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All Journal DE JURE Pandecta Jurnal Dinamika Hukum Arena Hukum Jurnal Cakrawala Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Istinbath: Jurnal Hukum dan Ekonomi Islam Media Iuris Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains Ascarya: Journal of Islamic Science, Culture and Social Studies UNES Journal of Swara Justisia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Multidisiplin Madani (MUDIMA) International Journal of Humanities Education and Social Sciences Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Reform Journal (ILREJ) Human Rights in The Global South (HRGS) Asian Journal of Law and Humanity Warkat
Rachmi Sulistyarini
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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The Authority of Sub-District Heads in Revoking Land Rights for Personal Interests: Between Legality and Justice Tambunan, Rico J.R.; Safa’at, Rachmad; Permadi, Iwan; Sulistyarini, Rachmi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): 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.v13i2.1675

Abstract

After the enactment of Law Number 22 of 1999 concerning Regional Government, currently the authority of the sub-district head as a regional head has previously been attributive and is now delegative. the aim of this research is about how is the legality of the sub-district head’s authority to release land rights for private interests. The research method used is normative juridical. The research results showed that the legality of the sub-district head’s authority to release land rights for private interests is not fulfilled. This is because there is not a single clause that states that the sub-district head can sign documents releasing land rights after the enactment of Law Number 22 of 1999 concerning Regional Government, which currently has the authority of the sub-district head as a regional head from previously being attributive and now being delegative, so that the Letter of Relinquishment of Land Rights made and signed by the District Head regarding the location of the land in question, cannot be used as a formal requirement for registration of land rights at the Land Office. Based on the applicable legal provisions, the deed of releasing land rights for private purposes should be made by a Notary. An authentic deed provides more legal certainty so as to cause justice for the party who relinquishes its rights/owner as well as for the next prospective applicant. Statement of Relinquishment of Land Rights signed by the Subdistrict of Cileungsi declared invalid / null and void.
LEGAL IMPLICATIONS OF THE ADMISSION OF EXCEPTIO NON ADIMPLETI CONTRACTUS ON A COUNTERCLAIM IN A BREACH OF CONTRACT CASE Sinar Tamba Tua Pandiangan; Rachmi Sulistyarini; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2878

Abstract

In Indonesian judicial practice, there is a divergence of opinions among judges regarding the legal consequences/implications of the acceptance of Exceptio non adimpleti contractus on counterclaim. This has prompted the author to research the legal implications of the acceptance of Exceptio non adimpleti contractus on the counterclaim in breach of contract cases. This research utilizes a normative legal research method. If Exceptio non adimpleti contractus is granted, the counter claim may still be considered by the panel of judges to fulfill the principles of simple, swift, and low-cost justice. This approach is considered more efficient and avoids delays also additional costs that would arise if the defendant were required to file a new lawsuit. Moreover, within the framework of progressive legal theory, adjudicating a case while considering the counterclaim, even after Exceptio non adimpleti contractus is granted, can provide real benefits to society by ensuring prompter and more affordable access to justice.
Navigating Dual Lineage: Inheritance Uncertainty for Children of Pada Gelahang Marriages in Bali Ayu Putu Kusuma Wardhani; Sulistyarini, Rachmi; Widyanti, Yenny Eta
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 3 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i3.591

