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All Journal Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Hukum LEGALITY BHUMI: Jurnal Agraria dan Pertanahan Unnes Law Journal NEGREI: Academic Journal of Law and Governance International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Reform Journal (ILREJ) IIJSE Danadyaksa: Post Modern Economy Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Masykur, Mohammad Hamidi
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010 Kusmayanti, Hazar; Kania, Dede; Rajamanickam, Ramalinggam; Masykur, Mohammad Hamidi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1228

Abstract

The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.
Challenges Arising from Article 22(2) of Ministerial Regulation ATR/BPN No. 6/2018 on Complete Systematic Land Registration (PTSL) Pertaining to Insufficient or Missing Evidence of Community Land Ownership Taufiq, Fida Nabilah; Masykur, Mohammad Hamidi; Supriyadi, Supriyadi
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.75274

Abstract

The Complete Systematic Land Registration (PTSL) program's successful implementation hinges on satisfying the physical and juridical data requirements for individual land plots owned by a single person. However, our research highlights disparities between juridical and physical data for specific land plots. Moreover, a lack of community awareness regarding the crucial role of land data collection presents significant challenges in the field. A notable obstacle, as outlined in Article 22(2) of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 6 of 2018, pertains to individuals applying for land registration through the PTSL Program without fulfilling complete requirements or providing proof of land ownership. This non-compliance poses a potential catalyst for disputes during the PTSL land registration process. As of early 2017, Indonesia harbored 126,000,000 land parcels, with only 51,000,000 certified and 79,000,000 awaiting official registration, earmarked for acceleration through PTSL. Our focus on Malang Regency in East Java, spanning an expansive 3,534.86 km² or 353,486 ha, reveals its active participation in the PTSL program. Notably, the region faces a substantial PTSL quota of 55,000 land parcels in 2023, distributed across 19 villages in 5 sub-districts, marking the highest quota in East Java Province. The research also underscores the pressing need for enhanced community awareness and compliance with PTSL requirements, particularly focusing on the potential disputes arising from inadequate documentation during the land registration process.
The Legal Position of the Use of Blockchain Technology on the Validity of Stamp Duty in the Digital Age Ariani, Relys Sandi; Setia Negara, Tunggul Anshari; Masykur, Mohammad Hamidi
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.10294

Abstract

The integration of blockchain technology in stamp duty administration requires a clear legal framework to ensure effective implementation. This study evaluates the benefits and challenges of using blockchain in stamp duty imposition and provides regulatory framework recommendations. Using a normative legal approach and analysis of relevant legislation, the research shows that blockchain can significantly enhance efficiency, transparency, and security in the stamp duty process. The immutable nature of blockchain records ensures data integrity and reduces the risk of fraud. Moreover, smart contracts can automate and streamline the transaction process, minimizing human error. However, the adoption of blockchain faces challenges such as high initial costs and the need for regulatory adjustments. In conclusion, the adoption of blockchain in stamp duty administration necessitates comprehensive regulations to ensure the legality and validity of recorded transactions, providing a robust and reliable tax system for the digital age.
Absentee Land Ownership: Problem or Solution for Indonesia Farmers perkasa, surya rimba; Koeswahyono, Imam; Masykur, Mohammad Hamidi
Indonesia Law Reform Journal Vol. 4 No. 3 (2024): November, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i3.36282

Abstract

Food Resilience is a critical aspect of national sustainability programs. Indonesia has a large and diverse population necessitates prioritizing food resilience as a primary focus of government programs. Food security can be achieved by empowering the predominantly farming population of Indonesia. In this regard, the government can utilize Absentee Land to achieve food resilience goals and improve the welfare of farmers. However, the utilization of Absentee Land is hindered by regulations restricting land ownership to civil servants. These regulations pose a significant obstacle to farmers who seek to engage in or expand agricultural endeavors. The conflicts arising from these regulations constitute the most substantial barrier to farmers' efforts to realize food resilience programs in Indonesia. This research uses a normative legal research method, focusing on the Absentee Land through statutory and case approaches. The results of this research indicate that regulations regarding Absentee Land has no longer relevant given the current state of affairs, as they impede the maximization of food resilience, particularly for farmers in the agricultural sector. Abstrak Ketahanan pangan merupakan hal yang sangat penting dalam program keberlangsungan bangsa. Populasi besar dan sangat beragam yang ada di Indonesia menjadikan ketahanan pangan ini harus menjadi prioritas utama dalam program pemerintah. Ketahanan pangan ini dapat diterapkan dengan cara memberdayakan masyarakat Indonesia yang kebanyakan berprofesi sebagai petani. Dalam hal ini pemerintah bisa memanfaatkan Tanah Absentee dalam mencapai tujuan ketahanan pangan dan dapat mensejahterakan petani. Namun dalam pemanfaatan tanah Absentee ini masih terhalang oleh peraturan yang menghambat kepemilikan tanah Absentee untuk para petani. Adanya peraturan tentang kepemilikan tanah Absentee yang hanya dapat dimiliki oleh Pegawai Negeri Sipil menjadi halangan bagi petani yang akan menjalankan atau mengembangkan usaha dalam pertanian. Konflik dalam peraturan kepemilikan tanah Absentee ini adalah hambatan terbesar dalam usaha petani mewujudkan program ketahanan pangan di Indonesia. Penelitian ini akan menggunakan peneltian hukum normatif, dimana dalam studi ini akan menggali penelitian dari tanah Absentee dengan menggunakan pendekatan Perundang-undangan dan pendekatan kasus. Hasil dari penelitian ini bahwa peraturan yang mengatur tentang tanah Absentee ini sudah tidak relevan diterapkan dengan keadaan saat ini karena ketahanan pangan sektor pertanian khususnya bagi petani tidak dapat dimaksimalkan.
The Notary's Responsibility for the Validity of Legalization of a Deed Under Hand Signed Without the Presence of the Parties (Case Study of Decision No. 146/PDT/2018/PT YYK) Arkani, Fatmawaty; Masykur, Mohammad Hamidi; Harini, Novita Dian Phra
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1424

