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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES
Djumikasih, Djumikasih
Faculty of Law, Brawijaya University Malang, Indonesia
Education Languange, Linguistic, Communication & Media

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Legal Protection for Group III State House Buyers in Flawed Ownership Transfer Agreements Nur, Thursina Megah Rizqa Aulia; Djumikasih, Djumikasih; Widhiawati, Dyah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 1 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i1.25048

Abstract

This research addresses the urgent issue of legal uncertainty faced by buyers of Class III state-owned houses who enter into ownership transfer agreements that are procedurally flawed. Despite fulfilling their financial obligations, many buyers encounter administrative and legal challenges due to unclear regulations and improper transfer procedures. Using a normative legal research approach, this study applies statutory and conceptual methods to evaluate the legal status of such agreements and the extent of state responsibility in protecting buyers’ rights. The findings indicate systemic weaknesses, including the absence of authentic deeds, lack of oversight by authorized officials, and inconsistencies in house classification and approval processes. These issues severely undermine the legal position of buyers and expose them to risks of dispute and asset loss. The study highlights the need for comprehensive legal reform to ensure both preventive protection—through clearer regulatory guidelines—and repressive protection—through access to judicial remedies. The novelty of this research lies in its focus on Class III state housing, a topic rarely examined in-depth in Indonesian legal scholarship. To strengthen legal certainty and uphold citizens’ constitutional right to adequate housing, the study recommends revising existing regulations, institutionalizing oversight mechanisms, and improving public legal awareness.
Reconceptualizing Fiduciary Guarantee Execution After Indonesia’s Constitutional Court Ruling Fitri, Tita Jiwanty; Djumikasih, Djumikasih; Herlindah, Herlindah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25054

Abstract

The Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 71/PUU-XIX/2021 have reshaped the legal framework of fiduciary guarantee execution in Indonesia by mandating court involvement and debtor consent in cases of default. This study examines the legal reasoning behind these decisions and their implications for the executorial nature of fiduciary certificates. Using a normative legal research method with statutory and conceptual approaches, the research finds that these rulings redefine fiduciary certificates from self-executing instruments to legal documents requiring judicial validation. While this shift enhances procedural justice and debtor protection, it also undermines the efficiency of extrajudicial enforcement, which has been a core feature of fiduciary law. The transformation introduces legal uncertainty for creditors relying on the swift enforcement previously granted by fiduciary titles. The findings suggest the need for a normative reconstruction of the fiduciary execution mechanism to harmonize constitutional values, procedural fairness, and the principle of legal certainty.
Co-Authors Fitri, Tita Jiwanty Herlindah, Herlindah Nur, Thursina Megah Rizqa Aulia Widhiawati, Dyah