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Journal : JURNAL HUKUM

Notarial Authority and Legal Accountability in Sharia Banking Contracts: A Doctrinal Study Agung Iriantoro
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.42041

Abstract

The purpose of this study is to examine and analyze the role and responsibilities of notaries in drafting Islamic banking agreements. This study uses a doctrinal legal approach. The findings show that notaries have the authority to prepare authentic deeds for Islamic banking contracts. These deeds serve as strong legal evidence in resolving disputes in the context of Islamic banking. The responsibility of notaries in preparing Islamic banking agreements includes three legal aspects. First, under civil law, Article 84 of the Notary Law outlines the civil liability of notaries. Second, under administrative law, Article 85 of the Notary Law provides that if a notary makes an error when drafting a deed, they may be subject to administrative sanctions in accordance with the Notary Law and its implementing regulations. Third, in terms of criminal law, if a notary commits an act that constitutes a criminal offense as defined in the Criminal Code, they may face criminal sanctions accordingly. The study suggests that sharia training and certification for notaries should be made standard, especially for those involved in Islamic finance.
Structural Inequality of Land Ownership in Indonesia: A Justice-Based Legal Perspective Agung Iriantoro; Junimart Girsang; Suwarno Suwarno
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.47808

Abstract

Structural inequality in land ownership remains a pressing issue in Indonesia, where control over vast land areas is concentrated among corporations and elites, while many communities continue to face limited access to agrarian resources. This condition contributes to poverty, social vulnerability, and recurring agrarian conflicts across regions. This research aims to analyze the phenomenon of structural inequality in land ownership through a justice-based perspective, examining its root causes and assessing the effectiveness of existing agrarian policies. Using a normative juridical method with statute and conceptual approaches, the study reviews legal frameworks, policy documents, and academic literature to provide a comprehensive evaluation. The findings indicate that overlapping regulations, weak recognition of customary rights, pro-investment legal reforms, and limited public participation have hindered equitable land governance. Agrarian Reform policies have also fallen short, particularly in achieving meaningful redistribution, strengthening community rights, and providing adequate conflict resolution mechanisms. The study concludes that reducing structural inequality requires strengthening justice-oriented legal norms, improving coherence among agrarian regulations, enhancing recognition of local and customary rights, and ensuring more inclusive participation in policy implementation.