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All Journal JOURNAL SCIENTIFIC OF MANDALIKA (JSM) YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal DIALEKTIKA : Jurnal Ilmu Sosial Jurnal Smart Hukum (JSH) International Journal of Law, Crime and Justice
Diana R.W. Napitupulu
Unknown Affiliation
Humanities Economics, Econometrics & Finance Health Professions 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
The Authority of the Indonesia Deposit Insurance Corporation to Initiate Bankruptcy Proceedings against Controlling Shareholders of Non-Systemic Failed Banks: Reconstructing Personal Liability within the Indonesian Banking Law Regime Diana R.W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1688

Abstract

This article examines the legal authority of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS) to initiate bankruptcy proceedings against controlling shareholders of non-systemic failed banks, focusing on the reconstruction of personal liability within the Indonesian banking law regime. The study departs from the prevailing scholarly focus on bank resolution mechanisms and institutional liability, addressing a normative gap concerning the personal accountability of controlling shareholders whose actions contribute to bank failure and subsequent losses borne by LPS. Using a normative juridical method with statutory, conceptual, and doctrinal approaches, this research analyzes the interplay between the Law on Deposit Insurance Corporation, Banking Law, Company Law, and Bankruptcy Law. The findings demonstrate that LPS possesses legal standing as a creditor by virtue of subrogation after fulfilling its statutory obligation to pay insured deposits. This status provides a legitimate basis for LPS to pursue bankruptcy claims not only against failed banks but also against controlling shareholders, provided that their factual control, unlawful conduct, or gross negligence can be established as the proximate cause of the bank’s failure and the depletion of insured funds. The article further argues that the principle of limited liability is not absolute and may be lawfully pierced through a causality-based construction of personal responsibility consistent with the doctrine of piercing the corporate veil. This study proposes a reconstructed legal framework that articulates objective parameters for imposing personal bankruptcy liability on controlling shareholders, thereby preventing arbitrary enforcement while strengthening the protection of public funds administered by LPS. By integrating banking law, corporate law, and bankruptcy law, this article contributes a novel analytical model that enhances legal certainty, judicial consistency, and the effectiveness of asset recovery in cases of non-systemic bank failure in Indonesia.
Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea Dwi Kinasih, Klaura; Patricia Audrey Ruslijanto; Diana R.W. Napitupulu
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): 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.v21i4.334

Abstract

The advancement of digital technology has significantly transformed notarial practices, particularly regarding the use of electronic signatures in the creation of authentic deeds. This study provides a normative legal analysis comparing the regulation of electronic signatures by notaries in Indonesia and South Korea, focusing on legal certainty, document validity, and authenticity. In Indonesia, the regulation is governed by Law Number 11 of 2008 on Electronic Information and Transactions as last amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and the Notary Position Act (UUJN), which requires that deeds be signed in the physical presence of a notary. Meanwhile, South Korea comprehensively regulates this matter through the Electronic Signature Act (ESA) and the Notary Act, which authorizes notaries to use certified electronic signatures supported by a government-integrated digital verification system. This research employs a normative juridical approach with comparative legal analysis to examine the alignment and divergence of legal norms between the two countries, as well as their relation to the authenticity principle of deeds as stipulated in Article 1868 of the Indonesian Civil Code. The findings reveal that South Korea has fully implemented electronic signatures in notarial practice through robust legal and technological infrastructure, whereas Indonesia still faces normative conflicts among the ITE Law, the Notary Position Act, and the Civil Code. Therefore, regulatory harmonization is necessary to ensure that Indonesia's notarial system can transition toward digitalization while preserving authenticity and legal certainty.
Co-Authors Aartje Tehupeiory, Aartje Dwi Kinasih, Klaura Elyza.Z Feliks Suwandri Patricia Audrey Ruslijanto Yuliana Risna Maengkom