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Perlindungan Hukum Terhadap Hak Ulayat: Pemberian Izin Usaha Pemanfaatan Hasil Hutan Kayu Linda Martha Dona; Yurisa Martanti
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.154

This research aim to examined how recognition of communal land set in the UUPA already recognized, but is still followed by certain conditions, it is often conflict between the holders of customary rights land by the government. This research is normative juridical empirical. Data collection techniques using literature study refers to the laws and regulations. Analysis data using juridical qualitative data analysis, data were obtained from the research literature and field research through library research and interviews, then analyzed with empirical juridical approach/sociological and methods of thinking inductive. The results showed that the customary rights sultan Taha Syariffuddin not recognized in the laws and regulations and local authorities for not fulfill the requirements, so efforts to completion of conflict heirs of the Sultan Taha Syariffudin with PT LAJ not have bargaining power over that required recognition and legal protection of the traditional rights on lands of indigenous communities have not been granted by the local government as well as the laws.

Perlindungan Hukum Terhadap Pemegang Sertifikat Tanah Yang Diterbitkan Andreas Subiakto; Yurisa Martanti; Andrea Septiyani
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.162

Land certificate has an important role for the person concerned. The legal certainty of the certificate applicant is based on the state land that was formerly controlled by PT. Kereta Api Indonesia and the concept of legal protection for holders of title certificates issued based on state land rights. The Kebonharjo community as certificate holders have not received legal protection based on Government Regulation No. 24 of 1997 concerning Land Registration. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. The research found that the holders of land rights certificates issued based on state land PT. KAI still has not received legal protection because it still uses a negative publicity system (positive elements). Regarding the concept of legal protection for holders of land rights certificates issued based on state land rights, it must be in accordance with the philosophy of Pancasila Law as the basis for realizing the values of justice for the parties and achieving legal protection for land rights holders

Legal Protection ofr Heir of Account Owners Unlawfully Blocked By The Banks Wijaya Wijaya; Yurisa Martanti; Taqiyuddin Kadir
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.4898

The study purpose was to examine the legal protection for heirs of account owners whose bank accounts are unlawfully blocked by banks without a valid court decision or the consent of the heirs. This issue arises because such actions contradict the principle of prudence in banking operations and may cause losses to the heirs, thus raising questions regarding the authority of banks and the legal remedies available. The research aims to analyze: (1) the authority of banks to block the accounts of deceased customers against their heirs; and (2) the legal protection available to heirs when banks commit unlawful blocking of accounts. This research employed a normative juridical legal research method, relying on secondary data obtained from primary, secondary, and tertiary legal sources. The approaches used included the Legislation Approach, Case Approach, Analytical Approach, and Conceptual Approach. Data were collected through literature study, identifying and inventorying statutory regulations, legal doctrines, and relevant case studies. The legal analysis techniques applied consisted of Grammatical Interpretation, Systematic Interpretation, and legal construction methods. The findings demonstrate that banks have no authority to unilaterally block the accounts of deceased customers, as this contradicts Article 29 paragraph (3) of Law Number 10 of 1998 concerning Banking. The action is deemed unlawful since it disregards the principle of prudence and the obligation to protect customer rights. Heirs who suffer losses due to such acts are entitled to legal protection and may file a civil lawsuit under Article 1365 of the Indonesian Civil Code to demand recognition and restoration of their rights. The study concludes that unilateral blocking of deceased customers’ accounts by banks constitutes an unlawful act. Legal protection for heirs is available through civil remedies, ensuring the protection of property rights and upholding justice in banking practices.

Kepastian Hukum Pembatalan Perkawinan Kedua akibat Tidak Terpenuhinya Syarat Perkawinan Maulana Fajri; Tofik Yanuar Chandra; Yurisa Martanti
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i1.2339

Discussion on the legal certainty of the annulment of a second marriage due to the failure to fulfill the marriage requirements. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The legal certainty of a second marriage according to the Marriage Law that does not fulfill the requirements reflects the failure of the legal norm system to be enforced consistently in accordance with the applicable normative hierarchy, thus giving rise to legal uncertainty. However, even though the marriage is null and void by law, the legal system still provides corrective space through other norms in family civil law that function to maintain the values of justice and humanity. This reflects that legal certainty according to Kelsen is not merely rigid, but also considers corrective mechanisms to protect the basic rights of citizens within the applicable positive legal framework.

Kepastian Hukum terhadap Sertipikat Hak Milik Atas Tanah yang Dikuasai oleh Warga Negara Asing akibat Perceraian dalam Perkawinan Campuran Rahmat Ramadhan; Yurisa Martanti; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 2 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Februari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i2.2352

Discussion on legal certainty regarding land ownership certificates controlled by foreign nationals due to divorce in mixed marriages. The research was conducted using normative juridical methods. The results of the research concluded that mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) are increasingly prevalent along with increasing global mobility. However, behind this legally valid relationship, there are complex problems related to ownership of assets, especially land, which can only be owned by Indonesian citizens as regulated in Article 21 paragraph (1) and paragraph (3) of the Basic Agrarian Law (UUPA). Legal certainty does not reflect justice, so to obtain its benefits, Indonesian citizens must sue. This legal certainty is obtained because of the existence of regulations, so that foreign nationals and Indonesian citizens who carry out the divorce according to legal regulations are not allowed to have land ownership certificates are required to sell the land so that it can be divided in two.

