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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Ilmu Hukum
Samuel F. B. Situmorang
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Penerapan Prinsip Free, Prior, And Informed Consent oleh Direksi dalam Investasi Berbasis Sumber Daya Alam Nababan, Natal Frantomas; Anggusti, Martono; Samuel F. B. Situmorang
Jurnal Ilmu Hukum Vol. 15 No. 1 (2026): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/vxm3kv76

Abstract

This article aims to analyze the position and implementation of the principle of Free, Prior, and Informed Consent (FPIC) in forestry business activities that intersect with the rights of indigenous peoples, and examine its relationship with the principles of Good Corporate Governance and the fiduciary obligations of directors in managing legal and social risks. The main issues discussed are the extent to which the national legal system substantively accommodates FPIC and how fragmented norms and weak institutional coordination hinder its implementation in practice. This research uses normative legal research methods with legislative, conceptual, and case study approaches to examine the relationship between international standards, national legal frameworks, and corporate practices in the forestry sector. The main findings indicate that FPIC in the national legal system is still partially constructed and tends to be reduced to a formalistic consultation mechanism, so it does not yet function as a substantive agreement that provides an equal bargaining position for indigenous peoples. This condition is exacerbated by regulatory fragmentation and weak institutional coordination, which leads to a lack of synchronization between the licensing process and the recognition of indigenous territories. This article contributes to strengthening the argument for the need to strengthen legal substance, institutional structures, and legal culture so that corporate governance in the forestry sector is more equitable, sustainable, and respects the rights of indigenous peoples.
Analysis of Legal Protection for Buyers in the Transfer of Apartment Unit Rights Prior to the Signing of the Deed of Sale and Purchase Veronika Waruwu; Martono Anggusti; Samuel F. B. Situmorang
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66108

Abstract

The increasing demand for housing in urban areas has encouraged the development of apartment buildings as an alternative solution to meet residential needs. In practice, transactions for the sale and purchase of apartment units are often conducted before the completion of construction through a Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB), which raises legal issues related to ownership certainty and legal protection for buyers. This study aims to analyze the legal regulations governing ownership and the transfer of rights to apartment units, as well as to assess the binding force of the PPJB as an instrument of legal protection for buyers prior to the execution of the Deed of Sale and Purchase (Akta Jual Beli/AJB). This research employs a normative legal research method using a statutory approach and a conceptual approach. The analysis is conducted qualitatively on primary, secondary, and tertiary legal materials. The results indicate that legal ownership of apartment units arises juridically only after the fulfillment of legal requirements, including the completion of construction, the separation of apartment units, the execution of the Deed of Sale and Purchase before a Land Deed Official, and the issuance of a certificate in the buyer’s name. The PPJB merely creates a personal legal relationship and therefore does not transfer proprietary rights to the buyer. Consequently, in cases where the developer defaults or becomes bankrupt, buyers who only hold a PPJB are positioned as concurrent creditors and do not possess preferential rights over the bankruptcy estate. These findings demonstrate the limitations of legal protection for apartment buyers at the pre-AJB stage, highlighting the need for stronger regulatory measures to ensure legal certainty and consumer protection in apartment transactions.
Co-Authors Martono Anggusti Nababan, Natal Frantomas Veronika Waruwu