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All Journal Al-Ihkam: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Jurnal Hukum Lex Generalis Acta Law Journal Realism: Law Review Pamulang Law Review
Sutiarnoto
Universitas Sumatera Utara
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Tanggung Jawab Notaris terhadap Akta Perjanjian Jual Beli Rumah yang Dikeluarkan Berdasarkan Keterangan Palsu oleh Para Pihak : (Studi Putusan Pengadilan Nomor 433/Pdt.G/2021/PN.Mdn) Devira Ramadhani; Hasim Purba; Sutiarnoto
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1369

Abstract

A notary’s official duties and authority are not solely for personal interest, but also serve the public interest. A notary is obligated to ensure the truthfulness of the deeds they draw up. Therefore, a notary is expected to act with honestly, fairness and transparency in preparing authentic deeds to safeguard all parties directly involved. This study employs a normative legal research method, using primary, secondary, and teriary legal materials, analyzed qualitatively. In the Courd Decision Number 433/Pdt.G/2021/ PN Mdn, the panel of judges considered that if a notary is proven to have knowingly or negligently include false information in a deed, this contitues both a violation of the notarical code of ethics and unlawful act. As a concequence, the notarial deed in question, being based on false statements, in declrared null and void by law.
Tinjauan Yuridis terhadap Perbuatan Melawan Hukum yang Dilakukan oleh Notaris dan Kreditur dalam Pembuatan Akta Autentik: Studi Putusan Nomor :1048/PK/PDT/2022 Eklesia Novita Alverin Siagian; Hasim Purba; Sutiarnoto
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1404

Abstract

A notary is a Public Official who is authorized to make Authentic Deeds. Notary in carrying out his/her position as a public official, when making a deed may include data or information originating from a fake letter/document into the deed. This incident can have legal consequences for both the deed made and the Notary who made the deed. The problem in this study is the unlawful act committed by the notary and the creditor in making an authentic deed. The Notary's liability for the authentic deed is in accordance with the decision. The research method used in this study is the type of Normative Juridical research. Normative Legal Research is a process of determining legal rules, legal principles, and legal doctrines to answer the legal problems faced. The Notary's liability in the event of an Perbuatan Melawan Hukum (PMH) on a deed depends on the problem at hand. If the Notary is proven to have committed an Unlawful Act together with one of the Applicants, then the Notary and the Applicant will bear all losses incurred on the deed, then the liability for the unlawful act is not only limited to liability for losses but also criminal liability.
Kedudukan Hukum Klausula “Penyerahan dan Pengalihan Jaminan” Pada Akta Pemberian Jaminan dan Kuasa Pada Bank Swasta di Medan Jesline Arsjad; Sutiarnoto; Suhaidi Suhaidi
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1632

Abstract

Banks as financial institutions play an important role in channeling credit to the public with collateral to guarantee debt repayment. In practice, a private bank in Medan uses a Guarantee and Power of Attorney (PJDK) deed in take over credit schemes to bind certificated land rights as collateral. Juridical empirical research shows that using PJDK deeds deviates from the principles of Law No. 4 of 1996 on Mortgage Rights, which establishes mortgage rights as the sole security institution for registered land rights. Consequently, binding through PJDK does not fulfill the principles of legal certainty and creates risks of legal uncertainty for debtors and weak executorial power for creditors over collateral objects bound through PJDK deeds.
PERLINDUNGAN HAK JAMINAN SOSIAL BAGI PEKERJA MIGRAN INDONESIA DI MALAYSIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Zhein Fajar Rheina; Sutiarnoto; Istislam Istislam; Agusmidah
Realism: Law Review Vol. 2 No. 2 (2024): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v2i2.40

Abstract

Abstract: Working abroad or what is called Migration is a step taken by workers in Indonesia to improve the quality of life, so as to obtain a decent life. The current PMI number has positive and negative values. Problems regarding PMI will continue to arise if PMI abroad are not given any protection. This Normative Research discussesProtection of Indonesian Migrant Workers as an indicator of fulfilling human rights according to International Law, The role of the ILO in implementing Employment Standards related to Social Security Protection for Migrant Workers, Social Security Program Policy for PMI in Malaysia. The method used in writing this thesis is Normative Juridical research, namely research using secondary data which is primary, secondary and tertiary legal materials through international agreements, legal regulations, legal books and the internet. The data analysis used is a qualitative data analysis method. Based on this, the author can conclude that International Law provides protection for social security rights as an indicator of fulfilling human rights for every migrant worker by ratifying the UDHR which specifically addresses human rights issues. In the international scope, protection is also provided through international organizations that collaborate with various multilateral institutions to establish employment standards for workers. Indonesia has a policy to provide protection for PMI in the form of Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers which contains provisions that placement and protection are integrated within the authority of the Ministry of Manpower as well as providing more in-depth guidance and advocacy regarding the Agreement between workers and employers in order to increase legal awareness and better legal protection for prospective PMI’s.
Inviolability Under Fire: The 2024 Israeli Attack On Iranian Consular Premises And Syria’s State Responsibility Under Diplomatic Law Galio Parly Keliat Galio; Sutiarnoto; Fajar Khaify Rizky
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23613

