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The Role of Notaries in Making International Grant Deeds: A Legal Study of Cross-Border Grant Regulations Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

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Abstract

Amidst the roaring tide of globalization, cross-border transactions—particularly in the realm of gifts—emerge as a landscape rife with legal challenges. A complex tapestry weaves itself from the threads of differing legal systems, document validity, and the unavoidable nuances of international recognition. In this arena, notaries stand as pillars of trust, ensuring that gift deeds transcend mere text to become legitimate statements acknowledged across jurisdictions. This study seeks to delve deeper into the role of notaries in crafting international gift deeds while identifying the hurdles they face: from bewildering regulatory differences and intricate tax provisions to the advent of underutilized new technologies. The research employs a normative legal approach, analyzing both national and international regulations. Law No. 2 of 2014 concerning Notary Services and the Hague Convention serve as lenses through which to comprehend how public documents achieve global recognition. Furthermore, legal principles such as lex loci celebrationis and the principle of mutual recognition are explored as foundations for resolving emerging cross-border legal issues. In conclusion, notaries play a vital role in upholding legal certainty in cross-border gift transactions. They are not merely navigators in a tumultuous sea of law but also connectors that bring clarity amidst confusion. It is recommended that notaries continually sharpen their skills and knowledge of international law as a proactive step to enhance services in an increasingly dynamic landscape of cross-border transactions.
Reconstruction of National Land Law Based on Social Justice and Agrarian Reform Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 5 No. 1 (2025): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v5i1.157

Abstract

This study aims to analyze and reconstruct the national land law system in Indonesia based on the principles of social justice and the social function of land. The main focus of this research is to identify challenges in the implementation of social justice principles, including agrarian conflicts, legal uncertainty, and the marginalization of indigenous communities. The methodology employed is normative legal research, with data collection entailing the examination of secondary documents pertinent to the execution of the Basic Agrarian Law (UUPA). The results of the study indicate that the reconstruction of the land law system based on social justice and the social function of land can improve community access to land resources, reduce conflict, and encourage sustainable development. These findings also suggest the need for policy reform and more effective law enforcement to address social dynamics on the ground. Policymakers can expect this research to provide recommendations for the formulation of regulations that are fairer and more responsive to community needs.