INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES
International Journal on Language, Research and Education Studies (IJLRES), published by English Language Center, Faculty of Education and Teachers Training, State Islamic University (UIN) of North Sumatra, Medan - Indonesia is an open access journal that can be used as the medium of interaction for all scholars in the range of Language, Research and Education Studies.
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<![CDATA[Reconceptualizing Fiduciary Guarantee Execution After Indonesia’s Constitutional Court Ruling ]]>
<![CDATA[Fitri, Tita Jiwanty]]>;
<![CDATA[Djumikasih, Djumikasih]]>;
<![CDATA[Herlindah, Herlindah]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25054
<![CDATA[The Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 71/PUU-XIX/2021 have reshaped the legal framework of fiduciary guarantee execution in Indonesia by mandating court involvement and debtor consent in cases of default. This study examines the legal reasoning behind these decisions and their implications for the executorial nature of fiduciary certificates. Using a normative legal research method with statutory and conceptual approaches, the research finds that these rulings redefine fiduciary certificates from self-executing instruments to legal documents requiring judicial validation. While this shift enhances procedural justice and debtor protection, it also undermines the efficiency of extrajudicial enforcement, which has been a core feature of fiduciary law. The transformation introduces legal uncertainty for creditors relying on the swift enforcement previously granted by fiduciary titles. The findings suggest the need for a normative reconstruction of the fiduciary execution mechanism to harmonize constitutional values, procedural fairness, and the principle of legal certainty.]]>
<![CDATA[Legal Assessment of the Expiration of Evidence of Customary Land Ownership ]]>
<![CDATA[Octavia, Elfira Zahwa]]>;
<![CDATA[Masykur, Mohammad Hamidi]]>;
<![CDATA[Fadli, Moh]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25405
<![CDATA[This article examines the legal uncertainty faced by holders of written evidence of former customary land ownership in Indonesia following Article 96(2) of Government Regulation No. 18 of 2021, which invalidates such documents five years after the regulation’s enactment. Framed within a normative juridical method and conceptual approach, this study analyzes constitutional principles, statutory law, and selected international instruments to assess the impact of the regulation on Indigenous peoples' rights. The lack of transitional mechanisms, such as extended validity periods or community-based evidentiary alternatives, creates legal exclusion and deepens structural inequality—particularly in rural areas where state-recognized documentation is rarely accessible. While the regulation aims to standardize land certification, it risks violating procedural fairness, legitimate expectations, and the protection of property rights as guaranteed by Articles 18B(2) and 28G(1) of the 1945 Constitution. The article argues that agrarian policy reform must adopt a rights-based and restorative framework, capable of accommodating non-formal, community-rooted proofs of ownership to uphold justice and inclusivity within Indonesia’s plural legal system.]]>
<![CDATA[Urgency of Regulation on Bankruptcy Applicants for Regional Public Companies ]]>
<![CDATA[Rozaan, Thufail]]>;
<![CDATA[Sukarmi, Sukarmi]]>;
<![CDATA[Dewantara, Reka]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25404
<![CDATA[The absence of a clear legal framework governing the authority to initiate bankruptcy proceedings against Regional Public Companies (Perusahaan Umum Daerah, or Perumda) has resulted in a normative gap that undermines legal certainty and institutional accountability. This article explores the urgency of establishing a new normative order (ius constituendum) concerning eligible bankruptcy petitioners against Perumda by critically examining its legal standing within Indonesia’s economic and public law system. Employing a normative juridical method that integrates statutory and conceptual approaches, this research applies systematic and grammatical interpretations to relevant primary and secondary legal sources. The findings reveal that the lack of explicit legal norms not only exposes Perumda to arbitrary actions and potential misuse of authority but also jeopardizes creditor protection and public service continuity. The study concludes by advocating for a firm regulatory framework that delineates clear procedural safeguards, thereby reinforcing the function of law as an instrument of justice and public interest protection.]]>
