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All Journal JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) MIZAN, Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Jurnal Hukum Bisnis Ipso Jure Ipso Jure Leges Privatae
Aisyah Aisyah
Universitas Prima Indonesia
Religion Decision Sciences, Operations Research & Management Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Ipso Jure

 1 
Islamic Perspective On Land Law In Indonesia Aisyah Aisyah
Ipso Jure Vol. 1 No. 7 (2024): Ipso Jure-August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xy00ww64

Abstract

This writing has an Islamic view of land ownership in Indonesia, the discussion of which is not only the view of positive Indonesian law, but the view of Islamic Law. The aim is that it can be used as a legal comparison to broaden insight into the concept of land ownership. By comparing legal systems, we can find similarities or differences, so we can find out which one is better. The final conclusion of the writing is that there are several things, namely, First, that the concept of land ownership in positive law in Indonesia, including the Republic of Indonesia, in various applications/rules seeks to regulate the utilization, allocation and use of land for the benefit of humanity in Indonesia, and hereinafter known Ownership rules have a religious communalistic element, referring to the rule of collective rights of members of the customary law community over land, which in the customary law literature is called Ulayat Rights. The rules/concept of land ownership in customary law are: there are Ulayat rights, then the subject is the customary law community, then the object includes all land belonging to the customary law community. The rules/concept of land ownership from the perspective of Islamic law is that everything belongs to Allah Almighty, which is empowered to servants/humans, as humans we must use Allah's law, implement individual and public property rights in a balanced manner, finally there is no system of ownership/landlords. Especially for land rights related to community development, the principle of Community Based Resources Management, namely the principle of structuring natural resources of land and plantations based on the local community, should be expected. In this way, the Land Law will provide guarantees for the development of the ummah, which in turn creates a State that is bandatum toyyibatum wa Rabbun Ghafur, and spreads Rahmad for nature and all the ummah around it.
Therapeutic Agreement Between Doctor and Patient: Juridical Analysis in Civil Law Aisyah Aisyah; Arya Tjipta Prananda; Guslihan Dasatjipta; Afrita Afrita
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8fnqed72

Abstract

The relationship between doctor and patient is not only ethical and professional, but also has a strong legal dimension, particularly in the form of therapeutic agreements. This agreement forms the basis for initiating medical proceedings and creates a binding legal relationship based on the principles of civil law. This study aims to analyze juridically the existence and validity of therapeutic agreements within the framework of civil law, examine the forms of legal liability arising from violations, and evaluate evidentiary instruments in medical disputes. The method used is normative legal research with a legislative approach, supported by an analysis of legal literature and jurisprudence studies. The results of the study show that although therapeutic agreements are often not stated in writing, their existence is still valid and binding if they meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. Informed consent serves as proof of the implementation of the agreement and as the basis for legal defense in disputes. Civil liability can be imposed both on doctors personally and hospitals as institutions through the doctrine of vicarious liability, and forms of compensation include material and immaterial losses. Dispute resolution through non-litigation channels such as mediation and the role of the Indonesian Medical Discipline Honorary Council (MKDKI) also have an important contribution in maintaining a balance between patient protection and medical professional accountability.
The Urgency of Waqf Land Certification in Ensuring Legal Certainty of Land Rights Aisyah Aisyah
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4z6b7p84

Abstract

The prevalence of uncertified waqf land in Indonesia shows the weak legal protection of religious assets in the national land system. The absence of a certificate makes waqf land vulnerable to disputes, unauthorized transfer of rights, and difficulty in proving legal status in court. This study aims to examine the normative aspects of waqf land certification and its urgency in ensuring legal certainty. The method used is a legislative and conceptual approach, by analyzing regulations such as Law No. 41 of 2004 concerning Waqf, Law No. 5 of 1960 concerning Agrarian Principles, and Government Regulation No. 24 of 1997 concerning Land Registration. The results of the study show that although the legal norms of waqf are available, their implementation has not been effective due to the disharmony between the waqf law and the national land system. Waqf land certification should not only be seen as an administrative obligation, but also as a juridical instrument for the protection of waqf assets. Regulatory harmonization and institutional coordination between the Ministry of Religion and BPN are needed, including the integration of digital systems such as SIWAK and PTSL. Thus, waqf land certification is a strategic step in realizing a national legal system that is fair, integrated, and responsive to religious and social values.  
Legal Implications of Inherited Land Certificate Split: A Review of Agrarian Law and Inheritance Law Perspectives Aisyah Aisyah
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/by4tmr38

Abstract

The breakdown of inherited land certificates in Indonesia faces serious challenges due to the insynchronization between the monistic agrarian legal system and the pluralistic inheritance law (civil, Islamic, and customary). This dualism creates normative and administrative barriers, especially when the process of renaming a certificate requires formal legal documents, while many societies still use a deliberation or customary-based non-formal inheritance system. This study aims to analyze the legal inconsistencies and the need for regulatory harmonization between agrarian law and inheritance law in the context of inherited land redistribution. Using normative juridical methods and legislative, conceptual, and case-case approaches, this study found that the absence of legal instruments recognizing the validity of non-notarial inheritance documents has triggered many inheritance land disputes. Weak legal accessibility and maladministrative practices further worsen the protection of civil rights of the community. Therefore, there is a need for a policy reformulation based on legal pluralism and responsive law that is able to accommodate social realities and ensure substantive justice. Strengthening the role of notaries, PPAT, and recognition of customary inheritances are strategic steps in building an inclusive, fair, and democratic land system. These findings are expected to be an important contribution to the national agrarian reform agenda based on justice and legal certainty.
Co-Authors Afrita Afrita Belinda Nathania Bimbi Naimah Cynthia Phinaldo Dedi Yusuf Kristian Gultom Evelin Wijaya Felim yenson Fendy Fendy Guslihan Dasatjipta Hediyanto Harahap Immanuel Simanjuntak James Ng Mazmur Septian Rumapea Pohan, Masitah Rika Rahayu Sitompul Samuel Purba Syafruddin Syafruddin Tjipta, Arya