Abstract

This research aims to examine the responsibilities of notaries in the legalization of private documents signed without the presence of the related parties. The primary focus is the analysis of Decision No. 146/PDT/2018/PT YYK, which highlights issues concerning the validity of the legalization of a land sale and purchase deed involving forged signatures. This study underscores Indonesian civil law regulations and the Notary Law (UUJN), which mandate that all parties involved in private documents must be present before the notary during the legalization process. The research adopts a normative juridical method with a conceptual, statutory, case-based, and comparative approach. The findings reveal that the legalization process conducted without the presence of all parties violates legal procedures and may compromise the validity of the document. Furthermore, the accountability of notaries who fail to comply with these procedures is not explicitly regulated under the UUJN or the code of ethics, creating potential risks for misuse. This study recommends the establishment of stricter regulations regarding sanctions for negligent notaries to ensure compliance with the law and protect the legal interests of all parties involved.
Agricultural Absentee Land Ownership Rules: Problem or Solution for Farmers on Food Resilience Program? Perkasa, Surya Rimba; Koeswahyono, Imam; Masykur, Mohammad Hamidi
BHUMI: Jurnal Agraria dan Pertanahan Vol. 10 No. 2 (2024): Bhumi: Jurnal Agraria dan Pertanahan
Publisher : Pusat Penelitian dan Pengabdian kepada Masyarakat, Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/bhumi.v10i2.783

Abstract

Abstract: Food resilience is a critical aspect of national sustainability programs. with large and diverse population, Indonesia needs to prioritize food resilience as a primary focus of government programs. Empowering Indonesia's predominantly farming population is one way to achieve food resilience. In this regard, the government can utilize absentee land to achieve food resilience goals and improve the welfare of farmers. However, regulations restricting land ownership to civil servants under Article 3 of Government Regulation No. 224 of 1961 hinder the utilization of absentee land. These regulations pose a significant obstacle to farmers who seek to engage in or expand agricultural endeavors. The conflicts arising from these regulations constitute the most substantial barrier to farmers' efforts to realize food resilience programs in Indonesia. This research uses a normative legal research method, focusing on the absent land through statutory and case approaches. The results of this research suggest that absentee land regulations are no longer relevant given the current state of affairs, as they impede the maximization of food resilience, particularly for farmers in the agricultural sector. Keywords: Absentee Land, Farm Land, Food Resilience
Taking perspective between Indonesia and Germany: the establishment of quo vadis house of worship Masykur, Mohammad Hamidi; Lailam, Tanto; Mulyono, Ferio Ivan
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36688

Abstract

This paper discusses about licensing the establishment of houses of worship. In practice, the licensing arrangements for worship in both countries have significant differences. Indonesia has a bureaucratic approach that is formal, administrative, and social and community-based. Indonesia specifically regulates the requirements for the establishment of houses of worship in PBM 9 & 8/2006. Administrative, technical, and special requirements are required to obtain licenses. However, PBM 9&8/2006 has a loophole for the rejection of houses of worship, thus potentially inhibiting freedom of worship. On the other hand, Germany takes an ecological, spatial, and architectural approach to licensing houses of worship. Germany adheres to BauGB as a regulation related to building construction by paying attention to FNP and B-Plan as guidelines. This normative juridical research uses comparative, conceptual, and statutory approaches. The main finding of this research is that the two countries have different approaches in considering permits for the establishment of houses of worship. It is found that the difference between the two lies in the aspects of regulation, characteristics, and the approach to resolving disputes over the establishment of houses of worship.
KENDALA DAN HAMBATAN PEMENUHAN KESESUAIAN KEGIATAN PEMANFAATAN RUANG (KKPR) DALAM SERTIPIKASI TANAH MILIK PEMERINTAH KOTA MALANG Salsabila, Alodia; Masykur, Mohammad Hamidi; Sjafi'i, R. Imam Rahmat
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 2 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.7329

