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All Journal Jurnal Civicus SIGn Jurnal Hukum Jurnal Ilmu Hukum KYADIREN
Astim Riyanto, Astim
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Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Revitalisasi Pendidikan Pancasila dalam Kehidupan Bermasyarakat, Berbangsa, dan Bernegara di Era Reformasi Indonesia Riyanto, Astim
Jurnal Civicus Vol 8, No 1 (2008): JURNAL CIVICUS, JUNI 2008
Publisher : Department of Civic Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17509/civicus.v8i1.26051

Abstract

Revitalisasi Pendidikan Pancasila dalam Kehidupan Bermasyarakat, Berbangsa, dan Bernegara di Era Reformasi Indonesia
Reformulation of the Legal Liability of Land Deed Officials for Defects in Authentic Deeds Sudarwati, Dini Anggraini; Riyanto, Astim; Harlina, Indah
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.338

Abstract

This study is motivated by the growing number of legal violations committed by Land Deed Officials (PPAT), encompassing administrative, ethical, and even criminal misconduct, as exemplified by the Magelang District Court Decision No. 56/Pid.B/2022/PN.MGG concerning the forgery of sale and mortgage deeds. The purpose of this research is to analyze the legal responsibility of PPATs in drafting authentic deeds that contain legal defects or elements of forgery and to examine the interrelation among administrative, ethical, and criminal violations within the framework of Indonesian positive law and the constitutional principle of social justice enshrined in the 1945 Constitution of the Republic of Indonesia. This research employs a normative juridical method using a statutory and case study approach. The findings reveal overlapping accountability mechanisms between ethical and criminal dimensions, as well as inadequate supervision of PPAT practices. It is therefore concluded that a reformulation of the sanction and supervision system for PPATs is necessary to ensure proportionality and alignment with the constitutional principle of social justice.
Demarcation of Criminal Liability of Notary Publics in the Falsification of Authentic Deeds: Examination of Supreme Court Decision Number 933 K/Pid/2023 Detiandri, Laras; Riyanto, Astim; Setiawan, I Ketut Oka
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.692

Abstract

Notaries public as public officials hold the attributive authority to issue authentic deeds, but this instrument is vulnerable to manipulation due to the disregard of the principle of prudence. A crucial problem arises due to the absence of uniform dogmatic parameters in distinguishing professional administrative negligence from the criminal intent of notaries public in the criminal act of falsification. This has implications for massive civil losses for third parties and triggers a disparity in judicial decisions. This research aims to evaluate the distinction between administrative negligence and conditional intent and to reconstruct the application of the doctrine of participation to public officials by examining the legal considerations in Supreme Court Decision Number 933 K/Pid/2023. Utilizing a normative legal research method through the statute, case, and conceptual approaches, legal materials are analyzed using a juridical qualitative method with deductive syllogism reasoning. The examination results prove that the active action of a notary public ignoring a clear written warning regarding defective documents and inserting them into the minutiae of the deed converts negligence into conditional intent that legally fulfills the elements of Article 264 section (1) of the Penal Code. This action fulfills the requirement of joint physical implementation in the crime of falsifying an authentic letter. Such action degrades the perfect evidentiary value of the deed into an underhanded act, resulting in civil losses amounting to billions of rupiahs. The cassation decision absolutely establishes the Defendant’s criminal liability, simultaneously voiding the legal protection right of the Notary Honorary Council. This research concludes that the notarial mandate does not provide immunity against structural crimes. Therefore, it is recommended that the Ministry of Law of the Republic of Indonesia reform the supervision regulation to revoke professional protection at the initial investigation stage if an active action is proven, and to establish this decision as established jurisprudence to restore the legal certainty of evidentiary instruments in Indonesia.
Professional Liability of Land Deed Officials and the Evidentiary Degradation of Materially Defective Grant Deeds: An Examination of Religious Court Decisions Aini, Sella Nur; Abdullah, Zaitun; Riyanto, Astim
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.693

Abstract

The transfer of land rights through a grant instrument is absolutely limited to a maximum of one-third of the estate to protect the heirs’ legitime (legitieme portie). The violation of this material limitation strongly correlates with the negligence of Land Deed Officials and culminates in judicial disputes, as reflected in the jurisdictional anomaly between the Lumajang Religious Court Decision and the Surabaya High Religious Court Decision. This research aims to analyze the construction of the public official’s juridical liability and examine the degradation of the deed’s evidentiary value due to material defects. Through normative legal research employing case, statute, conceptual, and philosophical approaches, this study finds that the Land Deed Official’s failure to apply the prudential principle is qualified as negligence, implicating the emergence of administrative, civil, and ethical liability. Furthermore, exceeding the grant limit renders the legal act null and void, thereby degrading the deed’s evidentiary value to a private deed and nullifying its validity in state administrative affairs. However, the appellate court decision was rigidly bound by procedural formalism, refusing to adjudicate the case (déni de justice) on grounds of administrative jurisdiction. As a legal prescription, the religious court should annul the material act of the grant to revert the object into the undivided whole estate (boedel waris). This object’s status serves as a basis for requesting restoration to the original state (restitutio in integrum) at the Land Office. Supreme Court intervention through jurisprudence is required to align administrative certainty with the value of justice in wealth preservation (hifz al-mal).
Co-Authors Aini, Sella Nur Detiandri, Laras Indah Harlina Setiawan, I Ketut Oka Sudarwati, Dini Anggraini Zaitun Abdullah