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All Journal DE JURE Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta JURNAL HUKUM dan KENOTARIATAN Risalah Hukum International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat RechtIdee IIJSE Jurnal Hukum dan Pembangunan Asian Journal of Management, Entrepreneurship and Social Science
Djumikasih
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Notarial KYC Principle and Legal Uncertainty in Foreign Capital Company Formation Ramadhan, Muhamad Fajar; Djumikasih, Djumikasih; Widhiawati, Dyah
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i3.7627

Abstract

The increasingly globalized investment climate has made Indonesia a strategic destination for Foreign Direct Investment (FDI), particularly through the establishment of Foreign Investment Limited Liability Companies (PT PMA). However, the regulatory framework surrounding the Know Your Customer (KYC) principle—locally known as Prinsip Mengenali Pengguna Jasa (PMPJ)—implemented by notaries in this process remains incomplete. This creates legal uncertainty and potential risks for both notaries and foreign investors, especially in the context of anti-money laundering enforcement. This study addresses two main problems: the impact of regulatory incompleteness regarding PMPJ on foreign investors in the PT PMA establishment process, and how PMPJ should be regulated for notaries dealing with foreign investment. The research uses normative juridical methods with a statute and conceptual approach, relying on primary, secondary, and tertiary legal materials and analyzed using grammatical and systematic interpretation. The findings reveal that existing regulations, including the Minister of Law and Human Rights Regulation No. 9 of 2017, do not adequately specify the verification and transaction monitoring procedures for foreign users of notarial services. This regulatory gap results in procedural confusion, potential legal liability for notaries, and hampers the state's efforts to combat transnational financial crimes. The study recommends the formulation of clearer and integrated PMPJ regulations, the development of digital verification systems, and enhanced institutional coordination to ensure legal certainty and protection for all stakeholders involved.
DOMESTIC PREFERENCE PROVISIONS FOR INDONESIAN ELECTRICITY INFRASTRUCTURE PROJECTS FUNDED BY FOREIGN LOANS Anggita Tridiani Sirait; Djumikasih; Budi Santoso
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4296

Abstract

The purpose of this study is to analyze the potential inconsistency of the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 with the principles of the Regulation for ADB Borrowers and its legal implications on electricity infrastructure projects funded by foreign loans. This research method is normative juridical with a legislative approach, an analytical approach, and a conceptual approach. The results show that the domestic preference provisions in ESDM Ministerial Regulation No. 11 of 2024 strengthen the use of domestic products in electricity projects funded by foreign loans, but have the potential to conflict with the principles of fairness and transparency in the Procurement Regulations for ADB Borrowers. Nationally, this policy is legitimate and supports economic independence, but internationally it can raise issues of inconsistency with the WTO principles of non-discrimination and national treatment and affect the credibility of the procurement process.
Legal Certainty In The Provision of Free Notarial Services For The Underprivileged Syaid, Ishma Safira; Djumikasih; Trie Sulistiowarni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December In progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.320

Abstract

This study aims to analyze the legal consequences of incomplete norms governing the obligation to provide free notarial services by notaries to the underprivileged as stipulated in Article 37 of the Notary Law (UUJN). This provision actually reflects the social function of the notary office in ensuring access to justice. However, Article 37 of the UUJN does not yet contain clear parameters regarding the criteria for the underprivileged, the types of notarial services that must be provided, or the financing mechanism. This study uses a normative legal research method with a statutory, comparative, and conceptual approach. The results show that the incomplete norms in Article 37 of the UUJN create legal uncertainty. Based on previous field research, there are differences in the implementation of the obligation to provide free notarial services among notaries for the underprivileged. A comparative study with Law Number 16 of 2011 concerning Legal Aid and Government Regulations related to its implementation shows that the legal aid system has a more comprehensive legal framework, including parameters for beneficiaries, types of services provided, and financing mechanisms from the state. Therefore, it is necessary to establish implementing regulations or technical guidelines that detail the obligation to provide free notarial services, as explained above. This normative reconstruction is crucial to ensuring legal certainty for notaries and the beneficiary community.
THE MEANING OF MATURITY IN MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LAW Ane Fany Novitasari; Thohir Luth; Djumikasih; Nur Chanifah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1102

Abstract

Marriage maturity is intended to build an adult household, although textually it is not stipulated regarding maturity in marriage does not mean that Muslims are free to marry freely without considering their level of maturity. This study aims to examine the meaning of maturity in marriage from the perspective of Islamic law. This research is a normative legal research with a philosophical approach (philosophical approach), statutory approach (statute approach), and conceptual approach (conceptual approach). The techniques for analyzing legal material are survey, question, read, recite/recal, review using a deductive way of thinking. The results of the study show that maturity according to Islamic law is that marriage is carried out within the limits of someone who has entered the baligh phase. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship.
JURIDICAL IMPLICATIONS THE JOINT MEETING OF THE PURA DWIJAWARSA FOUNDATION IS BASED ON LEGAL CERTAINTY Melati Putri Nusa, Luh Putu Ayu Meilina; Djumikasih; Dyah Widhiawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1167

