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All Journal Jurnal Mahasiswa Fakultas Hukum Jurnal Ilmu Hukum The Juris Awang Long Law Review Jurnal Pengabdian Kepada Masyarakat Patikala Collegium Studiosum Journal Journal of Social Research Journal of Social Science Jurnal Sosial dan Sains MILRev: Metro Islamic Law Review LEGALITAS : Jurnal Ilmiah Ilmu Hukum
Benhard Kurniawan Pasaribu
Universitas 17 Agustus 1945 Samarinda
Religion Humanities Astronomy Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Social Sciences

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CIVIL LAW ASPECTS IN THE MAKING OF A POWER OF ATTORNEY TO SELL IN THE PROCESS OF TRANSFERRING LAND RIGHTS Kristanto, Yosua Yonathan; Khairunnisah; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1502

Abstract

In order to overcome these obstacles, it is necessary to help other individuals resolve them, which then gave rise to the concept of representation, where a person acts on behalf of other individuals when resolving their interests. This is known as power of attorney, which is regulated in Article 1792 of the Civil Code. Power of attorney itself is an agreement that requires authority in taking action. This research relied on a variety of library sources, i.e. references that contain the latest scientific information or updated understanding of known facts or developing ideas. These sources include books, journals, dissertations, theses and other legal documents. The research findings show that abuse of power of attorney, especially when the action taken is not in accordance with the power of attorney granted, can have various legal consequences. Actions that exceed the limits of the power of attorney risk being null and void or at least not binding on the authorizing party, in accordance with the provisions of Article 1804 of the Civil Code which states that actions outside the power of attorney do not create rights and obligations for the authorizer. The liability of the proxy itself relates to two important aspects: freedom of contract and statutory provisions. Although they have different meanings, there are exceptions to the freedom of contract principle that allow the making of agreements as long as they are not contrary to applicable law.
LEGAL CONSEQUENCES OF OWNERSHIP OF UNREGISTERED LAND RIGHTS FROM THE PERSPECTIVE OF POSITIVE LAW Noor, Muhammad Ferdian; Sukindar; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1507

Abstract

The land registration process throughout Indonesia has not been fully completed, this phenomenon is influenced by the lack of public awareness in registering their land. Although the government has set a target to achieve comprehensive land registration through the Complete Systematic Land Registration Program (PTSL), the purpose of this study is to determine the legal consequences of not registering land rights in Indonesia and legal certainty in land registration. In this study, the method of accessing and researching takes a lot from library materials, namely materials containing new or up-to-date scientific knowledge, or new understandings of known facts or ideas, in this case including books, journals, dissertations or theses and other legal materials. The legal consequences of not registering land rights in Indonesia in the form of certificates can have significant implications for legal certainty and protection of landowner rights. Land registration is an important step to ensure legal certainty, where land title certificates serve as strong evidence of ownership. Without registration, landowners are at risk of legal uncertainty, which can result in land disputes and difficulties in conducting other legal transactions. The results of the implementation and execution of electronic land registration as referred to in paragraph (1) are in the form of data, electronic information, and/or electronic documents. That in the process of implementing land registration with Government Regulation Number 24 of 1997 concerning Land Registration states that land registration is a series of activities carried out by the Government continuously, sustainably and regularly.
Sosialisasi Hukum UU Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga Asyari, Fatimah; Maisyarah; Iwan, Iwan; Isnawati; Slamet, Amin; Kurniawan Pasaribu, Benhard
Jurnal Pengabdian Kepada Masyarakat Patikala Vol. 5 No. 1 (2025): Jurnal PkM PATIKALA
Publisher : Education and Talent Development Center of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51574/patikala.v5i1.3637

