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All Journal Jurnal Pendidikan Anak Rechtsidee LAW REVIEW Jurnal Yudisial Abdimasku : Jurnal Pengabdian Masyarakat JURNAL USM LAW REVIEW Law_Jurnal Jurnal Tunas Agraria Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Notary Journal Collegium Studiosum Journal Administrative and Environmental Law Review Refleksi Hukum: Jurnal Ilmu Hukum Notary Law Research Warkat SASI Media of Law and Sharia PESHUM
Pangesti, Shinta
Fakultas Hukum, Universitas Pelita Harapan
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Jual Beli Tanah Dan Bangunan Oleh Penjual Yang Sakit Stroke Shinta Pangesti; Felicia Kusnadi
Notary Law Research Vol. 5 No. 2 (2024): Juni: Notary Law Research
Publisher : Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/nlr.v5i2.1334

Abstract

The transfer of land ownership is often done through sales and purchases. People who are under guardianship may also do the transaction through specific procedures that have been regulated in Indonesia. This research aims to answer the two problem formulations raised, namely what are the requirements for the sale and purchase of land and buildings by sellers who are under guardianship due to a stroke based on the laws and regulations in Indonesia and what are the legal consequences of buying and selling land and buildings by sellers who are suffering from a stroke (Case Study of Supreme Court Decision Number 3586 K/Pdt/2020)? This normative-empirical legal research uses a law and case approach by obtaining data through literature studies and interviews. A seller who is under guardianship due to a stroke must have a court determination regarding guardianship and the appointment of a curator to represent him in carrying out legal acts of buying and selling land and buildings. Because the seller who was suffering from a stroke in the case study was not proven to be incompetent, the Sale and Purchase Deed was legally valid.
Electronic Land Certificates to Prevent Land Mafia in Indonesia Shinta Pangesti; Debora Pasaribu
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4419

Abstract

Land mafia activities remain a persistent problem in Indonesia, prompting the implementation of electronic land certificates as a preventive measure. This study examines the realities of electronic certificate implementation at the Batam City and Palangka Raya City Land Offices, using a normative-empirical approach combining literature reviews and interviews. Despite encountering internal and external challenges, both offices have actively addressed these issues, contributing to the Ministry of ATR/BPN’s issuance of 6.1 million electronic certificates in 2025. The study finds that electronic land certificates enhance the efficiency and effectiveness of land registration while mitigating the risk of forgery and limiting land mafia activities, highlighting their significance in promoting transparency, legal certainty, and resilient land governance in Indonesia.
Legal Implications of Mixed Marriage Annulment on Nominee Agreement Land Ownership Schemes Dedy Simanungkalit; Rachmaliani Rofiqoh; Shinta Pangesti
JURNAL USM LAW REVIEW Vol. 9 No. 3 (2026): SEPTEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i3.14115

Abstract

This study examines the normative tension between marriage law and agrarian law in determining the legal status of land acquired in mixed marriages that are subsequently annulled. The urgency of this research arises from the normative gap regarding the status of joint property after annulment and the use of nominee agreements to circumvent restrictions on foreign land ownership under Indonesian agrarian law. Previous studies have generally discussed marriage annulment, joint property, or nominee arrangements separately, without integrating marriage law, agrarian law, and contract law into a single analytical framework. This research employs normative juridical methods using statutory and case approaches through the analysis of legislation, legal doctrines, and court decisions. The novelty of this study lies in the integrated doctrinal framework that positions marriage annulment as an entry point for courts to identify legal circumvention and reassess contractual structures related to land control by foreign nationals. The findings reveal that land acquired through nominee arrangements cannot be classified as joint marital property because agrarian law restrictions prevail over private contractual arrangements. Nominee agreements are null and void due to unlawful causa, while financial contributions by foreign nationals do not create proprietary rights over land. This study concludes that marriage annulment functions not only to invalidate marital status but also to restore compliance with agrarian law and prevent disguised foreign land control.
Co-Authors Agus Budianto Ari Sofia Aryuko Prizky Akbar Baharini, Ely Darmawan, Grace I Debora Pasaribu Debora Pasaribu, Debora Dedy Simanungkalit Elisabeth Ryanthie Maya Puteri Faustina, Stephanie Felicia Kusnadi Gwendolyn Ingrid Utama, Gwendolyn Ingrid Halim, Robbyson I Dewa Wirantaya Kusnadi, Felicia Limantara, Cynthia P. Nonita Sabillah Fahzari Prisca Octavia Rumokoy Puteri, Elisabeth Ryanthie Maya Rachmaliani Rofiqoh Robbyson Halim Rochmiyati Azwardi Sahetapy, Prilly Priscilia Satijah Satijah Selin Dinda Hariyanti Stephanie Faustina Susi Susantijo Vatresia, Laura Cindy Wafi Faisal Falah Yovieta, Aprillia