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All Journal AKADEMIK: Jurnal Mahasiswa Humanis Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Journal of Innovative and Creativity Jurnal Penelitian dan Pengkajian Ilmiah Corpus Juris : Jurnal Ilmu Hukum
Khoirul Anwar
Universitas Jayabaya
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Responsibility Of Land Deed Officials In Preparing Sale Deeds Who Are Proven To Commit Crimes With Land Mafia Tody Adi Pratama; Anriz Nazaruddin Halim; Khoirul Anwar
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.6078

Abstract

The study purpose was to analyze the legal consequences arising from a deed of sale and purchase made by a Land Deed Making Officer (Pejabat Pembuat Akta Tanah/PPAT) who is proven to have committed a criminal act in collaboration with the land mafia, as well as to examine the scope of legal responsibility borne by the PPAT for such actions. This study highlights that errors committed by a PPAT, whether intentional or due to negligence, may contain criminal elements, particularly in cases involving falsified documents or the inclusion of false information in an authentic deed. The discussion is grounded in the theory of legal consequences proposed by Soeroso and the theory of legal responsibility developed by Hans Kelsen, which emphasize the linkage between unlawful acts and legal accountability. Materials and methods. This research employs a normative legal research method with a library research approach, relying on secondary data sources. The legal materials consist of primary legal materials in the form of legislation and court decisions, secondary legal materials including legal doctrines, books, and scholarly journals, as well as tertiary legal materials. The approaches used in this study include the statutory approach, the case approach, and the analytical approach. Data collection was conducted through identification and inventory of relevant legal norms and authoritative legal literature. Results. The findings indicate that a PPAT who is proven to have committed a criminal act in the performance of official duties may be subject to administrative sanctions imposed by the Minister, ranging from temporary suspension to honorable or dishonorable dismissal. In addition, the PPAT may incur criminal liability under Article 266 of the Indonesian Criminal Code due to the presence of malicious intent manifested in false statements within an authentic deed. Conclusions. The involvement of a PPAT in land mafia practices results in serious administrative and criminal consequences and undermines legal certainty in land administration, thereby necessitating strict professional integrity and compliance with applicable laws.
Perlindungan Hukum terhadap Konsumen  atas Perjanjian Pengikatan Jual Beli Berdasarkan Klausula Baku Yudika Bagus Prayoga; Dhoni Martien; Khoirul Anwar
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i1.2321

Abstract

Discussion on legal protection for consumers regarding sales and purchase agreements based on standard clauses. The research was conducted using normative juridical methods. The results of the research concluded that legal protection for house sales and purchase agreements using standard clauses is that sales and purchase agreements that are usually made before the Deed of Sale and Purchase, can be canceled on the condition that the parties must know and agree with each other who will bind themselves in the agreement by including a clause that will override Article 1266 of the Civil Code, so that the conditions for canceling the PPJB can be carried out without the need for a judge's approval in court.
Kepastian Hukum Atas Penerbitan Sertipikat Yang Berasal Dari Tanah Bekas Milik Adat Yang Datanya Dalam Letter C Diubah  Oleh  Kepala Desa   Pada Saat Menjabat Kamaludin; Anriz Nazaruddin Halim; Khoirul Anwar
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 7 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Juli 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i7.2806

Abstract

Discussion regarding legal certainty regarding the issuance of certificates originating from former customary land whose data in letter c was changed by the village head while in office. The method used in the research is a normative legal research type, namely library legal research or secondary data with primary, secondary and tertiary legal materials. The results of the research on legal certainty regarding the issuance of certificates originating from former customary land whose data in Letter C was changed by the village head while in office that the issuance of land title certificates originating from former customary land based on Letter C in principle depends on the validity of physical data and legal data which are the basis for the land registration process. Land title certificates are strong evidence regarding ownership of land rights, but the strength of their proof still depends on the validity of the issuance process, so if the issuance of certificates is based on unauthorized changes in village administrative data, then the certificate has the potential to cause disputes and can even be canceled through a court decision.
Kepastian Hukum Hibah Wasiat atas Tanah kepada Ahli Waris yang Bersengketa dalam Perspektif Hukum Perdata Pangeran J. M. Somalay; Anriz N. Halim; Khoirul Anwar
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 2 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i2.1997

Abstract

Disputes over testamentary grants of land frequently arise due to unclear execution and insufficient protection of other heirs’ rights, leading to legal uncertainty. This study aims to examine the legal consequences of disputed testamentary grants of land and to analyze the realization of legal certainty within such disputes from a civil law perspective. The research employs a normative juridical method using statutory, conceptual, analytical, and case approaches. Legal materials consist of primary, secondary, and tertiary sources, analyzed through grammatical and systematic interpretation, supported by the theories of legal certainty and legal consequences. The results indicate that disputed testamentary grants may result in the degradation of evidentiary strength of the deed, potential claims for annulment by disadvantaged heirs, and uncertainty regarding land ownership status. Legal certainty can be achieved through the proper drafting of testamentary deeds in accordance with legal procedures, clear formulation of the grant, registration of land title transfer, and the protection of heirs’ compulsory shares. This study contributes by emphasizing the importance of integrating procedural compliance with substantive fairness to minimize inheritance disputes and strengthen legal certainty in land-related testamentary practices.
KEKUATAN PEMBUKTIAN PERDATA ATAS MINUTA AKTA YANG HILANG DAN IMPLIKASINYA TERHADAP TANGGUNG JAWAB NOTARIS Intan Aulia Sari; Wira Franciska; Khoirul Anwar
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2923

