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All Journal Pembaharuan Hukum Jurnal Akta SOEPRA Jurnal Hukum Kesehatan WAJAH HUKUM Unes Law Review Rechtsregel : Jurnal Ilmu Hukum Al-Adalah: Jurnal Hukum dan Politik Islam JURNAL ILMIAH ADVOKASI Jurnal Ilmu Manajemen Sosial Humaniora (JIMSH) Jurnal Hukum Lex Generalis AMNESTI : Jurnal Hukum Batulis Civil Law Review PAMALI: Pattimura Magister Law Review Amaliah: Jurnal Pengabdian Masyarakat Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal Publicuho Law and Justice SASI Legal Advice Jurnal Hukum Lex Stricta : Jurnal Ilmu Hukum
Ma'ruf Akib
Universitas Muhammadiyah Kendari, Sulawesi Tenggara, Indonesia,
Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Analisis Yuridis Kepemilikan Hak Milik Oleh Warga Negara Asing Berdasarkan Wasiat (Studi Putusan Mahkamah Agung Nomor 1134/Pdt/2009) Agnestisya Ningrum, Putri; Akib, Ma’ruf; Umar, Wahyudi
Lex Stricta : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study analyzes the Supreme Court Decision Number 1134/PDT/2009 which examines the validity of ownership of land titles where the recipient is known to be a foreign citizen based on a will. This issue is important because it concerns the principle of nationality in Indonesian agrarian law as well as the limitations of the legal subject of property rights holders. The purpose of the study is to examine the legal considerations of Supreme Court judges, the conformity of decisions with the Basic Agrarian Law, and its juridical implications on the practice of transfer of rights through wills. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case approach. The results of the study show that the Supreme Court affirmed the prohibition of ownership of property rights by foreign citizens, even if obtained through a will, and emphasized the legal consequences in the form of nullity for the sake of law or the obligation to relinquish rights. This ruling strengthens the principle of nationality and provides legal certainty in the regulation of land ownership in Indonesia.
The Legal Validity and Evidentiary Challenges of Unwritten Rental Agreements in Boarding Houses Firnawati; Akib, Ma'ruf; Umar, Wahyudi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (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.v10i2.10840

Abstract

The widespread use of unwritten boarding house rental agreements among students generates a distinct form of legal vulnerability, not due to the absence of contractual validity, but as a result of weakened legal certainty and evidentiary fragility. This study employs a normative juridical method with statutory and analytical approaches to examine the legal validity and evidentiary implications of oral rental agreements under Indonesian civil law. The analysis demonstrates that unwritten rental agreements remain legally binding insofar as they satisfy the requirements of Article 1320 of the Indonesian Civil Code. However, the lack of written documentation significantly undermines effective legal protection when disputes arise. Consequently,non-litigation dispute resolution mechanisms, as regulated under Law No. 30 of 1999, emerge as a more functional avenue for resolving disputes, albeit without fully addressing underlying structural imbalances in contractual relations. This study reconceptualizes unwritten boarding house rental agreements as normatively valid yet structurally vulnerable contracts, underscoring the need to strengthen legal certainty in informal contracting practices.
Beyond Moral Commitment and Binding Force: A Spectrum-Based Analysis of Memoranda of Understanding in Indonesian Contract Law Salfa, Astrid; Sudirman; Akib , Ma’ruf
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.11032

Abstract

Memoranda of Understanding (MoUs) are widely used in governmental and commercial practice in Indonesia, yet their legal status remains contested due to the absence of explicit regulation in the Indonesian Civil Code. This article examines the legal position of MoUs within Indonesian contract law by analyzing their normative foundations under freedom of contract, pacta sunt servanda, and their role in the pre-contractual phase. Employing a normative juridical method with doctrinal and comparative analysis, the study argues that the binding force of an MoU cannot be determined by its formal label but must be assessed based on the substantive allocation of rights and obligations, the parties’ intention to create legal relations, and compliance with Article 1320 of the Civil Code. The findings demonstrate that MoUs operate along a legal spectrum, ranging from non-binding moral commitments to instruments capable of generating contractual liability. By advancing a spectrum-based framework, this article contributes to contract law scholarship and provides normative guidance for courts and practitioners in drafting, interpreting, and enforcing MoUs.
Control without Ownership: Nominee Agreements and the Restriction of Freehold Land Rights for Foreign Nationals in Indonesia Paroto, Farida; Akib, Ma'ruf; Hamzah , Ismi Fadjriah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (2026)
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.v11i2.11399

Abstract

This article examines the legal status, doctrinal coherence, and regulatory implications of nominee agreements used to facilitate foreign control over freehold land in Indonesia. Although Indonesian agrarian law formally prohibits foreign ownership of freehold title, nominee arrangements continue to operate through private contractual mechanisms that separate formal ownership from effective control. Using normative legal research grounded in statutory, conceptual, and analytical approaches, this study analyzes the interaction between agrarian law, civil law doctrine, and regulatory policy. The findings demonstrate that nominee agreements occupy a structurally ambiguous position: while formally inconsistent with the prohibition regime and the social function principle of land, their persistence reflects deeper tensions between title-based formalism and the absence of a transparent beneficial ownership framework. The article argues that the endurance of nominee practices is not solely a consequence of weak enforcement, but of regulatory design limitations that fail to address sophisticated forms of legal circumvention. It concludes that reconstructing the regulatory approach, from an absolute prohibition model toward a transparency- and accountability-based framework, offers a more coherent strategy to reconcile agrarian sovereignty, legal certainty, and foreign investment dynamics. This reconstruction strengthens doctrinal integrity while enhancing regulatory effectiveness within Indonesia’s contemporary land law system.
Negotiated Legal Pluralism: Institutional Formalization and the Resilience of Tolaki Customary Dispute Resolution Akib, Ma'ruf; Umar, Wahyudi; Asis, Patta Hindi; Lalangi, Wa Ode Amatyi Rachima
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3523

