digital literacy among notaries and the public. The discussion emphasized that without legal reform and strengthening of the cybersecurity system, the implementation of cyber notary will only be a concept without realization. It is necessary to revise the Law on the Notary Position and the establishment of special regulations that regulate online procedures, digital identity validation, and a valid and secure electronic document storage system. In conclusion, cyber notaries are an urgent need in the digital era. With the right legal, technological, and socialization support, this system can become an integral part of the modernization of notary services in Indonesia.
Legal Remedies for Resolving Land Disputes under Indonesia’s Positive Law : An Evaluation of Effectiveness and Justice Moa, Fransiskus Rifandy; Djajaputra, Gunawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.306

Abstract

Land disputes in Indonesia represent a complex structural issue, shaped by overlapping legal frameworks, weak administrative systems, and the limited recognition of indigenous peoples’ rights. This study aims to analyze the mechanisms for resolving land disputes based on positive law, identify key obstacles to their implementation, and evaluate their effectiveness in ensuring both legal certainty and substantive justice. Employing a normative legal approach and qualitative-descriptive analysis, the study draws on legal texts, court decisions, and relevant academic literature. The findings indicate that although positive law offers a formal framework for dispute resolution, its practical effectiveness is constrained by bureaucratic inefficiencies, unequal access to justice, and the marginalization of customary law. In contrast, alternative mechanisms—such as mediation and customary law-based processes—have demonstrated greater adaptability to local contexts and socio-cultural realities. The study concludes that an integrative approach, combining the normative structure of positive law with non-litigation mechanisms rooted in local values, is essential for developing an effective and equitable land dispute resolution system in Indonesia.
LEGAL CONSEQUENCES OF MEASUREMENT ERRORS IN LAND SALE AND PURCHASE AGREEMENTS: REVIEW OF THE OBLIGATIONS AND RIGHTS OF THE RELATED PARTIES BASED ON THE CIVIL CODE Klenten, Bred; Djajaputra, Gunawan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.2948

Abstract

Land sales and purchase agreements are one of the most common transactions in daily life. An important element in this agreement is the measurement of the land being sold. However, measurement errors in land sale transactions often occur, which can lead to significant legal consequences for the parties involved. Measurement errors can affect the validity of the agreement and the rights and obligations of the parties, such as the seller and the buyer. According to the Civil Code (KUHPerdata), measurement errors in land can lead to the cancellation of the agreement, price reduction, and the obligation to compensate for the loss resulting from the difference in land area. Furthermore, both parties may negotiate or conduct a remeasurement to reach a fair resolution. If an agreement cannot be reached, the agreed party may file a lawsuit in court. Therefore, it is crucial to understand the legal implications of measurement errors in land sale agreements and the legal resolution procedures outlined in the Civil Code.
Protection of Land Ownership Rights in Cases of Unlawful Acts Najmi, Maulida Syahrin; Djajaputra, Gunawan
RechtIdee Vol 20, No 1 (2025): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i1.30284

Abstract

Land issues, especially those related to the control of cultivated land, are still a complex legal issue in Indonesia. Cultivated land is land managed by another party without certainty of rights, and has not been explicitly regulated in the Basic Agrarian Law Number 5 of 1960. Unlawful acts as regulated in Article 1365 of the Civil Code are the legal basis for demanding compensation for illegal acts such as control of land without permission. Although the legal basis for protecting land rights has been regulated in the Civil Code and the 1945 Constitution, in practice, legal owners often face administrative, socio-cultural obstacles, and weak law enforcement. This study uses a literature study method with a qualitative approach to examine these issues and alternative dispute resolution through civil law, summons, mediation, and arbitration. The complexity of overlapping national law, customary law, and regional regulations exacerbates legal uncertainty so that land rights protection is less than optimal.
Legal Remedies for Resolving Land Disputes under Indonesia’s Positive Law : An Evaluation of Effectiveness and Justice Moa, Fransiskus Rifandy; Djajaputra, Gunawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.306

Abstract

Land disputes in Indonesia represent a complex structural issue, shaped by overlapping legal frameworks, weak administrative systems, and the limited recognition of indigenous peoples’ rights. This study aims to analyze the mechanisms for resolving land disputes based on positive law, identify key obstacles to their implementation, and evaluate their effectiveness in ensuring both legal certainty and substantive justice. Employing a normative legal approach and qualitative-descriptive analysis, the study draws on legal texts, court decisions, and relevant academic literature. The findings indicate that although positive law offers a formal framework for dispute resolution, its practical effectiveness is constrained by bureaucratic inefficiencies, unequal access to justice, and the marginalization of customary law. In contrast, alternative mechanisms—such as mediation and customary law-based processes—have demonstrated greater adaptability to local contexts and socio-cultural realities. The study concludes that an integrative approach, combining the normative structure of positive law with non-litigation mechanisms rooted in local values, is essential for developing an effective and equitable land dispute resolution system in Indonesia.
Tanggung Jawab Notaris dalam Pembuatan Akta Perusahaan dan Implikasinya terhadap Perbuatan Pidana Pemalsuan Dokumen : (Studi Atas Putusan Nomor 589/Pid.B/2023/PN Jkt.Sel) Djajaputra, Gunawan; Albert
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12586

