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Ainul Azizah
Universitas Jember, Jember, Indonesia

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Notary’s Obligations to Prevent Suspicious Financial Transactions in Money Laundering Crimes Dhia Savira Fadhilla; Mohammad Arief Amrullah; Ainul Azizah
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i1.7056

Abstract

Notaries dom’t have guidelines and guidance to prevent the occurrence of money laundering crimes that are faced with various types and characteristics of their opponents. The ambiguity of the norms in Article 16 paragraph (1) letter a of the Notary Law should be able to state the obligations of Notaries in carrying out their duties, must act in a trustworthy, honest, fair, independent, impartial manner and protect the interests of the parties involved in legal acts. This type of research is normative juridical using 3 (three) types of approaches, namely the statutory approach, the conceptual approach and the comparative approach. Based on the results of the study, it can be concluded that Notaries are required to apply the Principle of Recognizing Service Users (PMPJ) as part of implementing the principle of prudence, at least including identification of Service Users, verification of Service Users and monitoring of Service User transactions. This application applies to Notaries in providing services when preparing and conducting transactions for the benefit of or for and on behalf of Service Users, regarding the purchase and sale of property, management of money, securities, and/or other financial service products, management of checking accounts, savings accounts, deposit accounts, and/or securities accounts, operation and management of companies and/or establishment, purchase, sale of legal entities. Notaries can implement applications such as Data Banks for their parties who will create PPJB Deeds and Powers of Attorney for Sale and Purchase that are in accordance with KTP and KK, so as to minimize the occurrence of money laundering. Especially related to land, the land ownership limit must not exceed 20 hectares + 5 hectares.
Legal Certainty of Grondkaart as Proof of Control of PT. Kereta Api Indonesia (PERSERO) in the Implementation of Land Registration Anugrah Ganda Mahardika; Aan Efendi; Ainul Azizah
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 9 No 1 (2026): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Grondkaart is administrative evidence that records the ownership of railway land in the past. However, the unclear legal status of Grondkaart has given rise to various conflicts that often end up in court. There is legal uncertainty regarding land rights in the form of overlapping other rights issued above Grondkaart or land rights that are only based on Grondkaart itself. Critical evaluation of existing regulations and identification of problems from previous case studies will provide a strong foundation for formulating recommendations for improvement and refinement of the concept in order to ensure legal certainty. The research method used is normative legal research, namely, research on legislation, court decisions, and legal doctrines to understand positive law and resolve legal issues. The results of this study indicate that the Grondkaart has a strategic function as initial evidence of land ownership by PT. KAI (Persero), but its legal certainty will only be realized if the registration or conversion process of rights has been carried out in accordance with the provisions of laws and regulations. The Grondkaart cannot be used as the only legitimate basis for proving ownership in the land registration system in Indonesia. In order to maximize the transitional function of the Grondkaart as a basis for temporary recognition, the government needs to issue a policy that clearly explains its legal status within the framework of rights conversion. This can be done through the technical guidelines of the Ministry of ATR/BPN, which regulate the procedure for integrating historical documents into the national land registration system. Efforts are also needed to increase factual verification of physical control in the field, including the involvement of the community and interested parties. Thus, proof based on the Grondkaart becomes more objective, transparent, and in accordance with the precautionary principle in the national land registration system.