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All Journal Unes Law Review Academia Open JIHAD : Jurnal Ilmu Hukum dan Administrasi
Elrika, Elrika
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Antisipasi Tindak Pidana Pencucian Uang Berkaitan Dengan Profesi Notaris dan Pejabat Pembuat Akta Tanah (PPAT) Elrika, Elrika; Djaja, Benny
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2044

Abstract

The mode of Money Laundering Crime (TPPU) that often occurs in Indonesia is by utilizing the role of Notary and PPAT in performing their duties. Notaries and Land Deed Officials ("PPAT") become co-suspects in criminal cases, because they are suspected of assisting in the implementation of money laundering crimes, or other criminal acts involving deeds made. The research method used in writing this article is normative juridical research with a research approach using statutory regulations and using a theoretical or conceptual approach. The results of the analysis of the Notary and PPAT in carrying out their duties to anticipate money laundering apply the principle of Recognizing Service Users, if the Notary or PPAT finds suspicious transactions, they can report it to the Financial Transaction Reporting and Analysis Center (PPATK). In addition, Notary and PPAT are not responsible for the criminal act of money laundering committed by the parties or their clients who use the services of Notary or PPAT who require their services based on their authority. The position of the Notary and PPAT in exercising their authority to make authentic deeds is only as a recorder that is poured into a deed that gives rise to legal acts and has perfect evidentiary power. Notaries and PPAT are only obliged to report to PPATK if there are indications of money laundering committed by the parties or their clients through their services as Notaries or PPAT.
Analysis of Regulations Regarding Interfaith Marriages According to a Religious Perspective, Marriage Law and Decision No. 916/Pdt.P/2022/Pn.Sby Elrika, Elrika; Sudirman, Maman; Djaja, Benny
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7583

Abstract

Marriage in Indonesia is carried out by obtaining legal recognition from religion and the state. The Marriage Law stipulates that a legal marriage must follow the religious beliefs that are believed in. In Indonesia, the practice of interfaith marriage that is not allowed is Islam and Hinduism, while Catholicism and Protestantism, Buddhism and Confucianism are four religions that allow marriage with different religions. The Compilation of Islamic Law and SEMA dated January 30, 2019 number 231/ PAN/HK.0  1/2019 also regulates not recognizing interfaith marriages so that such marriages cannot be registered. However, Court Decision No. 916/Pdt.P 2022 /PN.Sby granted the applicants' request to legalize and register and record the marriage of the parties. Thus, for the parties who are married of different religions in the case. Have a valid marriage before the law and the state for interfaith marriages. However, in 2023, SEMA Number 2 of 2023 was issued on July 17, 2023 concerning Instructions for Judges in Adjudicating Cases of Applications for Marriage between People of Different Religions and Beliefs, which are prohibited from being granted by the court.
Antisipasi Tindak Pidana Pencucian Uang Berkaitan Dengan Profesi Notaris dan Pejabat Pembuat Akta Tanah (PPAT) Elrika, Elrika; Djaja, Benny
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2044

Abstract

The mode of Money Laundering Crime (TPPU) that often occurs in Indonesia is by utilizing the role of Notary and PPAT in performing their duties. Notaries and Land Deed Officials ("PPAT") become co-suspects in criminal cases, because they are suspected of assisting in the implementation of money laundering crimes, or other criminal acts involving deeds made. The research method used in writing this article is normative juridical research with a research approach using statutory regulations and using a theoretical or conceptual approach. The results of the analysis of the Notary and PPAT in carrying out their duties to anticipate money laundering apply the principle of Recognizing Service Users, if the Notary or PPAT finds suspicious transactions, they can report it to the Financial Transaction Reporting and Analysis Center (PPATK). In addition, Notary and PPAT are not responsible for the criminal act of money laundering committed by the parties or their clients who use the services of Notary or PPAT who require their services based on their authority. The position of the Notary and PPAT in exercising their authority to make authentic deeds is only as a recorder that is poured into a deed that gives rise to legal acts and has perfect evidentiary power. Notaries and PPAT are only obliged to report to PPATK if there are indications of money laundering committed by the parties or their clients through their services as Notaries or PPAT.
Legal Review of Land Acquisition from Indigenous Peoples in the Nusantara Capital City (IKN) Project: Tinjauan Hukum Terhadap Pengadaan Tanah Masyarakat Adat Dalam Proyek Ibu Kota Nusantara (IKN) Elrika, Elrika; Djaja, Benny
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12935

Abstract

General Background: The development of the new capital city, Ibu Kota Nusantara (IKN), as a National Strategic Project requires large-scale land acquisition, including areas traditionally occupied by Indigenous communities. Specific Background: Although legal frameworks such as the Basic Agrarian Law, the IKN Law, and Presidential Regulation No. 65/2022 formally acknowledge Indigenous land rights, their implementation remains inconsistent. Knowledge Gap: There is still no clear mechanism for verifying customary (ulayat) rights, determining culturally appropriate compensation, or ensuring meaningful participation of Indigenous communities in land acquisition processes. Aims: This study aims to examine the effectiveness of the existing legal framework governing land acquisition for IKN and assess the extent of protection afforded to Indigenous peoples. Results: The findings show that despite normative recognition of Indigenous rights, practical implementation faces barriers, including unclear procedures, limited community involvement, and compensation that fails to reflect the social, cultural, and spiritual value of customary land. Novelty: This research highlights the urgent need for specific legal instruments regulating the recognition and protection of ulayat rights within national strategic projects—an aspect largely absent in current regulations. Implications: Strengthening regulations, establishing holistic compensation standards, and ensuring inclusive participation and dispute-resolution mechanisms are essential to achieving a fair and sustainable land acquisition process for Indigenous communities affected by the IKN project. Highlights: The legal framework recognizes Indigenous land rights, but implementation remains inconsistent. Customary land holds cultural and spiritual value that is not reflected in current compensation models. Strengthened regulations and inclusive participation are essential for fair land acquisition in IKN. Keywords: Land Acquisition, Indigenous Peoples, Customary Rights, Ibu Kota Nusantara, Legal Protection
Co-Authors Djaja, Benny Sudirman, Maman