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All Journal Unram Law Review Yustisia Tirtayasa: Jurnal Tugas Akhir Journal of Contemporary Law Studies Journal of International Islamic Law, Human Right and Public Policy Journal of Law Perspectives Review
Jarkasi Anwar
Universitas Sultan Ageng Tirtayasa
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Hubungan Keabsahan Pengalihan Piutang (Cessie) Yang Dilakukan Secara Berulang Kali Terhadap Perpindahan Hak Tanggungan Milik Debitur Novelia Adistie; Jarkasi Anwar
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol. 1 No. 1 Agustus 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v1i1.11407

Abstract

Banking helps people, one of which is through credit facilities. Received credit is accompanied by submitting a guarantee imposed by the mortgage right to the bank or creditor. One of the problems that often occur in credit is bad credit. The solution to overcome this is by obtaining funds relatively quickly by banks through transfer of accounts receivable (cessie). Efforts to minimize an impact that can harm the parties in the process of transferring accounts receivable (cessie) are at the core of the problems raised in this study, namely, how is the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly to the transfer of the debtor's liability and how is legal protection? for cessie buyers (cessionaris) based on Article 613 of the Civil Code in conjunction with Law Number 4 of 1996 concerning Land Mortgage Rights and Land-related Objects. The research was conducted using a normative juridical research method with descriptive analytical research using a statutory approach method. The data sources used in this research are primary legal materials, secondary materials, and tertiary legal materials. The data collection technique used in this research was through literature study and then analyzed qualitatively and normatively. The results of the research conclude that, the relationship between the legality of the transfer of accounts receivable (cessie) which is carried out repeatedly on the transfer of the debtor's mortgage is known to have mutual influence. A legal cessie is carried out if the basis of the rights is valid and in accordance with Article 613 and Article 1320 of the Civil Code. Legal protection for cessie buyers (cessie) in the practice of transferring accounts receivable (cessie) which is carried out repeatedly for the transfer of the debtor's mortgage is carried out through a cessie deed and several regulations in Law Number 4 of 1996 concerning Mortgage Rights to Land with Objects Items related to land.
Tinjauan Yuridis Terhadap Pembuktian Hak Atas Tanah Menggunakan Eigendom Verponding Berdasarkan Peraturan Pemerintah (PP) Nomor 18 Tahun 2021: Studi Putusan 109/PK/PDT/2022 Ahmad Akmal As Syauki; Dede Agus; Jarkasi Anwar
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.33

Abstract

This article examines the legal basis and evidentiary strength of using colonial-era Eigendom Verponding in proving land rights under Indonesia's contemporary agrarian law, particularly after Government Regulation (PP) No. 18 of 2021 on Land Management Rights, Land Rights, Condominium Units, and Land Registration. Focusing on Supreme Court Judicial Review Decision No. 109/PK/PDT/2022 concerning the Dago Elos dispute, we show that non-converted eigendom titles lost their validity as private rights after the 24 September 1980 deadline and became state-controlled land. Nevertheless, historical documents can still function as supporting evidence to prioritize applications for new rights by former holders, while physical possession without registered basis remains weak. Methodologically, the study adopts a normative juridical approach using statutory, case, and conceptual analyses. The findings reaffirm Indonesia’s negative publication system: certificates provide strong, not absolute, proof; and orderly conversion/registration is decisive. The article clarifies the evidentiary pathway for claims involving colonial titles post-PP 18/2021 and offers practical implications for BPN, judges, notaries/PPAT, and litigators.
Effectiveness Of Laws In The Implementation Of Food Distribution Permit Sanctions For Food Security Mirdedi; Jarkasi Anwar; Muhamad Muslih
Unram Law Review Vol 10 No 1 (2026): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v10i1.491

Abstract

In Indonesia, many food products are still circulating that are hazardous to consumer health and do not meet the criteria and requirements set out in the law regarding products that may be distributed.The purpose of this study is to determine the effectiveness of the Food Law and the Consumer Protection Law in their application to food products in circulation.The methodology used was normative sociological and normative legal juridical research, which was descriptive and analytical in nature, using primary and secondary data sources analyzed qualitatively by the researcher.The summary of the research findings is that the existence of distribution permits and supervision of distributed products is crucial for maintaining food safety. However, this still conflicts with the reality, as many products are still distributed without distribution permits. The government must be more selective in granting distribution permits and prioritize consumer protection, namely by monitoring and preventing the distribution of food products that endanger consumer health and safety. Action against violations must also be taken through sanctions in the form of business permit closures, fines, or other administrative sanctions to prevent the distribution of unlicensed products.
LEGAL PLURALISM AND THE RECOGNITION OF INDIGENOUS LAND RIGHTS: A COMPARATIVE STUDY OF INDONESIA, THE PHILIPPINES, AND CANADA Achmad Jaelani; Reza Kautsar Kusumahpraja; Dede Agus; Jarkasi Anwar; Aristama Mega Jaya
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21162464

