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All Journal Interdisciplinary Social Studies AKADEMIK: Jurnal Mahasiswa Humanis Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Custodia: Journal of Legal, Political, and Humanistic Inquiry
Yudha Cahya Kumala
Universitas Jayabaya
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Kepastian Hukum atas Akta Risalah Lelang yang Dibuat Oleh Notaris Selaku Pejabat Lelang Kelas II yang Cacat Hukum Prosedural Sulkifli Sulkifli; Yudha Cahya Kumala; Permata Nauli Daulay
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 2 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i2.2043

Abstract

This study examines the issue of procedural legal defects in auction minutes deeds prepared by notaries acting as Class II Auction Officials, which often lead to legal uncertainty and potential losses for the parties involved. The objective of this research is to analyze preventive measures against such procedural defects and to assess the extent of legal certainty of the resulting deeds. This research employs a normative juridical method based on secondary data, utilizing statutory, case, conceptual, and analytical approaches. The study is grounded in Jan Michiel Otto’s theory of legal certainty and Paul Klemperer’s auction theory. The findings indicate that preventing procedural defects requires a comprehensive four-layer model consisting of regulatory harmonization, professional capacity building of notaries, the implementation of technology-based auction systems, and consistent supervisory mechanisms. Furthermore, the level of legal certainty of auction minutes deeds depends on the severity of the procedural defects, which can be classified into three categories: severe defects rendering the deed null and void, moderate defects making it voidable, and minor defects that do not affect its validity. Regulatory inconsistencies and weak supervision are identified as the main factors contributing to legal uncertainty.
AKIBAT HUKUM PENJUALAN OBJEK LELANG EKSEKUSI HAK TANGGUNGAN DIBAWAH NILAI WAJAR DALAM PERSPEKTIF KEPASTIAN HUKUM Rahim Rahim; Yudha Cahya Kumala; Dedy A. Prasetyo
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2985

Abstract

The execution auction of mortgaged property is intended to ensure legal certainty for creditors, debtors, and auction purchasers. Nevertheless, in practice, auctioned assets are frequently sold below their fair market value, potentially causing losses to debtors and raising legal issues concerning the legal consequences of such sales and the extent of legal certainty afforded to the parties involved. This research examines the legal consequences arising from the sale of auctioned property below its fair market value and assesses the legal certainty governing such transactions. The study is grounded in Jan Michiel Otto’s Theory of Legal Certainty and Soeroso’s Theory of Legal Consequences as the principal analytical frameworks for evaluating the realization of legal certainty, justice, and legal protection. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research. The legal materials were identified, classified, and analyzed by applying methods of legal interpretation and legal construction to formulate comprehensive legal arguments concerning the issues under examination. The findings indicate that the sale of auctioned assets below their fair market value does not, in itself, invalidate the auction, provided that the auction has been conducted in accordance with the applicable legal provisions. Conversely, where the determination of the reserve price or the auction process is carried out in an arbitrary, non-transparent, or otherwise unlawful manner, the aggrieved party is entitled to pursue available legal remedies. These findings are consistent with Jan Michiel Otto's Theory of Legal Certainty, which emphasizes the consistent application of legal norms, and Soeroso's Theory of Legal Consequences, which holds that any violation of legal provisions gives rise to juridical consequences. Accordingly, legal certainty in auction proceedings depends not only on compliance with procedural requirements but also on the establishment of an objective, transparent, and proportionate reserve price to ensure balanced legal protection for all parties involved..
KEPASTIAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK AWAL TERHADAP TUMPANG TINDIH PENERBITAN SERTIFIKAT MELALUI PTSL Sony Hanata Hary; Yurisa Martanti; Yudha Cahya Kumala
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2990

