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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura JURNAL CENDEKIA HUKUM NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Jurnal Soshum Insentif Legal Standing : Jurnal Ilmu Hukum Unes Law Review Journal of Humanities and Social Studies Jurnal Hukum Positum Pena Justisia: Media Komunikasi dan Kajian Hukum Syntax Idea JURNAL ILMIAH ADVOKASI JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Ius Civile: Refleksi Penegakan Hukum dan Keadilan INFOKUM International Journal of Business, Law, and Education Jurnal Ilmiah Wahana Pendidikan Jurnal Info Sains : Informatika dan Sains JURNAL ILMIAH GLOBAL EDUCATION Journal Equity of Law and Governance International Journal of Science and Society (IJSOC) i-Latinnotary Journal: Internasional Journal of Latin Notary Journal of Law, Poliitic and Humanities International Journal of Management, Entrepreneurship, Social Science and Humanities (IJMESH) Electronic Journal of Education, Social Economics and Technology Innovative: Journal Of Social Science Research Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Golden Ratio of Law and Social Policy Review (GRLSPR) Al-Bayyinah
Aslan Noor
Universitas Singaperbangsa Karawang
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PEMBERIAN IZIN BERBASIS ELEKTORINIK (ONLINE SUBMITE SISTEM) BERDASARKAN PRINSIP FIKTIF POSITIF PASCA UNDANG-UNDANG CIPTA LAPANGAN KERJA Noor, Aslan; Prabowo, Romi Galih; Kusnadi, Engkus; Diansyah, Yogi
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.596

Abstract

Explores the concept of "fictitious positive" in the context of Indonesian administrative law, focusing on its application in public administration and licensing processes. The term refers to situations where public administration authorities fail to provide timely responses or services to citizen requests. The principle of positive fiction is enshrined in Article 53 of Law Number 30 of 2014, which sets time limits for government officials to make decisions and take actions. If the specified time limits are not met, the application is considered accepted. The State Administrative Court plays a role in adjudicating fictitious positive applications. However, recent regulatory changes introduced by the Job Creation Law have altered the process, shifting the authority to the executive branch. This abstract also examines the implementation of positive fictitious decisions in the context of the One Stop Integrated Service and the Electronic Integrated Business Licensing Service, aimed at simplifying licensing procedures and enhancing service quality. The abstract concludes by discussing the challenges and uncertainties associated with the application of positive fictitious principles in Indonesian administrative law and highlights the need for further regulations and clarity to ensure legal certainty and effective governance.
Prinsip Keadilan dalam Perlindungan Hukum Dokter Kandungan Atas Gugatan Malpraktik Berdasarkan UU No. 17 Tahun 2023 Elsy Nur Anggraeni; Rini Irianti Sundari; Hadi Susiarno; Aslan Noor
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6787

Abstract

Obstetricians are often confronted with medical malpractice lawsuits, even when they have acted in accordance with professional standards, medical service standards, operational procedures, and medical ethics. Medical malpractice is generally defined as negligence or deviation from professional standards that results in serious harm to patients (Fiscina, 1999). This study aims to examine the application of the concept of medical malpractice along with its legal implications and to analyze the forms of legal protection available to obstetricians under Law Number 17 of 2023 on Health, viewed from the perspective of the principle of justice. Using a normative juridical method with descriptive-analytical specifications, the research employed a literature study and qualitative deductive analysis. The results indicate that legal protection for obstetricians consists of two dimensions: preventive and repressive. Preventive protection includes the implementation of informed consent, proper medical records, and compliance with standard operating procedures. Repressive protection involves legal defense mechanisms and institutional or professional organizational support. However, this protection remains suboptimal, as the decisions of the Indonesian Medical Disciplinary Board (MKDKI) are not always taken into account by the courts (Rahman, 2022). From the perspective of Rawls’ principle of justice, protection for obstetricians should ensure a balanced recognition of both patients’ and doctors’ rights, thereby promoting fairness and equitable justice for all parties (Rawls, 1971).
Analisis Vicarious Liability dalam Pertanggungjawaban Rumah Sakit terhadap Gugatan Malpraktik Medis Doddy Putra Pratama Sudjana; Deddy Effendi; Chepi Ali Firman Zakaria; Aslan Noor; Elsy Nur Anggraeni
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6802

