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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi Rechtsvinding
Leriana, Helda
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of Notaries in Ensuring Legal Certainty in Acquiring Land Rights Based on Inheritance in Indigenous Communities Leriana, Helda; Djaja, Benny
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8830

Abstract

The acquisition of land rights through inheritance in customary law communities represents the continued existence of indigenous legal systems that are still recognized within Indonesia's national legal framework. However, such transfers are often undocumented within the national land registration system, resulting in legal uncertainty. In this context, notaries play a strategic role as public officials authorized to draw up authentic deeds that provide legal certainty and protection for such acquisitions. This study aims to analyze the role of notaries in ensuring legal certainty in the inheritance-based acquisition of land rights in customary law communities, as well as to identify challenges and formulate effective strategies within notarial practice. This research employs a normative and empirical juridical approach by examining statutory regulations, legal doctrines, and conducting interviews with notaries and traditional leaders. The findings reveal that notaries not only perform formal-administrative functions but also engage substantively in verifying the validity of inheritance claims based on customary law and formalizing them into legally recognized deeds. The primary challenges include the lack of written evidence, discrepancies between legal systems, and limited coordination between indigenous communities and land administration authorities. Therefore, a synergistic approach is required among notaries, customary leaders, and state institutions to develop a system of proof that accommodates customary legal realities while upholding the principle of legal certainty.
Legal Protection for Parties in Online Sale and Purchase Agreement Leriana, Helda; Djaja, Benny; Sudirman, Maman
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.762

Abstract

More and more people are taking advantage of the convenience offered by online shopping thanks to advances in information technology. Nevertheless, there are a number of legal issues lurking behind the convenience offered, including unclear rights and responsibilities of the parties, conflict resolution, and consumer protection from unsuitable or harmful products. The purpose of this study is to examine the strengths and weaknesses of the Indonesian legal system, evaluate the effectiveness of existing regulations, and determine the extent to which the parties to online sales and purchase agreements are legally protected. This study uses a qualitative normative juridical methodology, with information gathered from a review of laws, scientific articles, and other relevant legal documents. The results of the study show that the low level of public legal literacy and the absence of an efficient online dispute resolution process are 2 (two) areas where the laws governing consumer protection still have room for improvement. To build a secure and sustainable digital commerce ecosystem, existing legal protections for online transactions need to be optimized and legal education for consumers and business actors needs to be improved.
Co-Authors Djaja, Benny Sudirman, Maman