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All Journal Jurnal Hukum Respublica Unes Law Review Transparansi Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Indonesian Journal of Business Analytics (IJBA) Journal of Legal and Cultural Analytics (JLCA) Journal of Administrative and Sosial Science (JASS) JUDGE: Jurnal Hukum International Journal of Law, Crime and Justice Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi Majelis: Jurnal Hukum Indonesia PALAR : Pakuan Law Review
Besty Habeahan
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Efektivitas Pelaksanaan Tugas Balai Harta Peninggalan dalam Pengurusan Harta Peninggalan Berdasarkan KUHPerdata Jeremia Manalu; Besty Habeahan
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 4 (2025): November: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i4.1221

Abstract

The Heritage Center (BHP) is a government institution under the Ministry of Law and Human Rights of the Republic of Indonesia that has a strategic role in civil law, especially related to the management of heritage property. Rooted in colonial regulations and regulated in the Civil Code, BHP is authorized to represent and protect the legal interests of individuals whose whereabouts are unknown, immature, or legally incompetent. This study aims to analyze the implementation of BHP's duties in managing heritage assets based on the provisions of the Civil Code and identify supporting and inhibiting factors for its implementation. The method used is normative legal research with a legislative approach and literature study. The results of the study show that BHP's position is as a subject of public law that carries out private legal functions. BHP's authority includes the management of unmanaged legacies, acting as a guardian or guardian, and acting as a curator in bankruptcy cases. Despite having a strong legal basis, the effectiveness of the implementation of BHP's duties in the field has not been optimal. The obstacles faced include limited resources, lack of public understanding, and coordination between agencies that has not been maximized. Therefore, systematic improvement efforts are needed through institutional capacity building, legal socialization, and strengthening regulations and cross-sector synergy to support the effective and sustainable implementation of BHP's tasks.
Mekanisme Pelaksanaan Pengurusan Wasiat Tertutup di Balai Harta Peninggalan Widya Yuniati Siregar; Besty Habeahan
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 4 (2025): November : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i4.1209

Abstract

A will is a legal instrument that enables an individual to determine the distribution of their assets after death. One type recognized in the Indonesian Civil Code (KUHPerdata) is the closed will (testament olograph), written or signed confidentially by the testator and submitted to a notary before four witnesses. This form of will emphasizes secrecy and the protection of the testator’s final intentions, requiring a clear legal framework to ensure its validity and lawful execution. Within this framework, the Balai Harta Peninggalan, or Heritage Hall, functions as a state institution responsible for receiving, safeguarding, unsealing, and executing closed wills after the testator’s death. The institution’s role ensures that the process is orderly, transparent, and legally compliant. This study examines the procedural mechanism for administering closed wills by the Balai Harta Peninggalan, covering the stages from unsealing to execution in accordance with statutory provisions. Using a normative juridical method with statutory and conceptual approaches, the research analyzes the Civil Code, implementing regulations, and legal literature. The findings show that the execution of closed wills under Balai Harta Peeninggalan’s authority is well regulated under Indonesian law and plays a key role in ensuring legal certainty and protecting heirs’ rights. However, administrative obstacles and low public awareness remain significant challenges.
Analisis Yuridis Perlindungan Kreditur Konkuren dalam Proses Kepailitan Berdasarkan Undang Undang No. 37 Tahun 2004 Hutagaol, Panri; Besty Habeahan
Judge : Jurnal Hukum Vol. 6 No. 05 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i05.1894

Abstract

Penelitian ini bertujuan menganalisis kedudukan serta perlindungan hukum bagi kreditur konkuren dalam proses kepailitan berdasarkan Undang-Undang No.37 Tahun 2004 tentang kepailitan dan Penundaan Kewajiban Pembayaran Utang. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, literatur dan disertai telaah terhadap doktrin dan putusan pengadilan niaga maupun Mahkamah Agung yang relevan. Hasil penelitian menunjukkan bahwa secara normatif kreditur konkuren dijamin melalui asas paritas creditorium dan asas pari passu pro rata parte yang bersumber dari Pasal 1131 dan 1132 KUHPerdata serta Pasal 189 Undang-Undang No. 37 Tahun 2004; namun, dalam praktik posisi mereka tetap rentan akibat dominannya eksekusi jaminan oleh kreditur separatis dan tingginya prioritas kreditur preferen. Efektivitas perlindungan kreditur konkuren sangat bergantung pada transparansi dan akuntabilitas kurator, pengawasan hakim pengawas, konsistensi penerapan asas kepailitan oleh pengadilan, serta pemanfaatan upaya hukum seperti keberatan, renvoi prosedur, actio pauliana, dan pembatalan perdamaian.
Efektivitas Digitalisasi Pendaftaran Tanah pada Kantor Pertanahan Putri Rani Margareth Sipahutar; Besty Habeahan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2213

