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All Journal International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Jurnal Hukum dan Sosial Politik International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities International Journal of Law and Society International Journal of Sociology and Law International Journal of Humanities and Social Sciences Reviews International Journal of Social Science and Humanity
Markus Gunawan
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Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation Of Legal Principles Of Agreement Between Policyholders And Insurance Companies Markus Gunawan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 1 (2023): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i1.298

Abstract

The implementation of the legal regulation of the principle of the agreement between the policyholder and the insurance company is law no. 40 of 2014 concerning insurance and the Civil Code, article 1320 on the terms of a legal agreement, commercial law books, article 246, the meaning of insurance, and the provisions of the article in an insurance policy. Limiting factors in submitting claims, namely, failing to fulfill administrative requirements and ignorance of customers with the benefits purchased. The principle of implementing the law of the agreement between the policyholder and the insurance company at PT. Batam branch Sequis Life Life Insurance. With the construction problem: -how is the law determining the implementation of agreements between policyholders and insurance companies with one of the factors hindering filing claims in the PT Asuransi Jiwa Sequis Life Batam branch? Qualification/writing in this type of journal uses normative legal writing and legal research supported by sociological/empirical nonprofits. To analyze the problems in this journal, Jeremy Bentham's theory (theory) of utilitarianism is used, the middle theory (middle theory) by Roscoe Pound law as a social engineering tool, theory and application (Applied theory) by Philip Nonet and Philip Selznick, namely essential law society.
Juridical Analysis Of The Responsibilities Of Notaries In Making Deeds Of Statement Of General Meeting Decisions Shareholders Of Limited Liability Companies Novalina Estetika Sinaga; Laily Wahliati; Markus Gunawan; Erniyanti Erniyanti; Soerya Respationo
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 4 (2024): November : International Journal of Education, Language, Literature, Arts, Cult
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i4.956

Abstract

Notaries must pay attention in detail that the recipient of the power of attorney is indeed a representative of the Limited Liability Company (PT) concerned who is authorized and has the ability to make the deed.9 The form of the PKR is a notarial deed, but the deed is the result of a meeting decision made by the minutes under hand. Based on Article 21 Paragraph (4) of the UUPT which states that it is permissible for a PKR deed to be made by a notary in the form of an authentic deed. If there is a formal defect in the deed, the deed only has the force of evidence like a private deed if the parties sign the deed. In accordance with Article 21 Paragraph (4) of the UUPT. The conclusion is a limited liability company, hereinafter referred to as a company, is a legal entity which is a capital association, established based on an agreement, carrying out business activities with authorized capital which is entirely divided into shares and fulfilling the requirements stipulated in the law and its implementing regulations. This definition is based on the provisions of Article 1 number (1) of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Verification of Authority, Notary must ensure that the limited company meeting is attended by parties authorized to represent the company. This includes checking the validity of the power of attorney or other documents showing the authority of the parties present at the meeting. Parties' Lack of Understanding of Legal Procedures and Obligations.
Juridical Analysis of Government Policies on Ownership of Rights to Flats: (Research Study In Kampung Utama, Batam City) Sisilia Sisilia; Soerya Respationo; Markus Gunawan; Erniyanti Erniyanti
International Journal of Social Science and Humanity Vol. 1 No. 3 (2024): September : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v1i3.62

Abstract

The policy of ownership of the right to the flats is an important aspect in the arrangement of vertical housing in Indonesia, especially in dense urban areas such as Kampung Utama Batam City. The background of this research focuses on the complexity of ownership dualism between individual property rights over units and collective rights to common parts, common objects, and common land. Conflicts of interest and management problems often arise, hindering the optimal implementation of policies. The purpose of this study is to analyze the implementation of government policies on ownership of rights to apartment units in Kampung Utama Batam City, identify existing obstacles, and provide recommendations for improvement. The research method used is a normative juridical approach with case studies. Data was collected through analysis of legal documents, interviews with stakeholders, and field observations. The analysis was carried out using positive legal theory from John Austin to understand the existing legal framework, legal system theory from Lawrence M. Friedman to evaluate the interaction between legal structure, substance, and culture, and legal certainty theory from Sudikno Mertokusumo to assess the clarity and predictability of applicable laws. The results of the study show that although the policy has been well drafted in Law No. 20 of 2011 concerning Flats, its implementation in the field still faces various obstacles. Dualism of ownership, unclear certificate status, complex administrative procedures, and lack of legal socialization are some of the main problems found. Strengthening the role of the Flats Owners and Occupants Association (P3SRS), the use of digital technology for administrative procedures, and increased supervision and law enforcement were identified as solutions to overcome these obstacles. The suggestions provided include increased coordination between related agencies, active community participation in the management of flats, and simplification of administrative procedures by the government. More effective implementation is expected to provide better legal certainty and create a harmonious residential environment in Kampung Utama Batam City.
Juridical Analysis Of Land Allocation In Forest Areas Over BP Batam's Management Rights On Rempang Island Sitti Isramira Pratiwi; Markus Gunawan; M. Soerya Respationo; Erniyanti Erniyanti
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.43