<![CDATA[Legal Interpretation of Honorariums and Free Services by PPAT in Land Registration ]]>
<![CDATA[Setyo, Riki Eri]]>;
<![CDATA[Widhiyanti, Hanif Nur]]>;
<![CDATA[Jauharoh, Arini]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25056
<![CDATA[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.]]>
<![CDATA[Legal Politics of Investment Screening in Indonesia’s Foreign Investment Reform ]]>
<![CDATA[Rahmah, Sherina Azkia]]>;
<![CDATA[Sihabudin, Sihabudin]]>;
<![CDATA[Dewantara, Reka]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25695
<![CDATA[This study aims to examine the significance and regulatory models of investment screening mechanisms in the context of Indonesia's legal and political framework for foreign investment. Employing a normative juridical method combined with a political-legal approach, this research critically analyzes the growing global trend of screening foreign direct investment (FDI) to safeguard national interests. The study finds that Indonesia has yet to establish a coherent legal basis for investment screening, despite increasing strategic and security risks associated with uncontrolled FDI inflows. The absence of a legal framework creates vulnerability in upholding national economic sovereignty and managing foreign capital with precautionary oversight. The research concludes that reforming Indonesia’s investment policy is imperative, not only to ensure regulatory consistency but also to build a national mechanism capable of assessing the potential impacts of foreign investment on strategic sectors. Establishing such a screening regime would align Indonesia with global best practices while preserving its autonomy in economic governance.]]>
<![CDATA[The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations ]]>
<![CDATA[Nasrudin, Zaldi]]>;
<![CDATA[Noerdajasakti, Setiawan]]>;
<![CDATA[Istiqomah, Milda]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25454
<![CDATA[Corruption causes measurable state financial losses, making restitution a critical component of Indonesia's criminal justice system. Although mechanisms such as restitution and asset forfeiture are regulated under the Corruption Eradication Law, their implementation faces significant obstacles, including limited technical provisions, difficulties in tracing the origin of assets, and reliance on court decisions with permanent legal force. This study employs a normative juridical method to examine the regulatory framework governing restitution and its effectiveness in recovering state assets. The findings reveal that the absence of clear standards for calculating and enforcing restitution hampers legal consistency and weakens the recovery process. The study concludes that a reformulation of restitution policy is essential to ensure legal certainty and to transform restitution into an effective tool for restoring real state losses.]]>
<![CDATA[The Urgency of Electronically Storing Notary Protocol Archives Documents in the Concept of Progressive Law in Indonesia ]]>
<![CDATA[Fitrianingrum, Dana Ayu]]>;
<![CDATA[Setia Negara, Tunggul Anshari]]>;
<![CDATA[Wisnuwardhani, Diah Aju]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.25524
<![CDATA[The development of information technology has encouraged transformation in the practice of notarial administration, including the urgency of digitizing notary protocol storage. This research aims to analyze the legal needs of the e-documents storage system in a progressive legal perspective, emphasizing the regulatory vacuum and the urgency of norm reconstruction. Using a normative juridical approach and qualitative analysis of legal documents as well as the results of previous studies, it is found that the absence of explicit regulation in the Notary Office Law regarding digital archives creates legal uncertainty and evidentiary risks. This study argues that electronic-based storage of notarial protocols should be recognized as a normative necessity in line with the principles of expediency and legal certainty. The conclusion of this study confirms the importance of new regulations that provide legitimacy to notary e-documents as part of the state's responsibility in realizing efficient, fair, and accountable legal services.]]>
<![CDATA[Consumer Protection Analysis of the Use of Underhand PPJB in Pre Project Selling of Apartments ]]>
<![CDATA[Sasmitaningrum, Dini]]>;
<![CDATA[Widhiyanti, Hanif Nur]]>;
<![CDATA[Anggraini, Erna]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.26234
