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All Journal JURNAL MAGISTER HUKUM UDAYANA Rechtsidee E-Dimas: Jurnal Pengabdian kepada Masyarakat Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Business, Law, and Education Ascarya: Journal of Islamic Science, Culture and Social Studies NEGREI: Academic Journal of Law and Governance Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Jurnal Ilmu Kenotariatan Al Irfani: Journal of Al Qur'anic and Tafsir IIJSE
Jauharoh, Arini
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Rekonstruksi Kebijakan Jual Beli Tanah Bersertifikat dalam Bentuk Non-Fungible Token Melalui Aplikasi Marketplace Jaya, Rania Pramesti; Nurwidhiyanti, Hanif; Jauharoh, Arini
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 8, No 2 (2023): Juli 2023
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v8i2p191-198

Abstract

The purpose of writing this article isto analyze the validity and legal protection of buying and selling certified land in the form of non-fungible tokens through a marketplace application. This study uses a normative juridical method with a statutory and regulatory approach and a contextual approach. Buying and selling certified land in the form of non-fungible tokens through a marketplace application is a policy reconstruction that can be realized. The sale and purchase of certified land in the form of non-fungible tokens through the marketplace application has fulfilled the legal requirements for a sale and purchase agreement as regulated in Article 1320 of the Civil Code and Article 46 paragraph (2) of Government Regulation Number 71 of 2019, namely the existence of agreement, skill , objects and causes that do not conflict with morality, consent and laws and regulations. The legal protection that can be provided to the parties is preventive legal protection in the form of an electronic land certificate represented in the form of a non-fungible toke
The Urgency of Regulating the Measure of Violation in Terms of Sanctioning Notary Iman, Zenza Bronica; Ruslijanto, Patricia Audrey; Jauharoh, Arini
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11406

Abstract

This study aims to analyze the urgency of legal ambiguity in determining the benchmark for imposing sanctions on notaries based on the Law on Notary Positions (UUJN). The UUJN regulates various sanctions for notaries who violate the law but does not provide clear guidelines regarding the criteria for imposing sanctions. This results in legal uncertainty and inconsistency in the enforcement of sanctions, as evidenced by the different sanctions imposed on two notaries, DS and MI, despite their similar violations. This research employs a normative juridical method with a statutory approach and a case approach. The results show that the ambiguity of norms in the UUJN has the potential to cause injustice in the enforcement of sanctions, as well as disrupt legal certainty and the integrity of the notary profession. In conclusion, a revision of the UUJN or the addition of supplementary regulations that include clearer and more proportional benchmarks for sanctioning is necessary. This will ensure justice and consistency in the application of sanctions, as well as uphold the integrity of the notary profession
Analysis of the Legal Status of Joint Office in Notary Civil Partnership: Perspective of Article 20 of UUJN-P Annisa, Yusifa Nur; Dewantara, Reka; Jauharoh, Arini
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.529

Abstract

This article focuses on the Analysis of the Legal Status of Joint Offices in Notary Civil Partnerships: Perspective of Article 20 of the Law Concerning Notary Positions (from now on UUJN-P), which focuses on the legal status of joint offices by notary civil partnerships. The research in this article uses normative juridical research. Aims to describe and analyze the legal status of establishing a joint office by a civil partnership of notaries. Notaries can enter into civil partnerships to form a joint office as regulated in Article 20 of Law Number 02 of 2014 concerning Amendments to Law Number 30 concerning Notary Positions. Establishing a joint office can be convenient for notaries when opening a notary office, which requires expensive costs. However, there is legal ambiguity regarding the regulation of the legal status of the establishment of a joint office by a notary civil association, where there is a synonym for terms in article 20 UUJN, which equates notary civil partnerships with notary joint offices and civil partnerships in the Civil Code.
Legal Protection of Persons with Hearing Disabilities Associated with the Obligation to Read Deeds (Verlijden) For Notaries in Making Notarial Deeds Rahmatulloh, Rahmatulloh; Herlindah, Herlindah; Jauharoh, Arini
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.759