Abstract

This study aims to analyze the application of the doctrine of vicarious liability in the liability of hospitals for medical malpractice lawsuits in Indonesia. The increasing number of medical disputes raises questions regarding the extent to which hospitals can be held responsible for the negligence of medical personnel working under their authority. This research employs a normative juridical method with statutory, conceptual, and case approaches, by examining the Indonesian Civil Code, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and relevant court decisions. The findings reveal that, normatively, hospitals can be held accountable under Article 1367 of the Civil Code, which aligns with the doctrine of vicarious liability (Black, 2019). However, judicial practice in Indonesia remains inconsistent: in some cases judges place liability on hospitals, while in others they hold individual doctors fully responsible (Budiman, Absori & Rizka, 2023; Vitrianingsih, Miarsa & Yahya, 2025). This inconsistency demonstrates a gap between normative regulation and juridical implementation. The novelty of this study lies in emphasizing the importance of the principle of justice in applying vicarious liability. Legal protection should not be limited to written norms but must also be substantive by balancing patients’ rights to safe and quality healthcare with the rights of medical personnel and hospitals to legal certainty. This is in line with Rawls’ (1971) concept of justice as fairness and Radbruch’s (2006) idea of balancing justice, legal certainty, and expediency.
Legal Responsibility Of Land Deed Officials (PPAT) In The Implementation Of Government Regulation In Lieu Law (Perpu) Number 56 Of 1960 Concerning The Determination Of Agricultural Land Area Noor, Aslan; Salsabilla, Ainul Mardiyah; Meutia, Irviana; Subrata, Nabila Djuliana Suria; Saraswati, Nabila Trina Saumah
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 9, No 2. (2025): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i2..12732

Abstract

Land reform policy is a strategic step towards creating equitable land ownership and eliminating agrarian inequality. In its implementation, Land Deed Officials (PPAT) play an important role because the deeds they draw up form the legal basis for the transfer or encumbrance of land rights. This study aims to analyse the role of PPAT, the form of their legal responsibility, and the obstacles in the implementation of land reform. This study uses a normative juridical method with a legislative, conceptual, and case approach. The results of the study show that PPATs have administrative, civil, and criminal legal responsibilities, but practices in the field face various obstacles, such as weak supervision, limited land data, and potential violations of the code of ethics. Therefore, strengthening regulations, digitising land administration, and improving the integrity of PPATs are necessary to achieve the objectives of land reform.
Reconstruction Of Ppat Regulations In The Context Of National Agrarian Law Harmonisation Noor, Aslan; Rangkoly, Mavelda R.; Poltica M, Refizma; Putry, Bani Amella Maha; Ghaida, Deyna Shafa; Aulia, Puspa Hygea; Habibie, Muhammad
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 9, No 2 (2025): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i2..12733

Abstract

Land Deed Officials (PPAT) play a central role in the land registration system in Indonesia, functioning as the front line in ensuring legal certainty regarding land ownership rights. However, the regulations governing the position and authority of PPATs are currently still partial and not fully in line with the spirit of the Basic Agrarian Law (UUPA). This condition gives rise to various legal problems that have implications for the emergence of land disputes and hinder the goal of national agrarian law unification. This article examines the urgency of reconstructing PPAT regulations as a strategic step towards harmonising agrarian law in Indonesia. Through a juridical-normative approach, this article analyses the disharmony in existing regulations and offers a comprehensive reconstruction framework, covering the aspects of authority, guidance, supervision, and accountability of PPATs. This reconstruction is expected to strengthen the position of PPAT as professional and integrity public officials, as well as accelerate the realisation of an agrarian legal system that is fair and has legal certainty.
Electronic Land Certificates as Evidence of Ownership: An Analysis under Indonesian Civil Procedure Law Noor, Aslan; Khoerunisa, Alsa Mala; Julianti, Frida; Zulkarnain, Muhammad Azka Izzaturrahman; Bahyudin, Mukhamad; Lumbantoruan, Sukmawati; Praidno, Zahra Ardhanie
Jurnal Ilmiah Global Education Vol. 6 No. 4 (2025): JURNAL ILMIAH GLOBAL EDUCATION
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v6i4.4589