Abstract

Abstrak Perkawinan “Pada Gelahang” merupakan bentuk perkawinan alternatif dalam masyarakat adat Bali yang dipilih ketika pasangan tidak dapat melaksanakan perkawinan biasa atau nyentana. Dalam praktiknya, baik suami maupun istri tetap berstatus purusa di rumah masing-masing dengan segala hak (swadikara) dan kewajiban (swadharma) yang melekat. Kondisi ini menimbulkan persoalan dalam hukum kewarisan karena sistem adat Bali memprioritaskan laki-laki sebagai penerus tanggung jawab keluarga dan pengelola warisan, sedangkan perempuan hanya berperan sebagai penerima manfaat. Penelitian ini bertujuan untuk menganalisis implikasi pelaksanaan hak waris anak dalam sistem perkawinan Pada Gelahang di Kabupaten Buleleng dan Kota Denpasar. Metode penelitian yang digunakan adalah Socio Legal Research dengan pendekatan yuridis sosiologis. Hasil penelitian menunjukkan bahwa kedudukan hak waris anak dalam perkawinan Pada Gelahang tidak memperoleh kepastian hukum yang jelas. Posisi anak sebagai ahli waris menjadi ambigu karena tidak terdapat perjanjian formal yang mengatur status mereka dalam struktur keluarga ganda. Hal ini menimbulkan ketidakpastian dalam distribusi harta warisan, sehingga diperlukan regulasi atau kesepakatan adat yang lebih tegas untuk memberikan kepastian hukum. Kata Kunci: Perkawinan Pada Gelahang, Purusa, Hukum Waris, Masyarakat Adat Bali, Kepastian Hukum Abstract Pada Gelahang marriage is an alternative form of marriage in Balinese customary law, chosen when couples are unable to perform either the common marriage system or the nyentana system. In this practice, both husband and wife retain their status as purusa in their respective families, along with the attached rights (swadikara) and obligations (swadharma). This situation creates challenges in inheritance law since Balinese customary law prioritizes males as family successors and estate managers, while females are regarded merely as beneficiaries. This study aims to analyze the implications of children’s inheritance rights in the Pada Gelahang marriage system in Buleleng Regency and Denpasar City. The research employs Socio Legal Research with a sociological juridical approach. The findings reveal that the inheritance rights of children born from Pada Gelahang marriages lack legal certainty. Their position as heirs remains ambiguous due to the absence of a formal agreement regulating their status within the dual family structure. This ambiguity creates uncertainty in the distribution of inheritance, indicating the need for clearer customary agreements or regulations to ensure legal certainty. Keywords: Pada Gelahang Marriage, Purusa, Inheritance Law, Balinese Customary Community, Legal Certainty
Politik Hukum Hak Masyarakat Adat Dalam Upaya Perlindungan Hak Ulayat. Cyrilus Bomas Bolok Werang; I. Nyoman Nurjaya; Rachmi Sulistyarini
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 2 (2025): IJHESS OCTOBER 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i2.1293

Abstract

Land is essential for communities throughout the world, including indigenous peoples in Indonesia. However, throughout Indonesian history, indigenous peoples have continuously strived to secure their rights and strengthen their position in governance and land ownership in Indonesia. Unfortunately, these efforts have not yielded results. In fact, customary rights continue to be violated in the name of development or 'national interests'. In fact, the position of indigenous peoples in obtaining their land rights is protected by the constitution as stipulated in the 1945 Constitution and Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA). Therefore, this study aims to determine the legal status of Indigenous Peoples in obtaining protection of Customary Land Rights based on positive law draft legislation in Indonesia. This research was conducted using a normative juridical research method with a legislative approach that will examine and analyze the application of rules or norms in various laws and regulations that will become new legal products, as well as various other literature as sources that can help in answering all existing problems.
EFFECTIVENESS OF IMPLEMENTATION OF THE PRINCIPLE OF RECOGNIZING SERVICE USERS FOR NOTARIES BASED ON PERMENKUMHAM NO. 9 YEAR 2017 STUDY IN MALANG CITY Dian Dombat Pejoreza; Moh Fadli; Rachmi Sulistyarini
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.1092

Abstract

The presence of a notary in the midst of society is very important, because a notary can provide guarantees of legal certainty related to making authentic deeds. Notaries are burdened with the obligation to implement PMPJ based on Permenkumham No 9 of 2017. This obligation is borne by Notaries as Reporting Parties in reporting suspicious financial transactions of service users as well as a form of protection for Notaries from the dangers of money laundering and steps to support Government programs in eradicating criminal acts money laundering. However, in implementing this principle there are still several notaries who have not implemented it. The problems studied in this study are related to the effectiveness of the implementation of PMPJ based on Permenkumham No. 9 of 2017 on the authority of Notaries in Malang City. The research method used is socio-legal with a sociological approach or looking at the implementation of norms in the field. The results of the study show that notaries in Malang are still found not to have implemented PMPJ based on Permenkumham No. 9 of 2017, PMPJ is considered a Notary. then the implementation is not effective, even though the legal substance has provided rules, the implementation of this article is hampered by several factors, namely the Notary Factor itself which comes from an internal Notary who does not apply it, does not understand the obligation to apply PMPJ (PMPJ) based on Permenkumham No. 9 of 2017, Inadequate facilities, notary's lack of understanding regarding how to control/use the IT system, and there are no strict sanctions from the Ministry of Law and Human Rights against notaries who do not implement PMPJ.
Legal Protection of Instrument Witnesses in Maintaining the Secret Position Notary Ira Nur Istiqomah; Rachmi Sulistyarini; Dhia Al Uyun
Jurnal Multidisiplin Madani Vol. 3 No. 8 (2023): August, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i8.5524