Abstract

Notaries play a strategic role in the Indonesian legal system, particularly in the preparation of company deeds of establishment and amendments. A notary's responsibilities extend beyond administrative duties and include preventive legal functions and oversight of document validity. The primary duties of a notary include verifying the identity of the parties, verifying the authority of the management, verifying the authenticity of documents, recording, storing, and providing legal advice to prevent misuse of documents by unauthorized parties. The case of Muhammad Rinaldi in Decision Number 589/Pid.B/2023/PN Jkt.Sel emphasizes the importance of verifying and legalizing amendments, as illegal use of old deeds can result in legal, financial, and reputational losses for both the company and third parties. Notarial deeds have full evidentiary power as stipulated in Article 1868 of the Civil Code and Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN). However, unlawful misuse of notarial deeds can be classified as a criminal act of document forgery as referred to in Article 263 paragraph (2) of the Criminal Code. Legal protection for third parties acting in good faith is still guaranteed, including the right to restitution for losses resulting from forgery. This study confirms that integrity, professionalism, and the implementation of strict verification procedures by notaries are essential factors in ensuring legal certainty, preventing misuse of deeds, and protecting the rights of all interested parties. Thus, the role of notaries must be understood not only as the maker of deeds, but also as the guardian of legality and guardian of legal morality in notarial practice in Indonesia.
Implementasi Hukum Kewarisan dalam Penetapan Orang Hilang Carlous, Sancarlous; Djajaputra, Gunawan
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 5 No. 4 (2025): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v5i4.3898

Abstract

Pada dasarnya penyelesaian atas hak maupun kewajiban yang diakibatkan karena kasus meninggalnya orang tertentu, terkandung dalam hukum waris. Umumnya, hukum waris menyatakan bahwa seseorang yang meninggal akan mewariskan warisannya kepada pihak ahli waris, sesuai dengan ketentuan yang dicantumkan pada surat wasiat. Alangkah tetapi, kasus tersebut berkembang kompleksitasnya pada saat pihak pewaris tidak diketahui keberadaannya, atau dinyatakan hilang. Maka dari itu, penelitian ini bertujuan untuk menganalisis implementasi hukum kewarisan dalam penetapan orang hilang. Pendekatan yang ditempuh berupa pendekatan kualitatif melalui praktik desain hukum empiris normatifnya. Temuan penelitiannya mengungkapkan bahwa dalam menghadapi situasi di mana pewaris tidak diketahui keberadaannya, penting bagi pengadilan untuk menegakkan prinsip-prinsip keadilan dan kepastian hukum. Keputusan yang diambil harus mencerminkan perlindungan terhadap hak-hak pemohon sebagai ahli waris, serta memastikan bahwa tidak ada pihak yang dirugikan akibat ketidakpastian status pewaris. Kemudian, hakim memiliki peran penting dalam menilai bukti yang ada dan memberikan keputusan yang adil.
The Transfer of Marine Ship Ownership as an Immovable Object Based on Sale and Leaseback Agreement Wijaya, Yeni; Djajaputra, Gunawan
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.307

Abstract

Sale and Leaseback agreements  are one of the increasingly popular financing methods in strategic asset management. This agreement is considered to allow the owner of the ship to sell his assets to a third party with an agreement to re-lease the ship for a certain period of time. This method offers financial flexibility, but also presents various legal challenges, particularly related to ownership and certainty of the rights of the parties involved. This study aims to analyze the legal basis, characteristics of agreements, and their implications for the transfer of ship ownership. The approach used in this study is normative with analysis of relevant laws and regulations and case studies. The results of the study show that although  the Sale and Leaseback agreement  provides great benefits in terms of financing, the implementation in Indonesia still faces obstacles, especially for marine capital goods that include immovable objects. In addition, there is a potential for legal disputes if one party fails to fulfill its obligations. For this reason, more detailed legal arrangements are needed to protect the rights and obligations of the parties. This study recommends harmonization between the rules in the field of financing institutions and the rules applicable in shipping as well as stricter supervision of the implementation  of Sale and Leaseback agreements  on ship assets. With adequate arrangements, this agreement can be an effective solution in supporting financing in the shipping sector.  
Co-Authors Achmad Kotyi, Julius Adianie, Nadya Ajo, Fransiska Litania Ea Tawa Alatas, Hamzah Haikal Riziq Alwi Albert Asri Putri, Tiyas Candra, Dimas Carlous, Sancarlous Cevitra, Mendy Dameria, Fiorella Angella David, Brandon Fernando, Gustianus Fikra, Mico Juli Gonadi, Aurora Vania Crisdi Hakim, Mulia Rachman Handayani, Widya Anggayesti Imam Wahyudi, Teguh Indira Purnawi Putra, Wahyu Iqfa Alfarel Lesmana, Ahmad Iskandar Soewito, Rizal Jonatan, Lirianna Nurtanio Junaedi Junaedi Kartino Sudjanto, Brun Kho, Indra Klenten, Bred Kusumonegoro, Kea Ezzati Ascarya Melosia Mangiwa, Devina Moa, Fransiskus Rifandy Nainggolan, Valen Najmi, Maulida Syahrin Natalia Lumare, Lawrina Cristi Nathanael, Enrique Nathanael, Moses Nugroho, Liana P Nur Sharky, Yoliandri Putra, Matthew Yohanes Qilan Nurfarhan, Luthfi Rangga Pamungkas, Muhammad Ilham Ratna, Yulvita Rinaldi, Renitha Putri Rozalia, Reiza Saputra, Ardiansyah Sari, Aneta Indriya Shindy, Felicia Siahaan, Debby Flora Sinatra, Tristan Canari Joseph Solihatunnisa, Liha Tifanni, Tifanni Trinita Patricius, Priscilla Wijaya, Jonathan Yeni Wijaya Yeremiarim, Omega Kharisma