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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i JURNAL ILMIAH LIVING LAW Pena Justisia: Media Komunikasi dan Kajian Hukum Otentik's : Jurnal Hukum Kenotariatan JHR (Jurnal Hukum Replik) Jurnal Hukum Lex Generalis Jurnal Hukum Sehasen International Journal of Humanities Education and Social Sciences Journal of Law, Poliitic and Humanities Glosains: Jurnal Sains Global Indonesia
Tetti Samosir
Universitas Pancasila
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Protection Of The Owner Of The Legal Consequences Of The Onset Of Overlap Aditia Karsa Ginting; Tetti Samosir
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.1997

Abstract

Credential are issued to rights holders for the benefit of the rights holders, as clearly stipulated in Clause 30 Verse 1 and Clause 31 of the PPPT. Clause 32 Verse (1) retrieved the proof of land ownership is the Certificate. As long as the information contained in the certificate is correct and consistent with the measurements and land registry, the certificate is considered strong evidence. Clause 32 Verse 2 regulates that with regard to a plot of land, If a certificate is generated in the presence of an individual or legal entity and is achieved in good faith and with legitimate tenure over the land, then any other entity claiming ownership of the underlying land forfeits the legal right to pursue such claims if-within a time period of 5 (five) years from the time of certificate issuance, they have not filed a administrative objection in a written form to the entitled owner and tBPN or filed a dispute in court. The research method used is normative legal research. Normative legal research uses exemplary normative studies in the form of behavioural legislation, such as legislative review. Therefore, it focuses on the stockpile of laws, legal principles and doctrines, legal discovery in specific cases, legal theories, the degree of legal synchronisation, judicial comparisons, and legal historical studies. This Research utilises a case approach by assessing the relevant cases which have become final court decisions. Legal protection in the decision is in accordance with applicable Legislation, which are based on the provisions of agrarian law, namely Clause 19 UUPA and Clause 2 PPPT, 53 Verse 2 letter c Act Number 5 Year 1986 on Administrative Justice, and Clause 16 Act Number 4 Year 2004 on Judicial Power. Factors causing the overlap (overlapping) of certified land ownership is a change from a manual base map into a digital base map, at the time of transfer from the initial base map to a digital base map there are parts that are not entered/ lost, so that the BPN Medan city sees that the land has never been registered and other factors can also be caused by the presence of persons (land mafia) originating from the BPN itself and persons from outside the BPN to issue Rights on land objects that are also being processed certificates. So that when the certificate process is completed there are parties who are harmed by the emergence of two pedestal rights over the same object.
Kajian Hukum Pelanggaran Kewenangan Notaris Dalam Membuka Kantor Cabang Untuk Jasa Hukum Dikaitkan dengan Kode Etik Notaris R. Yuniar Anisa Ilyanawati; Tasya Aurellya; Irnie Wahida Putri; Tetti Samosir
JURNAL ILMIAH LIVING LAW Vol. 17 No. 1 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i1.16388

Abstract

The purpose of this research is to analyze violations of notary authority in opening branch offices for legal services that are not in accordance with the Notary Code of Ethics and Law Number 30 of 2004 juncto Law Number 2 of 2014 concerning the Position of Notaries (UUJN), which is suspected of violating the principles of authority and accountability, even though it is explicitly prohibited by UUJN. This research method uses a normative juridical method with a statutory approach and analysis of the Notary's Code of Ethics. The research results show that the opening of a branch office by a notary violates the applicable provisions in the UUJN and the Notary Code of Ethics, which aim to maintain the integrity and accountability of the profession. The conclusion of this research states that the act of opening a branch office is contrary to the principles of notary professionalism and can result in legal and ethical sanctions. The suggestion put forward is the importance of increasing supervision by the Indonesian Notary Association (INI) and stricter law enforcement to prevent similar violations in the future.
Study of Legal Certainty on Building Waqf on Customary Land R. Yuniar Anisa Ilyanawati; Tasya Aurellya; Andes Agustian Pratama; Irnie Wahida Putri; Tetti Samosir
Glosains: Jurnal Sains Global Indonesia Vol. 7 No. 4 (2026): Glosains: Jurnal Sains Global Indonesia
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/glosains.v7i4.854

Abstract

Background: Waqf plays significant religious and social roles in Indonesia, including supporting religious, educational, and community facilities. However, waqf buildings established on uncertified customary land encounter legal uncertainty due to differences between customary law, Islamic law, and the national land registration system. Objective: This study examines the juridical status of waqf buildings established on customary land that has not been formally registered or certified under Indonesian national land law. Methods: This study applies normative legal research using a statutory approach. Legal materials were obtained through library research, including legislation, legal doctrines, academic literature, and regulatory documents. The data were analyzed qualitatively through legal interpretation, systematization, and evaluation of legal norms related to waqf and uncertified customary land. Results: The findings reveal legal dualism arising from the interaction of Islamic law, customary law, and positive law. Although waqf may be recognized as valid from religious and customary perspectives, the absence of formal registration and certification limits its legal recognition and protection within the national legal system. This situation creates uncertainty regarding the management, protection, and sustainability of waqf assets and increases the risk of disputes and competing claims. Conclusion: Harmonization between customary law and national land law is necessary to strengthen legal certainty for waqf assets on uncertified customary land. The Isbat Waqf mechanism through the Religious Court offers a potential solution to recognize undocumented historical waqf and improve legal protection and governance of waqf in Indonesia.
Legal Implications and Responsibilities of Notaries for Forgery of Sale and Purchase Agreement Deeds by Notaries Tetti Samosir; B. F. Sihombing; Novia Listina
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3136

Abstract

This study examines the legal implications and liability of a Notary for the forgery of a Sale and Purchase Agreement Deed that occurred due to the Notary's negligence in carrying out his/her obligations. The research method used is normative juridical with a statutory approach and a case approach, based on the theory of legal certainty and the theory of legal responsibility. The results of the study indicate that the Notary's negligence in verifying the identity of the parties and the authenticity of the document resulted in the deed losing its authenticity based on Article 1868 of the Civil Code and can be declared null and void (nietig van rechtswege) based on Article 1320 of the Civil Code. The Notary's liability is multidimensional, including criminal liability based on Articles 263 and 264 of the Criminal Code, civil liability based on Article 1365 of the Civil Code, and administrative liability through the Notary Supervisory Board mechanism, as reflected in the Denpasar District Court Decision Number 89/PID.B/2020/PN DPS. The Notary's professionalism and thorough attitude are the main foundations in realizing legal certainty for the community.
Co-Authors Aditia Karsa Ginting Adnan Hamid Andes Agustian Pratama Arina Husnawati B. F. Sihombing Erna Amalia Fitra Rahmadani Fitra, Deni Fotri Apik Rakhmawati Husnan Arief I Ketut Oka Setiawan I Ketut Oka Setiawan Indah Harlina Irnie Wahida Putri Jum Anggriani Kintan Salma Waluya Listya Sari Pertiwi M.T Marbun Noor Hidayah Novia Listina R. Yuniar Anisa Ilyanawati R. Yuniar Anisa Ilyanawati Risquita Putri Raco St. Muslimah Suciati Syafrida Tasya Aurellya