Abstract

Notary as an official who is legally authorized to make official deeds, in accordance with the provisions in Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the office of notary. A requirement that must be met to make an authentic deed is the presence of witnesses. This witness is a person who is present when an event occurs and has the ability to provide information that can prove that the event actually occurred. An instrument witness is a person who is present in the process of making a deed by a notary, where his name is also recorded in the deed. This study aims to analyze how the legal rules regulate and protect the confidentiality of information from instrument witnesses in maintaining the confidentiality of the notarial deed they witnessed. To protect them from possible undesirable consequences, there needs to be legal protection given to witnesses in the process of making notarial deeds. This is important because witnesses are often involved in problems or disputes that arise in relation to the documents they witness. In order for witnesses not to be victimized or further involved in the case, legal protection must be guaranteed to ensure that they will not be harmed due to their role as witnesses in the notarial deed. This research applies a normative legal research method using a statue approach. There are no clear provisions regarding the legal rules of instrument witnesses in notarial deeds based on research. The absence of regulations regarding witnesses contained in the Notary Position Law or other regulations. Law No. 31 of 2014 amending Law No. 13 of 2006 on Witness and Victim Protection serves to provide legal protection to witnesses involved in the process of making notarial deeds. However, in Law No. 31 of 2014 amending Law No. 13 of 2006 on Witness and Victim Protection, the protection of witnesses' rights is still inadequate. Witnesses who are given protection by the Law are individuals who are directly involved and have knowledge and experience of a criminal offense. Meanwhile, a notarial deed witness is a person who is present to witness the formal process of making a deed. The Law on the Protection of Witnesses and Victims is inadequate in providing legal protection to witnesses involved in the process of making notarial deeds
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR Samuel Fajar Hotmangara Tua Siahaan; Rachmi Sulistyarini; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4422

Abstract

Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
Justice, Land, and Sharia: Conceptualizing Agrarian Courts in the Settlement of Land Ownership Disputes Tambunan, Rico J.R.; Safa'at, Rachmat; Permadi, Iwan; Sulistyarini, Rachmi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32486

Abstract

Agrarian disputes remain pervasive and complex, frequently involving violations of land rights, land grabbing, and overlapping claims. Such disputes often span civil, administrative, and even criminal dimensions, resulting in fragmented litigation before the General Courts and the State Administrative Courts. This fragmented adjudication has produced inconsistent and conflicting judicial decisions, thereby undermining legal certainty and justice in the land sector. These conditions underscore the urgency of establishing a specialized agrarian court with a clear institutional and procedural framework. This study aims to formulate a conceptual model of an agrarian court and to propose its future institutional mechanism in order to ensure legal certainty in the resolution of agrarian disputes. From the perspective of Islamic law, land ownership constitutes a protected right (ḥifẓ al-māl) that necessitates an effective and just dispute-resolution mechanism. This research employs a normative legal methodology using statutory, case, comparative, and conceptual approaches, supported by primary, secondary, and non-legal materials. The findings propose the Agrarian Court Concept based on the “3Ps” framework—Position, Procedure, and Professionalism—which emphasizes institutional clarity, specialized procedural rules, and competent adjudicators. This model is designed to prevent future disputes, harmonize judicial decisions, and resolve agrarian conflicts in a manner that promotes legal certainty, justice, and the broader objectives of law, including the principle of enjoining good and preventing harm.
COPYRIGHT WAKAF REGULATIONS IN INDONESIA FROM THE PERSPECTIVE OF MAQASHID SYARIAH Muhtadhy, Jailani; Sulistyarini, Rachmi; Chanifah, Nur
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1090

Abstract

This study aims to analyze the validity of copyright waqf from the perspective of Maqashid Syariah and formulate an appropriate and legally certain regulation in Indonesia. Copyright waqf is an extension of the waqf object recognized in Law No. 41 of 2004 and Government Regulation No. 42 of 2006. However, there are no specific regulations regarding its mechanism, registration, and management. The research method employed is a normative juridical approach, incorporating legislative, conceptual, and historical perspectives. The results of the study indicate that a copyright waqf is valid according to Islamic law if it meets the principles of full ownership, sustainable benefits, and does not conflict with Islamic law. From the perspective of Maqashid Syariah, copyright waqf reflects the protection of religion and property (hifz al-din and hifz al-mal). However, in positive law, a normative vacuum persists, resulting in legal uncertainty. Therefore, this study recommends establishing special regulations and a copyright waqf management institution under the coordination of the Indonesian Waqf Board (BWI), so that its management is more professional, transparent, and in accordance with the principles of maqashid sharia.
FROM FORMAL VALIDITY TO ETHICAL ACCOUNTABILITY: GOOD FAITH IN SHARIA ELECTRONIC CONTRACTS UNDER INDONESIAN LAW Nugraha, Sigit Nurhadi; Budiono, Abdul Rachmat; Santoso, Budi; Sulistyarini, Rachmi
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.12690

