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Markus Gunawan

Batam University, Batam, Kepulauan Riau, Indonesia

Author-ID : 7354403

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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

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.

Juridical Analysis Of The Binding Strength Of A Power Of Power To Charge Lien Rights In The Payable And Receivable Agreement Irman Pasaribu; Soerya Respationo; Erniyanti Erniyanti; Markus Gunawan
International Journal of Social Welfare and Family Law Vol. 1 No. 3 (2024): July : International Journal of Social Welfare and Family Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsw.v1i3.41

The research entitled Juridical Analysis of the Sale and Purchase of Plots of Land That Have Not Been Certified in Kampung Tengah Nongsa, Batam City, the problem is How is the Legal Regulation of the Sale and Purchase of Land Plots that have not been certified, How is the Implementation of the Sale and Purchase of Plots of Land that have not been certified and What are the factors that become obstacles to the practice of buying and selling land plots that have not been certified in Kampung Tengah Nongsa, Batam City. This research method uses empirical legal research methods using qualitative techniques and the approach used in this research is a statutory approach and a conceptual approach. To obtain primary data, this was done by means of in-depth interviews (depth interviews). From the research results, it is known that the legal regulations governing the practice of buying and selling land that has not been certified are contained in the Civil Code in articles 1457 and 1458. Apart from that, there are also regulations for buying and selling land according to Customary Law, Government Regulation Number 24 of 1997 concerning Registration Land, Land Management Rights by the Batam Authority as regulated in Presidential Decree Number 41 of 1973 concerning the Batam Island Industrial Area and Arrangements for Transfer of Land Rights and Permits for Transfer of Land Rights as regulated in the Regulation of the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning Implementation of Land Allocation. The factor that is an obstacle in the practice of buying and selling plots of land that have not been certified in Kampung Tengah Nongsa, Batam City is that the community believes that the Plot Certificate and Land Sale and Purchase Agreement in the form of a Grant Letter are proof of legal ownership and are guaranteed by law, so that sometim

Juridical analysis of abandoned shares in the process of changing the status of a public company to a private company Herry Wahyu Andradjadi; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3420

Purpose: This study aims to analyze the legal framework, practical implementation, challenges, and possible solutions related to stranded shares in the process of converting a public limited liability company (PT) into a private PT (go private). Methodology: A normative juridical approach was applied by examining relevant legal instruments, including the Company Law, Capital Market Law, and OJK regulations. An empirical juridical approach was also employed through interviews with notaries, OJK officials, capital market practitioners, and case studies of issuers facing obstacles due to stranded shares. Results: The findings indicate that the absence of specific regulations regarding the classification and settlement of stranded shares significantly hampers the achievement of the General Meeting of Shareholders (GMS) quorum and obstructs the effectiveness of tender offers. Consequently, this condition delays the going private process and causes harm to active shareholders. Conclusion: Legal uncertainty resulting from unregulated stranded shares undermines corporate restructuring in the capital market. A comprehensive regulatory revision and enforcement mechanism are needed to address the issue effectively. Limitation: This research focuses on stranded shares in Indonesia’s capital market and does not provide comparative perspectives from other jurisdictions, which may offer alternative mechanisms. Contribution: This study enriches academic discourse and provides policy recommendations by highlighting the need for regulatory reform, the establishment of judicial remedies to exclude inactive shares, and investor education. It contributes to strengthening legal certainty and stakeholder protection in corporate governance.

Juridical analysis of legal protection for creditors on the validity of the Power of Attorney to Encumber Mortgage (SKMHT) executed before a notary from the perspective of security law Metta Tjia; Markus Gunawan; Irpan Husein Lubis
Annals of Justice and Humanity Vol. 4 No. 2 (2025): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v4i2.3421

Purpose: This study analyzes the legal protection of creditors regarding the validity of the Power of Attorney to Encumber Mortgage Rights (Surat Kuasa Membebankan Hak Tanggungan/SKMHT) made before a Notary. It specifically examines differences in SKMHT formats between Notaries and Land Deed Officials (PPAT) and their implications for creditor protection and integration with land registration systems. Methodology: A descriptive juridical-sociological approach was employed, combining normative legal analysis with empirical research. Data collection involved statutory and literature reviews as well as field research, including interviews with notaries, PPATs, and land office officials. Results: The study reveals that creditor protection in Indonesia remains fragmented under several legal instruments such as the Civil Code, Mortgage Law, Banking Law, and Notary Law. Land offices generally require SKMHTs to comply with formats issued by the Head of the National Land Agency for integration with the electronic mortgage system (HT-el), creating challenges for SKMHTs drafted by Notaries. Conclusion: The research concludes that harmonization between the Notary Law and agrarian laws is essential to ensure uniform recognition of SKMHTs across institutions, thereby strengthening legal certainty for creditors and improving the effectiveness of the electronic mortgage registration system. Limitation: The study is limited to SKMHT implementation in Indonesia and does not include a comparative assessment with other jurisdictions. Contribution: This research contributes by identifying regulatory gaps and offering harmonization measures to reinforce creditor protection, improve procedural uniformity, and support the effective operation of the electronic mortgage registration framework.

