Amelia Sri Kusuma Dewi
Faculty of Law, Brawijaya University Malang, Indonesia

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The Legal Implications of the Indonesian Standard Industrial Classification for the Position of Notaries as Public Officials Arabella Kezia Putri Maulina; Amelia Sri Kusuma Dewi; Dewi Iryani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.402

Abstract

This study aims to analyze the legal position of a Notary as a public official following the classification of notarial activities under the Indonesian Standard Industrial Classification Number 69104, as well as to examine the legal certainty of such regulation within the Indonesian legal system. This research employs a normative legal research method with statutory, conceptual, and comparative approaches, using primary, secondary, and tertiary legal materials. The research gap in this study lies not only in the absence of scholarly analysis linking the Indonesian Standard Industrial Classification as a risk-based business licensing instrument with the position of Notaries as public officials, but also in the lack of examination specifically addressing the normative implications of categorizing public office activities within a business-law regime. Previous studies have generally focused either on the position of Notaries from the perspective of the Notary Law, or on Indonesian Standard Industrial Classification within the context of business licensing administration in general, without situating both within a unified framework of normative conflict and legal system harmonization. The findings indicate that the classification of notarial activities under Indonesian Standard Industrial Classification Number 69104 has the potential to create normative disharmony, as it places the activities of a Notary within a business-oriented economic framework, whereas a Notary’s authority derives from state attribution to perform public service functions. This condition reflects a conceptual shift from a public office to an administrative entity governed by business licensing mechanisms, which is not fully aligned with the legal construction of the Notary position under the Notary Law. The novelty of this research lies in three main aspects. First, it explicitly constructs the normative conflict between the risk-based business licensing regime (Indonesian Standard Industrial Classification 69104) and the legal regime governing Notaries as public officials. Second, it employs a synthesis of the theory of authority and the theory of legal certainty as analytical instruments to assess the validity of such regulation within the Indonesian administrative legal system. Third, it offers a normative harmonization perspective that positions Indonesian Standard Industrial Classification not merely as an administrative instrument, but as a variable capable of shifting the juridical character of the Notary office within Indonesia’s constitutional and administrative legal framework .
Juridical Implications of "May Report" in Foreign Will Reporting by Indonesian R.A Berliany Maudy Ratu Bendy; Amelia Sri Kusuma Dewi; Dyah Widhiawati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.407

Abstract

This study aims to analyze the interpretation of the phrase "may report" in Article 10 of the Minister of Law Regulation No. 16 of 2025 concerning the Reporting of Wills and Applications for the Issuance of Certificates of Wills in relation to the reporting of wills made abroad by Indonesian citizens, as well as the juridical implications of failing to register such wills for the implementation of inheritance in Indonesia. This study employs a normative legal research method using statutory, conceptual, and analytical approaches, with legal analysis conducted through grammatical, systematic, historical, and teleological interpretation. The legal materials consist of primary legal sources, including the Indonesian Civil Code, the Minister of Law Regulation No. 16 of 2025, and other relevant legislation, supported by secondary legal materials in the form of books and scholarly journal articles. The research gap lies in the absence of studies that specifically examine the normative character of the phrase "may report" and its legal consequences for the implementation of inheritance law in Indonesia. The novelty of this study is the formulation of a normative construction arguing that the phrase constitutes an incomplete legal norm because it merely grants discretionary authority without prescribing the legal consequences of failing to report a will. The findings reveal that a will executed abroad remains legally valid under the principle of locus regit actum and the Indonesian Civil Code. However, the failure to report the will results in its exclusion from the Central Register of Wills, prevents its inclusion in the Certificate of Wills, diminishes the functions of legal publicity and traceability, and may consequently create legal uncertainty in the administration of inheritance. The principal contribution of this study is to provide a conceptual foundation for revising Article 10 by expressly regulating the legal consequences arising from the failure to report wills executed abroad.
Legal Certainty for Creditors Holding Second-Ranking and Subsequent Mortgage Rights in Execution Auctions Diah Kusumo Dewi; Amelia Sri Kusuma Dewi; Satria Amiputra Amimakmur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.408

Abstract

There is a normative gap between the legal recognition of second-ranking mortgage rights as provided under Article 5(1) of the Mortgage Law and the implementation of their execution rights in auction practice, particularly due to the rejection of auction applications submitted by the Office of State Assets and Auction Services (KPKNL) on behalf of creditors holding second-ranking and subsequent mortgage rights. This study aims to analyze the juridical implications of Article 5(1) of the Mortgage Law for the legal position of creditors holding second-ranking and subsequent mortgage rights in the execution auction of mortgaged property, as well as to examine the legal protection afforded to such creditors. This research employs a normative legal research method using both the statutory and conceptual approaches through the analysis of legislation, legal doctrines, and other relevant legal materials. The findings reveal that although Article 5(1) of the Mortgage Law explicitly recognizes the existence of second-ranking and subsequent mortgage rights, it does not adequately regulate the mechanism for exercising execution rights or provide comprehensive legal protection for subordinate mortgage creditors. Consequently, the execution auction process continues to be hindered by divergent interpretations regarding execution authority, resulting in the potential rejection of auction applications filed by creditors holding second-ranking and subsequent mortgage rights. The novelty of this study lies in proposing a harmonized regulatory framework governing execution authority and a legal protection mechanism for creditors holding second-ranking and subsequent mortgage rights, thereby providing a foundation for the reform of Indonesian secured transactions law.