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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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JURIDICAL ANALYSIS OF THE ROLE OF NOTARIES IN PREVENTING THE MISUSE OF NOMINEE AGREEMENTS BETWEEN FOREIGN NATIONALS AND INDONESIAN CITIZENS (A Study of Decision No. 129/Pdt.G/2021/PN.Btm) Akmal Fatayat; Agus Siagian; Titik Aminah; Irpan Husein; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December
Publisher : PT. Radja Intercontinental Publishing

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Nominee agreements between foreign nationals (WNA) and Indonesian citizens (WNI) continue to be used as a means of controlling land ownership rights (Hak Milik) that, under the Basic Agrarian Law, may be held only by Indonesian citizens. This practice may constitute legal evasion, creating legal uncertainty and conflicting with the nationality principle. In these circumstances, notaries play an important role as public officials authorized to draw up authentic deeds and obliged to apply the prudential principle to prevent legal acts that contravene laws and regulations. This study examines the role of notaries in preventing the misuse of nominee agreements with reference to Decision No. 129/Pdt.G/2021/PN.Btm. The research addresses the legal framework governing the role of notaries in preventing the misuse of nominee agreements between foreign nationals and Indonesian citizens, the implementation of that role in notarial practice, and the obstacles and solutions associated with its implementation. This study employs normative legal research using statutory, conceptual, case-based, and notarial practice-oriented approaches. Data were obtained through library research supported by interviews and were subsequently analyzed qualitatively using a descriptive-analytical method based on laws and regulations, legal doctrine, and Decision No. 129/Pdt.G/2021/PN.Btm. The findings indicate that the preventive role of notaries has a legal basis in the Law on Notarial Office, the Basic Agrarian Law, and the Indonesian Civil Code, although no specific provisions govern nominee agreements. Notaries implement this role by applying the prudential principle, checking the identities of the parties, verifying documents, and providing legal advice. The obstacles include the limited authority of notaries to uncover the parties' legal relationships and the absence of explicit provisions on nominee agreements. Strengthening regulations, improving the professionalism and supervision of notaries, and increasing public legal awareness are therefore necessary to prevent the misuse of nominee agreements.

JURIDICAL ANALYSIS OF THE JUDICIAL ASSESSMENT OF NOTARIAL LIABILITY IN AUTHENTIC DEED DISPUTES IN CRIMINAL PROCEEDINGS (A STUDY OF DECISION NUMBER 1/PID.B/2026/PN.JTH) Aminul Haqqi; Erniyanti; 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
Publisher : PT. Radja Intercontinental Publishing

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A notary is a public official authorized by the State to execute authentic deeds, which serve as legal instruments possessing the highest evidentiary value in various legal relationships. In practice, authentic deeds function not only as evidence in civil disputes but may also become part of the evidentiary process in criminal proceedings when allegations of criminal conduct arise in connection with their execution. Consequently, a notary may be subject to criminal liability, requiring the court to conduct a judicial assessment in order to determine whether the notary bears criminal responsibility based on the facts established during the trial, the admissible evidence, and the applicable legal provisions. This study examines three principal issues: the legal framework governing judicial assessment of a notary's liability in disputes concerning authentic deeds in criminal proceedings; the implementation of judicial assessment in determining a notary's liability in such disputes; and the obstacles encountered, together with possible solutions, in the judicial assessment of a notary's liability in criminal proceedings involving authentic deeds. This research employs a normative-empirical legal research method using statutory, conceptual, case, historical, and comparative approaches. The research is based on primary data collected through interviews and secondary data obtained from the analysis of statutory regulations, court decisions, legal literature, and scholarly journals. The findings indicate that the legal framework governing judicial assessment of a notary's liability in disputes concerning authentic deeds in criminal proceedings is derived from the integrated application of several legal instruments, including the Law on Notarial Office, the Indonesian Criminal Code, the Indonesian Civil Code, and the Law on Judicial Power. The judicial assessment reflected in Decision Number 1/Pid.B/2026/PN.JTH demonstrates that the court determined the notary's criminal liability by comprehensively evaluating the facts established during the trial, the available evidence, and the fulfilment of the constituent elements of the alleged criminal offence. Accordingly, criminal liability was not imposed solely on the basis of the notary's official capacity or the existence of an authentic deed. The study further reveals that the principal challenge lies in the complexity of proving issues involving both criminal law and notarial law. Therefore, improvements in the legal framework governing the notarial profession and criminal law enforcement, together with further academic research on the criminal liability of notaries, are necessary to strengthen legal certainty, justice, and legal expediency.

Juridical Analysis of the Role of the Regional Supervisory Council towards Notaries Who Make Mistakes in Making Deeds H M Soerya Respationo; Markus Gunawan; Jose Natanael Kusnadi Putra
Journal of Education Technology Information Social Sciences and Health Vol. 3 No. 2 (2024): September 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/jetish.v3i2.3496

A notary is a public official who has the authority to make authentic deeds and has other authorities as intended in this Law or based on other laws. This research uses a normative juridical legal method with an empirical sociological approach. Data was obtained through analysis of legal documents and through an interview process directly with members of the regional supervisory board. The aim of this research is to determine the duties and functions of the regional supervisory council in carrying out supervision, inspection and imposing sanctions on notaries. The problem discussed in this research is the duties and functions of Notaries as community servants carrying out some of the duties of the State and therefore it is very important for notaries in holding their positions to provide services to the community and in the interests of the community. This research method uses qualitative methods with data obtained through in-depth interviews with members of the Regional Supervisory Council with detailed comprehensive observations carried out. The results of this research state that the Notary Supervisory Council can carry out its duties and functions in a tiered or non-tiered manner. In relation to the imposition of sanctions, examinations are carried out in stages, starting from the Regional Supervisory Council, Regional Supervisory Council and Central Supervisory Council. However, the imposition of sanctions in the form of verbal or written warnings is the final authority of the Regional Supervisory Council, and the imposition of sanctions in the form of dismissal is the final authority of the Regional Supervisory Council. the authority of the Central Supervisory Council, and the Minister of Law and Human Rights of the Republic of Indonesia who will issue a Decree on dismissal.

Co-Authors Agus Siagian Akhamal Akmal Fatayat Ali Amran Aminul Haqqi Erniyanti Erniyanti Etty Sri Wahyuni Fadlan Fadlan Farhan Juliando Jaswat Giofanny Marchellino Fransiscus Tulung 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. 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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