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All Journal JURNAL MUQODDIMAH : Jurnal Ilmu Sosial, Politik dan Hummaniora JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Sains Sosio Humaniora JOURNAL OF SCIENCE AND SOCIAL RESEARCH Pena Justisia: Media Komunikasi dan Kajian Hukum International Conference of ASEAN Prespective and Policy (ICAP) Community Development Journal: Jurnal Pengabdian Masyarakat JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal of Social Responsibility Projects by Higher Education Forum Fox Justi : Jurnal Ilmu Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Research in Social Science and Humanities Bengkoelen Justice : Jurnal Ilmu Hukum Proceeding International Seminar of Islamic Studies Locus Journal of Academic Literature Review Journal Evidence Of Law Journal of Law, Poliitic and Humanities Literacy : International Scientific Journals of Social, Education, Humanities JUDGE: Jurnal Hukum International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Innovative: Journal Of Social Science Research SASI Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice International Journal of Society and Law International Journal of Management, Economic and Accounting INJURLENS Open Access DRIVERset
Rafianti, Fitri
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Ambiguity Of The Verdict On The Position Of Multiple Certificates On The Object Of Land Disputes Veronika T; Fitri Rafianti
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 3 (2023): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i3.1020

Abstract

In Government Regulation Number 24 of 1997 concerning Land Registration Article 3 the purpose of land registration is to provide legal certainty and protection to holders of rights to a plot of land, apartment units and other rights registered in order to easily prove themselves as the holder of the rights concerned, to provide information to interested parties including the Government in order to easily obtain the necessary data in Conduct legal actions regarding land parcels and units of flats that have been registered and for the orderly implementation of land administration. The problem that often arises in the community is the existence of a Certificate of Land Rights issued on the same land object. In this case, the issuance of the Certificate of Land is the authority of the Ministry of Agrarian and Spatial Planning / National Land Agency of the Republic of Indonesia (hereinafter referred to as the Ministry of ATR / BPN RI). The issuance of more than 1Certificate of Land Rights on the same land object causes problems, so there is a need for the role of the judiciary to solve the problem. The object of the lawsuit is SHM Number. 531 Ds. Buluh Pancur covering an area of approximately 44,365.m2 in 1983. The result of the decision states that the Inadmissible Lawsuit (niet ontvankelijke verklaard / NO) is a formal defective decision which means that the lawsuit is not followed up by the judge to be examined and tried so that there is no object of the lawsuit in the decision to be executed. While in the 2nd Judgment in the lawsuit to PT. TUN (High Administrative Court number 166/B/2020/PT..TUN-MDN). In the lawsuit it was inadmissible, so the plaintiff filed an appeal legal remedy which resulted in a Level 1 Judgment being canceled by the panel of judges and declared void and required the defendant, namely the National Land Agency (BPN). In the Supreme Court decision No. 610 k / tun 2020, the plaintiffs and intervening defendants filed cassation on the result, namely canceling the appeal decision, adjudicating itself, accepting the exception of the subject matter, stating that the lawsuit was not accepted so that overlapping overlaps could be resolved along with cancellation.
Halal Drug Supervision from the Perspective of Maqasid Syari'ah and Law No. 17 of 2023 on Health Rafianti, Fitri; Zarzani, T. Riza; Sahlepi, Arif
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.609

Abstract

The issue of drug halal certification has become a crucial concern for Muslims, especially given the vital nature of drugs for the preservation of life (hifz an-nafs), which is one of the main objectives of Sharia law (Maqasid Syari'ah). The majority of drugs on the market still use raw materials or production processes whose halal status is questionable, such as the use of pork gelatin or alcohol. The government has responded to this challenge by issuing regulations, including Law No. 33 of 2014 on Halal Product Guarantee (JPH) and, most recently, Law No. 17 of 2023 on Health. Law No. 17 of 2023 brings significant changes, containing provisions related to the supervision of medicines and pharmaceutical preparations. However, the emergence of various problems in the implementation of halal certification for drugs—including the testing process, the availability of alternative halal raw materials, and the urgency of drug availability for emergency conditions—requires in-depth analysis. This study aims to examine how the harmonization and implementation of halal drug requirements can be effectively realized without compromising the guarantee of drug availability and accessibility for the public, as mandated by the Health Law. This study formulates two main issues: (1) How can the issue of the halal status of medicines in circulation be analyzed and resolved within the framework of the five basic objectives of Maqasid Syari'ah, particularly in terms of protecting life (hifz an-nafs); and (2) How the synchronization, implementation, and urgency of halal drug procurement are regulated and guaranteed based on the provisions of Law No. 17 of 2023 concerning Health, as well as the legal challenges that arise in its implementation. This study uses a normative legal method with a conceptual approach and a statute approach. Primary data sources include Law No. 17 of 2023 concerning Health and Law No. 33 of 2014 concerning JPH, as well as various related implementing regulations. The results of the study show that the obligation of halal certification for medicines is in line with the principle of protection of life (hifz an-nafs) in Maqasid Syari'ah, which guarantees the safety and spiritual confidence of users. The issue of halal often centers on raw materials that come from unclean or haram sources, but from the perspective of Maqasid Syari'ah, exceptions (rukhsah) can be granted for drugs sourced from non-halal ingredients if there are no halal alternatives (darurat syar'iyyah), as long as it is necessary to save lives, in line with the fiqh rule on the priority of preserving life. Law No. 17 of 2023 strengthens the role of the state in ensuring the availability of quality medicines and health services, including safety and halal aspects through an integrated monitoring mechanism, although the main focus is on safety and clinical benefits. The biggest challenge in implementation is creating an integrated and rapid halal pharmaceutical raw material supply system, as well as ensuring that the certification process does not become an obstacle to the availability of essential medicines. Therefore, regulatory harmonization and incentive policies are needed to encourage the pharmaceutical industry to switch to halal raw materials without disrupting market stability and public access to needed medicines
Strengthening Land Administration Governance Through Electronic Land Certificates for Bureaucratic Reform at The Medan City Land Office Tobing, Enos Bonar Hasudungan Lumban; Rafianti, Fitri; Dahlan, Dahlan
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.600

