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All Journal JOURNAL SCIENTIFIC OF MANDALIKA (JSM) Jurnal DIALEKTIKA : Jurnal Ilmu Sosial International Journal of Law, Crime and Justice
Diana R.W. Napitupulu
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Efektifitas Eksekusi Obyek Hak Tanggungan Menurut Hukum Positif Elyza.Z; Yuliana Risna Maengkom; Diana R.W. Napitupulu
Journal Scientific of Mandalika (JSM) e-ISSN 2745-5955 | p-ISSN 2809-0543 Vol. 6 No. 8 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/10.36312/vol6iss8pp2187-2195

Abstract

Article 6 of the Mortgage Rights Law stipulates that if the debtor is in default, the first holder of the Mortgage Rights has the right to sell the object of the Mortgage Rights on its own authority through a public auction and collect the debt from the proceeds of the sale based on Article 6 of the Mortgage Rights Law. In reality, there is uncertainty of legal protection to creditors holding Building Rights Title collateral on Management Rights land, which is evidenced by the difficulty of creditors to execute collateral objects when the debtor defaults. The challenge that arises lies in the implementation of execution, where the execution of collateral is not as easy as the executorial power contained in the deed of acknowledgement of debt, so that the position of the creditor juridically has the right to execute when the debtor is declared in default.Research method is a process, principles and procedures for solving problems encountered in conducting research, which is an effort to discover, develop and test the truth of knowledge, which is carried out using scientific methods. In conclusion, Hak Tanggungan is a security right regulated in Law Number 4 Year 1996 as a substitute for mortgage and creditverband, with objects including property rights, business use rights, and building use rights. The encumbrance process involves two stages: the making of a Deed of Granting Mortgage Rights (APHT) by a PPAT and registration at the Land Office, which then results in a Mortgage Rights Certificate with the same executorial power as a court decision with permanent legal force. Mortgage Rights have the principles of preference, droit de suite, speciality, publicity, and ease of execution. Execution can be carried out through public auction based on the executorial title in the certificate or sale under the hand with certain conditions, such as notification to related parties and announcement in the media. Mortgage rights are extinguished due to debt repayment, relinquishment of rights by the creditor, a court order, or the extinguishment of the secured land rights.
Legal Disharmony in Indonesia's Regulatory Framework: A Ratio Legis Analysis of the Classification of Gambling and the Standard Classification of Business Fields in Indonesia 92000 Vis-À-Vis Criminal Prohibition Under the Penal Code Diana R.W. Napitupulu
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.565

Abstract

This paper analyzes the legal disharmony between the Indonesian Standard Industrial Classification (KBLI) Code 92000, which classifies gambling as a business activity, and Article 303 of the Indonesian Penal Code (KUHP), which criminalizes gambling. Using a normative legal research method supported by theoretical foundations from legal certainty, legal harmonization, and sociological jurisprudence, the paper explores the philosophical, sociological, and juridical ratio legis behind this classification. The research concludes that the classification under KBLI is administrative and does not legitimize gambling activities. The paper suggests harmonization mechanisms to resolve legal contradictions and ensure regulatory coherence.  Address the normative conflict and avoid further interpretive ambiguities, this paper proposes a series of harmonization mechanisms. First, there should be a revision or annotation of KBLI Code 92000 to clarify that its inclusion of gambling is not a recognition of its legality under Indonesian law. Second, greater inter-agency coordination is necessary, especially between the institutions responsible for economic classifications and those enforcing criminal law. Third, legislative synchronization efforts must be enhanced through the establishment of an integrated legal drafting mechanism to ensure that new or revised regulations do not conflict with existing criminal statutes.
Legal Analysis of Compensation in Land Acquisition for Public Use: A Case Study of Priority Tourism Road Development in Golo Mori Village Feliks Suwandri; Aartje Tehupeiory; Diana R.W. Napitupulu
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 2 (2025): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v23i2.613

Abstract

This study examines the legal aspects of compensation in land acquisition for public interest projects, specifically focusing on the road development project in the priority tourism area of Golo Mori Village, Manggarai Barat Regency. The main objectives are to evaluate the implementation of compensation payments in accordance with applicable laws and regulations, and to identify challenges faced during the land acquisition process in practice. The research employs a normative and empirical juridical approach, collecting data through literature review and interviews with relevant stakeholders, including local government officials, affected communities, and project implementers. The findings of this study are significant for policymakers and land acquisition practitioners, as they provide a foundation for recommendations to improve procedures and regulations, making them more transparent, fair, and protective of the rights of affected communities. Additionally, this research contributes academically by enriching the legal studies on agrarian law and land acquisition in Indonesia, especially regarding justice and legal certainty in compensation processes. The results reveal a gap between existing regulations and their application in the field, including unclear criteria for determining compensation amounts and insufficient community involvement in the acquisition process. These issues potentially lead to social conflicts and hinder the progress of desired development projects. Therefore, policy reform and improvements in land acquisition mechanisms that are more participatory and accountable are necessary to ensure the protection of community rights and the smooth implementation of development
Co-Authors Aartje Tehupeiory, Aartje Elyza.Z Feliks Suwandri Yuliana Risna Maengkom