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All Journal Yustisia Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Journal of Indonesian Legal Studies Hasanuddin Law Review Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada YUSTISI International Journal of Supply Chain Management Jurnal Analisis Hukum Yustisi: Jurnal Hukum dan Hukum Islam SABURAI INTERNASIONAL JOURNAL OF SOCIAL, SCIENCES, AND DEVELOPMENT (Saburai-IJSSD) International Journal of Educational Research and Social Sciences (IJERSC) JHCLS Journal of Law, Society, and Islamic Civilization Volksgeist: Jurnal Ilmu Hukum dan Konstitusi POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Comprehensive Science Journal of Law, Poliitic and Humanities Al-Istinbath: Jurnal Hukum Islam Jurnal Hukum dan HAM Wara Sains Journal of Sustainable Development and Regulatory Issues MILRev: Metro Islamic Law Review Causa: Jurnal Hukum dan Kewarganegaraan Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Politika Progresif : Jurnal Hukum, Politik dan Humaniora Asian Journal of Social and Humanities Prosiding Seminar Nasional Ilmu Pendidikan Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Majelis: Jurnal Hukum Indonesia Greenation International Journal of Law and Social Sciences International Journal of Society and Law Jurnal Cendekia Ilmiah Siber International Journal of Advanced Law Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis Prosiding Seminar Nasional Ilmu Hukum Jurnal Hukum, Administrasi Publik dan Negara Technology and Economics Law Journal Contrarius
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The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control Desy Nur Aini, Fajar; Karjoko, Lego; Tuhana, Tuhana
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.796

Abstract

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.
Analysis Of Cancellation Of Land Rights Certificates In Certificate Overlapping Cases Tiara Kusuma, Dhika; Gusti Ayu Ketut Rachmi Handayani , I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 5 No. 3 (2024): June 2024 ( Indonesia - Ethiорiа - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i3.840

Abstract

This study aims to determine and analyze how the cancellation of a land title certificate due to an overlapping certificate. This case study examines Mataram State Administrative Court Decision No.54/G/2022/PTUN.MTR Jo. State Administrative High Court Decision No.25/B/2023/PTTUN.MTR uses the perspective of equitable legal certainty to find out and analyze the overlapping problems that are still often encountered in Indonesia. The problem of the research is the background of the occurrence of an overlapping certificate in Decision No.54/G/2022/PTUN.MTR and what implications arise against the disputed object land. The research method used is normative legal research using a case approach and using primary legal materials including Decision No.54/G/2022/PTUN.MTR on the occurrence of an overlapping certificate. The result of this research is that the certificate issued by the National Land Agency has been deemed defective and must be canceled so as not to harm the Plaintiff as the legitimate holder of the Certificate of Ownership with evidence in the form of a Sale and Purchase Letter between the Plaintiff's parents and the Defendant's parents.
The Impact of Corona Virus on Supply Chain of Halal Tourism Management in West Nusa Tenggara Jaelani, Abdul Kadir; Ketut Rachmi Handayani, I Gusti Ayu; Karjoko, Lego
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5594

Abstract

Abstract— This study aims to explain the impact of the corona virus on the supply chain of halal tourism management in West Nusa Tenggara. The type of research used is normative legal research. This study is descriptive. The type of data used is secondary data. Secondary data collection techniques were obtained through literature review. The primary and secondary data were analyzed qualitatively. The results showed that, first, the most dominant impact occurred on trade and tourism. During January to March 2020, there was a decline in imports and exports from and to China. The number of Chinese tourists also dropped quite dramatically. Efforts that can be made to overcome this include diversification of export shares to other countries; increase domestic production and consumption; and increase domestic tourism and tourists from outside China. Second, the supply chain of halal tourism management through Regional Regulation Number 2 of 2016 on Halal Tourism has not solved the problems of regional tourism such as good environmental maintenance from the increasingly damaged biology resource crisis, the deforestation, the limited water resources, soil erosion, sedimentation, abrasion on the cost, coral reef damage, littering 53% or about 250 ton plastic waste every day.  Even, this regional regulation is in contrary to the higher laws and religious nuances.
Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia Fathoni, M. Yazid; Sulistiyono , Adi; Karjoko, Lego
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1351

