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All Journal Rechtsidee Lex Stricta : Jurnal Ilmu Hukum
Mubaroq, Ahmad Muhajir Firrizqi
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework: Legitimitasi Majelis Pemeriksa Notaris dalam Kerangka Hukum Indonesia Mubaroq, Ahmad Muhajir Firrizqi; Muljosantoso, Sugeng; Anggraeni, Dessi; Tabroni
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.999

Abstract

This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights: No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position. Notary Examination Board is part of the Notary Supervisory Board. Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process. Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.
Dampak Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023 terhadap Kepailitan Ainia Fitria Rusdi; Mubaroq, Ahmad Muhajir Firrizqi
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1639

Abstract

The issuance of Supreme Court Circular Letter No. 3 of 2023 has significant implications for the application of the principle of simplified evidence in bankruptcy law, particularly in cases involving apartment and/or low-rise housing developers. This SEMA affirms that bankruptcy petitions against developers generally do not meet the qualifications for the principle of simple proof as stipulated in Article 8(4) of Law No. 37 of 2004, thereby limiting consumers’ access to bankruptcy mechanisms as a means of rapid and effective rights recovery. This study employs a normative legal method with a legislative and conceptual approach to examine the legitimacy of the SEMA within the hierarchy of legal norms and its impact on the balance of civil liability in the tripartite relationship between consumers, developers, and banks under the Apartment Ownership Loan scheme. The research findings indicate that SEMA, as a judicial administrative instrument, lacks the normative standing to limit or deviate from laws, thereby potentially conflicting with the principle of the hierarchy of legislation. This limitation creates an imbalance in civil liability because consumers lose effective legal protection, while developers gain greater protection and banks remain protected as separate creditors. Therefore, the revocation of the relevant provisions is necessary to ensure legal certainty, consumer protection, and the proportionality of the parties’ liabilities.
Co-Authors Ainia Fitria Rusdi Anggraeni, Dessi Muljosantoso, Sugeng Tabroni