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Transfer of Mortgage Rights Resulting from Cession as a Land Administration Act: Peralihan Hak Tanggungan akibat Cessie sebagai Tindakan Administrasi Pertanahan Krisnawaty, Krisnawaty; Muskibah, Muskibah; Abu Bakar, Firdaus
Mendapo: Journal of Administrative Law Vol. 7 No. 1 (2026): (2026)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v7i1.53383

Abstract

This article analyzes the transfer of Mortgage Rights resulting from the assignment of receivables (cessie) within the framework of land and administrative law. The issue arises from differing interpretations of Article 16 paragraph (1) of the Mortgage Law concerning the phrase “by operation of law” in relation to the principle of publicity in land registration. Using a normative legal method with statutory and administrative law approaches, this study examines the juridical status of recording the transfer of Mortgage Rights at the Land Office. The findings show that although Mortgage Rights follow the receivable under the principle of accessorium sequitur principale, the transfer only gains external legal effect after being recorded in the land register. Such recording constitutes a land administrative act that fulfills the characteristics of a State Administrative Decision, as it is concrete, individual, and final, producing legal consequences for the new creditor. Therefore, legal certainty and protection depend on the legality of the administrative action carried out in accordance with the principles of legality and good governance.
Ketiadaan Regulasi dan Risiko Kesehatan: Tinjauan Hukum atas Perdagangan Pakaian Bekas dalam Negeri di Indonesia Cendani, Enggar; Muskibah, Muskibah; Naili Hidayah, Lili
Zaaken: Journal of Civil and Business Law Vol. 6 No. 3 (2025): Oktober 2025
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v6i3.43662

Abstract

The secondhand clothing trade is becoming increasingly popular in Indonesia, but this practice raises health and legal concerns. Various studies have shown that secondhand clothing contains Staphylococcus aureus bacteria and Aspergillus sp. fungi, which can potentially cause skin infections and other diseases. This condition violates consumers' rights to comfort, security, and safety as stipulated in the Consumer Protection Law (UUPK). This study aims to analyze the legal regulations and forms of consumer protection in the domestic secondhand clothing trade. The method used is normative juridical with a legislative and conceptual approach, as well as a literature review of primary, secondary, and tertiary legal materials. The results show that although the domestic secondhand clothing trade is legal according to the Indonesian Standard Classification of Industrial Fields (KBLI), there are no clear quality and hygiene standards. Existing regulations only provide general protection without specifically regulating quality standards or product information. Therefore, additional regulations are needed that establish quality standards, information obligations, and stricter oversight to protect consumer rights.
Perlindungan Hukum bagi Pemilik Hak atas Tanah dalam Penetapan Ganti Rugi Terkait dengan Pengadaan Tanah Pembangunan Jalan Tol Fauzi, Zihan Tasha Maharani; Muskibah, Muskibah; Suryahartati, Dwi
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 2 (2026): SENTRI : Jurnal Riset Ilmiah, Februari 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i2.5783

Abstract

Land acquisition for public interest often generates conflicts, particularly in determining compensation for land rights holders in toll road projects. Disputes commonly arise due to differences in land valuation, procedural inconsistencies, and perceptions of fairness. One notable example is Supreme Court Decision Number 1655 K/Pdt/2024, in which the cassation appeal concerning the amount of compensation was rejected. This study analyzes the determination of the form and amount of compensation, as well as the available legal protection mechanisms. Using a normative juridical method with statutory, conceptual, and case approaches, the research finds that compensation determination has not fully complied with Article 37 of Law Number 2 of 2012. Although deliberation is required, the appraisal results are considered final and binding, creating inconsistencies and potential legal uncertainty. In Decision Number 1655 K/Pdt/2024, the Supreme Court rejected the petition because the applicant failed to provide valid legal proof of ownership and lawful transfer of land rights, particularly an authentic deed issued by a Land Deed Official (PPAT). The compensation assessment conducted by the Public Appraisal Office (KJPP) was based on officially registered data, namely the Certificate of Ownership classified as agricultural land. The Court found no misapplication of law or procedural error. This ruling reinforces the importance of formal legal documentation in compensation disputes and strengthens the principles of legal certainty and orderly land administration in land acquisition for public interest.
Compensation for Consumers for Illegal Acts in E-Commerce Transactions from the Perspective of Legislation Amir, Diana; Hidayah, Lili Naili; Pahlefi, Pahlefi; Suhermi, Suhermi; Muskibah, Muskibah
Journal Of Social Science (JoSS) Vol 5 No 3 (2026): Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/0wtv6t44

Abstract

The rapid growth of e-commerce has significantly reshaped the global marketplace, enabling consumers to engage in digital transactions easily. However, alongside its benefits, e-commerce has introduced challenges, particularly regarding consumer protection in cases of unlawful acts committed by business actors. The aim of this study is to analyze the legal concept of compensation for consumers in e-commerce transactions, focusing on unlawful acts. This research investigates the responsibilities of business actors in ensuring consumer protection and the applicability of various laws, such as the Civil Code, the Consumer Protection Law, and the Electronic Information and Transaction Law (ITE Law), to e-commerce contexts. Using a descriptive-analytical approach with normative juridical methods, the research explores case law, legal frameworks, and secondary data related to consumer complaints, including issues of fraud, product misrepresentation, and privacy violations. The findings highlight the complexities surrounding compensation claims for both material and immaterial damages resulting from e-commerce violations. The study concludes that there is a need for stronger legal provisions to ensure fair compensation and accountability for e-commerce business actors. This research also recommends enhancing digital literacy among consumers and reinforcing the regulatory mechanisms to promote a safer e-commerce environment. The study contributes to a deeper understanding of consumer rights in the digital economy and suggests improvements in the legal framework for e-commerce transactions.