Abstract

In principle, it can be seen that the granting of land rights is based on the allocation of space in accordance with the spatial plan. In its development, there are still legal phenomena in the form of violations of spatial planning. The law explicitly stipulates that the granting of land rights must be based on the use of space, including in the certification process of Regional Property as an asset security activity. Currently, the Malang City Government is actively implementing a BMD certification program in the form of land in the Malang City Area. The certification of regional government asset land is certainly not carried out without obstacles. Normatively based on the provisions of Article 115 letter c of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2021 concerning Procedures for Determining Management Rights and Land Rights, the Malang City Government is required to attach the requirements for the Conformity of Spatial Utilization Activities document so that the Regional Government in the process of implementing the certification of Regional Property does not carry out potential activities that can result in violations of spatial planning. However, based on the survey that the author has conducted, it is known that it seems that the fulfillment of the KKPR document cannot be carried out following the legal mandate. Moreover, it is known that many of the assets of the Malang city government are settlements utilized by the community. Therefore, further study is needed regarding the obstacles and barriers to fulfilling the suitability of spatial utilization activities (KKPR) in the certification of land owned by the Malang city government.
Ratio Legis Phrase "Mandatory" in Government Regulation on Land Deed Making Officer As Protocol Recipient Arianti, Rizki Diaswari Laila; Budiono, Abdul Rachmad; Masykur, Mohammad Hamidi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.471

Abstract

The phrase “obligatory” in the government regulation regarding the Land Deed Official as the recipient of the protocol has significant legal implications in determining the nature of his/her obligations. The ratio legis of this phrase is important to assess whether the obligation is absolute or conditional, which affects legal certainty and uniformity of its application. This study uses a normative legal method, namely analyzing legal norms through the interpretation of relevant laws, regulations, and legal doctrines. This study relies on primary legal materials, including laws and government regulations; secondary legal materials, such as legal commentaries and scientific articles; and tertiary legal materials, including legal dictionaries and encyclopedias. Data collection was carried out through a literature study, which ensured a comprehensive examination of legal texts and academic discussions. This study aims to evaluate the extent to which the term “obligatory” imposes binding duties on the Land Deed Official in receiving and managing the protocol. The research findings indicate that the phrase “obligatory” reflects an imperative legal obligation based on the theory of legal positivism, which prioritizes compliance with written legal norms. However, from the perspective of the theory of legal certainty (Rechtszekerheid), the regulation is less clear in defining the procedural mechanism, resulting in inconsistent application among Land Deed Officials. This ambiguity poses challenges in enforcing uniform practices, potentially undermining the effectiveness of the regulation.
Legal Construction of Government Agency Asset Certification Regarding Land Rights Formerly Under Dutch Control Mahendra, Jacki; Masykur, Mohammad Hamidi; Sjafi'i, R. Imam Rahmat
Danadyaksa: Post Modern Economy Journal Vol. 3 No. 1 (2025): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v3i1.154

Abstract

An important aspect of optimal management of state assets includes aspects of securing state assets. The form of state asset security measures can be through certification activities for land plots spread throughout the territory of Indonesia. Normatively, "Law of the Republic of Indonesia Number 1 of 2004 concerning State Treasury instructs that state/regional property in the form of land controlled by the Central/Regional Government must be certified in the name of the government of the Republic of Indonesia/the relevant regional government." In its development, it turned out that there were assets owned by government agencies that had the status of objects of Control of Fixed Assets Owned by Individual Dutch Citizens" or Dutch Legal Entities (P3MB). Normatively, the P3MB land certification process has special regulatory characteristics, namely the priority scale of granting rights and payment of compensation to the State through the Sale and Purchase. Of course, this is. However, what the author needs to highlight here is that there is no subject of Prospective Recipients of Rights in the Government/Government Agency group. In addition, problems also occur regarding the purchase mechanism up to the process of transferring rights by Government Agencies, which should be a single entity with the State itself.
Co-Authors Abdul Rachmad Budiono Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Apriyas Munik Ariani, Relys Sandi Arianti, Rizki Diaswari Laila Arkani, Fatmawaty Dede Kania Ganecha, Maulana Kasyfillah Syauqi Harini, Novita Dian Phra Hazar Kusmayanti, Hazar Imam Koeswahyono Jimmy Firmansyah Khoironi, Moh. Lu'ay Mahendra, Jacki Mulyono, Ferio Ivan perkasa, surya rimba Rajamanickam, Ramalinggam Rakhmawati, Santi Nur Salsabila, Alodia Sjafi'i, R. Imam Rahmat Supriyadi Supriyadi Tanto Lailam Taufiq, Fida Nabilah Tunggul Anshari Setia Negara, Tunggul Anshari