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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta JHCLS Research Horizon MILRev: Metro Islamic Law Review Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Muhammad Dias Saktiawan
Universitas Islam Sultan Agung, Semarang
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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The Strength Of Evidence Of Deed Made Under Hands Connected With The Authority Of Notary Legalization And Waarmerking Based On Act No. 30 Of 2004 On The Notary Position Muhammad Dias Saktiawan; Arif Hijrah Saputra; Ngadino Ngadino
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.8299

Abstract

This study aims to determine the strength of the deed made under hand as evidence in court, and is there a function legalization and Waarmerking the deed made under hand can provide additional strength of evidence in court. Focused on the research objectives, the formulation of the problem is as follows: First, What is the function of the legalization and Waarmerking deed made under hand in evidence during the trial Court? Second, Do deed made under hand on legalization and in Waarmerking by notaries can be canceled by a judge in court?The research method used is the method of juridical-normative approach. Specifications in this research is descriptive analytical. The data collection method used in this research is secondary data in the form of primary legal materials that legislation, secondary law namely literature, scientific papers, and tertiary legal materials namely legal materials that support primary legal materials and secondary law. While the methods of data analysis using qualitative data analysis.The results showed Legalization and Waarmerking function on deed made under the hand give assurance to the judge about the date, signature, identity of the parties to the agreement, thus helping to judge in terms of proof. Deed made under hand on Legalization and in Waarmerking by notary can be canceled by a judge even though the task of the judge in the case only to share the burden of proof to prove, but ex officio judge can not cancel a deed if not requested cancellation. This is because judges are not allowed to decide unsolicited, so as a deed can be canceled if it does not meet the elements of subjective and objective elements.Keywords: Legalization; Deed; Notary.
SUPERVISION OF LOCAL PEOPLE'S REPRESENTATIVE BOARDS IN CLEAN LOCAL GOVERNANCE GOVERNANCE Mhd. Taufiqurrahman; Muhammad Dias Saktiawan
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.26618

Abstract

The purpose of this study is to find out about the supervision carried out by the Regional House of Representatives, one of which is the performance of the local government apparatus, namely by supervising the Regional Revenue and Expenditure Budget that has been determined and carried out by the regional government apparatus. The approach method used uses a normative juridical approach, the results of the study state that the position of the Regional People's Representative Council in the structure of the Regional Government is as a people's representative institution in the region, and at the same time as an element of regional government administrators. The form of supervision in terms of preventing the occurrence of irregularities in the use of regional budgets is by determining targets and standards for supervision related to concrete matters, for example monitoring and observing the implementation of projects carried out in one fiscal year, and further responding to public complaints against irregularities use of local budgets.  
Law Enforcement against Perpetrators of Sexual Violence Crimes Committed by Children Bawono, Bambang Tri; Saktiawan, Muhammad Dias
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.479

Abstract

The large number of cases of sexual violence that occur in the world, especially in Indonesia, is certainly an irony that must be resolved together.  The reason is, the increasing number of sexual violence rimes hows that criminal law as a way to prevent and overcome crime is not running as it should. The type of research used in this study is sociological legal research whose data will later be analyzed using qualitative data analysis. Law enforcement efforts against perpetrators of crimes against children should be carried out more through the restorative justice or diversion method by prioritizing the child's future.  The implementation of diversion against children as perpetrators of crimes, it is ecessary to explain the requirements for implementing diversion in the form of a threat of less than seven years. This is because the imposition of criminal sanctions for criminal acts cannot be separated from the minimum and maximum threats, so that the implementation of diversion which can only be carried out under seven years results in legal uncertainty.
The Importance of Local Wisdom Values of Customary Law in The Management of National Land Law Saktiawan, Muhammad Dias; Wiranto, Agus Prasetia
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 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.v8i1.41607