Abstract

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945.
The Effectiveness Of Notaries Obligations In Providing Notarial Services Free Of Charge In Sragen Regency Nurjayatun, Nurjayatun; Karjoko, Lego; Hermawan, Sapto
International Journal of Educational Research & Social Sciences Vol. 5 No. 5 (2024): October 2024 ( Indonesia - Uzbekistan )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i5.879

Abstract

A Notary Is A Professional Who Plays A Vital Role In Society, Particularly In Creating Order By Ensuring That Legal Events Are Documented In An Authentic Deed, In Accordance With Article 1, Paragraph (1) Of Law Number 2 Of 2014 On Amendments To Law Number 30 Of 2004 (Uujn). In Its Implementation, According To Its Authority Under Article 37, Paragraph (1) Of The Uujn, Which Mandates Notaries To Provide Notarial Services Free Of Charge To Those In Need, The Situation In Sragen Regency Remains Minimal. This Is Due To Several Factors That Hinder The Effectiveness Of This Article: 1) The Legal Factor Itself, Wherein Article 37 Of The Uujn Requires Further Clarification Regarding The Types Of Notarial Services That Can Be Provided Free Of Charge To Those Who Cannot Afford Them, In Order To Prevent Multiple Interpretations By Notaries And To Ensure Legal Certainty For All Parties Involved; 2) The Law Enforcement Factor, Specifically The Mpd (District Regulation Agency) And Notaries. In This Case, The Mpd Has Never Inquired Or Urged Notaries To Fulfill This Obligation, Which Is Based On Minimal Oversight From The Mpd. Furthermore, Notaries, Who Are Aware Of This Obligation, Have Never Conducted Legal Outreach To The Community, Resulting In A Lack Of Awareness Of The Regulation Among The General Public.
The Legal Consequences of Nominee Arrangements under the Basic Agrarian Law and Supreme Court Circular Number 10 of 2020, along with the Roles of Notary in Minimizing the Creation of Nominee Arrangement Deeds Rahmawati, Fitria; Sudarwanto, Albertus Sentot; Karjoko, Lego
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1557

Abstract

This study examines the differences in the legal consequences of nominee arrangement in the Basic Law of Agaria and the Supreme Court Circular Number 10 of 2020 which will be viewed from the perspective of certainty and justice. The deed of nominee arrangement cannot be separated from the notary since only a notary can formulate it in the form of an authentic deed, so the author also examines the notary's role in minimizing the making of a deed of nominee arrangement. This research is normative and evaluative and uses primary and secondary legal materials. The technique of collecting legal materials uses the library study technique, and the technique of analyzing legal materials uses the deductive syllogism method. The study results show that the Basic Law of Agaria provides more justice and legal certainty than the Supreme Court Circular, so the rules on nominee arrangement in the Supreme Court Circular shouldn’t be enforced. The role of notary in minimizing the rampant nominee arrangement cannot be separated from the support and role of the Notary Supervisory Board to guide a preventive and repressive effort to strengthen a notary's morals and integrity patterns. Furthermore, this writing hopes that the Supreme Court revokes the rules relating to nominee arrangement. Another hope is that notary can actively prioritize their moral integrity to provide legal counseling and reject the creation of deeds containing nominee arrangement.
Implikasi Dissenting Opinion Hakim Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilihan Umum (PHPU) Presiden dan Wakil Presiden Tahun 2024 M. Giovani Fernanda; Lego Karjoko; Hari Purwadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The 2024 Presidential and Vice Presidential PHPU case contained a dissenting opinion, which had never happened before. This research aims to analyze the dissenting opinions of Constitutional Court Judges in the PHPU dispute for the President and Vice President and the implications of the dissenting opinion for the upcoming election. The research method is normative juridical. The type of data used is secondary data. The data analysis technique uses a data interpretation method with deductive reasoning which is presented descriptively. The results of this research are: first, the Dissenting opinion of the Constitutional Court Judge in the 2024 Presidential and Vice Presidential PHPU case, namely: Constitutional Justice Saldi Isra assessed that the distribution of social assistance during elections has the potential to cause a conflict of interest, so that the Petitioner's petition relating to social assistance is legally grounded; Constitutional Justice Arief Hidayat, based on systematic and grammatical interpretation, is of the opinion that the President/Vice President's right to campaign is used when the President/Vice President pair becomes the President/Vice President candidate pair in an election contest; Constitutional Justice Enny Nurbaningsih believes that there has been non-neutrality of officials in several regions, so the Court should order re-voting for several of these regions. Second, the implications of dissenting opinions on the upcoming election can be used as a basis for the implementation of future elections, so that there are improvements both in terms of regulations, institutions and implementation that must be carried out by legislators and election organizers in order to increase the integrity and credibility of elections.
Pengelolaan dan Penggunaan Dana Desa Tanjungsari, Kecamatan Pacitan, Kabupaten Pacitan dalam Perspektif Hukum Aida Fatma; Lego Karjoko
Prosiding Seminar Nasional Ilmu Pendidikan Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Pendidikan
Publisher : Asosiasi Riset Ilmu Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/prosemnasipi.v1i2.66

