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Markus Gunawan

Batam University, Batam, Kepulauan Riau, Indonesia

Author-ID : 7354403

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Nursing Public Health Social Sciences Other

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LEGAL PROBLEMS IN THE DRAWING UP OF SALE AND PURCHASE DEEDS OVER LAND STILL HELD AS UNDIVIDED INHERITANCE Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

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A substantial proportion of certified land in Indonesia remains registered in the name of a deceased rights holder. When the heirs decide to sell before the estate has been partitioned, the Land Deed Official (Pejabat Pembuat Akta Tanah, PPAT) is confronted with a transaction that is economically ordinary but legally precarious. This article examines the legal position of a sale and purchase deed (Akta Jual Beli, AJB) executed over land that is still held as undivided inheritance, and the specific problems that arise in PPAT practice. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds, first, that before partition the heirs hold an undivided collective right, so that an individual heir may in principle dispose of his own abstract share but never of the parcel itself; a deed purporting to transfer the whole object without the participation of all heirs breaches the nemo plus iuris principle and Article 1471 of the Civil Code, and fails the material requirement of the seller's authority to act. Second, it finds that the procedural route prescribed by Article 42 of Government Regulation No. 24 of 1997 and Article 111 of Ministerial Regulation No. 3 of 1997 as amended by Regulation No. 16 of 2021 registration of the inheritance transfer prior to any sale is frequently circumvented, principally to avoid the double tax burden of successive transfers. Third, it identifies eight recurring problem clusters in practice, ranging from concealed heirs and minor heirs to the failure to separate marital property from the estate. The article argues that the PPAT's duty is preventive rather than merely formal, and proposes a verification protocol, harmonisation of the inconsistent paragraphs of Article 111, integration of civil registration data with the land registration system, and fiscal incentives to eliminate dormant estates.

CRIMINAL LIABILITY FOR MISUSE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY (ARTIFICIAL INTELLIGENCE/AI) IN THE PERSPECTIVE OF THE NATIONAL CRIMINAL CODE Agus Siagian; Erniyanti; Irpan Husein; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The development of Artificial Intelligence (AI) technology has provided significant benefits across various sectors; however, it has also led to various forms of misuse, including deepfakes, digital fraud, data manipulation, and cybercrime. The regulation of criminal liability for AI misuse in Indonesia is currently based on the Indonesian Criminal Code (KUHP), Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as other relevant laws and regulations. Its implementation still faces several challenges, including the absence of specific legal provisions, difficulties in digital evidence, and the determination of the responsible legal subject. Therefore, strengthening legal regulations and developing adaptive criminal law policies are essential. This study aims to analyze the legal framework, implementation, challenges, and solutions concerning criminal liability for the misuse of Artificial Intelligence from the perspective of the Indonesian Criminal Code. This study employs the theories of Criminal Liability, Legal Certainty, and Law Enforcement as the analytical framework. The conceptual framework encompasses criminal liability, the misuse of Artificial Intelligence, and the Indonesian Criminal Code. This research applies a normative legal research method using statutory, conceptual, and case approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The findings indicate that the current legal framework governing criminal liability for AI misuse has not yet provided adequate legal certainty, resulting in challenges related to evidence and the determination of responsible parties. The novelty of this research lies in the development of a criminal liability concept that integrates the principles of fault, accountability of AI developers, providers, and users as part of the reform of Indonesia’s national criminal law. This study concludes that the regulation of criminal liability for the misuse of Artificial Intelligence should be strengthened to accommodate technological advancements while ensuring legal certainty. It recommends the enactment of specific AI regulations, harmonization with the Indonesian Criminal Code, and the enhancement of law enforcement capacity in addressing AI-related crimes.