Abstract

The regulation of customary land rights (hak ulayat) in Indonesia’s agrarian legal system reflects a structural tension between formal recognition and practical implementation. Although the 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law (UUPA) recognize indigenous peoples’ rights, such recognition remains conditional and administratively dependent, resulting in a subordinated legal position of indigenous communities. This study comparatively examines customary land governance in Indonesia, the Philippines, and Canada to identify divergent models of indigenous land recognition and to formulate an ideal regulatory framework for Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. It analyzes Indonesia’s agrarian framework, the Indigenous Peoples’ Rights Act (IPRA) of the Philippines, and the doctrine of Aboriginal title within Canadian jurisprudence. Findings indicate that Indonesia applies a conditional administrative recognition model, the Philippines adopts a statutory affirmative model through Certificates of Ancestral Domain Title (CADT) and Free, Prior, and Informed Consent (FPIC), while Canada develops a constitutional-judicial model grounded in historical occupation, reinforced by fiduciary duty and meaningful consultation. These differences reflect varying degrees of legal certainty and institutional protection of indigenous land rights. The study concludes that Indonesia requires reconstruction toward a constitutional-pluralist model grounded in dignified justice, operationalized through declaratory recognition, binding territorial demarcation, substantive consent requirements, independent dispute resolution mechanisms, and a strict public interest test for state intervention.
Perlindungan Hukum Pembeli Produk Tidak Sesuai Dihubungkan Undang-Undang Nomor 8 Tahun 1999 Farhan Fatihuddin; Dede Agus; Jarkasi Anwar
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4922

Abstract

One of the most significant digital developments is online shopping. Online shopping is highly favored by the public because it is considered to facilitate transactions. However, there are negative impacts, including dishonest merchants when marketing products, which results in losses for consumers. Therefore, the author wants to understand how legal protection is provided for consumers who lack government oversight, as well as the legal remedies that can be taken based on Law Number 8 of 1999 concerning Consumer Protection. This research method is normative-empirical law. The data used in this study are secondary and primary data. The technique for collecting secondary data is a literature study and primary data through interviews. Data processing in this study is a literature study and field. This research analysis uses a qualitative approach. The results of the study indicate that sellers are proven to not pay attention to consumer protection because they found discrepancies in the goods received, which harm consumers. It is also explained that consumers will be protected by Law Number 8 of 1999 if the consumer feels disadvantaged by the product being sold. Consumers have the right to receive comfort, security, and safety in using a product being sold to them.
Pertanggungjawaban Hukum dan Kerugian Konsumen dalam Pemalsuan BBM: Studi Kasus Pemalsuan Pertamax di SPBU 34.151.39 Tangerang Achmad Hafizh Sirait; Dede Agus; Jarkasi Anwar
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5079

Abstract

This study aims to analyze consumer legal protection against Pertamax fuel This study examines the legal accountability of business actors and the losses suffered by consumers in the Pertamax fuel counterfeiting case at Gas Station 34.151.39 in Tangerang City. The research aims to analyze the extent of consumer protection, the legal responsibilities arising from the distribution of counterfeit fuel, and the violation of good faith principles in business practices. Using a qualitative method with a case study approach, data were obtained through in-depth interviews with consumers and relevant stakeholders, field observations, and analysis of regulatory documents and supervisory reports. The study applies Philipus M. Hadjon’s Legal Protection Theory, covering preventive, repressive, and remedial mechanisms. The findings reveal that fuel adulteration—such as mixing lower-grade fuel with coloring substances to resemble Pertamax—results in significant financial and technical losses, including engine damage and reduced vehicle performance. Legal protection remains ineffective due to weak supervision and limited enforcement against business actors. The gas station operator is legally obligated, under Article 19 of the Consumer Protection Act, to provide compensation through refunds, product replacement, or other statutory remedies. The study concludes that strengthening monitoring, imposing strict sanctions, and enhancing consumer awareness are essential to ensuring effective legal protection and safeguarding consumer rights in fuel distribution.
Co-Authors Achmad Hafizh Sirait Achmad Jaelani Ahmad Akmal As Syauki Aristama Mega Jaya Dede Agus Farhan Fatihuddin Mirdedi Muslih, Muhamad Novelia Adistie Reza Kautsar Kusumahpraja