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All Journal Jurnal Online Mahasiswa (JOM) Bidang Keguruan dan Ilmu Pendidikan Journal of Teaching and Learning in Elementary Education JURNAL MERCATORIA Awang Long Law Review Jurnal Ilmiah Penegakan Hukum DIVERSI : Jurnal Hukum JUSTISI SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal La Sociale REVELATIA: Jurnal Ilmu al-Qur`an dan Tafsir Journal of Law, Poliitic and Humanities International Significance of Notary
Rahmatul Hidayati, Rahmatul
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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The Position of the Heritage Property Center (BHP) in Providing Legal Protection for the Civil Rights of Persons in Custody and the Child in Custody Budiarti, Lilik; Hidayati, Rahmatul; Sunardi, Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2106

Abstract

This study uses normative juridical research, using the statute approach, conceptual approach, and historical approach. This thesis is studied to analyze all laws and regulations related to the administration, guardianship, duties and functions of BHP. In order to analyze the position of BHP in providing legal protection for the civil rights of people in custody and children in guardianship, namely as supervisors and guardians. as well as analyzing the legal consequences of a Notary deed or PPAT that contains a determination of custody and guardianship and is not notified or registered at BHP. Legal consequences of the Notary deed or PPAT, the act can be declared to violate Article 418 of the Civil Code, thus the deed can be declared null and void or worthless. So that this of course causes harm to the parties, for that the parties can file a civil lawsuit with a Notary or PPAT to be demanded for compensation for the losses that have been incurred from the making of the deed and can be administratively dismissed. To avoid the problems mentioned above, synergy and cooperation between all parties is needed, the Court, Dukcapil, BPN, Notary and PPAT and the Government also immediately issue a law that clearly regulates the affirmation of the Registration of Court Determination at BHP and strict sanctions if it is violated.
Legal Review of the Process of Handling Cases of Sexual Violence Against Children Utama, Bobby Edwan Ramnissa; Hidayati, Rahmatul; Parmono, Budi
Journal La Sociale Vol. 6 No. 6 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i6.2478

Abstract

This study aims to examine and analyze the handling of cases of sexual violence against children from a positive legal perspective, focusing on the implementation of legal procedures at the Batu Police Department. The method used is normative juridical, with a statutory and conceptual approach. The primary data sources consist of primary legal materials, such as the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Law Number 11 of 2012 concerning the juvenile criminal justice system. Secondary legal materials were obtained from academic literature, scientific journals, and relevant law enforcement documents. The results of the study indicate that normatively, the handling of cases of sexual violence against children is clearly regulated through laws and regulations that require maximum protection for child victims, including in investigations, special treatment during examinations, and the fulfillment of victims' rights. However, in practice at the Batu Police Department, law enforcement still faces various challenges, such as limited investigative resources, minimal psychological support, and a lack of understanding of the victim's perspective. Furthermore, the legal process still does not fully comply with the principles of restorative justice mandated by the latest regulations. This study recommends improving the capacity of investigators through gender-sensitive and child protection training, strengthening synergy between the police, child protection agencies, and supporting agencies, and ensuring ongoing oversight of the case handling process to ensure optimal protection of child victims' rights at every stage of the legal process.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.
Non-Decriminalization of Political Offenses in Indonesia: A Study on Article 154 of the Criminal Code (KUHP) Parmono, Budi; Hidayati, Rahmatul; Ahnaf, Muhammad Qatrunnada
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 4 (2025): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i4.8136

