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All Journal Jurnal Hukum Khaira Ummah El-Mashlahah Jurnal Daulat Hukum Mendapo: Journal of Administrative Law Yuridika Madania: Jurnal Kajian Keislaman Jurnal Konstatering TABELLIUS
Winjaya Laksana, Andri
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Effectiveness of Land Redistribution Programs in Increasing Public welfare Veramitha Sari, Indah; Winjaya Laksana, Andri
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. 2) Obstacles and solutions in the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary. Primary data collection through observation and interviews while secondary data uses library techniques (study document). The analysis in this study is descriptive. The results of the study concluded: 1) The effectiveness of the implementation of the land redistribution program in improving the welfare of the people in Kutai Kartanegara has been effective in realizing the objectives of agrarian reform, namely equal distribution of land ownership and improving community welfare. If analyzed based on Soerjono Soekanto's theory of legal effectiveness, the success of this program is supported by clear legal factors, committed law enforcement, and adequate implementation facilities. In addition, community participation in managing land productively and the cultural values of mutual cooperation also strengthen the effectiveness of program implementation. 2) Obstacles in the implementation of the land redistribution program consist of legal, technical, social, and institutional obstacles. Legal obstacles arise due to the lack of synchronization of regulations and data between agencies, while technical and social obstacles are caused by limited resources, geographical conditions, and minimal community assistance after the redistribution. Solutions that need to be implemented include strengthening coordination through the Agrarian Reform Task Force (GTRA), accelerating the digitalization of land data, and improving coaching and empowerment programs for beneficiaries. The implementation of PP Number 62 of 2023 is key to ensuring a more focused and uniform implementation.
The Role of Notaries in Preventing Money Laundering Crimes Through the Obligation to Report Suspicious Financial Transactions Hidayat, Taufik; Winjaya Laksana, Andri
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Notaries hold a strategic position as public officials directly involved in the preparation of legal deeds of high economic value, thus potentially being misused as a means of money laundering. In line with the development of the Anti-Money Laundering and Prevention of Terrorism Financing (APU-PPT) regime, notaries are normatively designated as reporting parties based on Law Number 8 of 2010 concerning Money Laundering. However, in practice, the implementation of this reporting obligation still faces various normative, technical, and ethical challenges, particularly related to conflicts between the reporting obligation and the principle of confidentiality of notary positions as specified in the Notary Law. The purpose of this study is to analyze the basis and urgency of notary involvement in preventing money laundering, identify factors influencing the implementation of a notary's role as a reporting party, and formulate an ideal legal framework to ensure legal certainty for notaries. The research method used is normative legal research with a statutory and conceptual approach, through an analysis of relevant laws and regulations, legal doctrine, and scientific literature. The results indicate that notaries play a highly strategic role in preventing money laundering, acting as gatekeepers, ensuring that legal acts outlined in authentic deeds are truly based on legitimate, transparent, and legally accountable transactions.
Problems in Implementing Electronic Land Registration At the Pekalongan Regency Land Office Bakti, Agung Setya; Setyawati, Setyawati; Winjaya Laksana, Andri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims toThis study aims to determine and analyze the implementation, obstacles, and solutions for electronic land registration at the Pekalongan Regency Land Office. This study uses a sociological legal approach. Primary data collection involved interviews, literature studies, and documentation studies. Data analysis was conducted using a qualitative descriptive approach. Based on this study, it was concluded that the implementation of electronic land registration at the Pekalongan Regency Land Office iscan provide many benefits to the community, including minimizing fraud, minimizing brokers/land mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing intervention by unauthorized parties. The implementation of electronic land services can be done through the Sentuh Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally valid for use as evidence and can provide legal certainty because they are guaranteed by statutory regulations, namelyRegulation of the Minister of ATR/BPN No. 3 of 2023and Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Obstacles and solutions faced in implementing electronic land registration at the Pekalongan Regency Land Officenamely the limited public understanding of electronic certificates, the lack of completeness of land registration application files, the Human Resources (HR) implementers who are still very limited and not ready to implement electronic land registration, the problem of an uneven internet network, and the implementation of land mapping that is not evenly distributed. Solutions that can be implemented to overcome these obstacles are through information dissemination activities or socialization to the community, conducting training or training and workshops for BPN and PPAT employees, collaborating with internet providers in order to equalize the network, accelerating updates and security of the land system and improving the Sentuh Tanahku application and strengthening security so that it is not easily hacked by irresponsible parties. In addition to these obstacles there are still problems in electronic land registration, namely the legal aspects and legal umbrella related to the legal force of certificates caused by technical regulations and concerns about data and cyber security.
