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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Health, Economics, and Social Sciences (IJHESS) YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Peradaban Journal of Law and Society Warkat Engagement: Jurnal Pengabdian Kepada Masyarakat
Herlindah
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Incompleteness of Norms Regarding the Deadline for Cancellation of Certificates Above 5 Years in the Context of Land Law Certainty Ari Yuliani, Anggi; Herlindah; Hamidi Masykur, Mohammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6525

Abstract

The government has clearly stated the purpose of land registration through the Basic Agrarian Law. This law applies to all regions in Indonesia. It ensures legal certainty for the community. Article 19, paragraph (1) clearly states this. The following articles regulate the stages prior to the issuance of certificates. First, the land area is measured. Then, a map is created in printed form. Once the mapping stage is complete, the data is recorded in a register. The land registration system is inadequate. This has led to overlapping land ownership and procedural errors in land registration. As a result, there are administrative defects in land certificates. These administrative defects can render certificates invalid. Land disputes are common and take a long time to resolve, particularly those related to the invalidation of certificates that have been invalid for more than five years. The application and implementation of policies for resolving these disputes lack complete regulations or have incomplete legal norms. This leads to legal uncertainty in the resolution and ownership of the land
The Urgency of Legal Regulation On Investigator Authorization To Seize And Obtain Original Notarial Deeds Fauza Shofia; Herlindah; M. Sudirman
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.366

Abstract

This study examines the urgency of regulating and harmonizing the authority for the seizure and confiscation of notarial minutes in the Indonesian legal system. Minutes of deeds, as part of notarial protocol, have a special character as authentic evidence containing high evidentiary value, official confidentiality, and the legal interests of the parties. On the other hand, the need to enforce criminal law requires access to these documents, especially in the context of proving cases. This condition creates a gap between regulations in criminal procedure law and notarial law, especially regarding the authority of the Notary Honorary Council and the Chief Justice of the District Court. This study aims to analyze the philosophical, sociological, and juridical basis of these regulations, and formulate an appropriate form of harmonization to create legal certainty, justice, and benefit. The research method used is normative juridical with a statutory and conceptual approach, which examines various related legal norms and relevant legal doctrines. The results of the study indicate that the current regulations still cause partial disharmony, especially regarding the mechanism for confiscating original minutes of deeds, which has not been explicitly regulated. Therefore, normative harmonization is needed that places protection of deed minutes as a primary principle, while still allowing limited scope for seizure under exceptional circumstances. This harmonization must emphasize the functional relationship between the authority of the Notary Honorary Council as an ethical-professional filter and the Chief Justice of the District Court as a judicial supervisor, thus creating a balance between the protection of the notary's office and the effectiveness of criminal law enforcement
Co-Authors Ari Yuliani, Anggi Arif Zainudin Brahmana, Sindy Sri Widyawati Sembiring Damayanti Asikin Dhiana Puspitawati Ema Yunita Titisari Erdika, Lucy Fajran Bentearu Fauza Shofia Feri Novriyal Fitriana, Dina Fitryane Lihawa Hamidi Masykur, Mohammad Heptari Elita Dewi Indah Dwi Qurbani Isra Cahayani Bahuwa Iswan Dunggio Iwan Permadi M. Sudirman Marini Susanti Hamidun Nolanda Fadiahaya Trigosa Nur Meyla Ulfiana Botutihe Pramadanty, Fathia Laely Pranata, Keri Putri, Ananda Salasa Salshabila, Annisa Setiawan Wicaksono, Setiawan Suhariningsih Susilo, Hariyanto Yenny Eta Widyanti Zein Setiawan Kadir