OPTIMIZING CRIMINAL IMMIGRATION LAW ENFORCEMENT AGAINST INDONESIAN CITIZENS PROVIDING FALSE INFORMATION DURING INTERNATIONAL DEPARTURE PROCEDURES: A STUDY AT BATAM PORT Irpan Husein; Erniyanti; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The departure of Indonesian citizens (WNI) abroad through Batam Port must comply with immigration regulations, including the obligation to provide truthful information during the immigration inspection process. Law Number 6 of 2011 concerning Immigration, as amended several times, most recently by Law Number 63 of 2024, as well as Law Number 1 of 2023 concerning the Criminal Code and implementing regulations in the field of immigration, constitutes the legal framework for this research. Providing false information during the departure process may hinder the implementation of immigration supervision and, if the elements of a criminal offense are fulfilled, may result in criminal liability. This research aims to analyze the legal regulation, implementation, obstacles, and solutions related to criminal immigration law enforcement. This research analyzes several legal theories based on the views of legal scholars. It employs an empirical legal research method using statutory, conceptual, and sociological approaches. Data were obtained through literature studies and field research concerning the implementation of immigration inspection and supervision. The data were analyzed qualitatively to determine the conformity between statutory provisions and the practice of law enforcement at Batam Port. The results show that law enforcement against Indonesian citizens who provide false information is based on immigration and criminal law provisions, subject to the fulfillment of the elements of a criminal offense. The implementation of law enforcement at Batam Port is conducted through the examination of travel documents, identity, purpose of departure, and clarification of inconsistent information. The obstacles identified include difficulties in proving the element of intent, limitations and suboptimal integration of data, differences in understanding in determining the legal qualification of the conduct, and inadequate coordination among relevant agencies. This research concludes that criminal immigration law enforcement has a legal basis; however, its implementation still requires optimization in the aspects of inspection, evidence, data integration, and inter-agency coordination. Law enforcement must be conducted based on the fulfillment of the elements of a criminal offense while maintaining a distinction between administrative violations and criminal offenses. Optimization is necessary to achieve effective and proportionate law enforcement, provide legal certainty, and strengthen the function of immigration supervision in the process of Indonesian citizens leaving abroad.

RECONSTRUCTION OF THE AUTHORITY OF THE REGIONAL SUPERVISORY COUNCIL IN ENFORCING THE LAW ON VIOLATIONS OF THE NOTARIAL OFFICE TO ENSURE LEGAL CERTAINTY AND ENHANCE NOTARIAL PROFESSIONALISM ( A STUDY IN BATAM CITY ) Erniyanti; Putri Andini; Markus Gunawan; Agus Siagian; Irpan Husein
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22121691

This research is motivated by the suboptimal authority of the Regional Supervisory Council (Regional Supervisory Council/MPD) in enforcing the law against violations of the notarial office, which affects legal certainty and the professionalism of notaries. The legal framework governing notarial supervision is regulated under Law Number 2 of 2014 concerning the Amendment to Law Number 30 of 2004 on the Office of Notary and Regulation of the Ministry of Law and Human Rights Number 15 of 2020 concerning Procedures for Examination by the Notary Supervisory Council. In practice, the MPD still faces limitations in authority, institutional coordination, and supervisory effectiveness. This study aims to analyze the legal framework, implementation, obstacles, and reconstruction of the MPD's authority in law enforcement against violations of the notarial office in Batam City.This research employs the theories of the rule of law, authority, legal certainty, and law enforcement. It uses an empirical legal research method with statutory, conceptual, and sociological approaches. Data were collected through library research and interviews and were analyzed qualitatively. The findings indicate that the existing legal framework governing the MPD's authority has not fully supported effective law enforcement. Although supervision in Batam City has been implemented, it remains constrained by limited authority, weak institutional coordination, and ineffective follow-up on examination results. The reconstruction of the MPD's authority is therefore necessary through regulatory reform, stronger institutional coordination, capacity building for supervisors, and the utilization of technology in the supervisory system. The study concludes that reconstructing the MPD's authority is essential to strengthen law enforcement against violations of the notarial office, thus enhancing legal certainty and notarial professionalism. It is recommended that the government improve the existing regulatory framework and strengthen institutional and supervisory mechanisms to enhance the effectiveness of the MPD's functions.

CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS Erniyanti; Irpan Husein; Soerya Respationo; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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The geopolitical position of the Riau Islands Province along major international shipping routes makes its territorial waters vulnerable to being exploited as a major corridor for Maritime Transnational Organized Crime (MTOC) involving illicit narcotics trafficking. This study aims to analyze the legal qualifications and formulation of the criminalization of MTOC-based cross-border narcotics trafficking under Indonesian criminal law, as well as to evaluate the effectiveness and obstacles of criminal law enforcement and maritime interdiction in the waters of the Riau Islands. This research employs a combined normative-empirical legal research method (doctrinal-empirical legal research) using statutory, conceptual, and case approaches. Secondary data, consisting of legislation and court decisions, are complemented by primary data obtained through in-depth interviews with the National Narcotics Agency of the Riau Islands Province (BNNP Riau Islands), the Water and Air Police Directorate (Polairud), the Indonesian Navy, the Directorate General of Customs and Excise, and legal academics. The findings indicate that, substantively, Law Number 35 of 2009 on Narcotics and the New Criminal Code under Law Number 1 of 2023 have accommodated the extension of extraterritorial jurisdiction and corporate criminal liability. However, law enforcement at sea remains constrained by criminal procedural law that is predominantly land-centric. Operational obstacles include the lack of clarity in maritime criminal procedures, particularly concerning the chain of custody and digital evidence; inter-agency jurisdictional friction and overlapping authorities; limited maritime surveillance and radar technology; and the socio-economic vulnerability of local fishermen who may be exploited as coastal couriers. This study recommends the formulation of a specific maritime criminal procedural framework (lex specialis), the establishment of a single agency command mechanism, modernization of maritime surveillance technology, and the strengthening of economic empowerment programs for coastal communities.

JURIDICAL ANALYSIS OF THE VALIDITY OF DEEDS READ WITHOUT THE PRESENCE OF A NOTARY IN NOTARIAL PRACTICE IN BATAM CITY Giofanny Marchellino Fransiscus Tulung; Erniyanti; Soerya Respationo; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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A notarial deed is an authentic deed that possesses full evidentiary power and serves to provide legal certainty for parties in a variety of civil legal relationships. The authenticity of a notarial deed is determined not only by the authority of the notary as a public official, but also by the fulfillment of formal and material requirements as regulated in the Civil Code and the Law on the Office of Notary. In notarial practice, indications still arise of deed readings conducted without the presence of the notary or delegated to notary office staff. Such conditions have the potential to give rise to issues concerning the validity of the deed, its evidentiary strength, and the legal responsibility of the notary. This study aims to analyze the legal provisions regarding the validity of deeds read aloud without the presence of a notary, examine their impact on notarial practice in Batam City, and identify the legal risks arising for the deed, the parties involved, and the notary. This study employs a normative-empirical legal research method with statutory, conceptual, and empirical approaches. Data were obtained through literature review, document study, and interviews with notaries, the Notary Supervisory Council, and relevant parties in Batam City. The data obtained were analyzed using qualitative juridical analysis. The research results show that the obligation of the notary to read out the deed directly in the presence of the appearing parties is a formal requirement that must be fulfilled in the creation of an authentic deed. Reading the deed without the notary’s presence may cause the deed to lose its authenticity, weaken its evidentiary strength, and create legal uncertainty for the parties. In addition, such practice poses risks of civil, administrative, ethical, and even criminal liability for the notary if it is proven to cause loss or is done intentionally. Therefore, enhanced supervision, notary compliance with the provisions of the Notary Position Law, and legal education for the public are needed to ensure legal certainty and safeguard the integrity of the notarial profession.

