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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES YURISDIKSI : Jurnal Wacana Hukum dan Sains
Hanif Nur Widhiyanti
Faculty of Law, Brawijaya University Malang, Indonesia
Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Interpretation of Honorariums and Free Services by PPAT in Land Registration Riki Eri Setyo; Hanif Nur Widhiyanti; Arini Jauharoh
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25056

Abstract

This study examines the normative interpretation of the terms “honorarium” and “services without charging fees” under Article 32 of PP No. 24/2016 and Permen ATR/BPN No. 33/2021. Using a normative juridical method with statutory and conceptual approaches, the research explores legal ambiguities in PPAT obligations, especially in digital land services outside the deed-making process. Findings reveal a regulatory vacuum that creates unequal treatment for PPATs and the poor, with unclear implementation boundaries and unjust workloads. The study proposes a normative interpretation model that aligns doctrine with practical conditions, emphasizing distributive and procedural justice. It recommends regulatory reform to classify service types, define reasonable honorariums, and ensure legal protection for all parties in digital land administration.
Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law Firda Shafira; Hanif Nur Widhiyanti; Stephanie Wilamarta
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.335

Abstract

The development of digital technology has given rise to crypto assets as a new form of digital wealth with economic value and can be legally traded in Indonesia, based on Bappebti regulations. However, their legal status as fiduciary collateral remains controversial because Indonesian property law does not fully accommodate intangible assets such as crypto assets. This study aims to analyze the feasibility of crypto assets as fiduciary collateral from the perspective of Indonesian positive law, using normative juridical research methods through legislative and conceptual approaches. The results show that functionally, crypto assets fulfill the characteristics of objects in collateral law, as they have economic value, can be legally transferred, and can be used as a basis for debt repayment. However, the lack of a mechanism for registration, assessment, and execution of digital collateral creates legal uncertainty in financing practices. Comparisons with other countries such as Switzerland, the United States, and Singapore indicate that the successful recognition of crypto assets as collateral depends heavily on a clear legal framework governing ownership protection and oversight mechanisms. In the Indonesian context, Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK) provides an opportunity for reform by expanding the authority of the Financial Services Authority (OJK) in regulating digital financial assets. Therefore, harmonization of the Civil Code, the Fiduciary Guarantee Law, the P2SK Law, and Bappebti regulations is necessary to ensure that crypto assets can be legally and effectively accommodated as collateral. With appropriate regulations, national law will be able to adapt to digital innovation without sacrificing the principles of legal certainty, justice, and expediency.
Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations Firlia Nurani Rakhma; Hanif Nur Widhiyanti; Tri Sulistiowarni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.342

Abstract

This study examines the legal implications and urgency of setting priority criteria for the offering of Special Mining Business License Areas (WIUPK) to Religious Community Organization-Owned Enterprises (BU-OMK) as stipulated in Article 83A of Law Number 3 of 2020 and Article 75 of Government Regulation Number 96 of 2021. The main focus of the study lies in the lack of norms governing priority parameters, including aspects of feasibility, operational capacity, and verification mechanisms for BU-OMK. Using a normative juridical method based on analysis of laws and regulations and the principles of good mining governance, this study finds that this lack of regulation creates legal uncertainty and opens up broad scope for interpretation for decision-makers. As a result, there is potential for unequal treatment, conflicts of interest, and abuse of power in the process of granting WIUPK. This study also shows that giving priority to BU-OMK is a form of positive discriminatory policy (affirmative discrimination) that is theoretically justifiable, as long as it is implemented through a proportional, objective, and accountable mechanism. However, without clear priority criteria-including legality of the business entity, financial capability, technical capacity, environmental protection assurance, and governance integrity—this policy risks inefficiency and potential irregularities, including the use of BU-OMK as intermediaries for certain interests (beneficial ownership risks). Therefore, this study emphasizes the need for the establishment of comprehensive, auditable derivative regulations that align with the principles of government administrative law to ensure the effectiveness, accountability, and sustainability of the WIUPK bidding policy.
Co-Authors Arini Jauharoh Firda Shafira Firlia Nurani Rakhma Riki Eri Setyo Stephanie Wilamarta Tri Sulistiowarni