The Evidential Power of a Private Deed Legalized and Notarized by a Notary Prasetyo Widodo Putra, Bamas; Arifulloh, Achmad; Winjaya Laksana, Andri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A private deed is a legal document created and signed by the parties without the direct involvement of a public official, such as a notary. However, in practice, private deeds can be strengthened through legalization or waarmerking by a notary. This study aims to analyze the legal force of private deeds after legalization and waarmerking, as well as the differences between them and authentic deeds. The research method used is normative juridical with a statutory approach and case studies. The results show that legalization provides additional evidentiary strength for the signature and date of the deed, making the deed a stronger evidence in legal proceedings. Meanwhile, waarmerking only records the date the deed was submitted to the notary, without guaranteeing the accuracy of its contents. Both do not change the status of the deed to an authentic deed, but they have important value in civil evidence. Therefore, the choice between legalization and waarmerking must be adjusted to the legal needs of the parties.
Rehabilitative Sentencing for Narcotics Addicts within the Framework of National Law and Maqasid Syari’ah Winjaya Laksana, Andri; Ida Musofiana; Alwan Hadiyanto; Ahmed Kheir Osman; Ahmed Rabie Hassan
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.10409

Abstract

Narcotics-related crimes are classified as extraordinary crimes that threaten not only individual lives but also the broader fabric of society. Narcotics addicts, while legally considered offenders, are in fact self-victimizing individuals whose behavior is driven by dependency and loss of self-control. Rehabilitative sentencing offers a progressive alternative to punitive approaches by prioritizing treatment, recovery, and reintegration over retribution. This study aimed to critically examine the implementation of rehabilitative sentencing for narcotics addicts within Indonesia’s legal framework, while simultaneously analyzing its compatibility with the higher objectives of Islamic law (maqasid syari’ah).  moreover, this study adopts a socio-legal (juridical-sociological) approach, combining normative legal analysis with empirical insights from social behavior and community responses. It explores how rehabilitative sentencing is implemented within Indonesia’s legal framework and assessed through the lens of Islamic criminal law. Indonesian Law No. 35 of 2009 on Narcotics, along with supporting regulations, formally provides mechanisms for rehabilitation. However, sociological findings reveal persistent challenges in practice, including legal stigma, institutional capacity gaps, and public skepticism toward non-custodial measures. Meanwhile, Islamic criminal law, through the taʿzir framework, supports rehabilitation as a form of moral and social correction, rooted in the higher objectives of Islamic law (maqasid syari’ah), particularly the protection of life (hifz al-nafs), intellect (hifz al-‘aql), and public welfare (hifz al-maslahah al-‘ammah). The study concludes that successful implementation of rehabilitative sentencing requires not only regulatory readiness but also societal acceptance and alignment with ethical-legal values grounded in both national and Islamic legal traditions.
Co-Authors Achmad Arifulloh, Achmad Ahmed Kheir Osman Ahmed Rabie Hassan Alwan Hadiyanto Anbiya Hidayatullah, Sakti Bakti, Agung Setya Budi Susilo, Adhi Handayani, Yusrina Ida Musofiana Jelindo, Reyga Lailiyah, Kusroh Lestari, Sri Ayu Lubis, Muhammad Kenan Made Suarja Teja Buana, Anak Agung Melkianus Radja, Frengki Pradani, Riri Nabila Pramesti, Treninda Ardea Prasetyo Widodo Putra, Bamas Puspasari, Maria Alin Agustin Putra, Muhammad Subran Ardatul Rinda Listyawati, Peni Saraya Nurhadi, Sitta Satar, Abdul Setyawati Setyawati Sinambela, Stheven Nerea Singkarasi, Nalau Sobirov, Bobur Subagja, Riki Subandi Subandi Tarore, Lady Lanny Taufik Hidayat Tri Wahyuningsih Triyanto, Toni Veramitha Sari, Indah Widiyoko, Setiawan