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LAND DISPUTE BETWEEN MAMAK AND NEPHEW OVER CENTURIES-OLD INHABITED LAND BASED ON JUDGE'S DECISION Yulidia, Yulidia; Sudiro, Amad
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1509

Minangkabau society adheres to a matrilineal kinship system, where ancestral land (pusaka tinggi) is inherited collectively by female family members and cannot be transferred outside the lineage. The legal relationship between customary law communities and their land creates inherent rights that ensure communal ownership and usage. However, disputes often arise regarding land ownership and inheritance due to differing interpretations of customary laws. This research aims to analyze the resolution of inherited land disputes within the Minangkabau community, specifically in the Batang Kapas area, based on the court decision in case number 31/Pdt.G/2013/PN.Pin. The study employs normative legal research methods, focusing on statutory, case law, historical, and conceptual approaches. Data is gathered through document analysis of court decisions, legal literature, and Minangkabau customary law principles. The findings indicate that the resolution of customary land disputes heavily relies on historical evidence, family genealogy, and the existence of ancestral graves on the disputed land. The court ruled in favor of the defendants, considering that the land had been occupied for generations by the same lineage, as evidenced by the presence of family burial sites and testimonies from customary leaders. The decision highlights the strong influence of Minangkabau customary law in determining rightful ownership, emphasizing the principle of collective inheritance and the role of traditional leaders in dispute resolution. This study underscores the enduring relevance of customary law in modern legal frameworks and its significance in preserving communal property rights within indigenous communities.

The Principles of Legal Certainty for Land Rights After Natural Disaster in Indonesia Rachmah, Andriana; Sudiro, Amad
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.507

This paper explores the principles of legal certainty for community land rights in the subsequent to the occurrence of catastrophic natural events in Indonesia, it probes into the intricacies of land ownership and the challenges faced by communities when their lands are devastated by natural calamities. The research scrutinizes the jurisprudential structure of Indonesia, its efficacy, and the lacunae present in the protection of property rights amidst such calamities. It additionally deliberates on the functions of governmental and non-governmental entities, and international bodies in ensuring legal certainty for affected communities. The paper concludes with recommendations for policy changes and legal reforms to augment the safeguarding of communal property rights in the advent of catastrophic natural events. This research contributes to the discourse on land rights and legal certainty, providing valuable insights for policymakers, legal practitioners, and disaster management agencies.

Airline Legal Liability for Lost Cabin Baggage: A Review of Consumer Protection in Air Transportation Wibowo, Evan Fernando Agung; Sudiro, Amad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): 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.v7i1.279

This study examines the legal liability of airlines for the loss of passengers’ belongings stored in cabin baggage—an issue that frequently arises yet remains largely overlooked by current legal frameworks. In contrast to checked baggage, cabin baggage remains under the direct supervision of passengers, leading airlines to often deny responsibility for losses. Employing a normative legal approach, this research analyzes applicable laws, regulations, and case studies, particularly judicial decisions involving disputes between passengers and international airlines. The findings indicate that legal, administrative, technical, and economic barriers constitute significant obstacles for passengers seeking compensation. The study underscores the need to re-evaluate the principle of limitation of liability, enhance cabin security standards, and strengthen consumer dispute resolution mechanisms to establish a more equitable and effective system of protection.

Regulations Without Protection: State Failure in Safeguarding Passenger Rights Sibatuara, Enjelina; Sudiro, Amad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): 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.v7i1.297

Flight delays remain a persistent issue in Indonesia’s air transportation sector, directly impacting passengers through financial and non-material losses. This study aims to (1) analyze the legal responsibilities of air transportation business entities for flight delays under Law Number 1 of 2009, (2) evaluate the effectiveness of the compensation claim settlement mechanism in accordance with Law Number 8 of 1999 on Consumer Protection, and (3) uncover structural inequalities in the legal relationship between airlines and passengers. Employing a normative legal approach, the study draws upon both primary and secondary legal sources. The findings reveal that, despite an adequate regulatory framework, the enforcement of legal responsibilities and the functionality of claims mechanisms remain weak. A significant imbalance in bargaining power and access to justice persists between passengers and airlines, further exacerbated by ineffective state oversight. This study concludes that policy reform and a strengthened state supervisory role are essential to ensure legal certainty and the effective protection of passenger rights.

Position and Role of Witnesses in Making Notarial Deeds Based on the Notarial Law on the Cancellation of Authentic Deeds to Become Private Deeds (Case Study of Supreme Court Decision Number 1266 K/PDT/2022) Sudiro, Amad; Lestari, Mega Wahyu
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44803

An authentic deed is written evidence which has perfect legal force in the civil law system in Indonesia. This deed is made by or before an authorized public official, namely a notary, in accordance with the form and procedures determined in the laws and regulations. However, in practice, deeds are often found that do not meet formal and material requirements so that it causes legal problems and harming the parties involved. One of these problems can be seen in the Supreme Court's Cassation Decision Number 1266 K/Pdt/2022, where the notarial deed was made without being attended and signed by witnesses, which is a violation of the provisions of Article 38 paragraph (4) letter c and Article 40 paragraph (1) of Law No. 30 of 2004 concerning the Position of Notary, and Article 1868 of the Civil Code. This study used a normative legal method with a statute approach and a case approach. The data collection technique was conducted through literature studies and analyzed descriptively qualitatively. The results of the study show that notarial deeds which do not meet formal legal requirements, such as not being attended by witnesses, result in the legal status changing to a private deed. In this case, a notary as a public official can be held legally accountable, either administratively, civilly, criminally, or through a professional code of ethics. Thus, the fulfillment of formal and material requirements in the making of a deed by a notary is an important aspect in ensuring legal certainty and protection for the parties.