Abstract

Land disputes, particularly those involving the overlapping issuance of land title certificates, remain a problem in land registration in Indonesia. The Complete Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap/PTSL), based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018, aims to provide legal certainty and legal protection. However, in practice, PTSL certificates are still found to overlap with previously issued Certificates of Ownership (Hak Milik), thereby creating legal uncertainty for holders of the original certificates. The research questions in this thesis are: how are disputes over the issuance of overlapping Certificates of Ownership resolved, and how is legal certainty provided to holders of original Certificates of Ownership in relation to the issuance of PTSL certificates? This research employs Rachmadi Usman's theory of dispute resolution and M. Yahya Harahap's theory of legal certainty. The research method used is normative juridical research, namely legal research conducted through a literature study based on primary, secondary, and tertiary legal materials. The research approaches used are the statutory, conceptual, analytical, and case approaches. The collection of legal materials was conducted through the identification and inventory of positive legal regulations, books, journals, and other legal sources. The analysis of legal materials was carried out using grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that disputes over overlapping Certificates of Ownership resulting from PTSL can be resolved through mediation at the Land Office/National Land Agency (BPN) or through litigation before the Administrative Court (PTUN) or the District Court, according to their respective jurisdictions. Based on Rachmadi Usman's theory of dispute resolution, settlement emphasizes Alternative Dispute Resolution (ADR), such as negotiation, mediation, and conciliation, by prioritizing deliberation and agreement. Dispute resolution should be preceded by an examination of the validity of the issuance, including administrative procedures, ownership history, and the conformity of physical and juridical data. Furthermore, according to M. Yahya Harahap's theory of legal certainty, legal certainty requires clarity regarding the status, subject, and object of rights, as well as protection of rights lawfully acquired. The integration of these two theories shows that legal certainty for holders of original Certificates of Ownership is determined not only by the existence of a certificate, but also by the validity of the issuance process and the availability of effective dispute resolution mechanisms. If errors or administrative defects are found in the issuance of certificates through PTSL that prejudice the lawful holder of the right, legal remedies must be available to restore such rights. The researcher recommends that the Land Office/National Land Agency (BPN) improve the accuracy of physical and juridical data verification in the issuance of certificates through PTSL and optimize mediation and legal remedies to provide protection and restoration of rights for lawful holders of original Certificates of Ownership.
Legal Consequences of Making A Deed of Sale and Purchase Agreement for Land and/or Buildings Based on A Debt and Receivable Agreement Made by A Notary Lukman Nulhakim; Yudha Cahya Kumala; Dhoni Martien
Interdisciplinary Social Studies Vol. 5 No. 4 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i4.1203

Abstract

The Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) has emerged as a response to societal needs in land and/or building transactions that cannot yet be executed through a Sale and Purchase Deed (Akta Jual Beli/AJB), based on the principle of freedom of contract. In its preparation, a PPJB must satisfy the validity requirements of an agreement under Article 1320 of the Indonesian Civil Code to ensure that it remains legally valid and binding. Nevertheless, a phenomenon has developed in practice whereby a PPJB deed is used as the basis for securing debts, as reflected in Decision Number 501 K/Pdt/2017, Decision Number 672/PDT/2017/PT.DKI, and Decision Number 52/PDT/2018/PT SMR. This research aims to formulate the legal consequences of executing a deed of agreement for the sale and purchase of land and/or buildings based on a debt and receivable agreement made before a notary. The theories employed in this research are the Theory of Legal Consequences according to Soeroso and the Theory of Legal Certainty according to Jan Michiel Otto. The research method used is normative juridical research (library-based legal research) based on secondary data, utilizing primary, secondary, and tertiary legal materials. The approaches applied include the legislative approach, conceptual approach, case approach, and analytical approach, with legal material collection conducted through the identification and inventory of legal provisions, legal literature, and other relevant legal materials. The analysis was conducted using grammatical legal interpretation and systematic legal interpretation. The research concludes that the legal consequences of executing a PPJB deed as a basis for debt security, which contains elements of prohibited cause and abuse of circumstances resulting in a defect of consent, are that the deed is null and void. Therefore, the PPJB fails to fulfill both the subjective and objective requirements of a valid agreement. Consequently, the PPJB is deemed to have never existed, resulting in the restoration of each party to the condition prior to the agreement. The legal certainty of a PPJB deed based on debt and receivable agreements containing a repurchase right clause lacks binding legal force because its execution involves prohibited causes and motivations contrary to law. When the subjective and objective requirements of an agreement are not fulfilled, the PPJB is null and void from the outset (ab initio).
Perlindungan Hukum terhadap Pembeli Rumah terkait Pengembang yang Dinyatakan Pailit Kezia Albertina Hinonaung; Yudha Cahya Kumala; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 9 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i9.2979

