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Legal Certainty of Nominee Agreements In The Transfer of Ownership Rights To Land Based on An Absolute Letter of Power Dyah Pertiwi, Meliana; Grahani Firdausy, Adriana; Budi Kharisma, Dona
International Journal of Educational Research & Social Sciences Vol. 6 No. 1 (2025): February 2025 ( Indonesia - Nigeria - Tanzania - Kenya )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i1.938

Abstract

Article 21 of Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) also states that those entitled to Property Rights are Indonesian Citizens and Legal Entities appointed by the Government. However, in fact, there are still many practices of Nominee agreements based on absolute power of attorney to avoid these legal restrictions in order to disguise ownership of land. The urgency of this research is the importance of studying the legal certainty of nominee agreements based on absolute power of attorney. In this legal research, the normative and prescriptive legal research methods are used. In this legal research, the author uses a statutory regulatory approach, a conceptual approach and a case approach. The author utilizes primary and secondary legal materials. Data collection techniques in this research are carried out through literature studies. In this legal research, the Legal Material Analysis Technique is used with the Syllogism Method, which is a deductive way of thinking that applies logical principles to reach conclusions based on general and specific premises. Nominee agreements based on absolute power of attorney, based on the valid conditions of the agreement in Article 1320 of the Civil Code, have violated the lawful purpose because they disguise the original ownership of the land object and constitute legal smuggling. Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights expressly prohibits the use of absolute power of attorney to transfer or disguise ownership of land rights. In this case, a name borrowing agreement in the transfer of land ownership rights based on an absolute power of attorney, which does not comply with the rules or laws, does not provide legal certainty for the holder of the letter.
Legal Effects Of Making A Testament On The Inheritance Rights Of Members Of The Society Of Jesus (Pastors) Who Resign According To The Civil Code (Study In The Provincial State Of The Society Of Jesus Semarang) Alma Aditya Permana, Benedikta; Taruno Muryanto, Yudho; Budi Kharisma, Dona
International Journal of Educational Research & Social Sciences Vol. 6 No. 2 (2025): April 2025 ( Indonesia - Nigeria - Kazakhstan )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i2.891

Abstract

This thesis examines and analyzes the legal consequences of making a testament and the mechanisms for resolving inheritance rights of members of the Society of Jesus (priests) who have made a testament and later resigned, according to the Indonesian Civil Code ( KUHPerdata ). The study was conducted at the Provincial House of the Society of Jesus in Semarang. The research method used is empirical legal research, employing interviews and literature review approaches. The results of the research show that, according to the Indonesian Civil Code, the legal consequence for a former priest who has made a testament and then resigned is that he remains bound by the testament he previously made. The Society of Jesus community or the Aloysius Association retains its position as the testamentary heir of the former priest, based on the legal grounds of Article 954 of the Civil Code. According to Articles 913–914 of the Civil Code, a testament that has not been revoked can affect the portion of inheritance and determine the subject entitled to the inheritance of the former priest. As a result, it may reduce the legitimate share (legitime share ) of the former priest's family members, including biological children (if married) or biological parents as legataris (recipients of the legitimate portion). For former priests who were leaders of a foundation or institution managed by the Society of Jesus, whose names were used for purposes such as purchasing land under ownership rights, opening bank accounts, or receiving donations, a process of name transfer (re-registration) can be carried out.
Effectiveness of Legal Protection Against Misuse of Personal Data in Peer-To-Peer Lending Fintech Services Based on Law Number 27 Of 2022 on Personal Data Protection Alfinda Salsabila, Uly; Budi Kharisma, Dona
International Journal of Educational Research & Social Sciences Vol. 7 No. 1 (2026): February 2026 ( Indonesia - Uzbekistan )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v7i1.1029

Abstract

This study analyzes the effectiveness of legal protection against the misuse of consumers' personal data in the digital financial services sector. The research is motivated by the increasing incidents of data breaches and misuse of personal data that harm consumers, while also examining the capability of existing regulations to provide adequate protection. This study evaluates the effectiveness of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research employs a normative legal research method with a statutory and conceptual approach. Primary data is derived from Law Number 27 of 2022 on Personal Data Protection (PDP Law), while secondary data comes from relevant legal literature. This research is important due to the growing problem of personal data misuse in fintech P2P lending services, which is rapidly expanding, thus necessitating more specific regulatory updates to keep up with technological developments in fintech in general. The purpose of this study is to analyze the effectiveness of the implementation of Law No. 27 of 2022 in regulating personal data protection and the sanctions imposed on parties involved in the misuse of personal data. This indicates that although legal instruments for data protection are available, their implementation still faces obstacles, particularly in terms of oversight and law enforcement, which remain weak. Therefore, this study concludes that regulatory harmonization, strengthening the role of supervisory institutions, and raising legal awareness are necessary.