Abstract

This study aims to analyze the implementation of electronic land certificates in Indonesia and their role within the civil procedural law framework, particularly in strengthening legal certainty and protection for landowners. The research further seeks to identify challenges associated with electronic certification, such as data security risks and potential disputes, and to explore strategies for enhancing trust and reliability in the electronic certificate system. Employing a normative legal research method, this study relies on statutory and conceptual approaches. Primary legal sources include relevant legislation, notably the Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Regulation No. 3 of 2023 on the issuance of electronic certificates, as well as the ITE Law. Secondary and tertiary sources, including scholarly literature and legal dictionaries, are used to provide interpretive depth and contextual analysis. The findings reveal that electronic certificates are legally recognized as valid evidence, bearing equal probative value to physical certificates in civil litigation. Their introduction enhances administrative efficiency, reduces risks of loss, forgery, and corruption, and promotes transparency in land management. Legal protection for certificate holders is provided through consumer rights, personal data protection regulations, and safeguards against cybercrime. However, implementation faces obstacles related to infrastructure readiness, regulatory harmonization, cybersecurity threats, and limited public awareness. In conclusion, the transition toward electronic land certification represents a significant step in digitalizing public administration, reinforcing legal certainty, and fostering efficiency in land registration. Nevertheless, sustained efforts are required to strengthen security protocols, enhance legal frameworks, and promote public trust through socialization and education programs. The contribution of this study lies in offering a comprehensive legal analysis of electronic land certificates as instruments of evidence in civil proceedings, while also providing practical insights for policymakers, legal practitioners, and stakeholders in advancing a more secure and transparent land administration system.
Analysis of Appointment Agreements in the Context of Illegal Land Transfers to Foreign Nationals Noor, Aslan; Amalia Putri, Adinda; Langlang Buana, Tubagus; Zulaeha, Tuti; Situmorang, Jefri; Nurulita Suherman, Dafina; Daffa A, Rizki
International Journal of Management, Entrepreneurship, Social Science and Humanities Vol. 9 No. 2 (2025): July - December Volume
Publisher : Research Synergy Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/ijmesh.v9i2.3692

Abstract

The issue of nominee agreements in Indonesia poses challenges in balancing the promotion of foreign investment with the protection of land sovereignty. Despite strict legal prohibitions, this practice continues to flourish and creates uncertainty in legal doctrine and agrarian governance. This study aims to analyse the legal status of nominee agreements under Indonesian positive law, particularly in the context of Law No. 25 of 2007 on Investment (UUPM), and to evaluate the legal consequences of land ownership by foreign investors through this mechanism. This study uses a normative juridical approach, referring to primary legal sources such as the UUPM, the 1960 Basic Agrarian Law (UUPA), and the 2007 Limited Liability Company Law (UUPT), as well as secondary and tertiary literature. The results of the study show that nominee agreements are prohibited in the context of corporations based on the UUPM and UUPT, and are therefore null and void from the outset. However, the absence of specific regulations on land ownership creates a legal vacuum that allows this practice to continue. Nominee agreements fulfil the subjective elements of an agreement but fail to fulfil the legal causes according to the Civil Code, making them legally invalid but still operating in practice. This poses legal and social risks for foreign investors and local nominees and has an impact on agrarian justice and the credibility of the national investment system. This study emphasises the importance of regulatory harmonisation and consistent law enforcement to strengthen legal certainty and maintain state sovereignty over land in accordance with Indonesia's constitutional mandate.
The Impact of Land Mafia on Agrarian Disputes and the Optimisation of Electronic Land Transfer Deeds in Indonesia Noor, Aslan; Rahmawati, Suci; Devilia Hidayati , Tara; Rosmiati, Rina; Reifal adenafio, Muhammad; Yusuf Nurwanda, Ahmad; Satriawan, Arief
International Journal of Management, Entrepreneurship, Social Science and Humanities Vol. 9 No. 2 (2025): July - December Volume
Publisher : Research Synergy Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/ijmesh.v9i2.3693