Abstract

This study examines the legal protection afforded to homebuyers when a developer is declared bankrupt. It employs a normative-juridical research method—specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that homebuyers who have fulfilled their obligations whether through down payments or Home Ownership Loan (KPR) installments often fail to receive the promised house or land title certificate due to the developer's bankruptcy. Generally, if the title to the property has not fully transferred, these buyers hold the status of concurrent creditors; consequently, the satisfaction of their claims depends on the proceeds from the liquidation of the bankrupt estate, which are frequently insufficient to cover all creditors' claims.
Akibat Hukum Klausula Eksonerasi dalam Perjanjian Pembiayaan Konsumen dengan Jaminan Fidusia yang Dilegalisasi oleh Notaris Natalia Debora Runtuwene; Yurisa Martanti; Yudha Cahya Kumala
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 9 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, September 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i9.2988

Abstract

This study discusses the legal consequences of exoneration clauses in consumer financing agreements secured by fiduciary guarantees and legalized by a Notary. It employs a normative-juridical research method specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that, in accordance with R. Soeroso’s theory of legal consequences which defines a legal consequence as the result of a legal act intended by the actor and regulated by law such consequences may manifest as the creation, alteration, or termination of a legal state or legal relationship, or the imposition of sanctions for acts contrary to the law. Notarial legalization does not validate an exoneration clause that conflicts with statutory regulations. Furthermore, applying M. Yahya Harahap’s dispute resolution theory, if the inclusion of such an exoneration clause leads to a dispute between the consumer and the financing company, the resolution process must aim to protect the rights and interests of both parties while ensuring an effective and equitable outcome.
Kepastian Hukum Persetujuan Majelis Kehormatan Notaris Wilayah atas Pengambilan Fotokopi Minuta Akta dan Pemanggilan Notaris dalam Hal Prosedur Yang Ditentukan Tidak Dilaksanakan Juarni Narly Putriwana Purba Siboro; Dhoni Martien; Yudha Cahya Kumala
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/twpdde64

Abstract

Article 66 paragraph (1) of the Indonesian Notary Law (UUJN) stipulates that investigators, public prosecutors, or judges may obtain copies of a notarial deed’s minutes and/or summon a Notary only after obtaining approval from the Regional Notary Honorary Council. This study examines the procedure for granting such approval and the legal certainty of an approval letter issued when the prescribed procedure is not followed. Employing normative juridical research, this study applies statutory, conceptual, analytical, and case approaches. Legal materials were collected through literature research and analyzed using systematic and grammatical interpretation, analogy, and legal refinement. The findings demonstrate that the procedures governing the examination of Notaries and the retrieval of copies of notarial deed minutes are regulated under Articles 66 and 66A of the UUJN and Articles 17–31 of Minister of Law and Human Rights Regulation No. 17 of 2021. The procedure encompasses application submission, establishment of an Examination Panel, summons and examination of the Notary, approval or rejection, and issuance of a decision within 30 days. Essential procedural violations may render the decision subject to annulment by the Administrative Court, whereas minor administrative irregularities that do not affect the substance of the examination or the Notary’s rights do not automatically invalidate the decision. Strengthening the UUJN is necessary to ensure legal certainty and prevent abuse of authority.  
Co-Authors Dedy A. Prasetyo Dhoni Martien Iran Sahril Juarni Narly Putriwana Purba Siboro Kezia Albertina Hinonaung Lukman Nulhakim Natalia Debora Runtuwene Permata Nauli Daulay Rahim Rahim Sony Hanata Hary Sulkifli Sulkifli Taqiyuddin Kadir Wahyu Hidayat Saputro Yurisa Martanti