Abstract

The incident of residents on Rempang Island rejecting the development of the Rempang Eco-city Project certainly raises many questions for the general public in viewing this problem. With the publication of Coordinating Ministerial Decree Number 7 of 2023 concerning the Third Amendment to Coordinating Ministerial Decree Number 7 of 2021 concerning Amendments to the List of National Strategic Projects, the public is in the spotlight to find out what processes and laws and regulations regulate each process and stage. To study this in more depth, it is necessary to carry out a Juridical Analysis of the Allocation of land in Forest Areas above BP Batam's Management Rights on Rempang Island to be able to find out the legal arrangements, implementation, obstacles and solutions for allocating land in forest areas above BP Batam's Management Rights on the Island. Eccentric. The research method used is a normative and juridical approach, which focuses on doctrinal legal research and refers to legal norms contained in applicable laws and regulations as a normative basis, so this research emphasizes secondary data sources, both in the form of theories- legal theory and through interviews with sources or parties related to the problems to be researched above. All data obtained is then processed, analyzed and interpreted logically, systematically using deductive methods. The results of research on the allocation of land in forest areas above BP Batam's Management Rights on Rempang Island based on applicable laws and regulations are not justified and BP Batam will not be able to use and utilize all or part of its land either for its own use or in collaboration with other parties because BP Batam's authority as the holder of Management Rights will only arise after the issuance of a Management Rights Certificate from the Batam City National Land Agency Office, it is not permitted to carry out new development and development in forest areas before changes to the designation and function of forest areas are made, and if it is on land that will be granted Rights Management still has land/buildings/plants belonging to the people, so compensation for losses and relocation of residents to new residential areas must be carried out first on the basis of deliberation. The author hopes that from the research that has been carried out, the government can create legal products that create a sense of justice for society and can turn the results of this research into useful knowledge for parties facing similar legal problems.
Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee Natasya Ferena; Erniyanti Erniyanti; Markus Gunawan; Soerya Respationo
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August : International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.50

Abstract

This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the field often encounters various obstacles, especially in Batam City which is a strategic business center. This study uses a qualitative method with a document study approach, in- depth interviews, and field observations to collect data. The subject of this study involves notaries, fiduciary guarantee registration officials, investors, and business actors in Batam. The results of the study show that there are several significant obstacles in the implementation of the use of shares as an object of fiduciary guarantee, which include procedural complexity, variations in notary practices, and limited administrative infrastructure. Despite this, stocks are still a trusted and used instrument because of their liquidity and economic value. Based on these findings, suggestions include expanding education and training for notaries to improve understanding and thoroughness in the fiduciary guarantee administration process. The Batam City Government is advised to update and simplify related regulations to support efficiency and legal certainty. In addition, investments in information technology are needed to modernize the registration and document handling processes, which can increase the transparency and speed of the fiduciary assurance process.
The Role of Notary Position Regulations in Improving the Integrity and Professionalism of Notaries in Indonesia Markus Gunawan; Ali Amran; Erniyanti Erniyanti
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.487

Abstract

This research examines the role of Indonesian Notary Position Regulations (UUJN) in enhancing integrity and professionalism within the notarial profession in Indonesia. The study adopts a normative legal research methodology, integrating both statutory and conceptual approaches to evaluate the effectiveness of existing regulatory frameworks governing notarial practice. Primary objectives include analyzing the impact of current regulations on notarial standards, identifying implementation challenges, and developing recommendations for regulatory enhancement. The research findings demonstrate that while the UUJN serves as a crucial foundation for professional notarial practice, several significant challenges persist in its implementation. These challenges encompass technological adaptation requirements, increasing transaction complexity, and the need for stronger oversight mechanisms. Analysis reveals opportunities for regulatory refinement to address emerging professional demands while maintaining high standards of integrity. This study contributes to the existing body of knowledge by providing comprehensive insights into the relationship between regulatory frameworks and professional excellence in notarial practice. The findings lead to specific recommendations for regulatory enhancement, including strengthening supervisory mechanisms, developing continuous professional development programs, and harmonizing standards with international best practices. These recommendations aim to foster a more robust and adaptable notarial profession in Indonesia while maintaining its fundamental role in ensuring legal certainty and protection for society.
Implementation of Electronic Signatures and E-Notarization within the Indonesian Notarial Legal Framework Markus Gunawan; Erniyanti Erniyanti
International Journal of Sociology and Law Vol. 2 No. 2 (2025): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i2.579