Abstract

The implementation of land administration reforms through electronic land certificates presents a critical challenge in bridging the gap between normative legal frameworks and factual bureaucratic practice in Indonesia. This thesis examines the strengthening of land administration governance through electronic land certification at the Medan Land Office, with particular emphasis on its implications for bureaucratic reform. Employing socio-legal research methodology through qualitative inquiry, the study identifies a significant phenomenon termed "service duality," wherein public-facing service infrastructure appears modernised whilst backend data processing remains labour-intensive and manual-dependent. The research utilises a triadic analytical framework encompassing Radbruch's legal certainty theory, Soekanto's law effectiveness theory, and modernisation theory to analyse the disjuncture between law in books and law in action. Findings reveal that the implementation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Regulation No. 3 of 2023 on Electronic Documents encounters substantial technical, organisational, and sociological impediments, including incomplete data validation, inter-agency coordination deficiencies, and persistent public skepticism regarding digital documentation. The thesis demonstrates that successful land administration digitalisation necessitates not merely technological substitution of physical certificates, but rather systemic transformation encompassing data integrity assurance, inter-sectoral institutional integration, and cultural-cognitive acceptance. The study proposes four strategic interventions: procedural digitalisation reform, establishment of a unified data reconciliation unit, cybersecurity fortification with blockchain adoption, and humanistic socialisation combined with fiscal incentives. These recommendations are calibrated to achieve substantive bureaucratic reform that delivers not only administrative efficiency but also equitable access to justice and enhanced investment certainty across Medan
The Role of Marriage Agreements in Separation of Assets in Mixed Marriages Between Indonesian Citizens (WNI) and Foreign Citizens (WNA) Putri Shabrina, Shoniya Dwi; Aspan, Henry; Rafianti, Fitri
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2244

Abstract

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) have seen a significant increase year by year. This phenomenon can lead to various legal issues, one of which concerns the separation of property in marriage to protect the constitutional rights of Indonesian citizens, particularly regarding land ownership. A prenuptial agreement is a legal tool that couples can use to arrange the separation of property in a legitimate and written manner. The purpose of this research is to analyze the role of prenuptial agreements in the separation of property for mixed couples, especially in the context of protecting property rights and legal certainty. The method used is normative legal research with a legislative approach, utilizing data sources in the form of laws and regulations, particularly Law No. 1 of 1974 concerning marriage. The analysis results indicate that prenuptial agreements are crucial in avoiding the commingling of assets, especially to protect the ownership of Indonesian citizens over immovable assets, which are restricted by the Basic Agrarian Law. In mixed marriages, such situations can disadvantage Indonesian citizens regarding land ownership rights, which would become joint property. According to Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), it is stated that foreign nationals are not allowed to own land in Indonesia. As regulated in Article 29 of the Marriage Law, it provides a solution through property separation that can offer protection for Indonesian citizens to safeguard their land ownership rights and assets. The implementation of prenuptial agreements in mixed marriages still faces many challenges, one of which is the insufficient role of notaries and marriage registration institutions in providing education to couples intending to marry. Therefore, there is a need for stronger legal education to support the effectiveness of prenuptial agreements in legal practice in Indonesia. This research concludes that prenuptial agreements play a very important role in providing legal protection for mixed marriages between Indonesian citizens and foreign nationals in the mechanism of property separation. The property separation agreement not only protects the constitutional rights of Indonesian citizens over land but also helps avoid potential legal conflicts that may arise in the future
Co-Authors , Rahmad Sembiring Alief, Muhammad Andafi, Muhammad Arman Candra Arya Tjipta Prananda Asmuni Asmuni Asmuni Asmuni Asmuni Asmuni Bambang Fitrianto Dahlan Dahlan Damanik, Rusli Efendi Edi Yaksa Erika, Winda Fahilly, Anjas Fitrianto, Bambang Harahap, Aswindari Hartana , Hartana Hasman Hidayah Henry Aspan Hutabarat, Willyam Lorencius Indah Permata Sari Indra Utama Tanjung Irsyam Risdawati Ismed Ismed Ivan Astavan Manurung Jamil Jamil Jamil Jamil Jasin Dosi Raja Simarmata Joko Susilo Khairul Huda Rizka M. Chaerul Rizky M. Hary Angga Pratama Sinaga M. Jamil Mhd. Azhali Siregar MOCHAMMAD ERWIN RADITYO Muhammad Andafi Muhammad Andafi Muhammad Harry Angga Pratama Sinaga Munardi, Rizky Najib Albana Daulay Onny Medaline Pintabar, Andar Jimmy Pratama Sinaga, M. Hary Angga Putri Shabrina, Shoniya Dwi Randi Alfian Risdawati, Irsyam Robi Krisna Sahlepi, Arif Sitepu, Andrian Harmon Siti Nurhayati Siti Nurhayati Tarigan, Kevin Tarmina , Tarmina Tengku Riza Zarzani N Tobing, Enos Bonar Hasudungan Lumban Veronika T Wakhyuni, Emi Willyam Lorencius Hutabarat Yasmirah Mandasari Saragih Zales, Rabina Zul Pahmi Harahap Zulpahmi Harahap