<![CDATA[This study examines the form of legal protection for apartment buyers through the pre-project selling (PPS) system that uses an underhand sale and purchase agreement (PPJB), a practice that is commonly carried out before the administrative and technical requirements as stipulated in the Apartment Law are fulfilled. The objectives of this study are to analyze the position and evidentiary strength of private PPJBs, the scope of developer liability in the event of default, and to assess whether the waarmerking mechanism is capable of providing adequate protection for consumers. Using a normative juridical research method through a legislative and analytical approach, this study assesses the gap between normative provisions and PPS practices in the field. The results of the study show that private PPJBs, although valid according to Article 1320 of the Civil Code, do not provide legal certainty because they are not verified by a notary and are often used before the fulfillment of permits and construction guarantees, thereby weakening the bargaining position of consumers in the event of project stalling or delays. This study concludes that the normative vacuum in Article 43 of the Apartment Law and the absence of sanctions against non-notarial PPJB create structural vulnerabilities, thus requiring regulatory strengthening, notarial PPJB obligations, and more effective preventive protection mechanisms.]]>
<![CDATA[Protection of Third Party Preferential Rights in the Confiscation of Corruption Crime Assets in Indonesia ]]>
<![CDATA[Purwandari, Rini]]>;
<![CDATA[Hadiyantina, Shinta]]>;
<![CDATA[Sugiri, Bambang]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.26000
<![CDATA[Corruption in Indonesia is not only understood as a criminal act that harms state finances, but also as a violation of human rights, especially when assets resulting from corruption are confiscated but are found to be controlled by third parties acting in good faith. This study aims to analyze the meaning of legal regulations related to the protection of third-party preferential rights and to formulate an ideal regulatory concept for the future. Using a prescriptive-analytical normative juridical method, this study examines legislative approaches, case studies, and court decisions. The results show that the existing legal framework, including the PTPK Law and Supreme Court Regulation No. 2 of 2022, does not provide comprehensive guarantees for the rights of third parties. The case studies of Bank Jatim and PT Sritex reveal a legal vacuum in practice, where legitimate secured creditors remain vulnerable when assets are confiscated. This study concludes that without clear and synchronized regulations, asset seizure has the potential to create new injustices, undermine public trust, and disrupt legal certainty in economic activities. Therefore, the reconstruction of more adaptive and transparent regulations is an urgent need to balance the interests of the state in asset recovery and the protection of bona fide third parties.]]>
<![CDATA[Legal Considerations of the Notary Supervisory Board Regarding the Concept of Carefulness and Legal Consequences For Deeds Made Based on False Information ]]>
<![CDATA[Taufiqi, Ahmad Wildani]]>;
<![CDATA[Sulistyarini, Rachmi]]>;
<![CDATA[Laila, Fathul]]>
<![CDATA[ INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress ]]>
Publisher : <![CDATA[State Islamic University of North Sumatra Indonesia ]]>
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DOI: 10.47006/ijlres.v9i2.26548
<![CDATA[This research examines the legal responsibility of notaries for authentic deeds made based on false statements from the perspective of the Regional Supervisory Council of Southeast Sulawesi. The main issues explored are how the MPW interprets the phrase "careful and thorough" in Article 16 paragraph (1) letter (a) of the Notary Act and how such interpretation affects the validity of deeds and the notary's legal liability. The study employs a normative juridical method using statutory, conceptual, and analytical approaches that link positive legal norms with MPW Decision No. 6/PTS/MPWN_Prov.Sultra/I/2025 jo 04/PTS/MPWN_Prov.Sultra/VI/2025. Findings indicate that the MPW considers the notary's failure to verify documents and parties' identities as culpa lata (gross negligence), rendering the deed invalid as an authentic instrument. The results demonstrate that the prudential principle in notarial practice functions not merely as an administrative norm but as an ethical-professional standard that ensures the integrity of authentic deeds. The study highlights the urgency of establishing a Code of Prudence as a standardized ethical assessment tool to strengthen supervision, prevent inter-council disparities, and balance public protection with professional security.]]>
