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All Journal Jurnal Daulat Hukum Unes Law Review Jurnal Ilmiah Wahana Pendidikan
Kurniawan, Stanley
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Religion Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Keberadaan Dan Penerapan Hukum Adat Di Tengah Sistem Pemerintahan Masyarakat Suku Baduy Maranatha, Leona Citra; Kurniawan, Stanley; Selly, Jeane N.
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 20 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8419470

Abstract

Banten Province is one of the provinces that has a customary law community that is still alive and developing today, namely the Baduy/Bedouin customary law community (Baduy tribe). The Baduy customary law community has social stratification or community stratification based on a certain status or level according to the agreement. They live in remote areas of customary land and still uphold the beliefs of Sunda Wiwitan. The Baduy tribe in their daily lives speak Sundanese and Indonesian. The Baduy tribe has a population of around 26,000 people consisting of inner Baduy and outer Baduy. Officially, recognition, acceptance or justification for the existence of indigenous peoples in the constitutional structure is regulated in Article 18 of the 1945 Constitution. The civilization of indigenous peoples has a long history in Indonesia. Indigenous peoples are a real segment of the Indonesian population. The existence of these provisions as an explanation of the status of indigenous peoples who have long been part of the Indonesian state. The enactment of 3 (three) legal sub-systems in the legal system in Indonesia, namely Western Law, Customary Law and Islamic Law since the independence of the Republic of Indonesia, on August 17, 1945 until now. This supports the existence of indigenous peoples as a historical reality that cannot be avoided or denied by the government.
The State Responsibility for Identity Errors in the Issuance of Land Ownership Certificates in Judicial Proceedings Kurniawan, Stanley; Rahayu, Mella Ismelina Farma
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48551

Abstract

This study examines the state’s responsibility for identity errors in the issuance of land ownership certificates and their implications in judicial proof. The ideal framework of Indonesian land law, as stipulated in the 1960 Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997, promises legal certainty through land certificates as strong evidence of ownership. In practice, however, administrative identity errors such as incorrect names, boundaries, or measurement data often weaken the evidentiary value of certificates in court. Using a normative juridical method based on doctrinal analysis, regulations, and court decisions, this study finds that defective certificates may be annulled even when held by good-faith owners. This highlights a research gap: the lack of systematic analysis on the state’s responsibility for administrative errors in certificates. The study concludes that the state must be accountable through preventive responsibility (error prevention), curative responsibility (administrative correction and compensation), and repressive responsibility (provision of damages). The study recommends integrating land registration with civil registry data, improving identity verification mechanisms, and strengthening legal protection to ensure land certificates effectively function as instruments of legal certainty.
Permasalahan dari Adanya Ketidaksesuaian Harga yang Tertera Pada Transaksi Akta Jual Beli (AJB) dengan Harga Transaksi Sesungguhnya Kurniawan, Stanley; Djaja, Benny
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1424

Abstract

In transferring rights to land and buildings by way of sale and purchase, the requirements for the formation of an agreement are sufficient based on the agreement between the parties and an agreement. Article 1320 of the Civil Code explains the conditions for the validity of an agreement. In the process, the transfer of land rights is carried out by prioritizing the principles of light and cash, if an agreement has a defect in the subject, the agreement can be canceled, while there is a defect in the object, it is null and void. PPAT plays an important role as an authorized official in making a Sale and Purchase Deed, in this case PPAT is responsible for the product it has made and its making must be in accordance with applicable laws and regulations. If a PPAT commits an act that is not in accordance with the applicable regulations, there are legal consequences that will become a problem in the future. The type of research used is normative. To support this research, the author uses a literature study type of research, which examines several documents related to this research. The method in this research is a normative method with a statutory approach. The research data shows how the problem of the price discrepancy in the Sale and Purchase Deed with the actual price.
Co-Authors Djaja, Benny Maranatha, Leona Citra Mella Ismelina Farma Rahayu Selly, Jeane N.