Abstract

The development of digital technology has encouraged the government to modernize public services, including in the field of land affairs. Traditionally, land registration has been associated with long, complex procedures that are often prone to abuse of authority. To address these challenges, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has begun implementing a digital-based land registration system. However, its implementation raises an important question: is this digital system truly effective in improving the quality of services at the Land Office, or does it instead create new obstacles? This study aims to analyze the effectiveness of land registration digitalization, particularly in terms of accessibility, efficiency, transparency, and the challenges encountered during its implementation. The research employs an empirical juridical method with qualitative analysis. The juridical approach is used to examine the legal foundations of land registration digitalization, including Law No. 5 of 1960 on Basic Agrarian Principles, Government Regulation No. 24 of 1997 on Land Registration, and the Ministerial Regulation of ATR/BPN No. 1 of 2021 on Electronic Certificates. The empirical approach involves direct observation of service processes at the Land Office and interviews with employees and citizens utilizing digital services. The findings reveal that digitalization of land registration has generally improved the quality of services at the Land Office. Administrative processes have become faster, land data are stored more securely, and service transparency has increased, as the public can monitor the status of their registration online.
Pendaftaran Tanah Atas Tanah Hak Milik sebagai Sarana Kepastian Hukum Menurut Undang-Undang Pokok Agraria Nadya Uli Lumban Tobing; Besty Habeahan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2218

Abstract

Land registration is a crucial mechanism in realizing legal certainty over land rights, particularly land with ownership status (hak milik). The Basic Agrarian Law (Undang-Undang Pokok Agraria/UUPA) Number 5 of 1960 explicitly regulates land registration as an effort to provide legal protection and certainty of rights for landowners. The purpose of this study is to understand the procedures of land registration for ownership rights to ensure legal certainty for landholders, as well as to identify the obstacles encountered in the registration process that hinder the achievement of such certainty. This study employs a normative legal research method by examining primary and secondary legal materials. The research focuses on analyzing regulations related to land registration to provide legal certainty, in accordance with the provisions of the Basic Agrarian Law (UUPA) No. 5 of 1960 and its implementing regulations, such as Government Regulation No. 24 of 1997 concerning Land Registration. The findings of this study indicate that the procedures for land registration both sporadic and systematic (through the Complete Systematic Land Registration Program or PTSL) function to ensure legal certainty and protect ownership rights. However, several challenges arise in its implementation, including low public awareness, land disputes or overlapping ownership claims, limited resources at land offices, and financial and time constraints. Therefore, to achieve the intended objectives, improvements in the administrative system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) are required, along with increased public awareness regarding the importance of land certification.
Perlindungan Hukum terhadap Pemilik Sertifikat Hak Atas Tanah yang Dikuasai oleh Pihak Ketiga Tanpa Hak Simauli Margaretta Panjaitan; Besty Habeahan
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2221

Abstract

A land certificate serves as the strongest form of ownership evidence; however, conflicts over physical possession frequently occur, leading to legal uncertainty. This study examines the legal protection afforded to legitimate owners of land certificates whose land is unlawfully possessed by third parties. The 1945 Constitution of the Republic of Indonesia guarantees and protects the rights of Indonesian citizens, including their rights to acquire, own, and enjoy land ownership. The research employs a normative juridical method by analyzing relevant laws and regulations, such as the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 24 of 1997 concerning Land Registration. The data sources used in this study consist of both primary and secondary materials. The main issues addressed include the form of legal protection available to land certificate holders whose land is unlawfully controlled by third parties, and the legal remedies that may be pursued by the rightful owners to reclaim their rights. The findings indicate that legal protection for land certificate holders can be implemented through both preventive and repressive measures. Preventive protection is achieved through a land registration system that ensures legal certainty, while repressive protection is pursued through dispute resolution mechanisms in court. These mechanisms are expected to safeguard the rights of landowners and ensure the realization of legal certainty in a fair and equitable manner.
TINJAUAN YURIDIS PERANAN ADVOKAT DALAM PENYELESAIAN SENGKETA YANG DITENTUKAN OLEH KLIEN Manullang, Rusmini Luciani; Besty Habeahan
Judge : Jurnal Hukum Vol. 6 No. 06 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i06.2070

Abstract

Dispute resolution in Indonesia has evolved from a traditional, customary-based mechanism to a modern legal system that positions advocates as key actors in the law enforcement process. The issues addressed in this study are analyzing the role of advocates in client-determined dispute resolution and assessing the extent to which advocate assistance can influence the final outcome of a dispute. Using a normative and empirical juridical approach through interviews with practicing advocates, this study found that advocates play a strategic role as legal advisors, legal representatives, protectors of client rights, designers of dispute resolution strategies, and guardians of the ethics and integrity of the legal process. However, advocates cannot guarantee victory in a case because the decision remains in the hands of the judge, arbitrator, or mediator and is heavily influenced by the strength of the available legal evidence and facts. Advocate assistance primarily serves to increase the client's chances of success through appropriate legal strategies, risk management, and effective evidence, rather than guaranteeing results. The findings of this study emphasize the importance of two-way communication, honesty of client information, and advocate professionalism in maintaining the quality of the dispute resolution process. This research contributes to a stronger understanding of the dynamics of the advocate-client relationship and its implications for the effectiveness of the dispute resolution system in Indonesia.
Responsibility of Business Actors to Consumers Harmed by the Use of Skincare Products That Have Their Distribution Licenses Revoked (Case Study Hn-Hetty Nugrahati Skincare Products) Kezia Br Manalu; Roida Nababan; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.50