Abstract

The attack on Iran’s consular premises in Damascus underscores significant legal challenges concerning the special duty of the receiving State to protect foreign representations. In international law, the protection of diplomatic and consular missions is a fundamental obligation of the receiving State, as regulated under the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. This research aims to analyze the obligations of Syria, as the receiving State, in protecting the consular premises of Iran in Damascus from third-party attacks based on diplomatic law. This research employs a normative legal research method with a descriptive approach, utilizing an analysis of international legal instruments, legal doctrines, and relevant State practices. The results indicate that Syria, as the receiving State, failed to fulfill its obligation to take all appropriate steps to protect the inviolability of the consular premises and the safety of consular officers. Such failure constitutes a breach of the protective obligations stipulated in Article 22 paragraph (2) of the 1961 Vienna Convention and Article 31 paragraph (3) of the 1963 Vienna Convention, specifically regarding the receiving State's duty to prevent any form of attack, damage, or disturbance of the peace of the consular mission. This research provides an academic contribution by strengthening the understanding of the nature of the receiving State's obligations in the context of consular protection as an obligation of conduct, as well as a practical contribution in affirming the standards of State responsibility within the context of modern armed conflict under diplomatic law.
FENOMENA TRIAL BY SOCIAL MEDIA TERHADAP ASAS PRADUGA TAK BERSALAH DIKAITKAN PADA PRINSIP DUE PROCESS OF LAW DALAM SISTEM PERADILAN PIDANA INDONESIA Willson Chandra Happier willson; M. Ekaputra; Sutiarnoto
Al-IHKAM Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram Vol. 18 No. 3 (2026): September (Special Issue)
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/alihkam.v18i3.15897

Abstract

The rapid development of social media in the digital era has given rise to the phenomenon of trial by social media, which refers to public judgment of an individual before a final and legally binding court decision is rendered. This phenomenon has the potential to undermine the principle of the presumption of innocence and the concept of due process of law, as public opinion is often formed more quickly than the legal process itself. Consequently, the reputation of individuals involved in legal proceedings may be adversely affected, while the objectivity and independence of law enforcement institutions may be compromised by public pressure. This study aims to analyze the impact of trial by social media on law enforcement in Indonesia, examine its implications for the protection of the presumption of innocence from the perspective of due process of law, and formulate an ideal legal framework to mitigate its negative effects on the criminal justice process. This research employs a normative legal research method supported by empirical data obtained through interviews. The study is descriptive-analytical in nature and utilizes primary, secondary, and tertiary legal materials collected through library research and document analysis. The data were analyzed qualitatively using a statutory approach. The findings indicate that trial by social media significantly affects law enforcement in Indonesia by shaping public opinion prior to judicial decisions, thereby potentially violating the presumption of innocence and disrupting the implementation of due process of law. Furthermore, public judgment on social media may influence the objectivity of judicial proceedings and create social stigma against suspects or defendants. Therefore, a more comprehensive legal framework is required, including the establishment of specific regulations governing the publication of criminal cases, stronger personal data protection mechanisms, reforms of the Criminal Procedure Code that accommodate digital rights, and the enhancement of public digital literacy as well as the professionalism of law enforcement officials. These measures are essential to ensure a fair, objective, and just judicial process in the digital age.
Perlindungan Hukum Ahli Waris atas Hibah yang Dibuat Secara Melawan Hukum: Studi Putusan Mahkamah Agung Nomor 3013K/Pdt/2022 Dandi Saputra Harahap; Rosnidar Sembiring; Sutiarnoto
Jurnal Hukum Lex Generalis Vol 6 No 12 (2025): Tema Hukum dan Hak Asasi Manusia
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i12.3223

Abstract

A grant deed constitutes a written instrument with full evidentiary force when executed in compliance with applicable legal requirements. In practice, however, grants are frequently made over inherited property that has not yet been partitioned, thereby giving rise to unlawful acts. This study analyzes legal protection for heirs, the validity of grant deeds derived from unlawful conduct, and judicial reasoning in Mahkamah Agung Decision No. 3013 K/Pdt/2022. Employing a normative juridical method with a descriptive-analytical approach based on secondary legal materials, this research finds that grant deeds concerning undivided inherited estates without the consent of all heirs are legally invalid and lack binding force, as they contravene inheritance law and infringe the subjective rights of co-heirs.
Judicial Reasoning and Sentencing in Village Fund Corruption: Comparing Indonesian Court Decisions No. 8/Pid.Sus-TPK/2021/PN.Kdi and No. 138/Pid.Sus-TPK/2025/PN.Mdn Torang Fadly Panjaitan; Marlina; Sutiarnoto
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.64026

Abstract

Village fund corruption presents a complex challenge for criminal law when the unlawful use of public funds arises from substantially different motives. This study examines judicial reasoning and sentencing in two village fund corruption cases involving contrasting circumstances: the use of village funds for personal enrichment and their use to finance urgent medical treatment for a village head’s seriously ill spouse. It aims to determine the extent to which mens rea should influence criminal liability and sentencing in village fund corruption. This normative legal research employs statutory and case approaches by comparatively examining Decision No. 8/Pid.Sus-TPK/2021/PN.Kdi and Decision No. 138/Pid.Sus-TPK/2025/PN.Mdn within the framework of Indonesian anti-corruption law and principles of criminal responsibility. The findings demonstrate that personal enrichment accompanied by unlawful intent justifies criminal liability when the objective and subjective elements of corruption are established. Conversely, unlawful village fund expenditure motivated by an urgent humanitarian circumstance requires a more nuanced assessment of culpability, particularly regarding mens rea, motive, and the degree of blameworthiness. The study concludes that adjudicating village fund corruption should not rely solely on financial irregularities but should integrate legality with substantive justice through a comprehensive assessment of the defendant’s culpability and the circumstances underlying the offense.
Co-Authors Agusmidah Agusmidah Dandi Saputra Harahap Devira Ramadhani Eklesia Novita Alverin Siagian Galio Parly Keliat Galio Hasim Purba Istislam, - Jesline Arsjad M. Ekaputra Marlina Rizky, Fajar Khaify Rosnidar Sembiring Suhaidi Suhaidi Torang Fadly Panjaitan Willson Chandra Happier willson Zhein Fajar Rheina