Abstract

This study investigates the impact of land mafia practices on land conflicts and disputes in Indonesia and evaluates the potential of electronic land administration policies to enhance legal certainty. Land remains one of the nation’s most strategic resources, yet its governance has been undermined by systemic irregularities and organized criminal practices. Land mafia activities ranging from document forgery and duplicate certificates to collusion with state officials have generated prolonged disputes, eroded public trust in the legal system, and hindered investment in the property and infrastructure sectors. The research employs a normative legal method, focusing on statutory analysis and doctrinal review to identify principles, norms, and legal frameworks relevant to the problem. Primary legal sources include national agrarian legislation and Ministerial Regulation ATR/BPN No. 3 of 2023, while secondary and tertiary sources encompass scholarly literature, journal articles, and legal reference materials. This conceptual approach allows for a systematic evaluation of both the challenges posed by land mafia practices and the opportunities offered by digital transformation in land governance. The findings indicate that land mafia practices cause significant legal uncertainty, particularly through falsified and duplicate certificates, which create conflicting ownership claims and protracted litigation. Such conditions not only harm individual landholders but also weaken the national economy by discouraging investment. In response, the government’s introduction of electronic land certificates provides a promising reform, offering enhanced transparency, security, and efficiency in land administration. Nevertheless, challenges remain, including resistance from vested interests, cybersecurity risks, and unequal access to digital platforms. The study concludes that combating land mafia practices requires a comprehensive approach that integrates technological innovation with institutional strengthening, professional accountability, and community participation. The contribution of this research lies in highlighting the normative and policy dimensions of land governance reform, while also identifying critical areas for further interdisciplinary and empirical investigation. By addressing these issues, the study advances the discourse on sustainable, transparent, and equitable land governance in Indonesia.
Legal Responsibility of Land Deed Officials in Overcoming Abuse of Land Sale and Purchase Deeds Noor, Aslan; Nurfaridah; Purnama, Selly; Meliani, Indri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6112

Abstract

The Deed of Sale and Purchase (AJB) is a critical element in land transactions in Indonesia, requiring legal validity to ensure the certainty of land ownership status. However, the misuse of AJB, including document forgery by the Land Deed Official, has led to legal disputes that harm various parties and undermine public trust in the land law system. This study aims to analyze the legal responsibility of The Land Deed Official in addressing the misuse of AJB by identifying obstacles in task execution and potential violations. The research method used is a qualitative approach with case studies of land disputes involving The Land Deed Official, as well as an analysis of relevant regulations related to the duties and supervision of The Land Deed Official. The study also aims to provide policy recommendations to enhance The Land Deed Official accountability and strengthen a more transparent and accountable land system. The Land Deed Official plays an essential role in ensuring the legality of land sale transactions in Indonesia by verifying related documents, such as land certificates and tax payment evidence, in accordance with applicable regulations. Misuse of the AJB by The Land Deed Official can undermine legal certainty, trigger land disputes, and hinder economic growth. To prevent this, stricter supervision, the application of technology for transparency, and strict enforcement of sanctions in the land system are required.
Examining Land Rights Expropriation Policies for Public Interest: A Social Justice Perspective in Indonesia Noor, Aslan; Alamsyah, Dian; Fathurrohman, Mohammad Faridz
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.1976