Abstract

The Security Office Act (UUJN) contains legal provisions regarding the authenticity of recorded documents that are read but not heard by persons with disabilities; especially Article 16, Section 1, paragraph m of Law No. 16. Law No. 2 of 2014 on the Notary Public (UUJN) Regulation. The research questions of this study are: (1) How are certified texts read but not heard by deaf people; In this study, research methods based on law and theory are used. The data collection process was carried out through literature research. The results of the research show that: (1) Reading the work by the author with the help of a translator is valid if the actual production still complies with the regulations determined by the notary law. (2) The notary must be legal and impromptu, must include information on the official translation promise that the notary knows how to translate, and the face document at the end of the residence document. Making the work done by the notary on behalf of the hearing impaired people realistic, thus obtaining the legal rights of the hearing impaired as a service to the users and binding the legal goods on both parties, especially third parties.
Kitab Safinah Kalla Saya’lamun dalam Diskursus Khazanah Tafsir Pesantren Jauharoh, Arini; Anwar, Muhammad Khoirul
Al-Irfani: Journal of Al Qur'anic and Tafsir Vol 6 No 1 (2025): Al Irfani
Publisher : STAI Darul Kamal NW Kembang Kerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51700/irfani.v5i2.876

Abstract

This article aims to conduct an analysis of Islamic boarding school tafsir treasures by taking a case study of Safinah Kalla  Saya’lamun Fi Tafsir Syaikhina Maimun. In general, this work is part of the Indonesian interpretation. However, so far the mapping of the Tafsir Nusantara typology has not touched on the institutional aspect which is an important locus for the emergence of this work. This article questions the background to the writing of Safinah Kalla Saya'lamun? And in the context of what horizon was the work born? These two questions are the basis for expanding the study of the existence of Islamic boarding school interpretive works. This article used qualitative method with the content analysis. This article concludes, that the book Kalla Saya'lamun was originally the result of the Tafsir Jalalain recitation every Sunday read by Maimoen Zubair (d. 2019). The position of the writer who was a student at that time felt the importance of recording the teacher's ideas. However, in fact, the author’s role is not only to explain Zubair's ideas, but also to explore and compare with the views of other commentators. So that it is able to present a literary interpretation of the Al-Qur'an that is not only one way, but presents a rich variety of views using simplistic methods, in addition to presenting ideas that are unique to the locality of the Islamic boarding school. In this case, the interpreter links the meaning of the verse to the current social context or local historical facts. Based on the findings of this work, this research proves that the dynamics of interpretive studies in Islamic boarding schools continue to grow.
The Existence of Sign Language Interpreters in Assisting Deaf Individuals in the Creation of Notarial Deeds Ratna Sari, Valentania; Santoso, Budi; Jauharoh, Arini
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 4 No. 1 (2024)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/iscs.v4i1.671

Abstract

This study examines the crucial role of sign language interpreters in assisting deaf individuals as clients. This study reveals a disparity in the Indonesian legal system when it comes to providing support for individuals with hearing impairments (deaf people) compared to the comprehensive framework in the United States, which mandates accommodations through legislation such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the American Disabilities Act (ADA). This study uses a normative juridical approach, analyzing legal texts, and a comparative framework to identify best practices and deficiencies in the current Indonesian system. The results indicate a lack of legal provisions for sign language interpreters in Indonesia, leading to potential miscommunication and legal misunderstandings among deaf clients. The conclusion emphasizes that notaries, as public officials, are required to optimize their services to the public, reflecting an ethical and professional commitment to providing fair and equal services, even in the face of inadequate legal frameworks. Practical implications suggest that implementing these changes will not only uphold the principles of justice and equality, but also enhance the effectiveness and inclusivity of legal services for the deaf community in Indonesia.
Notarial Practice and Article 2(1) PDKP INI 2017 Compliance in Malang Raya Desi, Novita Sri; Sihabudin, Sihabudin; Jauharoh, Arini
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (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.v8i3.7302