Abstract

Article 154 of the Indonesian Criminal Code (Kitab Undang-undang Hukum Pidana; KUHP) is classified as a political offense because it is directed against the state, aims at public harm (public wrong), and involves non-violent expression of enmity or contempt (oral, written, or visual). The Dutch Government, however, viewed Article 154 KUHP as undemocratic and contrary to free expression and opinion, arguing it was only justifiable in colonial Indonesia for their interests. This created a divergence between the legislative interests of a colonized nation and a democratic one regarding 'expression' or 'opinion'. The Netherlands has equivalent provisions in Articles 137a to 137e of their Criminal Code, focusing on public insult against authorities or specific groups. While the Dutch code formulates these as formal insult offenses, Indonesia’s Article 154 KUHP is broader, covering both formal and material insult. Notably, Articles 137a and 137b of the Dutch Criminal Code were revoked in 1978 for conflicting with Dutch freedom of expression, while Article 154 KUHP remains enforced in Indonesia because its elements are considered identical to Political Offenses.
DETERMINATION OF PAYMENT OF TAX OBJECTS IN THE DEED OF LEASE AGREEMENT FOR THE MANAGEMENT OF TOURISM OBJECTS MADE BY A NOTARY Huda, Rizqy Miftahul; Hidayati, Rahmatul; Siboy, Ahmad
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7449

Abstract

This study examines the determination of tax obligations in lease agreements for the management of tourism objects, focusing on the Cooperation Agreement for the Utilization of the Pantai Bentar Tourism Object. The research aims to analyze the legal regulation of tax object payment, the legal consequences of the absence of taxation clauses, and the notary’s responsibility when the deed does not clearly stipulate the parties’ rights and obligations. This study employs a normative juridical method using statutory and conceptual approaches, with legal materials collected through library and document research on regional asset management, taxation, and notarial law. The findings indicate that although the agreement formally fulfills the requirements of Article 1320 of the Indonesian Civil Code, it substantively fails to comply with mandatory legal norms due to the absence of taxation clauses and clear allocation of rights and obligations. This omission violates prevailing fiscal regulations and may cause legal uncertainty and potential regional financial losses. The study concludes that notaries bear professional and administrative responsibility to ensure that authentic deeds comply with mandatory public law provisions to guarantee legal certainty in regional asset management.
OBLIGATIONS OF LAND RIGHTS HOLDERS TO MANAGE THEIR OWN AGRICULTURAL LAND Suhartono, Suhartono; Hidayati, Rahmatul; Siboy, Ahmad
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7450

Abstract

Agricultural land is a strategic asset in national development because it plays a direct role in maintaining food security and community welfare. However, the process of urbanization, industrialization, and weak legal supervision has led to massive land conversion and an increase in absentee land ownership practices (guntai). Landowners who do not manage their land directly cause a lot of land to become unproductive, illegally transferred, or used as an object of price speculation. This condition causes inequality in land distribution and hinders the goal of agrarian reform as mandated by the UUPA. Therefore, this study examines in depth the "Obligations of Land Rights Holders to Manage Their Own Agricultural Land", focusing on how the normative regulation of these obligations and the legal consequences for rights holders who do not implement them. This study formulates two main research questions: how the obligation of land rights holders to cultivate their own agricultural land is regulated in Indonesian legislation, and what the legal consequences are for those who fail to fulfill this obligation. The research employs a normative juridical method with statutory and conceptual approaches. The legal materials used include primary sources such as the 1945 Constitution, the Basic Agrarian Law, Government Regulation No. 224 of 1961, Law No. 41 of 2009, Government Regulation No. 20 of 2021, and other related regulations, as well as secondary sources consisting of literature and academic journals, and tertiary legal materials. The results of the study show that the obligation of the right holder to manage agricultural land itself is a manifestation of the principle of the social function of land as stipulated in Article 6 of the UUPA. The provisions regarding the prohibition of absentee land ownership are affirmed in Government Regulation No. 224 of 1961, which requires agricultural land to be managed directly by its owners in order to prevent land concentration, speculative practices, and the occurrence of abandoned land. This obligation is also strengthened through the policy of protecting sustainable food agricultural land. Right holders who do not manage their land can be subject to various legal consequences, such as: control and takeover as abandoned land, reduction or revocation of land rights, and redistribution to other parties through the land reform program. Thus, the obligation to manage agricultural land itself is not only an administrative norm, but an important instrument to achieve agrarian justice and ensure the sustainability of national food security.
NOTARY AUTHORITY IN MAKING DEEDS ON LAND ACQUISITION FOR ROAD WIDENING BY THE MINISTRY OF PUBLIC WORKS AND PUBLIC HOUSING Badawy, Ahmad Firdan; Parmono, Budi; Hidayati, Rahmatul
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7451

