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All Journal Jurnal Cakrawala Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta
Suhariningsih Suhariningsih
Universitas Brawijaya
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing Norentia Ekunming Sari; Suhariningsih Suhariningsih; Abdul Madjid
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5808

Abstract

This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808
HAK INGKAR NOTARIS SEBAGAI SAKSI DALAM PERADILAN PIDANA Arum Dewi Azizah Salsabila; Suhariningsih Suhariningsih; Ismail Navianto
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 3, No 1 (2018): Juni 2018
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (174.067 KB)

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the purpose of this study was to find out why the notary right of refusal can not be used in criminal justice and what are the legal implications of a notary if a notary becomes a witness in a criminal court. This research uses normative juridical research method with the approach of legisla- tion, conceptual, historical, case. The notarization rights can not be used in criminal justice because the criminal proofing system in Indonesia, the position of witness testimony in the search for truth materill, and the principle of examination of judge who directly and orally. As well as the legal implications arising from the right to a notary if the notary has been approved by the Notary Board of Honor (MKN) to appear as a witness in a criminal court that the notary’s right is void. DOI: http://dx.doi.org/10.17977/um019v3i12018p008
Legal Pluralism and The Dual Status of Catholic Divorce in Indonesia: Reformulating an Integrative Church Mediation Model for Harmonizing Civil and Canonical Jurisdictions Diva Yulia Amanda; Afifah Kusumadara; Suhariningsih Suhariningsih
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.53063

Abstract

This study aims to analyze the dualism of divorce status experienced by Catholics in Indonesia as a consequence of the normative conflict between national marriage law and Catholic Canon Law, as well as to formulate an integrative mediation model through Church institutions as a mechanism for harmonizing the two legal regimes. Existing studies have primarily focused on descriptive analyses of the relationship between state law and religious law, while limited attention has been devoted to procedural mechanisms capable of harmonizing conflicting civil and ecclesiastical jurisdictions. This normative legal research employs both statutory and conceptual approaches. The analysis is conducted through the examination of primary legal materials, including Law No. 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, and the Code of Canon Law, supported by secondary legal materials from scholarly literature. Legal materials are analyzed using systematic and interdisciplinary interpretation methods. The findings reveal that the coexistence of civil divorce recognition under Article 38 of the Marriage Law and the principle of the absolute indissolubility of marriage under Canon 1141 generates a condition of legal dualism that reflects the characteristics of weak legal pluralism. This dualism gives rise to substantive legal uncertainty, ambiguity in personal status, restrictions on the civil right to remarry, and limitations on the exercise of religious rights within the Catholic Church. Consequently, the legal certainty provided by civil courts remains merely formal and administrative, without resolving the broader religious and social implications faced by Catholic divorcees. The novelty of this study lies in proposing an Integrative Church Mediation Model as a procedural harmonization mechanism that has not been comprehensively discussed in previous scholarship. The proposed model offers practical implications for judicial institutions, policymakers, and Church authorities in addressing legal uncertainty within Indonesia’s pluralistic legal system. The study concludes that a holistic procedural reconstruction is necessary through the adoption of an Integrative Church Mediation Model as a pre-litigation mechanism capable of harmonizing civil and ecclesiastical jurisdictions, thereby ensuring greater legal certainty, justice, and protection for Catholics in a pluralistic legal system.
Co-Authors Abdul Madjid Afifah Kusumadara Arum Dewi Azizah Salsabila Diva Yulia Amanda Ismail Navianto Norentia Ekunming Sari