Abstract

Agrarian conflicts between customary law communities and the government have recently begun to flare up, this is due to the government's lack of attention to communities that have been guaranteed in communal rights, conflicts that occur in the form of disputes and even criminalisation of communities whose rights are deprived without legal certainty. This research uses the juridical analysis method by making secondary data as the main data in the form of literature studies and laws related to agrarian issues. The importance of customary law local wisdom values in the management of national land law can be concluded that the integration of these values has a significant positive impact in maintaining the sustainability of natural resources, strengthening environmental protection, and preserving cultural wisdom in Indonesia. Through the recognition and implementation of local wisdom values, we can create harmony between customary law and national law, improve the welfare of local communities, and ensure that land management is carried out in a sustainable manner.
Regulatory Model for the Cancellation of Authentic Notarial Deeds Based on Principles of Justice Mashdurohatun, Anis; Waruwu , Ingati Margaretha; Saktiawan , Muhammad Dias; Supriyadi, Supriyadi; Aaty El-Sonbaty, Atta Abdel
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.407

Abstract

The cancellation of an authentic notarial deed can be carried out by one of the parties or the aggrieved party if the deed contains legal defects, causing it to be downgraded to a private deed. The cancellation must be conducted by filing a lawsuit in the court with jurisdiction over the place where the authentic notarial deed was created. This research aims to analyze the cancellation of authentic notarial deeds from the perspective of civil procedural law, which is not yet based on the principles of justice. It also seeks to identify weaknesses in the current procedures and propose a justice-based reconstruction model for the cancellation of authentic deeds made by notaries. The study uses a socio-legal paradigm with relativism ontology and an empirical juridical approach, employing non-doctrinal legal research methods. Primary data were collected through field research, including interviews and/or questionnaires with competent parties. The findings reveal that the reasons for cancellation include non-fulfillment of objective conditions of agreements, absolute incapacity, lack of authority, contradictions with legal provisions, violations of public order or morality, fulfillment of legal events with void conditions, relative incapacity, defects of will, abuse of circumstances, breach of contract, and non-compliance with formal agreement requirements. The study suggests establishing a legal harmonization institution and including judicial decisions in the legislative hierarchy, as well as reconstructing the National Land Agency’s service system for better deed management.
Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia Muhammad Azam; Anis Mashdurohatun; Angga Nugraha Firmansyah; Muhammad Dias Saktiawan; King On Putra Jaya
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11334

Abstract

This study examines the harmonization of International Commercial Law (ICL) with Sharia-based national legal systems in five member states of the Organization of Islamic Cooperation (OIC): Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia. These countries were deliberately selected for their diverse legal traditions, varying levels of economic development, and differing degrees of Sharia implementation within their domestic legal orders. Using a qualitative-comparative approach, the research draws on academic literature, national legal documents, and relevant international legal instruments to analyze the interaction between global commercial norms and Islamic legal principles. The analysis identifies thematic trends, methodological approaches, and significant findings from previous scholarship on the intersection of ICL and Sharia. The findings reveal divergent trajectories: Malaysia and Turkey have successfully integrated ICL provisions into their domestic frameworks through institutional reforms and adaptive jurisprudence. In contrast, Pakistan and Saudi Arabia face persistent conceptual and normative challenges, particularly in reconciling modern commercial practices with strict interpretations of Sharia. Indonesia represents a hybrid model, blending secular legal norms with religious values to produce a contextually balanced system. By mapping these comparative experiences, this study contributes to the discourse on legal pluralism and provides insights for policymakers and scholars seeking to develop context-sensitive models for integrating transnational commercial law into modern Islamic legal systems.
Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms Jawade Hafidz; Muhammad Dias Saktiawan; Agus Prasetia Wiranto; Aditya Noviyansyah; Ahmed Kheir Osman
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10664

