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NOTARY'S RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS BY HEIRS WHO WERE NOT INCLUDED IN THE DISTRIBUTION OF INHERITANCE RIGHTS Dina Rahmawati; Budi Parmono; Sunardi
SOSIOEDUKASI Vol 14 No 4 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i4.6999

Abstract

This study seeks to scrutinize the liability of notaries in relation to legal actions initiated by heirs excluded from the allocation of inheritance rights, as well as to assess the forms of legal protection available to the affected parties through normative legal inquiry. Employing a normative juridical methodology with a doctrinal literature approach, the research examines notarial liability in cases involving claims by omitted heirs in inheritance distribution. The analysis is conducted in a descriptive–analytical manner, drawing upon primary, secondary, and tertiary legal sources to interpret prevailing legal norms and formulate conclusions. The findings indicate that (1) notarial liability arising from lawsuits filed by heirs excluded from the certificate of inheritance rights manifests as responsibility for deeds executed by the notary when errors result in losses, thereby constituting an unlawful act pursuant to Articles 1365 and 1366 of the Civil Code. Consequently, such deeds may be declared null and void, and the notary may incur civil liability in the form of compensation, reimbursement of expenses, and interest, in addition to administrative sanctions ranging from written admonitions to removal from office. Furthermore, legal protection for heirs not recorded in the inheritance deed may be pursued through both preventive and repressive legal mechanisms.
Underage Marriage Society 5.0 Perspective of Madzhab Syafi'i Fiqh and Marriage Law in Indonesia Anwar Harianto; Moh. Muhibbin; Budi Parmono
Jurnal Locus Penelitian dan Pengabdian Vol. 5 No. 5 (2026): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v5i5.5601

Abstract

Legal marriage is an absolute obligation according to Islamic teaching. However, these noble intentions often do not meet expectations if the husband and wife, or one of the partners, does not yet possess both physical and mental maturity. This unpreparedness can occur when someone marries while underage a phenomenon increasingly linked to the intensive use of gadgets by children in the Society 5.0 era. This research aims to determine the ruling on underage marriage in Society 5.0 according to the Shafi'i madhhab, as well as its relevance to Indonesian Marriage Law. The method used was normative legal research (library research), with primary materials drawn from the fiqh books of the Shafi'i school and Law No. 16 of 2019. The results show that underage marriage in Society 5.0 is considered valid (permissible) by the Shafi'i school, provided that a girl has reached the age of 15 or shows signs of puberty (menstruation or armpit hair growth), and for boys, the onset of wet dreams. The connection between the Shafi'i school and the Marriage Law lies in the age limit: the Shafi'i school sets the minimum age at 15 years, while the Marriage Law sets it at 19 years. Both regulations serve as legal justification for marriage dispensation. The conclusion is that underage marriage according to the Shafi'i school is valid by prioritizing maslahah, and the correlation between the two legal systems can be used to address cases of underage marriage in Society 5.0.
Responsibility of the National Land Agency Regarding Overlapping Land Ownership Certificates (A Study at the Malang City Land Office) Muhamad Irwan Sugianto; Budi parmono; Sunardi Sunardi
Eduvest - Journal of Universal Studies Vol. 5 No. 11 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i11.52090

Abstract

This study examines the responsibilities of the National Land Agency (BPN) regarding overlapping land ownership certificates at the Malang City Land Office. Land is a fundamental need, leading to conflicts over ownership and use. Legal certainty in land rights is essential and is mandated by the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, overlapping certificates often arise due to factors such as bad faith among applicants, lack of awareness among landowners, and errors by land office officials. This research employs empirical legal research methods, using interviews and documentation to analyze the causes and responsibilities of the Malang City Land Office in managing land certificate overlaps. The findings indicate that the office must improve its verification processes and community engagement to prevent future disputes.
Ensuring Fairness in Automated Traffic Enforcement: Examining Algorithmic Justice and Due Process in Malang's ETLE System Angka Husada; Budi Parmono; Rahmatul Hidayati
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.2644

Abstract

This study analyzes the implementation of Electronic Traffic Law Enforcement (ETLE) in Indonesia and its consequential due process principle and algorithmic justice. The use of electronic traffic law enforcement (ETLE) has been embraced as a means to better achieve efficiency, transparency, and objectivity in the enforcement of traffic laws; however, procedural tension continues regarding how this style of enforcement plays into issues of due process and individual rights. This scientific paper aims to conduct a critical review on whether the ETLE system in Malang Regency aligns with due process of law and algorithmic justice. This study uses an empirical juridical (socio-legal) method with a descriptive-analytical approach, which makes legal analysis and field data from interviews, observations, and official traffic violations from the years 2021–2024. Results based on data until October 2023 show that ETLE enhances administrative efficiency, minimizes officer-citizen interaction, and solidifies evidence-based enforcement. Nonetheless, the system does not adequately satisfy due process and falls short—notably with regard to the right to be informed, the right to be heard, and access to effective remedies. Moreover, lack of transparency and accountability and inadequate human oversight are gaps in reaching algorithmic justice. ETLE increases governance quality but requires a robust mechanism for institutional and procedural reforms to augment fairness and transparency in the detection, prosecution, and adjudication of offenders while ensuring the protection of fundamental legal rights.
Strengthening Legal Safeguards for Indonesian Migrant Workers Against Human Trafficking Sukman; Budi Parmono; Rahmatul Hidayati
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.278

Abstract

Legal protection for Indonesian Migrant Workers plays an important role in efforts to combat human trafficking, which is still a serious problem in the world. This study examines various regulations related to Indonesian Migrant Worker policies and criminal sanctions for perpetrators of human trafficking. This study uses a normative legal method by examining various sources of law, both national law and international agreements such as the Palermo Protocol. The results of the study show that Indonesia has ratified various major international conventions and has passed Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law Number 21 of 2007 concerning the Eradication of Human Trafficking. These laws provide strong protection for migrant workers from the conservation, placement, and post-placement stages, and provide severe penalties for perpetrators of human trafficking. However, despite these various legal efforts, there are still many problems in law enforcement. This is reflected in the increasing cases of Human Trafficking, with 2,149 victims rescued in 2023. The study highlights the urgent need for better oversight, stricter conservation rules, and stronger law enforcement to prevent, cover and protect migrant workers.
Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

Abstract

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.