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All Journal Jurist-Diction JUDGE: Jurnal Hukum Golden Ratio of Law and Social Policy Review (GRLSPR) Jatijajar Law Review
Masturi, Frida Nurrahma
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Problems with Mortgage Rights on Inherited Property Masturi, Frida Nurrahma; Asep Herlan; Al Fiani Nenden Iryatin
Judge : Jurnal Hukum Vol. 6 No. 03 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.1517

Abstract

The increasing economic activity, particularly in the banking sector, has led to land being frequently used as the primary guarantee in credit agreements through mortgage rights (hak tanggungan). However, problems arise when the debtor passes away and the mortgaged land becomes part of the inheritance. Since mortgage rights are characterized by the droit de suite principle, the right remains attached to the land regardless of changes in proprietary rights. This legal characteristic often leads to conflicts between creditors and heirs, especially when the heirs were not involved in or unaware of the original credit agreement. Meanwhile, banking institutions require legal certainty over guarantee to exercise their execution rights effectively. This research aims to identify the legal convergence between inheritance rights and mortgage rights in order to uphold justice and legal certainty for all parties involved. The study adopts a normative juridical approach, using secondary data derived from statutory regulations and legal literature. The findings reveal that the lack of synchronization between inheritance law and security law creates legal uncertainty and practical problems, which can only be resolved through regulatory harmonization and procedural clarity in guarantee execution involving inherited land
Kewajiban Penggunaan Bahasa Indonesia dalam Perjanjian Sewa Komersial: Perspektif Yuridis dalam Hukum Kontrak Indonesia Herlan, Asep; Rizqi, Aditya Maulana; Masturi, Frida Nurrahma; Iryatin, Al Fiani Nenden
JATIJAJAR LAW REVIEW Vol 4, No 1 (2025): JATIJAJAR LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Muhammadiyah Gombong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26753/jlr.v4i1.1588

Abstract

The difference of opinion among judges regarding the obligation to use Indonesian in rental agreements, as seen in District Court Decision Number 101/Pdt.G/2016/PN.Jkt.Sel and Supreme Court Decision Number 3230 K/Pdt/2018, creates legal uncertainty. This stems from confusion in interpreting whether the use of Indonesian is a halal causa requirement or merely a formality. This research employs a normative juridical method with statutory, conceptual, and case approaches. The findings indicate that halal causa relates to the substance of an agreement, not the language used. The South Jakarta District Court mistakenly viewed the obligation to use Indonesian as a halal causa requirement, while the Supreme Court misinterpreted it as a mere formality. In reality, the use of Indonesian is a formality condition, not a halal causa requirement. When drafting business agreements, parties must understand the validity conditions and legal requirements. To prevent inconsistencies, improving judicial decision-making quality is essential.
Force Majeure Clause in the Covid-19 Vaccine Purchase Contract between Kimia Farma Tbk and Sinopharm Herlan, Asep; Masturi, Frida Nurrahma; Iryatin, Al Fiani Nenden
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1694

Abstract

Force majeure clauses in contracts are usually used as a complement to business agreements. The absence of special regulations that regulate in detail the force majeure clause often causes problems in the preparation of contracts. The force majeure clause became important and was widely used during the Covid-19 pandemic as a legal basis to overcome obstacles in the implementation of the parties' obligations due to unforeseen circumstances., through the Contract for the Purchase of Sars-Cov-2 Vaccine (Vero Cells), Inactivity or Covid-19 Vaccine (Vero Cells), Until now, the force majeure benchmark in the applicable legal provisions in Indonesia is regulated in a limited manner in Articles 1244-1245 of the Civil Code. The research method used was juridical normative by analyzing the force majeure clause in the Sars-CoV-2 Vaccine Purchase Contract (Vero Cell), Inactive or Covid-19 Vaccine (Vero Cell), Inactive between PT. Kimia Farma Tbk and Sinopharm China. The results of the study show that Article 10 Paragraph (4) of the Sars-CoV-2 Vaccine Purchase Contract (Vero Cell), Inactivation or Covid-19 Vaccine (Vero Cell), Deactivated between PT. Kimia Farma Tbk and Sinopharm China did not comply with one of the provisions in Articles 1244-1245 of the Civil Code, namely: elements that were not anticipated beforehand. Based on the results of the analysis, this study is expected to provide legal recommendations for the preparation of force majeure clauses in international business contracts in the future to be more in line with the principles of Indonesian civil law.
Children's Privacy and Standard Clauses in Digital Services: A Substantive Justice Analysis Masturi, Frida Nurrahma; Listyani, Ajeng Aditya; Agus Mardianto
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.87028

Abstract

The development of digital technology has made children active users of online services vulnerable to privacy violations due to standard clauses unilaterally drafted by service providers. This study aims to analyze the application of the principle of substantive justice in assessing standard clauses and forms of legal protection for children's privacy in the digital era. Using normative juridical methods and a conceptual approach, this study examines national regulations and international instruments related to child data protection. The results show that although Indonesia has a legal basis through the Child Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, its implementation has not been effective due to weak oversight and the absence of age verification mechanisms and parental consent. Strengthening regulations based on substantive justice, the establishment of independent oversight bodies, and improving digital literacy are needed to realize fair and sustainable protection of children's privacy.
Co-Authors Agus Mardianto Ajeng Aditya Listyani Asep Herlan Herlan, Asep Iryatin, Al Fiani Nenden Rizqi, Aditya Maulana