JURIDICAL ANALYSIS OF THE POSITION OF THE DEED OF ESTABLISHMENT OF A LIMITED LIABILITY COMPANY IN RELATION TO THE LEGALITY OF LEGAL ACTIONS OF A SHIPPING COMPANY (CASE STUDY OF PT BIAS DELTA PRATAMA) Hetti Sitorus; Erniyanti; Titik Aminah; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The deed of establishment of a limited liability company is an authentic instrument recording the founders’ agreement and the articles of association, while legal-entity status arises upon ministerial approval. In the company’s subsequent development, the deed of establishment must be read together with amendments to the articles of association and deeds recording changes in company data. For PT Bias Delta Pratama, the empirical documents examined include the history of Deed of Establishment Number 183 dated 26 September 1992 and Deed Number 55 dated 28 February 2018, which records the minutes of an Extraordinary General Meeting of Shareholders and is therefore a subsequent corporate deed. This study analyzes the position of that documentary chain in determining the authority of the company’s organs and the binding effect of legal acts performed in the company’s name. This study employs a normative-empirical legal research method using the statute approach, conceptual approach, and empirical approach. The research data consists of primary data obtained through interviews with respondents and informants, as well as secondary data obtained through a literature study of legislation, books, journals, and relevant legal documents. The data are analyzed qualitatively through the processes of reduction, presentation, and conclusion drawing. The results show that the deed of establishment is the documentary basis for forming the company, whereas legal-entity status arises through ministerial approval. After incorporation, representative authority is determined by company law, the articles of association and their amendments, shareholders’ resolutions appointing directors, the recording of changes in company data, and valid powers of attorney. Deed Number 55 of 2018 is not the deed of establishment; it is a deed recording an Extraordinary General Meeting of Shareholders and is used to trace post-incorporation corporate decisions and data. At PT Bias Delta Pratama, internal operational titles do not automatically confer authority to represent the company. Accordingly, amendments to the articles or updates to company data must be made according to the legal nature of each change.

LEGAL ANALYSIS OF OWNERSHIP OF A PLACE OF RESIDENCE BY FOREIGNERS DOMICILED IN INDONESIA, ON LAND WITH MANAGEMENT RIGHTS (HPL) CASE STUDY OF BATAM BUSINESS ENTITIES Rinda Kharisa; Erniyanti; Soerya Respationo; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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This study examines the legal framework, implementation, obstacles, and solutions concerning residential ownership by foreigners domiciled in Indonesia on land under the Management Right (Hak Management/HPL) of the Batam Indonesia Free Zone Authority (BP Batam). The research uses a normative-empirical legal design by combining statutory, conceptual, and case approaches with field data obtained through interviews with notaries/PPAT, BP Batam officials, and land-administration actors. The findings indicate that foreign residential ownership has a sufficient normative basis through the Basic Agrarian Law, the Job Creation regulatory framework, Government Regulation No. 18 of 2021, and implementing regulations. Foreigners cannot hold ownership rights over land; the legally available route is principally a Right of Use and, under relevant conditions, ownership of apartment units constructed on eligible land rights, including HPL land. In Batam, implementation requires BP Batam land allocation or approval and subsequent land registration, creating an additional administrative layer. The main problems are regulatory disharmony, institutional overlap, complex procedures, weak inter-agency integration, and risks of nominee arrangements. Harmonization, integrated digital services, clearer standard procedures, and stronger supervision are therefore required to improve legal certainty while maintaining the nationality principle in Indonesian land law.

