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All Journal JURNAL MAGISTER HUKUM UDAYANA Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat
M. Hamidi Masykur, M. Hamidi
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Other

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Analysis of the Implementation of Article 22 Paragraph (2) of ATR/BPN Ministerial Regulation Number 6 of 2018 on Complete Systematic Land Registration (PTSL): Limitations and Challenges in Recording Proof of Community Land Ownership Taufiq, Fida Nabilah; Masykur, M. Hamidi; Supriyadi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 1 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i1.313

Abstract

The problem of incomplete or non-existent land ownership proof among the community has arisen in one of the villages in Sidoarjo Regency. This is rooted in the registration of land through the Comprehensive Systematic Land Registration (PTSL) program by one of the heirs named "A". After the issuance of the certificate, other heirs raised objections regarding land ownership, leading to an unresolved dispute until now. This situation is not in line with the intended purpose of land registration, given that Indonesia has comprehensive regulations governing land matters, including dispute resolution. The persistent delay in resolving the dispute raises questions about whether there is a regulatory mismatch or implementation issues within the PTSL program. This research adopts a socio-legal research method with a socio-legal sociology approach and legal data collection techniques such as interviews, observations, and document analysis conducted at the Sidoarjo Regency ATR/BPN Office. The population includes employees of the ATR/BPN Office in Sidoarjo Regency, with samples selected purposively from the General and Personnel Substantive Group Coordinator or the PTSL Program committee or appointed officials. The research findings will be analyzed using descriptive legal data analysis. The results indicate that the implementation of the PTSL program aligns with existing regulations, despite encountering some obstacles. The identified challenges include disputes related to data forgery, conflicts among heirs, discrepancies in land measurement processes, and land occupation by individuals other than the direct owners. The ATR/BPN Office in Sidoarjo addresses these challenges by mediating disputes before PTSL registration to reach agreements. In cases where no consensus is reached, the registration process is postponed until a resolution is achieved between the parties. Additionally, in post-PTSL certificate issuance disputes, mediation is employed, and if no agreement is reached, the category may be downgraded from K2 to K1, or legal proceedings may be pursued to determine rightful ownership of the land parcel.
The Nature of the Notary as a Mediator in the Settlement of Disputes Between Parties Aqmadea Eshafia, Shella; Masykur, M. Hamidi; Susilo, Hariyanto
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.340

Abstract

The position of notary as a mediator in its application does not contradict the law against religious norms, decency or suitability that can cause the honor and dignity of the notary position. Apart from that, the authority of a notary to resolve disputes through mediation and act as a mediator is not regulated in the provisions of the UUJN or related regulations, so that in this case there is a legal vacuum (rechtsvacuum) which has an impact on the absence of legal certainty for notaries in carrying out their duties to become mediators and resolve disputes outside the court. Therefore, a clear regulation is needed for notaries to carry out their duties and positions as mediators. The research method that will be used in this research is a type of normative juridical research, according to Ishaq, normative juridical research essentially examines the law conceptualized as norms or rules that apply in society, and become a reference for the behavior of everyone, this type of research is also called library research, theoretical / dogmatic research. Briefly related to the conclusions obtained by the author that although Article 15 and Article 17 of the UUJN do not explicitly prohibit notaries from acting as mediators, many notaries act as mediators based on the agreement of the parties to the dispute. This role provides an opportunity for notaries to be involved in dispute resolution by making a deed of peace that reinforces the results of the mediation
Optimization of Liability for Companies That Do Not Implement Corporate Social Responsibility Jeremy Samuel Pangkey Sondakh; Masykur, M. Hamidi; Widhiawati, Dyah
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i1.457

Abstract

In the context of the global economy, the implementation of Corporate Social Responsibility (CSR) not only serves as a moral responsibility, but has also become a legal obligation in various jurisdictions, including Indonesia. Indonesian regulations show inconsistencies in the use of CSR terms, scope, and enforcement mechanisms, as reflected in Law No. 40/2007 on Limited Liability Companies (UUPT) and Law No. 25/2007 on Capital Investment (UUPM). The UUPT limits CSR obligations to companies engaged in natural resources, while the UUPM requires CSR for all investors, regardless of business sector. This lack of synchronization creates a legal loophole that allows companies outside the natural resources sector to avoid CSR obligations. In addition, the sanction mechanism for companies that do not implement CSR is still weak, so compliance with this regulation tends to be low. This research aims to analyze the optimization of liability for companies that do not implement CSR in Indonesia through a normative juridical approach. The main findings show that legal uncertainty in CSR regulations has an impact on ineffective implementation and is often only symbolic. Some companies still consider CSR as a mere image strategy, with no real impact on society and the environment. Therefore, more stringent regulatory harmonization and more effective law enforcement mechanisms are needed. Policy revisions, strengthening sanction mechanisms, and increased supervision by relevant authorities can improve corporate compliance with Corporate Social Responsibility (CSR).
Application of the Principle of Nationality in the Ownership of Flat Units by Foreigners Yunas, Sarah Safira; Koeswahyono , Imam; Masykur, M. Hamidi; Ikaningtyas
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n1.3