STRENGTHENING ELECTORAL INTEGRITY IN THE CONTEXT OF SPECIAL ECONOMIC ZONES: A LEGAL STUDY ON REGIONAL HEAD ELECTION GOVERNANCE IN BATAM CITY Erniyanti; Markus Gunawan; M. Tartib; Etty Sri Wahyuni
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21215500

This study examines the legal framework governing electoral integrity in regional head elections (Pilkada) in Batam City, a unique administrative region with dual status as both a Free Trade Zone (FTZ) and Special Economic Zone (SEZ). The research addresses the intersection of electoral law, decentralization policies, and special economic governance that creates distinctive challenges for democratic processes. Using normative legal research methodology with statutory, conceptual, and comparative approaches, this study analyzes how the overlapping regulatory frameworks between Law Number 7 of 2017 on General Elections, Law Number 10 of 2016 on Regional Elections, and Government Regulation Number 4 of 2025 on Batam FTZ affect electoral governance and integrity. The findings reveal that Batam faces unique electoral challenges stemming from its heterogeneous population composition, high labor mobility, complex institutional arrangements between Batam Concession Agency (BP Batam) and Batam City Government, and susceptibility to money politics due to economic disparities. This research proposes a legal framework for strengthening electoral integrity through enhanced voter registration mechanisms, improved election supervision coordination, and integrated governance between electoral management bodies and special zone authorities. The study contributes to the scholarly discourse on electoral democracy in special jurisdictions and offers policy recommendations for harmonizing economic zone governance with democratic electoral principles.

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 : International Forum of Researchers and Lecturers

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

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 Option Agreements in Apartment Ownership by Foreign Nationals Meily Ferawati; Irpan Husein Lubis; Erniyanti Erniyanti; Markus Gunawan
Annals of Justice and Humanity Vol. 5 No. 2 (2026): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v5i2.3435

Purpose: This study examines the legal protection of option agreements used by foreign nationals (FNs) to acquire apartment ownership in Batam City. It evaluates the regulatory framework, practical implementation, challenges, and the extent to which such agreements provide legal certainty for both developers and FNs. Methodology: A normative juridical approach was combined with a socio-legal method. Secondary data were obtained from legislation, legal literature, and jurisprudence, while primary data were gathered through interviews with notaries, government officials, developers, and foreign buyers in Batam. Results: The findings reveal that option agreements, though widely applied, lack explicit regulation in Indonesian law. Their legal force relies on the contractual freedom principle under the Civil Code, making them valid but weak in providing ownership rights. In practice, they are often used as alternatives to bypass restrictions on foreign ownership, but this creates potential legal uncertainty, especially in cases of default, regulatory changes, or disputes. Conclusion: Option agreements serve only as contractual instruments and fail to provide comprehensive legal protection or full ownership rights for FNs under Indonesian agrarian law. Clearer statutory provisions are required to enhance certainty and prevent abuse. Limitations: The research is limited to Batam City and does not fully capture variations across other regions. Data on disputes and enforcement are also limited. Contribution: This study identifies regulatory gaps in option agreements and emphasizes the need for government intervention through clearer policies, offering recommendations for policymakers, land agencies, and notaries to enhance investor protection, legal certainty, and national sovereignty.

The Legality of Land Clearance and Relocation for the Rempang Eco City National Strategic Project in Light of Law Number 2 of 2012 on Land Acquisition Markus Gunawan; Erniyanti; Fadlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.379

The Rempang Eco City National Strategic Project (PSN) in Batam triggered an agrarian conflict when the authorities attempted to clear and relocate residents of sixteen Malay traditional villages (Kampung Tua). The land clearance was framed as a relocation based on the Management Rights (HPL) of BP Batam rather than as land acquisition under Law Number 2 of 2012, raising the question of its legal validity. This study addresses two questions: (1) is the land clearance for the Rempang Eco City project legally valid under Law Number 2 of 2012; and (2) what legal protection is available for the affected communities. The research employs a normative juridical method with statutory, case, and conceptual approaches, using primary legal materials (legislation and official findings) and secondary materials (journals and books), analysed prescriptively and qualitatively. The findings show three legality defects. First, the project is predominantly investment, industrial, and commercial in character and is developed by a private entity (PT Makmur Elok Graha), so it does not squarely fall within the limitative "public interest" categories of Article 10 of Law Number 2 of 2012, and the statutory acquisition procedure was bypassed. Second, the relocation rested on an HPL that had not been certified because the land was not clean and clear; hence, according to the Ombudsman, the relocation lacked legal force. Third, the "compensation" (santunan) under Presidential Regulation Number 78 of 2023 is not the fair and just compensation (ganti kerugian yang layak dan adil) mandated by the statute, and no independent appraisal or deliberation stage was carried out. The study contributes a normative framework distinguishing HPL-based relocation from statutory land acquisition and recommends realigning PSN implementation in special zones with the fair-compensation regime.

Co-Authors Ali Amran Erniyanti Erniyanti Etty Sri Wahyuni Fadlan Fadlan Farhan Juliando Jaswat H M Soerya Respationo H.M. Soerya Respationo Herry Wahyu Andradjadi Irma Prawita Saragih Irman Pasaribu Irpan Husein Lubis Jose Natanael Kusnadi Putra Laily Wahliati Lily Washliati M. Soerya Respationo M. Tartib Meily Ferawati Metta Tjia Natasya Ferena Novalina Estetika Sinaga Sisilia Sisilia Sitti Isramira Pratiwi

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