Abstract

PDKP INI No. 1/2017 is a regulation formulated by the Indonesian Notary Association (INI) that governs the limit of the reasonable number of deeds a Notary may execute in a single day. Article 2, paragraph (1) of the regulation stipulates a maximum of 20 (twenty) deeds per day. However, in practice, several Notaries in the Malang Raya region still exceed this threshold. This research aims to analyze the contributing factors behind these violations and the resulting legal consequences. Employing a socio-legal research method with a sociological-juridical approach, the study identifies legal factors, law enforcement, societal influences (including Notaries who exploit the regulation), and cultural considerations as primary causes of non-compliance. The consequences of these violations include the degradation of the deed’s status into a private deed due to procedural irregularities, as well as professional sanctions imposed on the Notary. In response, it is recommended that the regulation concerning the maximum number of deeds executed daily by a Notary be revised to ensure clarity and effectiveness.
REFORMULATION OF ADMINISTRATIVE SANCTIONS AGAINST PPAT FOR NEGLIGENCE IN REQUESTING PROOF OF BPHTB PAYMENT Prayoga, Syakir; Hadiyantina, Shinta; Jauharoh, Arini
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11365

Abstract

This study aims to examine the reformulation of administrative sanctions imposed on the Land Deed Official (PPAT) who neglects to request proof of payment for the Land and Building Acquisition Duty (BPHTB) before signing the deed of land transfer. As a public official authorized to create authentic deeds, PPAT is responsible for ensuring the completeness of administrative requirements related to BPHTB. However, the administrative fine of IDR 10,000,000 for a PPAT’s negligence is deemed disproportionate, considering the amount of honorarium received by the PPAT based on the applicable regulations. Based on a literature review and interviews with PPAT in Malang Regency, this study highlights the injustice of imposing sanctions on PPAT, which essentially only fulfills administrative obligations in the preparation of the deed of land transfer. Meanwhile, the obligation to pay BPHTB lies with the taxpayer. This study offers a reformulation of administrative sanctions that is fairer by considering the PPAT’s authority, in line with the principles of legal justice. It is hoped that the findings of this study will contribute to the improvement of regulations related to taxation and land registration in Indonesia. Reformulation, Administrative Sanctions, PPAT, BPHTB Reformulation, Administrative Sanctions, PPAT, BPHTB.
Legal Reformulation of the Transfer of Rights To Guaranteed Objects Through Foreseen Collateral Yuniar, Lisa Mega; Dewantara, Reka; Jauharoh, Arini
Jurnal Ilmu Kenotariatan Vol. 6 No. 2: Nov 2025
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v6i2.53696

Abstract

Foreclosed Assets is one of the mechanisms used by banks in settling non-performing loans without having to go through lengthy and complicated auction procedures. Although the Foreclosed Assets mechanism has been regulated under Article 12A of Law No. 4 of 2023 on Development and Strengthening of the Financial Sector, in practice—particularly in the context of bankruptcy—there remains legal uncertainty. This is due to inconsistent regulations between the Mortgage Law, the Banking Law, and Supreme Court Circular No. 3 of 2023. This research aims to analyze the Foreclosed Assets mechanism juridically within the context of bankruptcy and to formulate a reformulation of legal arrangements concerning the transfer of rights over collateral objects through the Foreclosed Assets mechanism to ensure legal certainty. This study employs a normative juridical method using statute and conceptual approaches. The results of this study show that the implementation of Foreclosed Assets, both through auction and outside auction, has different legal consequences. Foreclosed Assets conducted through auction has a sufficiently strong legal basis, while Foreclosed Assets conducted outside auction—which generally uses Sale and Purchase Agreement and Power of Attorney to Sell—still presents legal uncertainty. This is due to the absence of technical regulations specifically governing the procedures and forms of documents in the implementation of Foreclosed Assets outside auction. Furthermore, the use of PPJB as the legal basis for the transfer of rights in Foreclosed Assets practice has the potential to conflict with the pactum commissorium principle as regulated in the Mortgage Law. This reformulation is essential to clarify the legal position of banks over acquired collateral as well as to uniformly regulate valid legal document formats in the Foreclosed Assets mechanism, thereby providing legal certainty for banks, debtors, notaries, receivers, and other related parties.
Validitas Pembubuhan Cap Jempol oleh Notaris sebagai Alternatif Tanda Tangan Notaris dalam Pembuatan Akta Notaris Yelia Habib, Laila; Sukarmi, Sukarmi; Jauharoh, Arini
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 14 No 2 (2025)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2025.v14.i02.p09