Abstract

This research examines the implementation of electronic signatures and e-notarization within Indonesia's notarial legal framework, analyzing the tensions between technological innovation and traditional notarial principles. Indonesia has established basic legal recognition for electronic signatures through Law No. 11/2008 on Electronic Information and Transactions (as amended by Law No. 19/2016) and conceptually acknowledged cyber notary in the explanation of Article 15(3) of Law No. 2/2014 on Notary Positions which mentions "the authority to certify transactions conducted electronically". However, significant regulatory and practical challenges persist due to contradictions between digital concepts and traditional notarial requirements such as physical presence during the notarial process. The research reveals Indonesia lags behind many jurisdictions with similar civil law traditions in e-notarization implementation where the integration of digital elements into notarial systems has enhanced efficiency while maintaining security standards. This study proposes a balanced implementation approach that preserves essential notarial functions of authentication and legal certainty while leveraging technology to enhance accessibility and efficiency, requiring legislative reforms, technical standardization, institutional development, and professional training to create a comprehensive e-notarization framework suited to Indonesia's legal context.
LEGAL ANALYSIS OF LATE MARRIAGE REGISTRATION APPROVAL AT TANJUNGPINANG DISTRICT COURT (Case Study of Decision 24/Pdt.P/2023/PN Tpg) Irma Prawita Saragih; Lily Washliati; Markus Gunawan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 9 (2025): AUGUST
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i9.1141

Abstract

Marriage is a legal act that has legal consequences for both husband and wife and for the status of children. Marriage registration, as regulated in Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019 and Law Number 23 of 2006 concerning Population Administration in conjunction with Law Number 24 of 2013, is crucial to ensure legal certainty and protection. However, in practice, some marriages are not promptly registered, leading to legal issues, one of which is the case of late marriage registration validation, as decided in Decision Number 24/Pdt.P/2023/PN Tpg at the Tanjungpinang District Court. The purpose of this study is to determine and analyze the judge's legal considerations in granting requests for late marriage registration validation, examine the legal consequences of these decisions on marital status and the status of children, and identify obstacles and solutions to implementing late marriage registration validation. This study employed a normative-empirical legal research method with statutory, case-based, conceptual, and sociological-empirical approaches. Data were obtained from legislation, doctrine, court decisions, and interviews, then analyzed qualitatively to assess the consistency of the application of legal norms in judicial practice. The results show that the Panel of Judges, in Decision Number 24/Pdt.P/2023/PN Tpg, granted the applicant's petition, considering the fulfillment of formal and material requirements according to civil procedural law, and for the sake of legal certainty. The decision affirmed that a valid marriage according to religion can still obtain formal legality through late registration with court permission. In conclusion, the validation of late marriage registration provides legal protection for the legal status of husband, wife, and children. The author recommends that the public be more disciplined in registering marriages from the outset, and that the government improve public awareness and marriage administration services to prevent similar cases in the future.
LEGAL ANALYSIS OF THE CONSEQUENCES OF CANCELLATION OF LAND SALES DUE TO LEGAL DEFECTS FROM THE PERSPECTIVE OF PROTECTION OF THE RIGHTS OF THE PARTIES (RESEARCH STUDY AT THE NATIONAL LAND AGENCY OF BATAM CITY) Farhan Juliando Jaswat; Erniyanti; Markus Gunawan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 9 (2025): AUGUST
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i9.1143

Abstract

Land sale and purchase transactions are a form of agreement that plays an important role in the Indonesian agrarian legal system and requires legal certainty and protection for the parties involved. However, in practice, there are still many cases of land sale and purchase cancellations due to legal defects, such as document forgery, overlapping ownership, legal subject invalidity, or procedural violations. These legal defects not only harm the buyer and seller, but also give rise to liability for the notary as the maker of the authentic deed. This study aims to analyze the legal regulations, implementation, obstacles, and solutions related to the cancellation of land sales due to legal defects from the perspective of protecting the rights of the parties in notarial deeds. This study uses a normative juridical and empirical juridical approach. Data was obtained through a literature study of laws and regulations as well as field studies through interviews with notaries, land officials, and parties who had been involved in the cancellation of land sales in Batam City. The research was analyzed using positive law theory (John Austin), legal system theory (Lawrence M. Friedman), and legal certainty theory (Sudikno Mertokusumo). The results of the study show that although legal regulations are available in theory, the implementation of legal protection for the parties still faces serious challenges, especially in terms of the verification of document validity by notaries, the weak land administration system, and the lack of inter-agency integration. It is recommended that the government strengthen the digitization and supervision systems for notarial and land practices, as well as improve the legal literacy of the community in conducting land transactions so that legal protection can be guaranteed in a fair and proportional manner.
Co-Authors Ali Amran Erniyanti Erniyanti Farhan Juliando Jaswat Irma Prawita Saragih Laily Wahliati Lily Washliati M. Soerya Respationo Natasya Ferena Novalina Estetika Sinaga Sisilia Sisilia Sitti Isramira Pratiwi Soerya Respationo