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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Lex Publica
Suratman
Universitas Islam Malang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Effectiveness of E-Litigation Implementation on Case Settlement: Evidence from the Malang City Religious Court Supriadi; M. Muhibbin; Suratman
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.281

Abstract

This study discusses the effectiveness of the implementation of Supreme Court Regulation Number 1 of 2019, as amended by Supreme Court Regulation Number 7 of 2022, concerning Case Administration and Trials in Courts Electronically (e-Litigation). The research focuses on case settlement at the Malang City Religious Court. Using an empirical juridical approach, this study examines the implementation of e-Litigation before and after the regulatory changes, along with the obstacles encountered and efforts made for improvement. The findings indicate that the implementation of e-Litigation has had a positive impact by simplifying processes, improving time efficiency, reducing litigation costs, and enhancing transparency. However, challenges such as limited public understanding of digital systems, inadequate infrastructure, and legal cultural barriers still hinder full effectiveness. Based on the theory of legal effectiveness, the implementation of e-Litigation in Malang City shows a promising direction of development, although it is not yet fully optimal. Strengthening public education, increasing digital legal literacy, and adapting community legal culture are necessary to ensure that the system can operate more efficiently and accountably.
A Legal Review of The Principle of Legal Certainty in The Use of Certificates of Ownership As Collateral For Loans in Conventional Banking Tia Pradipta Sasnindyah Ari; Diyan Isnaeni; Suratman; Febriana Nur Widyaningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to examine the principle of legal certainty, particularly as it relates to Certificates of Ownership (SHM) as collateral for loans in conventional banking. This study falls under the category of normative legal research and employs two main approaches: the conceptual approach and the statutory approach. The findings of this study indicate that the legal conception of the principle of legal certainty regarding SHM as credit collateral in conventional banking is robust and guaranteed through the integration of the land registration system, as mandated by the Land Law (UUPA), and the system of real property collateral, as mandated by the Law on Real Property (UUHT). In practice, the use of SHM as credit collateral often encounters various normative obstacles that have the potential to hinder the hierarchical application of the principle of legal certainty. The normative obstacles in question include: (1) inconsistencies between the UUHT No. 4 of 1996 and Government Regulation No. 24 of 1997; (2) regulatory inconsistencies regarding the droit de suite (right of follow-up) and the procedures for the transfer of rights; and (3) normative obstacles arising from the dualism of enforcement mechanisms under the UUHT versus the HIR/RBg in civil procedure law.
Co-Authors Diyan Isnaeni Febriana Nur Widyaningsih M. Muhibbin Supriadi Tia Pradipta Sasnindyah Ari