Kepastian Hukum Covernote yang Diterbitkan Notaris terkait Tidak Dipenuhinya Isi Covernote dalam Mendukung Proses Pemberian Kredit oleh Perbankan Meirissa; Yurisa Martanti; Jelly Nasseri
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 3 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i3.2449

Discussion on the legal certainty of covernotes issued by notaries related to the non-fulfillment of the contents of the covernote in supporting the credit granting process by banks. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal materials. The results of the study The legal certainty of covernotes issued by notaries related to the non-fulfillment of the contents of the covernote in supporting the bank credit granting process is only administrative and does not have the power as an authentic deed. However, legal certainty can still be realized through clarity of the limits of the notary's authority and responsibility, the application of the principle of prudence by banks, and the availability of law enforcement mechanisms through civil, administrative, and criminal channels in the event of negligence or error.

AKIBAT HUKUM DAN PERLINDUNGAN HUKUM BAGI PENJUAL SAHAM TERHADAP PEMBATALAN AKTA JUAL BELI SAHAM OLEH PENGADILAN KARENA WANPRESTASI PEMBELI Dwi Saputra Hariyadi; Dhoni Martien; Yurisa Martanti
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2976

As a mechanism for corporate expansion and the strengthening of capital foundations, share transfer transactions are frequently executed via authentic deeds where payment is deferred to a later date—as evidenced by court rulings in cases No. 6/Pdt.G/2017/PN.Adl, No. 675/Pdt.G/2023/PN.Jkt.Pst, and No. 6686 K/Pdt/2024. The legal issue under examination centers on the juridical implications of a court-ordered annulment of a share transfer deed regarding the status of the notarial instrument and the position of the involved legal subjects—specifically when the annulment stems from the buyer's breach of contract—alongside the preventive and repressive legal protection mechanisms available to the seller. The conceptual framework relies on Satjipto Rahardjo’s theory of legal protection and Soeroso’s doctrine of legal consequences, employing a normative-juridical method that integrates statutory, conceptual, case-based, and analytical reviews through grammatical and systematic interpretation of legal materials. The analysis concludes that a court-ordered annulment of an authentic deed dissolves the contractual bond previously binding the parties; while the physical deed remains on record, it loses its binding legal force. Meanwhile, legal protection for the seller is grounded in Articles 1266 and 1267 of the Indonesian Civil Code, enabling the filing of a lawsuit for annulment due to breach of contract to restore the seller's ownership rights in the Register of Shareholders (DPS).

KEPASTIAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK AWAL TERHADAP TUMPANG TINDIH PENERBITAN SERTIFIKAT MELALUI PTSL Sony Hanata Hary; Yurisa Martanti; Yudha Cahya Kumala
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2990

Land disputes, particularly those involving the overlapping issuance of land title certificates, remain a problem in land registration in Indonesia. The Complete Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap/PTSL), based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018, aims to provide legal certainty and legal protection. However, in practice, PTSL certificates are still found to overlap with previously issued Certificates of Ownership (Hak Milik), thereby creating legal uncertainty for holders of the original certificates. The research questions in this thesis are: how are disputes over the issuance of overlapping Certificates of Ownership resolved, and how is legal certainty provided to holders of original Certificates of Ownership in relation to the issuance of PTSL certificates? This research employs Rachmadi Usman's theory of dispute resolution and M. Yahya Harahap's theory of legal certainty. The research method used is normative juridical research, namely legal research conducted through a literature study based on primary, secondary, and tertiary legal materials. The research approaches used are the statutory, conceptual, analytical, and case approaches. The collection of legal materials was conducted through the identification and inventory of positive legal regulations, books, journals, and other legal sources. The analysis of legal materials was carried out using grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that disputes over overlapping Certificates of Ownership resulting from PTSL can be resolved through mediation at the Land Office/National Land Agency (BPN) or through litigation before the Administrative Court (PTUN) or the District Court, according to their respective jurisdictions. Based on Rachmadi Usman's theory of dispute resolution, settlement emphasizes Alternative Dispute Resolution (ADR), such as negotiation, mediation, and conciliation, by prioritizing deliberation and agreement. Dispute resolution should be preceded by an examination of the validity of the issuance, including administrative procedures, ownership history, and the conformity of physical and juridical data. Furthermore, according to M. Yahya Harahap's theory of legal certainty, legal certainty requires clarity regarding the status, subject, and object of rights, as well as protection of rights lawfully acquired. The integration of these two theories shows that legal certainty for holders of original Certificates of Ownership is determined not only by the existence of a certificate, but also by the validity of the issuance process and the availability of effective dispute resolution mechanisms. If errors or administrative defects are found in the issuance of certificates through PTSL that prejudice the lawful holder of the right, legal remedies must be available to restore such rights. The researcher recommends that the Land Office/National Land Agency (BPN) improve the accuracy of physical and juridical data verification in the issuance of certificates through PTSL and optimize mediation and legal remedies to provide protection and restoration of rights for lawful holders of original Certificates of Ownership.

Akibat Hukum Klausula Eksonerasi dalam Perjanjian Pembiayaan Konsumen dengan Jaminan Fidusia yang Dilegalisasi oleh Notaris Natalia Debora Runtuwene; Yurisa Martanti; Yudha Cahya Kumala
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 9 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i9.2988

This study discusses the legal consequences of exoneration clauses in consumer financing agreements secured by fiduciary guarantees and legalized by a Notary. It employs a normative-juridical research method specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that, in accordance with R. Soeroso’s theory of legal consequences which defines a legal consequence as the result of a legal act intended by the actor and regulated by law such consequences may manifest as the creation, alteration, or termination of a legal state or legal relationship, or the imposition of sanctions for acts contrary to the law. Notarial legalization does not validate an exoneration clause that conflicts with statutory regulations. Furthermore, applying M. Yahya Harahap’s dispute resolution theory, if the inclusion of such an exoneration clause leads to a dispute between the consumer and the financing company, the resolution process must aim to protect the rights and interests of both parties while ensuring an effective and equitable outcome.

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