Abstract

The country of Indonesia has around 82.3% of its territory in villages. Based on Law Number 56 of 2015, the number of villages in Indonesia is 74,754 villages. Government policies are needed that support village development and empower village communities so that villages can be developed and village communities can develop. In 2015, Tanjungsari Village in Pacitan Regency began receiving financial assistance from the government based on Law Number 6 of 2014 concerning Villages. This assistance is provided to support development and empowerment of local communities. These villages are used by the village government and community to evaluate village road facilities and improve village offices so they can provide better services to village residents.
Enhancing Consumer Protection in Electronic Transactions in Indonesia Rosidah, Zaidah Nur; Karjoko, Lego
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3942.pp194-207

Abstract

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.
Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

Abstract

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.
Co-Authors , Isharyanto Abdul Kadir Abdul Wahid Abidana Mazida Adam Ilham Fabian Agung Ariyanto AIDA FATMA Al Ayubi, Aji Ilham Albertus Sentot Sudarwanto, Albertus Sentot Anom Husodo, Jadmiko Ariandayu, Adinda Arief Hamdani Gunawan, Arief Hamdani Arthania, Yolva Febreight Auliyaa Martati Burhanudin Harahap Cania Prameswari Hadi Waluyo Chairunisa, Arrum Danendra, Ravi Desy Nur Aini, Fajar Dhea Putri Sri Wahyuniarti Dinda Putri Indrawan Elizabeth Ayu Puspita Adi Fandi Satria Fandra Mahira, Dararida Fathoni, M. Yazid Fatma Ulfathun Najicha Fatma Ulfatun Najicha Fitria Rahmawati Gusti Ayu Kade Harry Adhisukmawati, I Gusti Ayu Ketut Rachmi Handayani , I Gusti Ayu Ketut Rachmi Handayani, I Hamdani Gunawan, Arief Hanisa, Intan Hans Blix Baarixur Rahman Hari Purwadi Hartami, Annisa Hartiwiningsih Hartiwiningsih Hasmonel Hasmonel Hastuti, Intan Hermawan, Sapto Hersriavita, Sara Hidayat, Shubhan Noor I Gusti , Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ketut Ayu Rachmi Handayani Intan Hanisa Irawati, Melania Isharyanto , Isharyanto Isharyanto Iswantoro Iswari, Fauzi Ketut Ayu Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ayu Ketut Rachmi, I Gusti Ayu M. Giovani Fernanda MEGA TITIS ARUMDALU Meiliana Wanda Agesa Mohd Rizal Palil Muhammad Fathony Muhammad Restu Putra Pratama MUhammad Yusrizal Mutia Huda, Clarisa Nabila Rahma Safitri Nadinda Rahma Najicha, Fatma Ulfatun Nathania Olga Br Nababan Ninuk Triyanti, Ninuk Nur Sulistiyaningsih Nurjayatun, Nurjayatun Nyoman Satria Perwira, I Parakleyto Majma Al-Bahrayn Patarida Sitorus, Dian PELENGKAHU, Muhammad Rahjay Pujiono Suwadi Putri Herfawan, Maurynesa Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ketut Ayu Rahayu Subekti Rahmadi, Aji Ramazanova, Makhabbat Randy Vallentino Neonbeni Ravi Danendra Reanda Nelis Rosita Candrakirana Rulla Paundryanagari Sahid Sugeng Santoso Sulistyanta Sulistyanta Suryajaya, Jonathan Chandra Tiara Kusuma, Dhika Tuhana Tuhana W. Wardhani, Dinar Waluyo Waluyo Wastuti, Asih Wida Astuti Widiatama Widodo Tresno Novianto Yoniawati, Popi Zaidah Nur Rosidah Zullaika Tipe Nurhidayah