Abstract

The existence of a minute deed as the original document in the notarial protocol is an essential element in maintaining the authenticity of a notarial deed. The loss of a minute deed in practice creates legal uncertainty regarding the evidentiary force of the deed and has implications for notary liability. The issues raised in this study are: how is the civil evidentiary force of a lost minute deed, and how is the notary's liability for the loss of a minute deed. The theories used as analytical tools are the evidentiary theory of R. Subekti and the legal liability theory of Hans Kelsen.This research employs a normative legal research method, namely library-based legal research using secondary data sources consisting of primary, secondary, and tertiary legal materials. The research approaches used are the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. Legal materials were collected by identifying and inventorying positive legal rules, literature, journals, and other legal sources. The analysis was conducted using grammatical interpretation, systematic interpretation, and legal construction methods, including analogy construction and legal refinement. The research findings reveal that the loss of a minute deed affects the position of a notarial deed as authentic evidence because the external, formal, and material evidentiary aspects cannot be optimally fulfilled. The absence of a minute deed prevents the deed from being verified for its authenticity and may reduce its evidentiary value in court. Furthermore, a notary has a legal obligation to preserve and maintain minute deeds as part of the notarial protocol. Negligence resulting in the loss of a minute deed may lead to administrative, civil, or criminal liability depending on the legal consequences arising from such loss
Perlindungan Hukum Anak Luar Kawin yang Mendapat Wasiat Terkait Sengketa dengan Anak Sah Menurut Hukum Perdata Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6732

Abstract

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.
Perlindungan Hukum terhadap Pemilik Tanah Terkait Sengketa Kompensasi yang Dibayar Tidak Sesuai dengan Luas Tanah Bagi Pembangunan Jalan Tol Andrea Rahmadani; Yurisa Martanti; Khoirul Anwar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6825

Abstract

The construction of toll roads in Indonesia often causes land acquisition disputes, especially related to compensation for remaining land that is no longer productive. Although Article 65A paragraph (1) of Government Regulation No. 39 of 2023 provides the right for the community to demand compensation for the remaining land, practice on the ground shows a discrepancy between normative rights and the realization of compensation. This research uses a normative legal approach with legislative, conceptual, analytical, and case study methods, and refers to Dean G. Pruitt's Dispute Resolution Theory and Philipus M. Hadjon's Legal Protection Theory. The results of the study show that the non-litigation resolution mechanism (problem solving) is often ineffective due to the lack of education and facilitation from the authorities, so that people tend to take the path of litigation (contending) to fight for their rights. This condition reflects the weak legal protection for people affected by national strategic projects. Therefore, it is necessary to strengthen legal education for the community and revise Government Regulation No. 39 of 2023 to include compensation for the remaining land that has lost its use value. This revision is important to ensure substantive justice and prevent the escalation of disputes. This research contributes to the development of a more responsive and equitable land acquisition policy, as well as encourages synergy between regulations, education, and effective dispute resolution mechanisms in the context of national infrastructure development.
Kepastian Hukum Atas Kekuatan Pembuktian Akta Notaris yang Disangkal dalam Proses Peradilan Elena Kristianto; Erny Kencanawati; Khoirul Anwar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6854

Abstract

Notarial deeds as authentic instruments hold a crucial role in Indonesia’s civil law evidence system, providing perfect proof under Article 1868 of the Civil Code. However, in practice, such deeds are often denied by one party in court, raising debates about the certainty of their evidentiary power. This study examines the legal consequences of denying a notarial deed for the parties in litigation and the assurance of legal certainty for those holding such deeds. Using R. Soeroso’s Theory of Legal Consequences and Jan Michael Otto’s Theory of Legal Certainty, this normative juridical research employs statutory, conceptual, analytical, and case approaches, with literature-based data collection and interpretative legal analysis. The findings reveal that denial of a notarial deed may create new legal relationships, alter good-faith relations into disputes, and result in sanctions imposed by court rulings. Meanwhile, legal certainty remains guaranteed, as authentic deed regulations are clear, binding, and enforceable, serving as a guideline in resolving disputes and upholding sanctions.  
Co-Authors Andrea Rahmadani Anriz N. Halim Anriz Nazaruddin Halim Dhoni Martien Elena Kristianto Erny Kencanawati Felicitas Sri Marniati Intan Aulia Sari Kamaludin Mufidatul Ahada Pangeran J. M. Somalay Tody Adi Pratama Wira Franciska Yudika Bagus Prayoga Yurisa Martanti