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All Journal Jurnal Sahabat ISNU SU Ipso Jure
Raisha Zahra Amanda
Universitas Islam Negeri Sumatera Utara
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Goods Deposit Agreement In The Civil Code and KHES Mohammad Amir Bin Wan Harun; Oriza Trisina Br. Sitepu; Adinda Rida Cahyani; Dinda Andini; Raisha Zahra Amanda
Jurnal Sahabat ISNU SU Vol. 2 No. 2 (2025): ISNU Sahabat September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i2.855

Abstract

This study examines in depth the concept of the goods deposit agreement (wadi'ah) regulated in two legal systems in Indonesia, namely the Civil Code (KUH Perdata) and the Compilation of Sharia Economic Law (KHES). Using qualitative research methods and a normative juridical approach, this study aims to analyze the similarities and differences in the provisions of goods deposit in the two legal systems, as well as their implications for the practice of goods deposit in society. Data collection was conducted through a literature study by analyzing primary, secondary, and tertiary legal sources. The results of the study indicate that although both legal systems regulate goods deposit, there are fundamental differences in their concept and implementation. The Civil Code views goods deposit as a mutual agreement and can be accompanied by wages, while KHES regulates it in the context of a wadi'ah contract based on sharia principles. This study also reveals that KHES provides more comprehensive regulations regarding the rights and obligations of the parties, as well as the legal consequences arising from goods deposit agreements. This finding provides an important contribution to the development of the legal system in Indonesia, particularly in the harmonization of conventional law and Islamic economic law.
Land Registration as an Instrument of Legal Certainty and Legal Protection of Land Rights From The Perspective of Indonesian Agrarian Law Raisha Zahra Amanda; Juli Raya Syahputra; Aisyah Aisyah
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/te29n419

Abstract

Land occupies an important position in Indonesian society because it possesses economic, social, cultural, and legal values. The increasing value of land creates a need for a land administration system capable of providing certainty regarding the subject, object, and legal status of land rights. Law Number 5 of 1960 concerning Basic Agrarian Principles establishes land registration as an instrument for achieving legal certainty. This study aims to analyze the position of land registration within Indonesian agrarian law, the forms of legal certainty and protection generated through land registration, and the relevance of the land registration system in the era of digital land services. This research applies normative legal research using statutory, conceptual, and case approaches. The analysis employs Gustav Radbruch’s theory of legal certainty, Philipus M. Hadjon’s theory of legal protection, and Soerjono Soekanto’s theory of legal effectiveness. The study finds that land registration constitutes an important instrument for ensuring legal certainty and protection; however, a land certificate does not constitute absolute evidence of ownership. Legal certainty can only be achieved when physical data, juridical data, certificate issuance procedures, and actual possession of land correspond with one another. Electronic land registration may improve efficiency and transparency, but it must be supported by accurate data, reliable information systems, and effective protection of lawfully acquired land rights.
Co-Authors Adinda Rida Cahyani Aisyah Aisyah Dinda Andini Juli Raya Syahputra Mohammad Amir Bin Wan Harun Oriza Trisina Br. Sitepu