Abstract

The expansion of electronic contracts has significantly transformed sharia-based transactions in the digital sphere, yet the prevailing legal framework remains largely anchored in formal validity. Indonesian contract law and the Law on Electronic Information and Transactions (ITE Law) primarily assess contract enforceability through formal requirements and the legal recognition of electronic documents, offering limited tools to evaluate the ethical quality of consent formation. In contrast, Islamic economic law, as articulated in the Compilation of Sharia Economic Law (KHES) and the fatwas of the National Sharia Council (DSN-MUI), emphasizes trustworthiness, transparency, and substantive justice, but lacks operational parameters suited to digital transactions. This normative gap constitutes the central problem addressed in this article. The study aims to reconceptualize good faith as ethical accountability and to formulate a parameter-based model for assessing sharia electronic contracts. Employing normative legal research with statutory and conceptual approaches, the analysis draws upon Indonesian contract law, the ITE Law, KHES, DSN-MUI fatwas, and relevant legal doctrines. The findings demonstrate that good faith should be repositioned from a post-dispute corrective principle to an ex ante standard of ethical accountability governing contract formation. The article formulates five key parameters of good faith: substantive transparency of information, fairness of electronic consent processes, balance of bargaining power, consistency between pre-contractual representations and contract performance, and prevention of exploitative gains. This model contributes to the literature by bridging the fragmentation between positive contract law, digital regulation, and sharia principles. Practically, it offers a substantive framework for consumer protection and sharia compliance in Islamic fintech and digital marketplaces.
Co-Authors Abdul Madjid ABDUL RACHMAD BUDIONO Adityadarma Bagus Priasmoro Suryono Putro Afifah Kusumadara Akib, Muhammad Kibar Aris Tri Wibowo Ayu Putu Kusuma Wardhani Budi Santoso Budianto, Willy Budiono, Abdul Rachmat Cindy Olivia Susanto Cyrilus Bomas Bolok Werang Dhia Al Uyun Dhiana Puspitawati Dian Dombat Pejoreza Dian Dombat Pejoreza Djumikasih Dwi Budi Santoso Dyah Ayu Wisnuwardhani FADLI, MOH Fathanah, Rahdinal Fuad, Helmy Ziaul Ganindha, Ranitya Halim, Bima Ridho Hamidah, Siti Hamidi Masykur Hanif Nur Widhiyanti Hashifah, Adinda Salwa Hasnadewi, Nada Hayati, Asna Nurul Hidayat, Fitri I Nyoman Nurjaya I. Nyoman Nurjaya Imam Koeswahyono Ira Nur Istiqomah Istiqomah, Ira Nur Iwan Permadi Januar, Inri Kodir, Abdul - Luth, Tohir Miftahus Sholehudin MOH FADLI Mohammad Fadli Mohammad Hamidi Masykur Muhtadhy, Jailani Muktiono Muktiono Naufal Anfasa Firdaus Nugraha, Sigit Nurhadi Nur Chanifah Nurwijayanti Pearl Princila Br. Manurung Prasada, Dewa Krisna Putri, Dinae Qurbani , Indah Dwi Ramdhan, Syaffi' Rangga Raditya Ridwan Fariz Maulana Riskawati, Shanti Rosyida Tri Yunita Safa'at, Rachmat Safa’at, Rachmad Saleh, Farah Labita Putri Insyira Maharani Salsabila, Shindy Nabila Samuel Fajar Hotmangara Tua Siahaan Santoso, Budi Satria Amiputra Amimakmur Semadi, I Komang Yoga Sinar Tamba Tua Pandiangan Siti Hamidah Siti Rohmah Sugiri, Bambang Sulistyorini, Hastuti Tahir Luth Tahir Luth Tambunan, Rico J.R. Thohir Luth Ummu Salamah Ummu SALAMAH Ummu Salamah Utami Widiati Wico, Standy Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Yenny Eta Widyanti Zamiatun, Arda Zham-Zham, Lelly Muridi