Abstract

Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU-PKDRT) is an important legal basis for protecting the rights of victims of domestic violence. However, its implementation still faces social barriers in the form of the perception that domestic violence is a private matter that should not be revealed in the public sphere. This condition results in low reporting rates and weak protection for victims, especially women. This community service activity aims to increase legal awareness of residents of Karang Mumus Village, Samarinda City, regarding the issue of domestic violence through a participatory and educational legal socialization approach. The method used is descriptive qualitative with active involvement of residents in discussions, delivery of legal materials, and case studies of domestic violence that occurred in the surrounding area. This activity involved various community elements such as PKK mothers, students, village officials, and local leaders. The results of the activity showed an increase in community understanding of the forms of domestic violence, reporting mechanisms, and the importance of social support for victims. In addition, this activity succeeded in eroding the stigma that reporting violence is an embarrassing act. This outreach not only provides citizens with legal information but also fosters the courage to speak out against injustice and fight for their basic rights. These findings underscore the importance of community-based legal education as a long-term strategy for building legal awareness, empowering women, and promoting more just and equitable social change.
Legal Innovation in Religious Courts: The Potential Utilization of Artificial Intelligence (AI) in Resolving Contemporary Cases Sukindar; Hendrik Kusnianto; Sarikun; Benhard Kurniawan Pasaribu; Muhd Syahazizamir bin Sahmat
MILRev: Metro Islamic Law Review Vol. 3 No. 2 (2024): 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.v3i2.8199

Abstract

Religious courts face complex challenges in resolving contemporary cases, such as marital disputes, inheritance distribution, and conflicts in Sharia-based economic matters. In the digital era, Artificial Intelligence (AI) offers innovative solutions to enhance the efficiency and accuracy of legal processes. This study employs a qualitative method with a descriptive-analytical approach to explore the potential use of AI in religious courts. Data was collected through literature reviews and document analysis, focusing on AI applications in inheritance calculations based on Islamic faraidh law, virtual dispute mediation, and Sharia contract analysis. The analysis follows the Miles and Huberman framework, involving data reduction, display, and conclusion drawing. Data validation was carried out through source triangulation to ensure the accuracy and credibility of the findings. The research findings reveal that AI can support digitalizing legal processes in religious courts, such as managing electronic documents, predicting rulings based on legal precedents, and monitoring compliance with sharia principles. Additionally, AI can potentially improve the efficiency of dispute mediation through digital platforms and facilitate automated inheritance calculations in line with Islamic law. However, implementing AI presents challenges, including inadequate regulations, potential algorithmic bias, and compatibility with Islamic legal values. This study’s academic contribution provides a new perspective on integrating modern technology with Islamic law, particularly within the religious court system. The findings are expected to serve as a foundation for developing strategic policies to support AI implementation in Islamic legal systems, addressing societal needs in the contemporary era.
THE BUSINESS BEHIND THE CHARM OF TOURIST VILLAGES: WHEN THE LAW NEEDS TO BE MORE REAL Pasaribu, Benhard Kurniawan; Maisyarah
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1796

Abstract

The charm of tourist villages across Indonesia is increasingly attracting attention as an alternative driver of community-based economic growth. Tourist villages serve not only as venues for cultural and natural preservation but also as incubators for various creative economic activities led by local communities. However, behind this economic dynamism, many business practices still operate without clear legal certainty—covering issues such as business entity status, partnership contracts, financial management, and the protection of intellectual property rights. This study explores three key questions: the forms and patterns of business practices within tourist villages, the legal challenges faced by business actors, and the ideal model of business regulation to strengthen the role of rural communities in managing tourist villages. The research employs a juridical-empirical method, using a problem-solving strategy that includes literature review, interviews, and direct observation of two tourist-village sites. The findings show that most business activities in tourist villages are carried out on a micro, small, and medium scale with informally managed operations. Several areas require greater attention and improvement: strengthening synergy between local government and village communities, enhancing legal awareness among local micro-enterprise actors, and addressing tourism safety and insurance standards. The study recommends a business-law regulatory model that formally designates local government as a mandatory partner for mentoring and supervision, implemented under the principle of “Community-Led, Government-Supported,” while ensuring that all major decisions in village tourism management reflect the outcomes of community deliberation.
Co-Authors Asyari, Fatimah Dina Paramitha Hefni Putri Dina Paramitha Hefni Putri Dina Paramitha Hefni Putri Ekawati Ekawati Gusti Heliana Safitri Hendrik Kusnianto Heribertus Richard Carsarino Irman Syahriar ISNAWATI Iwan Iwan Khairunnisah Khairunnisah Khairunnisah Khairunnisah Khairunnisah Kristanto, Yosua Yonathan Maisyarah Muhd Syahazizamir bin Sahmat Nathannael Stanlis Imron Noor, Muhammad Ferdian Saputra, Hendrik Aldi Sarikun Sarikun Sarikun Slamet, Amin Sukindar Triana Megawati Tening