Abstract

The validity of a notarial deed as an authentic deed is highly dependent on the fulfillment of formal procedures, one of which is the inclusion of a notary's signature. However, in notarial practice, there are conditions where a notary is unable to affix a signature conventionally due to health reasons or physical constraints. Meanwhile, the Notary Law (UUJN) explicitly requires a signature as part of the validity of the deed. This phenomenon has given rise to an alternative practice in the form of a notary's thumbprint as a substitute for a signature. However, UUJN has not explicitly regulated the legality of this action. This study aims to normatively analyze the positive law regarding notary signatures and evaluate the possibility of a notary's thumbprint being legally recognized in Indonesian positive law. This study uses a normative juridical approach with qualitative analysis techniques. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that there is a legal vacuum that has an impact on the uncertainty of the status of deeds that are thumbprinted by notaries. Therefore, it is necessary to reconstruct norms and legal interpretations that are adaptive, responsive and progressive to ensure legal protection and certainty for the parties. Keabsahan akta notaris sebagai akta otentik sangat bergantung pada pemenuhan prosedur formal, salah satunya adalah pencantuman tanda tangan notaris. Namun, dalam praktik kenotariatan, terdapat kondisi di mana notaris tidak mampu membubuhkan tanda tangan secara konvensional karena alasan kesehatan atau kendala fisik. Sementara itu, Undang-Undang Jabatan Notaris secara eksplisit mensyaratkan tanda tangan sebagai bagian dari keabsahan akta. Fenomena ini memunculkan praktik alternatif berupa pembubuhan cap jempol oleh notaris sebagai pengganti tanda tangan. Akan tetapi, UUJN belum secara eksplisit mengatur legalitas tindakan tersebut. Penelitian ini bertujuan untuk menganalisis secara normative hukum positif mengenai tanda tangan notaris dan mengevaluasi kemungkinan cap jempol notaris diakui secara sah dalam hukum positif Indonesia. Penelitian ini menggunakan pendekatan yuridis normatif dengan teknik analisis kualitatif. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa terdapat kekosongan hukum yang berdampak pada ketidakpastian status akta yang dibubuhi cap jempol oleh notaris. Oleh karena itu, diperlukan rekonstruksi norma dan interpretasi hukum yang adaptif, responsif dan progresif untuk menjamin perlindungan hukum dan kepastian bagi para pihak.
Co-Authors Adytia, Nur Amalina Putri Affandi, Felix Rafiansyah Annisa, Yusifa Nur Anwar, Muhammad Khoirul Desi, Novita Sri Dwi Budi Santoso Fauzan . Ghiffari, Ahmad Tsaqief Herlindah, Herlindah Iman, Zenza Bronica Iqbal Maulana Jaya, Rania Pramesti Nurwidhiyanti, Hanif Patricia Audrey Ruslijanto perkasa, surya rimba Prayoga, Syakir Rahmatulloh Rahmatulloh, Rahmatulloh Ratna Sari, Valentania Reka Dewantara Shinta Hadiyantina Sihabudin Sihabudin, Sihabudin Sukarmi Sukarmi, Sukarmi Supriyadi Supriyadi Tunggul Ansari Setia Negara Yelia Habib, Laila Yuniar, Lisa Mega