Abstract

Government procurement of goods and services is a strategic sector that is vulnerable to irregularities and corruption. Therefore, reforming legal accountability in this area is crucial to creating governance that is clean, transparent, and has integrity. This study offers an alternative approach to public procurement reform by integrating Islamic principles as an ethical and normative foundation for building a sound governance system and an anti-corruption framework. This research uses a normative-qualitative method, analyzing various legal documents, Islamic literature, and modern governance theories. It focuses on fundamental Islamic values such as ʿadalah (justice), amanah (honesty and responsibility), maslahah (public welfare), and hisbah (social oversight). These values are highly relevant for addressing accountability challenges in public procurement. The findings show that applying these principles can strengthen the ethical dimension of procurement regulations, improve transparency in the tender process, and clarify public accountability mechanisms. The integration of Islamic values is not intended to replace existing positive law but to enrich and complement the legal framework with a moral and spiritual approach rooted in Islamic legal tradition. Academically, this study contributes by providing a new conceptual framework that combines Islamic ethical norms with public governance and anti-corruption law. This approach creates space for dialogue between Islamic legal tradition and modern legal practice, offering a more holistic solution to corruption issues in public procurement. 
Legal Uncertainty in Dispute Resolution of Ijarah Muntahiya Bi al-Tamlik Contracts in Indonesia: A ḥifẓ al-māl Perspective Moh. Nurul Huda; Bambang Tri Bawono; Gunarto Gunarto; M. Dias Saktiawan
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8952

Abstract

Legal uncertainty in the construction of ijarah muntahiya bi al-tamlik (IMBT) contracts within the Compilation of Sharia Economic Law (KHES) arises in two areas. First, ambiguity occurs in the transfer of ownership at the end of the lease term, which may use either a sale or a hibah (grant) scheme. Second, dispute resolution is often implemented disproportionately, causing financial harm to the musta’jir. This study employs normative juridical research with a statutory approach, as inconsistencies are found between legislation and fundamental legal principles. The findings indicate that ownership transfer in IMBT contracts should only be carried out through a sale mechanism. Using hibah is inconsistent with its classification as a tabarru’ contract and contradicts Article 362 of KHES. Moreover, dispute resolution should not treat the musta’jir as indebted and force the sale of the leased object before the contract term ends. Instead, proportional penalties, explicitly stipulated in the contract, provide a fairer mechanism. These results highlight the urgency of reformulating IMBT contract practice in Indonesia. For Sharia financial institutions, implementing clearer ownership transfer rules and fair dispute resolution mechanisms will enhance legal certainty, protect the parties involved, and strengthen public trust in Sharia-compliant financial products.
Land Bank Governance and Agrarian Justice: The Risk of Land Grabbing and State Responsibility in Contemporary Agrarian Reform Muhammad Dias Saktiawan
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.50773

Abstract

This article critically analyzes the existence of Land Banks in contemporary agrarian reform, placing them within the perspective of agrarian justice and state responsibility. Based on the assumption that land is not merely an economic asset, but rather the basis of life and social justice, this research examines the philosophical foundations, legal construction, and governance and authority of Land Banks, which have the potential to facilitate legally legitimized land grabbing practices. This research uses a normative-critical approach by combining legislative, conceptual, critical-theoretical, and limited comparative approaches. The research findings indicate that the institutional design and authority of the Land Bank reflect a shift in the rationality of agrarian law from a redistribution paradigm to asset management and development interests, which risks obscuring the corrective function of agrarian law. This article emphasizes that state responsibilities under agrarian law must be interpreted substantively, encompassing normative, preventive, protective, and remedial obligations to prevent land grabbing and protect community agrarian rights. These findings contribute to strengthening critical agrarian law discourse by offering a conceptual framework for reassessing the role of the Land Bank to ensure it remains aligned with the principles of agrarian justice and rights protection.
Co-Authors Aaty El-Sonbaty, Atta Abdel Aditya Noviyansyah Agus Prasetia Wiranto Ahmed Kheir Osman Angga Nugraha Firmansyah Anis Mashdurohatun Arif Hijrah Saputra Bambang Tri Bawono Bambang Tri Bawono Gunarto Gunarto Jawade Hafidz King On Putra Jaya Moh. Nurul Huda Muhammad Azam Ngadino Ngadino Supriyadi Supriyadi Taufiqurrahman, Mhd. Waruwu , Ingati Margaretha Wiranto, Agus Prasetia