Abstract

The circulation of dangerous skincare products whose distribution permits have been revoked, as in the case of HN (Hetty Nugrahati) skincare products, poses a serious threat to public health and demands strict legal accountability from business actors. This study aims to analyze the form of business actors' responsibility towards consumers who experience health losses based on Law Number 17 of 2023 concerning Health, and to examine the role of the Food and Drug Monitoring Agency (BPOM) in supervising cosmetic products that violate technical requirements. The research method used is descriptive juridical with a case study approach. Data analysis was conducted qualitatively descriptive juridical by reviewing relevant primary and secondary legal materials. The results of the study indicate that business actors bear absolute responsibility (strict liability) to provide compensation for health damage suffered by consumers due to the use of products that do not meet safety standards. BPOM plays an important role through pre-market and post-market supervision functions, providing public warnings, and revoking distribution permits to ensure legal certainty. However, coordination in the mechanism for providing consumer compensation is still not optimal. It is recommended that BPOM strengthen the inspection system to prevent administrative negligence and that business actors be more proactive in fulfilling consumers' right to compensation. Key Words : Strict Liability, Consumer Protection, Skincare, BPOM, Distribution Permit.
Juridical Analysis of Default Lawsuits in the Implementation of Peace Agreement Letters Due to Alleged Medical Negligence (Case Study of Decision Number 232/pdt. G/2025 PN Medan) Trie Tirta Nadya Marbun; July Esther; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.55

Abstract

This research is motivated by a medical dispute due to alleged negligence (malpractice) that has been settled out of court, but the hospital did not implement the contents of the agreement, thus creating legal uncertainty for the patient. The research problem is focused on the validity of the medical dispute settlement agreement and the judge's legal considerations in deciding the default case in Decision Number 232/Pdt.G/2025/PN Medan, with the aim of analyzing the legal status of the settlement deed and legal protection for the injured party. The research method used is normative legal research with a case and statutory approach. The results of the study indicate that the settlement agreement between the patient and the hospital is valid and binding based on Articles 1320 and 1338 of the Civil Code, which changes the legal relationship into a purely contractual relationship. In his decision, the judge stated that the Defendant was in default because he violated the obligation to pay compensation and medical costs that had been agreed upon, so he was sentenced to pay material compensation of Rp266,000,000. It is recommended for the parties that each peace agreement be confirmed through a court decision (Van Dading) or a notarial deed to guarantee stronger executorial powers, and for the hospital to be highly committed to implementing the agreement in order to protect the patient's rights and the institution's reputation. Key Word : Wanprestasi, Peace Agreement, Medical Dispute, Judge's Consideration
JURIDICAL ANALYSIS OF FORCE MAJEURE CONDITIONS AS A REASON FOR THE FAILURE TO PERFORM THE CONTENTS OF THE AGREEMENT BY THE LESSOR (A STUDY OF DECISION NUMBER 130/Pdt.G/2023/PN.Mdn) Maria Simamora; Roida Nababan; Besty Habeahan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The occurrence of force majeure in an agreement gives rise to legal consequences concerning the performance of the parties’ obligations and potential losses arising from the agreement. In practice, force majeure is often invoked as a defense to avoid liability for breach of contract, including in lease agreements. In Decision Number 130/Pdt.G/2023/PN Mdn, the defendant failed to carry out the agreed renovation of a commercial building and invoked the Covid-19 pandemic as force majeure. This claim raises legal issues regarding whether the elements of force majeure were fulfilled and the limits of the legal liability borne by the invoking party. The aim of the present research is to evaluate the application of force majeure as a defense against contract violations and to look at the judges' legal rationale in reaching their decision. The study is descriptive in nature, applying a normative legal approach with statute and case approaches, and is qualitatively investigated through library research. Since there is no causal connection between the Covid-19 pandemic and the renovation obligation that was due before it happened, the findings show that the pandemic does not meet the requirements of force majeure as outlined in Articles 1244 and 1245 of the Indonesian Civil Code. The defendant’s financial difficulties were categorized as business risks. The decision reaffirms the principles of pacta sunt servanda, good faith, and the burden of proof on the party invoking force majeure. Keywords: Lease Agreement, Breach of Contract, Force Majeure
Co-Authors Agnes Monika Gultom Ekel Tuahta Ginting Elvira Fitriyani Pakpahan Esther, July Feni Rose Purba Haposan Siallagan Herlina Manullang Hutagaol, Panri Idarniman Nduru Ike Oktaviani Haro Munthe Jeremia Manalu Kezia Br Manalu Manullang, Rusmini Luciani Maria Simamora Monica Nadya Uli Lumban Tobing Peter Joshua Lumban Raja Putri Rani Margareth Sipahutar Rico Altito Deanova Sidebang Roida Nababan Simanjuntak, Lamhot Simauli Margaretta Panjaitan Sovia Febrina Tamaulina Simamora Steven Albertrius Tamba Trie Tirta Nadya Marbun Widya Yuniati Siregar Wilda Hilda Riska Laia