Zulfadli Barus
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PARADIGMA FILOSOFIS LEGAL REASONING ANTARA LEGAL POSITIVISM DAN HISTORICAL JURISPRUDENCE SUATU ANALISIS Barus, Zulfadli
E-Journal Widya Yustisia 2005
Publisher : E-Journal Widya Yustisia

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Abstract

Legal research is done if an issue arises that reflects contradiction between the ideal law and real law. Factors influencing gaps in the law related to a certain issue can be determined by legal reasoning. There are two types of legal research namely 1) normative and 2) sociological research. Normative research is based on rationalism, positivism, coherence, a priori, analysis deduction,systematic, literature study, secondary data and qualitative analysis. Sociological research is based on empirical, historica, correspondence, a posteriori, synthesis, induction, systematic, field study, primary data and quantitave analysis. Legal normative research is influenced by systemic reasoning while sociological research is influenced by critical reasoning.
ANALISIS FILOSOFIS TENTANG PETA KONSEPTUAL PENELITIAN HUKUM NORMATIF DAN PENELITIAN HUKUM SOSIOLOGIS Zulfadli Barus
Jurnal Dinamika Hukum Vol 13, No 2 (2013)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2013.13.2.212

Abstract

Research is done by someone if there is any problem, a situation which reflects contradiction between the ideal fact and the real one. The elements which create the problem could be found by doing research. There are two kinds of research conceptual map in   law. They are: The rational-consistence-interpretative and the empirical-objective constructive. Legal research is based on rational-consistence-interpretative and socio-legal research is based on empirical-objective-constructive. These models are based on different concepts. The elements of legal research   are: rationalism, legal positivism, coherence theory, a priori, analysis, deduction, consistency, interpretative, library research, secondary data and qualitative. The elements of socio-legal research are empiricism, historical jurisprudence, correspondence theory, a posteriori, objectivity, constructive, synthesis, induction, field research, primary data and quantitative.Keywords: conceptual map, legal research, socio legal research
Cyber PPAT and Legal Certainty in Indonesia’s Electronic Land Certification System Muhayar, Muhayar; Deni, Fitra; Barus, Zulfadli
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8473

Abstract

The digitalization of land registration in Indonesia, particularly through electronic land certificates, reflects a major reform in legal and administrative governance. This study examines the evolving role of the Land Deed Official (PPAT) in ensuring legal certainty amid the transition from conventional to electronic land certification. Employing a normative-empirical legal approach and case study in Bekasi Regency, the research explores how PPAT adapts to digital platforms while maintaining legal compliance. Findings reveal that electronic certification enhances efficiency, transparency, and security. However, its implementation faces significant challenges, including fragmented data systems, inadequate infrastructure, limited digital literacy, and the absence of specific legal norms regulating PPAT’s digital responsibilities. To address this gap, the study introduces the concept of “Cyber PPAT”—a redefined legal actor equipped with both legal and digital competencies. This study contributes to the discourse on land administration reform by underscoring the need for harmonized regulations, improved infrastructure, and institutional readiness. It emphasizes that legal certainty in digital land governance depends not only on technology but on the strength of the legal framework and institutional trust supporting it.
Analisis Penyalahgunaan Keadaan Dalam Pembatalan Akta Hibah Dan Pembagian Harta Bersama (Studi Kasus Putusan No.83/Pdt.G/2022/PN CBN) Abdullah, Ali; Barus, Zulfadli; Rusmawati, Nurlia
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i1.3789

Abstract

This study discusses the abuse of circumstances in the revocation of a gift deed and the division of joint property, focusing on Decision No. 83/Pdt.G/2022/PN Cbn. Abuse of circumstances occurs when one party exploits the weakness or lack of understanding of the other party in agreeing to the gift deed, leading to unfairness in the division of joint property. In this case, the defendant, with the assistance of the Land Deed Official (PPAT), created the gift deed without the plaintiff’s consent, resulting in an unfair division of joint property. The gift deed made without the presence and approval of the plaintiff is considered invalid under Articles 1320 and 1321 of the Indonesian Civil Code due to defects in will caused by abuse of circumstances. This study uses a normative juridical method with a case study approach. The findings show that a gift deed made through abuse of circumstances can be revoked as it violates contract law in Indonesia. Furthermore, the plaintiff has the right to file a lawsuit for the cancellation of the deed and claim compensation for the damages incurred. Legal protection is necessary in the process of dividing joint property to ensure fairness, especially after divorce. This study emphasizes the importance of supervision in the creation of gift deeds and the responsibility of the PPAT to ensure that all parties understand the legal consequences
Implementasi Pengawasan Akta Notaris Oleh Dewan Kehormatan Daerah Kota Bandar Lampung Abdullah, Ali; Barus, Zulfadli; Eka Putri, Pritie Anissa
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i1.3503

Abstract

According to the Central Honorary Council of the Indonesian Notaries Association Regulation Number 1 of 2017 Article 2 regarding the daily creation of deeds, it is stated that the Reasonable Limit for the creation of deeds by a Notary as a member of the Association is 20 (twenty) deeds per day. The results of this study show that PerPDK INI Number 7 of 2017 concerning the Reasonable Limit on the Number of Deeds Created Per Day is adequate; however, in practice, the implementation of the regulation on the ground is not effective, as some Notaries still create more than 20 (twenty) deeds per day. This is based on Article 2 of PerPDK INI Number 7 of 2017, which also explains that as long as it can be accounted for, a Notary may exceed the limit of 20 deeds per day as long as it is justifiable. The implementation of PerPDK INI Number 7 of 2017 regarding the Reasonable Limit on the Number of Deeds Created Per Day involves ambiguities that lead to misinterpretation of Article 2 Paragraphs (1) and (2) by Notaries, as well as weak supervision due to the reluctance to reprimand and report among Notaries. The legal consequences of this issue are that the relevant deeds only have the evidentiary power of private deeds for the parties involved, and the failure to fulfill the obligation to read the deed in front of the parties creates the potential for Notaries to face sanctions