Abstract

The Foundation Law provides an understanding that a foundation is a legal entity engaged in religious, social, and humanitarian fields. This research discusses the juridical implications of the joint meeting held at Yayasan Pura Dwijawarsa with the aim of appointing the foundation's trustees, the regulation of the joint meeting is contained in article 7 number 6 of the Articles of Association contained in the Deed of Establishment of Yayasan Pura Dwijawarsa Number 29 dated April 25, 2008 made before notary Niluh Elita Mahariany S.H., M.Kn, the article states that if for any reason the foundation does not have a trustee, then since the vacancy is obliged to appoint a trustee based on the decision of a joint meeting by the management and supervisory organs. But what happened in Yayasan Pura Dwijawarsa, the joint meeting aimed at appointing the coach was carried out by the management and supervisors who had ended their term of office. This research is a socio-legal research using a sociological juridical approach. The results of the analysis show that there are several impacts arising from the existence of the joint meeting so that it is not in accordance with one of the objectives of the law, namely legal certainty.
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR Samuel Fajar Hotmangara Tua Siahaan; Rachmi Sulistyarini; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4422

Abstract

Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
Urgency of Notification to the Owners of Collateral Goods in the Sale of Receivables Accompanied by Credit Transfer by Cession wijaya, Sevi Puri; Djumikasih; Susilo, Hariyanto
International Journal of Business, Economics, and Social Development Vol. 6 No. 4 (2025): International Journal of Business, Economics, and Social Development (IJBESD)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i4.1096

Abstract

Banking plays a vital role in society, especially with increasingly accessible credit facilities. Loans or credit must include collateral in the form of a mortgage, which must be fully surrendered to the creditor. However, a common problem in credit provision is bad debt or the inability of the debtor to fulfill their obligations. One solution adopted by the bank is the transfer of receivables (cession). In the transfer of receivables, several obligations must be fulfilled by the creditor, namely notification and the preparation of a deed of cession to the debtor and the collateral owner regarding the transfer of rights, as stipulated in the Civil Code. The purpose of this study is to analyze the meaning of notification to the collateral owner and the debtor, or approval in the sale of receivables accompanied by the transfer of credit through cession, and to analyze the legal protection for the collateral owner or the sale of receivables accompanied by the transfer of credit. This legal research is a normative legal research, the types and sources of data used are primary data, namely statutory provisions, and secondary legal materials, namely books, journals, and interviews collected by the author. Notification and approval of the collateral owner is the most important factor in the transfer of a cession and if it is not implemented, it will make the cession have no legal impact on the debtor or even be null and void by law.
Co-Authors Abdul Rachmad Budiono Afifah Kusumadara Ahmad Shoifi Anandita, Azzavira Salsa Ane Fany Novitasari Ane Fany Novitasari Anggita Tridiani Sirait Baiq Tiffani Yunita Budi Santoso Chusnida, Nabilah Dwi Qurbani, Indah Dyah Widhiawati Elmaila, Izzah Endang Sri Kawuryan FADLI, MOH Faisal Muhammad, Faisal Muhammad Fathul Laila Fathul Laila, Fathul Herlindah Herlindah Hidayat, Fitri I Nyoman Nurjaya I Nyoman Nurjaya Imam Koeswahyono Imam Koeswahyono Imam Koeswahyono Indri Puspitasari, Indri Kusuma Dewi , Amelia Sri Lely Sulthoniah Leony Sutanto, Christanty Liora, Noela Luth, Thohir Manap, Norhoneydayatie Abdul Melati Putri Nusa, Luh Putu Ayu Meilina Miftahus Sholehudin Muhamad Fajar Ramadhan, Muhamad Fajar Muhammad Azmi Khoirurrijal Muliani, Alisya Natasha Graciela Hastika Nur Chanifah Nusa, Luh Putu Ayu Meilina Melati Putri Rachmi Sulistyarini Redanti, Maya Rino Arief Rachman Rosyida Tri Yunita Samuel Fajar Hotmangara Tua Siahaan Shrimanti Indira Pratiwi Shrimanti Indira Pratiwi Sihabudin SIHABUDIN Suci Risma Deta Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Syaid, Ishma Safira Tata PELITA Thohir Luth Trie Sulistiowarni Widhiawati, Diah Widhiawati, Dyah Widyanti, Yeni Eta wijaya, Sevi Puri Yenny Eta Widyanti Zees, Rizky Fauzi R