LEGAL ANALYSIS OF JUDICIAL ASSESSMENT OF NOTARY'S RESPONSIBILITY IN AUTHENTIC DEED DISPUTES IN CRIMINAL COURTS (RESEARCH STUDY OF DECISION NUMBER 1/PID.B/2026/PN.JTH) Aminul Haqqi; Markus Gunawan; Agus Siagian; Titik Aminah; Irpan Husein; Mania H
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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A notary is a public official authorized by the state to create authentic deeds as evidence with absolute probative force. In practice, authentic deeds serve not only as evidence in civil cases but can also be used as evidence in criminal cases if there is a suspected criminal act related to their creation. This situation places the notary at risk of criminal liability, necessitating a judicial assessment by a judge to determine whether or not the notary was involved based on the trial facts, evidence, and applicable legal provisions. This research examines three problem formulations, namely regarding legal regulations regarding judicial assessment of notary responsibility in authentic deed disputes in criminal courts, how to implement judicial assessment of notary responsibility in authentic deed disputes in criminal courts, and what are the obstacles and solutions to judicial assessment of notary responsibility in authentic deed disputes in criminal courts. This study uses a normative-empirical legal research method with a statutory, conceptual, case study, historical, and comparative approach. The data used consists of primary data obtained through interviews and secondary data obtained through literature review of laws and regulations, court decisions, books, and scientific journals. The results of the study indicate that the legal regulations regarding the judicial assessment of notary liability in disputes over authentic deeds in criminal courts are the application of various interrelated legal provisions, including the UUJN, the Criminal Code, the Civil Code, and the UUKK. The implementation of judicial assessment in Decision Number 1/Pid.B/2026/PN.JTH shows that judges assess the notary's criminal liability based on the overall facts of the trial, evidence, and the fulfillment of the elements of the crime, so that criminal liability is not based solely on the notary's position or the existence of an authentic deed. The obstacles found are mainly related to the complexity of proof involving aspects of criminal law and notarial law. Therefore, it is necessary to improve regulations related to the position of notary and the enforcement of criminal law, as well as the development of academic studies on notary criminal liability to support the creation of legal certainty, justice, and legal benefits.

IMPLEMENTATION OF THE NOTARY’S PRINCIPLE OF PRUDENCE IN THE PREPARATION OF AUTHENTIC DEEDS AS AN EFFORT TO PREVENT DISPUTES: AN EMPIRICAL STUDY IN BATAM CITY Markus Gunawan; Erniyanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The principle of prudence is an important part of the implementation of the Notary's position in making authentic deeds. Notaries are required to act trustworthy, honest, thorough, independent, impartial, and protect the interests of the parties. The application of this principle is necessary to ensure legal certainty and prevent disputes due to identity errors, incomplete documents, unclear objects or problems in the will of the parties. This study aims to analyze the implementation of the Notary's prudence principle in making authentic deeds as an effort to prevent disputes in Batam City and identify obstacles and solutions in its implementation. The study uses an empirical legal research method with a statutory, conceptual, and sociological approach. Data were obtained through interviews with Notaries and related parties and studies of primary, secondary, and tertiary legal materials. The results of the study indicate that the Notary has implemented the principle of prudence through checking the identity and competence of the person appearing, verifying documents, checking the authority and object of legal acts, ensuring the will of the parties, providing legal counseling, and fulfilling the formal requirements for making deeds. Obstacles encountered include incomplete documents, data discrepancies, limited information from the parties, pressure to expedite the deed-making process, and difficulties verifying certain data. Implementing the precautionary principle has a preventive function in minimizing the risk of disputes and maintaining the evidentiary power of authentic deeds. Optimization efforts are carried out through multi-layered document examinations, improving the competence and professionalism of Notaries, providing legal counseling to the parties, utilizing technology in data verification, and improving coordination with relevant agencies. By consistently applying the precautionary principle, Notaries can provide legal certainty and protection while reducing the potential for disputes that arise after the deed is made.

Co-Authors Agus Siagian Ali Amran Aminul Haqqi Erniyanti Erniyanti Etty Sri Wahyuni Fadlan Fadlan Farhan Juliando Jaswat Giofanny Marchellino Fransiscus Tulung H M Soerya Respationo H.M. Soerya Respationo Herry Wahyu Andradjadi Hetti Sitorus Irma Prawita Saragih Irman Pasaribu Irpan Husein Irpan Husein Lubis Jose Natanael Kusnadi Putra Laily Wahliati Lily Washliati M. Soerya Respationo M. Tartib Mania Mania H Meily Ferawati Metta Tjia Natasya Ferena Novalina Estetika Sinaga Putri Andini Rinda Kharisa Sisilia Sisilia Sitti Isramira Pratiwi Titik Aminah

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