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All Journal Jurnal Indonesia Sosial Teknologi Jurnal Hukum dan Sosial Politik
Robby Awaluddin Jamil
Universitas Mulawarman Samarinda, Indonesia
Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Transfer of Land Ownership through a Binding Agreement of Sale and Purchase under the Hand (Comparative Study Reviewed in the Perspective of Civil Law and Islamic Law) Robby Awaluddin Jamil; Emilda Kuspraningrum; Amsari Damanik
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1168

Abstract

This study aims to analyze the legal strength of the binding sale and purchase agreement under the hand and analyze the legal protection for the buyer if the seller commits a Default on the binding sale and purchase agreement. This research is a doctrinal research. In practice, in the implementation of the Sale and Purchase Agreement, there are still many development actors who do not make the Sale and Purchase Agreement in front of a notary in the form of an authentic deed, but make it in the form of a deed under hand. A Sale and Purchase Agreement made with an authentic deed and a deed under hand has a fundamental difference in terms of its evidentiary strength. The Sale and Purchase Binding Agreement in its implementation in the community cannot always run smoothly, sometimes some factors limit the engagement in continuing or until it becomes invalid, The case can be known that PPJB can be asked for compensation if it is not by the agreement of the parties in the agreement, which in this case the seller commits a breach of performance, while the buyer, in this case, is in good faith by fulfilling what has been As stated in the PPJB, the Agreement can be cancelled if it is not by the subjective conditions or the objective requirements of the agreement as stipulated in article 1320 of the Civil Code.
Reformasi Hukum Keluarga dan Perlindungan Hak Konstitusional dalam Putusan Mahkamah Konstitusi Indonesia Robby Awaluddin Jamil
Jurnal Hukum dan Sosial Politik Vol. 4 No. 1 (2026): Februari : Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i1.6040

Abstract

The reform of family law in Indonesia represents an essential response to social developments and the growing demand for constitutional protection of citizens’ rights. Family law, primarily governed by Law Number 1 of 1974 on Marriage, has long been criticized for not fully reflecting substantive justice, particularly for vulnerable groups such as children born outside marriage, persons with mental disabilities, and couples facing complex marital relations. In this context, the Constitutional Court of Indonesia (Mahkamah Konstitusi) plays a crucial role as the guardian of the Constitution by promoting progressive reforms through its landmark decisions. This study examines the implications of five significant Constitutional Court rulings: Decision No. 46/PUU-VIII/2010 concerning the legal recognition of children born out of wedlock; Decision No. 93/PUU-XX/2022 addressing guardianship and the rights of persons with mental disabilities; Decision No. 69/PUU-XIII/2015 allowing post-nuptial agreements; and Decisions No. 68/PUU-XII/2014 and No. 24/PUU-XX/2022 regarding interfaith marriage. These rulings demonstrate a paradigm shift from a rigid legalistic approach toward a constitutional framework grounded in human rights, equality, and substantive justice. Furthermore, notaries hold a strategic position as public officials authorized to draft authentic deeds, serving as a bridge between constitutional values and legal practice. Notaries are not merely administrative actors but are responsible for ensuring that legal documents align with positive law and provide legal certainty and protection for individuals. Therefore, the reform of Indonesian family law should not remain solely at the normative level of Constitutional Court rulings but must be effectively implemented in daily legal practice.
Co-Authors Amsari Damanik Emilda Kuspraningrum