Abstract

The regulation of space ownership, particularly for foreigners owning apartment units in Indonesia, lacks clear substance in Law No. 6 of 2023 (Omnibus Law) and its derivatives. This is due to the principle of Nationality, which is the main principle in acquiring property rights based on the Agrarian Law Policy. Although foreigners’ property ownership rights are limited, this raises conflicts as stated in Article 9 paragraph (1) of the Agrarian Law. This research employs normative juridical method with statute and conceptual approaches to address these issues. The analysis of legal materials and regulations found that the Agrarian Law asserts that foreigners can only obtain the Right to Use land. However, the Agrarian Law lacks dynamism when applied to space ownership rights. Ministry of Land Regulation No. 29 of 2016 offers a solution by limiting foreigners’ ownership of apartment units to the Right to Use Apartment Units (RIGHT TO USE A FLAT UNIT). This process differs from that for Indonesian citizens, which is based on the principle of Nationality. After this regulation was repealed, the Omnibus Law (OMNIBUS LAW) and its derivatives failed to provide concrete legal certainty and overlooked the principle of Nationality. Omnibus Law disregards the principle of Nationality and conflicts with the Agrarian Law and the Apartment Law (UU Rusun) as foundational regulations (lex specialis derogate legi generali).
Kedudukan Akta Perdamaian dalam Penanganan dan Penyelesaian Kasus Pertanahan Mahardhika, Elgha Kusuma; Masykur, M. Hamidi; Supriyadi, Supriyadi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 3 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i03.p03

Abstract

Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the basis for the implementation of legal protection in Indonesia, including in terms of holding land mediation which is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 21 of 2020 concerning Handling and Settlement Land Cases. In this article, the author's aim is to review the provisions of mediation, especially regarding the position of the peace deed in the Ministerial Regulation in terms of the concept of mediation in Indonesia which is regulated in the Civil Code, HIR and supreme court regulations. The first result of the research in this paper is that the Peace Deed, although not explicitly required, needs to be registered with the court in order to obtain a Peace Decision as a requirement for administrative recording at the National Land Agency. Meanwhile, secondly, the technical mediation in the Ministerial Regulation is in line with the concept of mediation which is generally applied referring to the Civil Code, HIR and supreme court regulations
THE AUTHORITY OF NOTARIES IN FILLING LEGAL GAPS IN ISSUING INHERITANCE CERTIFICATES FOR FOREIGN CITIZENS FOLLOWING THE ENACTMENT OF LAW NUMBER 6 OF 2023 CONCERNING THE STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2022 ON JOB CREATION Rahmawati, Ayu; Kusumadara, Afifah; Masykur, M. Hamidi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4699

Abstract

The purpose of this research is to provide an overview of the legal vacuum (rechtsvacuum) in the proof of heirs as legitimate heirs of a deceased foreign national. This research is normative juridical research. It uses a normative juridical approach with two methods: statutory and conceptual. The sources of legal materials consist of primary sources (legislation), secondary sources (academic manuscripts, legal journals, books, articles), and tertiary sources (legal dictionaries, KBBI). The literature study method is used to search for legal sources. The analysis of legal materials is conducted using teleological interpretation and the specialization construction technique (rechtsvervijnings). The research results show that granting Property Rights (Hak Milik) for apartment units (Sarusun) to Foreign Citizens (WNA) in Indonesia is not new and has long been practiced as an effort to attract investment and provide facilities for foreign nationals who contribute to national development. However, there is a legal vacuum regarding the creation of Inheritance Certificates (Surat Keterangan Waris - SKW) for foreign heirs, which is important for proving their status as legitimate heirs and conducting legal transactions related to the inheritance. To address this legal vacuum, it is recommended that the creation of SKW for heirs of foreign nationals should be carried out before a Notary. The main reason for choosing a Notary is because they have the authority to create authentic deeds, have a wide reach throughout Indonesia, and are not limited by religious factors in creating SKW. Additionally, deeds made by a Notary have stronger legal force compared to SKW in letter form. Therefore, this arrangement is expected to provide legal certainty for foreign nationals owning Sarusun in Indonesia and their heirs.
Co-Authors Afifah Kusumadara Aqmadea Eshafia, Shella AYU RAHMAWATI Ikaningtyas Jeremy Samuel Pangkey Sondakh Koeswahyono , Imam Mahardhika, Elgha Kusuma Supriyadi Supriyadi Supriyadi Susilo, Hariyanto Taufiq, Fida Nabilah Widhiawati, Dyah Yunas, Sarah Safira