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The Role of a Notary in Making A Syndicated Loan Authentic Deed Jodi Purgito; Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (751.296 KB) | DOI: 10.30659/sanlar.3.4.1353-1363

Abstract

The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.
Responsibility Analysis of Land Deed Officials in the Transfer of Disputed Land Rights Implementation Dhian Ekasari; Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (760.904 KB) | DOI: 10.30659/sanlar.3.2.459-469

Abstract

The purpose of this research is to find out and analyze: 1). PPAT's responsibility in the transfer of land rights. 2). Implementation of the Registration of Transfer of Land Rights by Sale and Purchase in Magetan Regency. 3). Legal consequences for Land Deed Making Officials (PPAT) who make disputed land deeds in Magetan Regency. This research is a normative juridical approach, with a sociological juridical approach. The collection of primary and secondary data was obtained by using interview techniques and literature study, then analyzed by using qualitative analysis methods. The results of the research concluded: 1) The responsibility of the Land Deed Making Official (PPAT) in the transfer of land rights is regulated in Article 55 of the Regulation of the Head of BPN No. 1 of 2006, PPAT is personally responsible for the implementation of his duties and positions in every deed making. Civilly, the PPAT is responsible individually or personally for his actions in the implementation of his position, both for the deed he made. 2). The implementation of the registration of the transfer of land rights by sale and purchase in Magetan Regency begins with the stage of implementing a sale and purchase transaction between the seller and the buyer. After that, the sale and purchase transaction must be made by the PPAT. PPAT will check the Deposit Receipts (STTS) and PBB Tax Returns (SPPT), then by PPAT the files are brought to the Land Office to be registered as a certificate of ownership for the new land rights holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 3). The legal consequences of Land Deed Making Officials (PPAT) who make disputed land deeds in Magetan Regency, namely the registration of the transfer of land rights which are the object of dispute related to the recording in the land book is a refusal to register land rights by the local land office so that it cannot registration or amendment of land data is carried out during the blocking. Based on Article 45 PP No. 24 of 1997, the land office refused to register by returning the file in the form of a deed, certificates and related documents to the PPAT concerned as the executor of the registration of the transfer of land rights. The legal consequence of the returned sale and purchase deed remains an authentic deed and can be used again as a basis for registration if the blocking has been revoked by the applicant.
Implementation of Judge Independence in the Process of Implementing Justice in Islamic Law Perspective Khairul Huda; Bambang Tri Bawono; Achmad Arifullah
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.518-525

Abstract

This study aims to analyze and examine the implementation of the independence of judges in the process of administering justice in Indonesia and to understand and examine the implementation of the independence of judges in the administration of justice from an Islamic perspective. This study uses library research methods or library research that is "juridical-normative". The data sources used are secondary data, namely ethical standards as judges with "Islamic character". The data will be analyzed using descriptive analysis method and the theoretical basis used is the principles of qadhi in Islam and the code of ethics for the behavior of Indonesian judges. Based on the data analysis carried out, it is concluded that a judge should maintain his integrity, his honor who has morals and is a mandate from the Most Wise, namely ensuring the establishment of a sense of justice, guaranteeing legal certainty and seeking the benefit of legal values to all Indonesian people.
The Settlement of Criminal Actions of Traffic Accidents with Child Performers Yheni Dwi Sukmawati; Bambang Tri Bawono; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.423-430

Abstract

The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.
Human Trafficking and the Relevance of Hifz al-nafs and Hifz al-’ird in Contemporary Islamic Legal Ethics Bambang Tri Bawono; Moh. Nurul Huda; Ahmad Hadi Prayitno; Moh. Aris Siswanto
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.v4i1.10694

Abstract

Human trafficking is a profound moral crisis in today’s world, threatening human dignity and fundamental rights on a wide scale. This study explores the issue through the lens of Islamic legal ethics, focusing on the reinterpretation of hifz al-nafs (protection of life) and hifz al-’ird (protection of honor) within the framework of Maqasid al-shari’ah (the higher objectives of Islamic law). Using a normative-critical approach and drawing from both classical and contemporary sources, the research rethinks these two core principles to better respond to the complex realities of human trafficking, which often involves violence, exploitation, and human rights violations. The findings show that hifz al-nafs should not be limited to physical safety but must include psychological, social, and emotional well-being. Similarly, hifz al-’ird must go beyond the narrow notion of personal honor to protect human dignity, moral integrity, and the right to freedom from abuse. The study argues that classical Islamic legal thought needs to be revisited and updated to meet the moral and legal challenges posed by human trafficking today—by incorporating principles of justice, compassion, and human rights. This research makes an academic contribution by re-conceptualizing Maqasid al-shari’ah, especially in hifz al-nafs and hifz al-’ird, enriching the discourse on Islamic legal ethics in addressing modern social issues. It also provides a stronger theoretical basis for contemporary fiqh reform and encourages critical engagement between traditional Islamic texts and today’s ethical realities. Ultimately, this study offers a valuable reference for developing more humane, responsive, and justice-oriented Islamic legal frameworks to protect victims of human trafficking.
Reconstruction of Law Enforcement Regulations on Land Clearing in Forest Areas Based on the Value of Justice Debiantho Debiantho; Gunarto Gunarto; Bambang Tri Bawono
Journal Of Social Science (JoSS) Vol 5 No 3 (2026): Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/s74b4112

Abstract

This study examines the need to reconstruct land clearing regulations in forest areas based on the value of justice, driven by the increasing deforestation in Indonesia due to illegal practices causing ecosystem damage. Although various laws have been enacted, including Law Number 41 of 1999 concerning Forestry, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, and Law Number 6 of 2023 concerning Job Creation, their implementation remains weak. Law enforcement, intended as an instrument of justice, suffers from inconsistencies and lacks a deterrent effect, negatively impacting forest protection. This research aims to analyze weaknesses in law enforcement regulations for land clearing and formulate justice-based recommendations for reconstruction. Using John Rawls's theory of justice and legal system theory, this qualitative case study collected primary data through interviews and observations at the Central Kalimantan Police, complemented by secondary data from regulatory documents and literature reviews. This approach enables a comprehensive analysis of enforcement dynamics and factors hindering justice in illegal land clearing cases. The findings reveal that current regulations fail to ensure fair and effective law enforcement due to insufficient sanctions, suboptimal environmental restoration mechanisms, and minimal community participation. This study recommends regulatory revision emphasizing justice principles, stricter sanctions, and a transparent monitoring system. Synergy among law enforcement, legislators, and communities is essential for sustainable forest protection. 
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.