Abstract

This study aims to analyze the authority of Notaries in drafting deeds of land rights release in land acquisition for road widening conducted by the Ministry of Public Works and Housing (PUPR), as well as to examine the legal consequences of land acquisition carried out without a Notarial deed. The research employs a normative legal research method using a statutory approach and a conceptual approach. Legal materials consist of primary legal sources in the form of relevant laws and regulations, secondary legal materials including legal doctrines and previous studies, and tertiary legal materials as supporting references. The data are analyzed qualitatively through legal reasoning to assess normative consistency and the scope of legal authority in land acquisition practices. The findings indicate that Notaries possess juridical authority to draft authentic deeds related to the release of land rights based on the Law on the Notarial Office; however, such authority is not mandatory within the legal framework governing land acquisition for public purposes. Land acquisition conducted without a Notarial deed remains administratively valid if procedural requirements are fulfilled, yet it may weaken evidentiary strength and increase the risk of future legal disputes.
REFORMULATION OF NOTARY PROTOCOL ARCHIVE STORAGE ARRANGEMENTS IN DIGITAL FORM Kurniawan, Risqi; Hidayati, Rahmatul
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7452

Abstract

The rapid advancement of information and communication technology has significantly transformed various aspects of human activity, including the notarial profession. As a public official authorized to create authentic deeds, a notary is also responsible for maintaining the notarial protocol as legal evidence of every deed executed. However, the current archival system for notarial protocols in Indonesia remains largely manual and paper-based, leading to several challenges such as limited storage capacity, vulnerability to physical deterioration, and inefficiency in reporting and supervision processes. These conditions demonstrate the urgent need for reformulating the regulatory framework governing the storage of notarial protocols to align with digital transformation and the demands of modern legal administration. This study aims to comprehensively analyze the existing regulations on notarial protocol storage, evaluate the opportunities and challenges of digital archiving, and propose an appropriate reformulation aligned with Indonesia’s positive legal principles. The research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include the Law on Notary Office (UUJN), the Electronic Information and Transactions Law (UU ITE). Secondary materials consist of literature, academic journals, and related research that support theoretical and practical analysis. The findings reveal that the current regulatory framework under the UUJN remains conventional and does not explicitly accommodate digital storage mechanisms. The digitalization of notarial protocols offers several advantages, such as efficient use of storage space, enhanced accessibility, faster reporting, and transparent supervision by the Notary Supervisory Council. Nevertheless, it also presents challenges, including data breach risks, authenticity verification issues, and unequal digital infrastructure across regions. To address these issues, this study recommends an integrative reformulation of the UUJN, UU ITE. Such reformulation should establish clear technical standards for digital storage, electronic supervision mechanisms, and strong data security through certified electronic signatures and national encryption systems. The implementation of these measures is expected to foster a modern, secure, and accountable notarial archival system that guarantees legal certainty and protection for society in the digital era.
Co-Authors Ahmad Siboy Ahnaf, Muhammad Qatrunnada Badawy, Ahmad Firdan Budiarti, Lilik Eddy Noviana Hidayati, Ummi Huda, Muhammad Nailul Huda, Rizqy Miftahul Isnaeni , Diyan Kulsum, Firda Ummi Kurniawan, Risqi Ma'aly, Moh. Haizul Maulani, Siti Baroya MAYENDRA, ENDRA Moh Muhibbin, Moh Muhammad Aldi, Muhammad Muhibbin, Muh Otang Kurniaman Parmono, Budi Rokhim , Abdul Saiful Munir Sholikah, Ana Suhartono Sunardi Sunardi Sunardi Supentri Utama, Bobby Edwan Ramnissa Zuliatin, Mafadhotul