Aspects of Legal Certainty in the Unilateral Cancellation of Notarial Deeds without the Presence of the Interested Party Sudiro, Amad; Dilla, Shinta
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44804

The aim of this study is to discuss the Aspect of Legal Certainty in the Unilateral Cancellation of Notarial Deeds Without the Presence of Interested Parties, in which one form of legal certainty is Legislation. Furthermore, in order to guarantee legal certainty if there is a contract between legal subjects which requires further legal action, it is usually conducted by making an official deed made before a notary. The position and legal force of a notarial deed are important since notaries are given special authority by special laws so that the notary's responsibility for the cancellation of a deed needs to be further analyzed because it is an inseparable aspect of legal certainty in the civil law system in Indonesia. This study used normative research by using the approach method, theory/concept, and analysis method included in the discipline of dogmatic law by analyzing the decision of case Number: 1127/Pdt.G/2020/PN. Dps Data were collected through literature study and it was analyzed descriptively qualitatively with primary legal materials and secondary legal materials. This study concludes that a notarial deed will be an authentic deed if the deed is made in accordance with existing regulations and it meets the provisions stipulated in the Notary Law and the notary's responsibility in cancelling a notarial deed conducted unilaterally without the presence of a notary.

The Real Solutions to the Ignored Prison Overcrowding Problem Hamja, Hamja; Ravena, Dey; Sudiro, Amad; Nunna, Bhanu Prakash
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.588-607

This study aims to analyze prison overcapacity for concrete and operational solutions. This study used a normative research approach. The author's research results recommend adaptive solutions to the problem of overcrowding, including measuring the improvement of the process of making prison policies and crime prevention in the form of various restorative and rehabilitative regulations such as rehabilitation programs for drug offenders, the application of monetary penalties in lieu of imprisonment, the implementation of open prisons, and the implementation of social control laws; evaluating various guidance efforts that have been carried out to reduce the number of recidivism as a major contributor to overcrowding in addition to prison policies and the judicial process; and deepening the understanding of restorative and rehabilitative efforts in the form of vocational, guidance, job coaching, reintegration in society, as well as public perceptions of prisoners as an implicit driving factor towards repeat crimes. The novelty of this study lies in its integrated perspective, which connects prison overcapacity with the broader need for systemic reform in correctional philosophy.

Airline Legal Liability for Lost Cabin Baggage: A Review of Consumer Protection in Air Transportation Wibowo, Evan Fernando Agung; Sudiro, Amad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): 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.v7i1.279

This study examines the legal liability of airlines for the loss of passengers’ belongings stored in cabin baggage—an issue that frequently arises yet remains largely overlooked by current legal frameworks. In contrast to checked baggage, cabin baggage remains under the direct supervision of passengers, leading airlines to often deny responsibility for losses. Employing a normative legal approach, this research analyzes applicable laws, regulations, and case studies, particularly judicial decisions involving disputes between passengers and international airlines. The findings indicate that legal, administrative, technical, and economic barriers constitute significant obstacles for passengers seeking compensation. The study underscores the need to re-evaluate the principle of limitation of liability, enhance cabin security standards, and strengthen consumer dispute resolution mechanisms to establish a more equitable and effective system of protection.

Regulations Without Protection: State Failure in Safeguarding Passenger Rights Sibatuara, Enjelina; Sudiro, Amad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): 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.v7i1.297

Flight delays remain a persistent issue in Indonesia’s air transportation sector, directly impacting passengers through financial and non-material losses. This study aims to (1) analyze the legal responsibilities of air transportation business entities for flight delays under Law Number 1 of 2009, (2) evaluate the effectiveness of the compensation claim settlement mechanism in accordance with Law Number 8 of 1999 on Consumer Protection, and (3) uncover structural inequalities in the legal relationship between airlines and passengers. Employing a normative legal approach, the study draws upon both primary and secondary legal sources. The findings reveal that, despite an adequate regulatory framework, the enforcement of legal responsibilities and the functionality of claims mechanisms remain weak. A significant imbalance in bargaining power and access to justice persists between passengers and airlines, further exacerbated by ineffective state oversight. This study concludes that policy reform and a strengthened state supervisory role are essential to ensure legal certainty and the effective protection of passenger rights.

Legal Consequences of Making a Deed of Marriage Agreement by a Notary Who Has Not Been Registered Manullang, Lasmaria; Sudiro, Amad
JURNAL USM LAW REVIEW Vol. 6 No. 3 (2023): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v6i3.7338

This research aims to discover the legal consequences of making a marriage agreement deed by a notary who has yet to be registered at the Office of Religious Affairs. This research method is normative legal research examining the legal consequences of making a marriage agreement deed by a notary who has yet registered at the Office of Religious Affairs. The research method used includes research on legal principles, systematic law analysis, and legal synchronization study. This research is focused on case studies of the East Jakarta Religious Court Decision Number 4855/Pdt.G/2019/Pa. It is related to doing a marriage agreement deed by a notary without registration at the Office of Religious Affairs. The results of this study analyze the legal implications of non-recording, both from the perspective of the validity of the marriage agreement certificate and its legal impact on the parties concerned. The novelty of this research is that administrative inaccuracies in making a marriage agreement can affect its legal validity and related rights. This research also seeks to provide recommendations for increasing awareness and compliance with applicable legal procedures to avoid potential conflicts and disputes in the future related to the marriage agreement deed.

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