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JURIDICAL ANALYSIS OF LEGAL CIRCUMVENTION PRACTICES IN LAND OWNERSHIP TRANSACTIONS BY FOREIGN CITIZENS THROUGH NOMINEE AGREEMENT MECHANISMS IN INDONESIA Maniah; Erniyanti; Soerya Respationo; Tartib
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3678

Abstract

This study examines notarial practice challenges in archipelagic regions through a comprehensive case study of Batam City, Indonesia, which serves as a unique example of an archipelagic special economic zone with significant cross-border commercial activity. The research employed mixed-methods methodology including in-depth interviews with 15 practicing notaries, focus group discussions with diverse client groups, and quantitative analysis of 384 notarial transaction records spanning 2019-2024. The findings reveal four primary challenges systematically affecting service delivery: geographical constraints causing average service delays of 2.8 days for island-based clients versus 0.6 days for urban clients; regulatory complexity with 89% of notaries reporting uncertainty about applicable legal frameworks among 47 potentially relevant regulatory provisions; technological limitations where only 23% of offices provide basic digital tools despite 82% of clients expecting digital services; and access disparities with island-based clients comprising merely 18% of service users while representing 31% of registered businesses. Statistical analysis demonstrates significant economic implications, showing that each additional day of notarial processing time correlates with a 1.2% decrease in investment completion probability, while transportation costs add 15-20% to total service expenses for island clients, creating systematic inequalities in legal service access. Professional development deficiencies further compound these operational challenges, with 71% of notaries feeling inadequately prepared for the complex regulatory environment they encounter in special economic zone practice. The research recommends four critical interventions: regulatory harmonization through integrated frameworks clarifying relationships between national notarial law and special economic zone requirements; controlled technology adoption programs enabling secure remote notarization while maintaining legal authenticity; restructured professional development programs addressing specialized knowledge needs of archipelagic practice; and innovative service delivery solutions including mobile notarial services and satellite offices to improve geographical accessibility. These findings contribute significantly to understanding legal service delivery in geographically challenging contexts and provide evidence-based foundations for comprehensive policy reform that could transform Indonesia's archipelagic geography from a barrier into a competitive advantage through context-specific innovations in notarial practice..
LEGAL ANALYSIS OF THE IMPLEMENTATION OF ELECTRONIC CERTIFICATES IN LAND ADMINISTRATION TO SUPPORT SMART LAND GOVERNANCE (RESEARCH STUDY AT THE TANJUNGPINANG CITY LAND OFFICE) Sella Natasha; Laily Washliati; Maniah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4089

Abstract

The digitization of land administration through the implementation of electronic certificates is part of the government's efforts to realize smart land governance in Indonesia. The city of Tanjungpinang was chosen as the location for this study because it is one of the regions that has implemented the electronic certificate program in accordance with Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. However, implementation in the field still faces a number of obstacles, both in terms of regulations, technicalities, and the readiness of human resources and service users. This study aims to analyze: (1) legal regulations regarding electronic certificates in land administration in Tanjungpinang City, (2) the implementation of electronic certificates in land administration practices, and (3) the contribution of the application of electronic certificates to increasing transparency, efficiency, and accountability of land governance based on smart land governance. The research method used is a descriptive qualitative approach with data collection techniques through literature study, in-depth interviews, observation, and documentation. The research subjects include officials and employees of the Tanjungpinang City Land Office, notary staff, and users of electronic land services. The analysis was conducted by comparing the regulatory framework with the reality of implementation in the field. The results show that although the legal basis for the implementation of electronic certificates is clear, its implementation still faces significant challenges, including limited technological infrastructure, low digital literacy among the public, lack of inter-agency integration, and dualism between manual and electronic procedures. Nevertheless, electronic certificates are considered to have great potential in improving the transparency, efficiency, and accountability of land governance. In order to achieve the goal of smart land governance, it is necessary to strengthen operational regulations, increase human resource capacity, develop equitable digital infrastructure, and conduct intensive public outreach.
LEGAL ANALYSIS OF CHILDREN'S RIGHTS FROM SIRI MARRIAGES (CASE STUDY IN BATAM CITY) Fitri Sembiring Milala; Ali Amran; Maniah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4092

Abstract

Unregistered marriages are still a common phenomenon in Batam City, causing serious impacts on the status and legal protection of children. Because these marriages are not recognized, children lose their basic rights such as identity, financial support, inheritance, and proper education. This problem is not only individual in nature, but has become a widespread social issue, exacerbated by the high population dynamics in Batam, which are characterized by urbanization, population mobility, and cultural heterogeneity, all of which influence marriage practices in society.This study aims to analyze the legal arrangements for children from unregistered marriages according to Indonesian positive law, the implementation of the rights of children from unregistered marriages in Batam City, and to identify relevant obstacles and solutions. The research focuses on how existing regulations, such as Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law, are applied in the field and the challenges faced in ensuring the fulfillment of these children's rights. The research method used is a normative and empirical juridical approach.  Data was obtained through an in-depth literature study of legislation and legal doctrine, as well as direct interviews with key informants such as judges from the Religious Court and District Court, the Head of Civil Registration Services at the Batam City Population and Civil Registration Office, and couples who had entered into unregistered marriages. This approach allowed for a comprehensive analysis of the applicable legal norms and the social reality in the field. The research results suggest that the Batam City Government and related agencies should strengthen the protection of children born from unofficial marriages through clear regional policies, administrative sanctions, and simple child recognition procedures. The implementation of children's rights needs to be strengthened through legal socialization, integrated services, community leader involvement, and outreach programs in areas with low registration rates to ensure that every child receives proper recognition and protection.