Abstract

The policy of land acquisition for public purposes is an important instrument for supporting national development. Yet in practice, it often generates agrarian conflicts and raises concerns about justice for affected communities. The central issue lies in the gap between the normative objectives of land acquisition policies and their implementation, particularly in ensuring the protection of citizens' rights and the realization of social justice. This study addresses the following research question: How is the implementation of land acquisition policies for public interest evaluated from a social justice perspective? Using a normative legal research method, this study analyses relevant legislation, court decisions, and recent academic literature through statutory, conceptual, and case approaches. The findings reveal that land acquisition practices remain dominated by administrative and legal-formal orientations, which limit the achievement of substantive justice. Community participation is often procedural rather than meaningful, compensation mechanisms largely emphasize economic valuation, and restorative measures to support post-displacement recovery are insufficiently integrated. The study concludes that land acquisition policies must be reoriented toward a more participatory, equitable, and restorative framework to strengthen policy legitimacy and better safeguard community rights throughout the development process.
Co-Authors Abdillah Bararah Abyansyah, Aditya Fadil Aditya Pratama Adiwijaya, Ratna Sari Putri Adriansyah, Anggi Pratiwi Affandy, Muhammad Kurnia Agung Dwi Pranyoto Agustini, Denti Dwi Ayu Alamsyah, Dian Amalia Putri, Adinda Andika Dwi Yuliardi Andrew Christian Banjarnahor Angelica Riza Claudya Anita, Dewi Anjas Arlianzha Anugrah, M Reza Asihany Pakpahan , Dessy Aulia, Puspa Hygea Ayu Ambarwati Azhar Nur Fauzi Azizi, Fakhri Azzahra Dwi Rizki Azzahra, Tasya Dania Bahyudin, Mukhamad Bamumin, Wildan Barry Irma Perdana Barus, Theresia Juliana Ngarakken Bella, Yoshua Budi Santoso, Imam Chandra, Levina Abigail Chepi Ali Firman Zakaria Citra Safitra Daffa A, Rizki Dani Ikhwanto Deddy Effendi Dennisa Putri Saepullah Devilia Hidayati , Tara Diansyah, Yogi Dibrata, Shintadewi Doddy Putra Pratama Sudjana Dwika, Mohamad Bima Effrem Inocentius Seran Elsy Nur Anggraeni Engkus Kusnadi ENGKUS KUSNADI Fachrully Pratama Farid Ahmad Fauzy Faridz Fathurrohman, Mohammad Fathurrohman, Mohammad Faridz Fauzi, Fauzan Muhamad Fauzy, Farid Ahmad Firdawuru, Seno Agung Florida Elyzabeth, Eka Ghaida, Deyna Shafa Gregorius Patrich Setiawan Guntur Atur Parulian Herlani, Lisa Hermindo, Hermindo Ilham Dwi P Ilva Yuniarsi Maruf Indri meliani Inten Dewata, Maraja Ira Anggraini Izzani, Muhammad Hasbi Rizqan Jaya Pakpahan , Edison Julianti, Frida Junita, Riska Karin Veronica Wijaya Ketut Astawa , I Khoerunisa, Alsa Mala Kurnia, Agnes Adila Kurniawan, Kunkun Kusmiadi, Kusmiadi Langlang Buana, Tubagus Livia Kris Imani Lorenza, Melinda Lukman Lutfianto Lumbantoruan, Sukmawati Maman Suherman, Ade Manurung, Norika Maruf, Ilva Yuniarsi Maudina, Erika Mega Yuni Hospita Meliani, Indri Melliana Wijaya Meutia, Irviana Muhamad Febriansyah MUHAMMAD YUSUF Muhammad Yusuf Najmi, Nadila Nur Solihah, Ilma Nurdiani, Herlin Nurfaridah Nurhasanah, Diva Ahda Nurmala Pitaloka Nurulita Suherman, Dafina Nurwidianti, Maudy of Donri Tinambunan , Revelation Pamungkas, Dwiky Hardika Poltica M, Refizma Prabowo, Romi Galih Praidno, Zahra Ardhanie Pratama, Andhika Wijaya Pratama, Yusril Hardiansyah Pucuk Nyimas Sekar A.S Purwa, Patriana Putry, Bani Amella Maha Rahmaniah, Erlin Raineka Faturani Quran Rangkoly, Mavelda R. Reifal adenafio, Muhammad Riansyah, Muhamad Rizki Rini Irianti Sundari Rohmani, Rodiah Romi Galih Prabowo Rosadiana, Eber Rosmiati, Rina Ruhima, Asep Rudi t Rusaedi, Attansya Rafli Safriani, Vini Nurul Sahatatua , Richart Salsabilla, Ainul Mardiyah Saraswati, Nabila Trina Saumah Sari, Raisa Satriawan, Arief Selly Purnama Senator Giovani Putra Arlond Setiady, Try Setiawan, Gregorius Patrich Setiawati, Yeti Shintadewi Dibrata Sihombing, Juan Carlos Adiyaksa Situmorang, Jefri Subrata, Nabila Djuliana Suria Suci Rahmawati, Suci Sukamto, Ika Sumiyarsi Sule, Aprilia Maharani Suprapto, Lusi Apriyanti Susetyo, Ardisia Rahma Susiarno, Hadi Syahrul Ansari , Teuku Tarigan, Notora Teddy Chandra Tetraning Retnowulan S Utama, Fajar Prawira Wassir, Bekawita Widyahastuti, Mila Wijaya, Anandya Tasya Wijaya, Karin Veronica Wijaya, Melliana Wildan Wildan Yeti Setiawati Yogi Diansyah Yusuf Nurwanda, Ahmad Zulaeha, Tuti Zulkarnain, Muhammad Azka Izzaturrahman