Abstract

Introduction: The Customary Dispute Resolution Mechanism (CDRM) of the Tolaki people in Southeast Sulawesi faces faces structural pressures arising from state legal expansion, jurisdictional overlap with formal courts, and the gradual reconfiguration of customary authority within Indonesia’s plural legal order. Historically, the Tolaki customary law system has played a central role in maintaining social harmony and resolving internal conflicts. However, the penetration of national law, globalization, and rapid socio-economic structural changes have placed Tolaki CDRM at a crossroads of adaptation.Purposes of the Research: This study aims to analyze the transformation patterns of Tolaki CDRM and to measure its resilience as an alternative dispute resolution mechanism amid the dominance of the national legal system.Methods of the Research: This qualitative research employs a socio-legal approach, combining normative analysis of Tolaki customary norms with empirical data from in-depth interviews with customary leaders (Pu'utobu, Mosoro), disputing parties, and judicial apparatus. Data was collected through document studies and field research in several Tolaki regions in Southeast Sulawesi.Results of the Research: (1) Tolaki CDRM has undergone significant institutional transformation through formalization under local regulations, (2) Procedural adaptations include standardized mediation and documentation systems such as structured mediation stages, written settlement documentation, and administrative reporting mechanisms; (3) CDRM demonstrates high resilience, sustained by the philosophical foundation of Kalo Sara and dual legitimacy—traditional community-based legitimacy and administrative state recognition. CDRM operates in active co-existence with the national legal system, often functioning as a pre-litigation mechanism. The restorative justice approach of CDRM, emphasizing social relationship recovery (Loleka), proves more effective than retributive formal justice in maintaining long-term kinship harmony.
PERJANJIAN KERJASAMA PADA PERUSAHAAN DAERAH AIR MINUM KOTA KENDARI Muhammad Rifqy; Maruf Akib; Wahyudi Umar
Journal Publicuho Vol. 7 No. 4 (2024): November - January - Journal Publicuho
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35817/publicuho.v7i4.535

Abstract

Public-private partnerships (PPPs) are an increasingly popular strategy in the provision of public services, such as clean water, infrastructure, and health. This article aims to analyze the factors that influence the success of such partnerships and their social and economic impacts on communities. This research method combines normative and empirical approaches to determine the cooperation agreement of the Regional Drinking Water Company (PDAM) in Kendari City. The results of the study show that in this context, political commitment, transparency, selection of the right partner, and continuous evaluation are considered key factors. In addition, the positive impacts of PPPs include increased access and quality of services, while the challenges faced such as inequality in access to services require special attention. Therefore, wise management is needed to ensure that this partnership provides fair benefits to all levels of society.
Civil Liability of Influencers in Endorsement Contracts Baskara, Septian Adhy; Akib, Ma'ruf; Umar, Wahyudi
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3582

Abstract

Introduction: The rapid expansion of digital technology has transformed marketing practices and created a contractual ecosystem involving influencers as key promotional actors. This shift has generated distinctive legal issues concerning contract formation, consumer protection, and electronic information governance.Purposes of the Research: Examining the civil liability of influencers in endorsement contracts and analyzing the legal position of influencers in Indonesia's digital contractual ecosystem.Methods of the Research: This study employs a normative legal research method using statute, conceptual, and analytical approaches by examining provisions within the Civil Code, the Electronic Information and Transactions Law, and the Consumer Protection Law.Results Main Findings of the Research: The findings demonstrate that influencer liability in endorsement agreements is multilayered, covering both contractual (wanprestasi) and tort-based (onrechtmatige daad) responsibilities. The study also reveals the emergence of a digital-era duty of care requiring influencers to verify product legality and ensure truthful promotional content. This contributes to a modern reconstruction of contract doctrine in Indonesia’s digital economy.
Co-Authors A, Annisa Agnestisya Ningrum, Putri Alfurqon, Fe Fikran Amin Purnawan Anisa Aprilia Arifai, Arifai Baskara, Septian Adhy Damayanti, Rima Fitrilia Puspita Dewi Santika, Lasmi Dg. Takenang, Jusman Edward Kurnia Limijadi Firnawati Ghiari , Fajri Al Gilang Ramadhan, Purnama Ichlas, Rudy Iskandar Ign. Hartyo Purwanto Ismar, Ismar Ismi Fadjriah Ismi Fadjriah Hamzah Ismi Fajdriah Hamzah Jafar, Andi Muhammad Lalangi, Wa Ode Amatyi Rachima Lanontji, Muryanto Lasmi Dewi Santika Mahaputri, Puang Muhammad Rifqy Paroto, Farida Patta Hindi Asis Rahayu Iftahul Jannah Rahmat, Rifki Rais, Noval Sakirman Salfa, Astrid Saputra, Muhammad Rozak Surya Sudirman Sudirman Sudirman Wahyudi Umar