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Sumatera utara
INDONESIA
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES
Published by Universitas Islam Negeri Sumatera Utara
ISSN : 25806777     EISSN : 25806785     DOI : -
Core Subject : Education,
Education Languange, Linguistic, Communication & Media
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.
Arjuna Subject : -
Articles 150 Documents
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Urgency of Regulation on Bankruptcy Applicants for Regional Public Companies Rozaan, Thufail; Sukarmi, Sukarmi; Dewantara, Reka
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25404

Abstract

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.
Legal Interpretation of Honorariums and Free Services by PPAT in Land Registration Setyo, Riki Eri; Widhiyanti, Hanif Nur; Jauharoh, Arini
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
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.
Legal Politics of Investment Screening in Indonesia’s Foreign Investment Reform Rahmah, Sherina Azkia; Sihabudin, Sihabudin; Dewantara, Reka
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25695

Abstract

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.
The Concept of State Financial Loss Recovery Reviewed from the Perspective of the Judex Factie Court's Considerations Nasrudin, Zaldi; Noerdajasakti, Setiawan; Istiqomah, Milda
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25454

Abstract

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.
The Urgency of Electronically Storing Notary Protocol Archives Documents in the Concept of Progressive Law in Indonesia Fitrianingrum, Dana Ayu; Setia Negara, Tunggul Anshari; Wisnuwardhani, Diah Aju
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25524

Abstract

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.
Consumer Protection Analysis of the Use of Underhand PPJB in Pre Project Selling of Apartments Sasmitaningrum, Dini; Widhiyanti, Hanif Nur; Anggraini, Erna
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26234

Abstract

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.
Protection of Third Party Preferential Rights in the Confiscation of Corruption Crime Assets in Indonesia Purwandari, Rini; Hadiyantina, Shinta; Sugiri, Bambang
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26000

Abstract

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.
Legal Considerations of the Notary Supervisory Board Regarding the Concept of Carefulness and Legal Consequences For Deeds Made Based on False Information Taufiqi, Ahmad Wildani; Sulistyarini, Rachmi; Laila, Fathul
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26548

Abstract

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.
Regulation of The Analysis of Suspicious Financial Transactions as Documentary Evidence R, Ade Putra; Yuliati, Yuliati; Widyanti, Yenny Etta; Istiqomah, Milda
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.28165

Abstract

The handling of money laundering cases in Indonesia reveals a normative tension between evidentiary rules and the confidentiality regime governing financial intelligence. Financial Transaction Analysis Reports issued by the Indonesian Financial Transaction Reports and Analysis Center (PPATK) contain strategic information essential for tracing illicit financial flows, yet their evidentiary status remains contested due to statutory obligations to protect the identity of reporting parties. This study examines the legal position of financial intelligence reports within the Indonesian criminal justice system, particularly in relation to documentary evidence recognized under money laundering legislation. Employing a normative juridical method with statutory and conceptual approaches, the research analyzes relevant laws, judicial practices, and doctrinal interpretations governing evidence in money laundering prosecutions. The findings demonstrate that while money laundering laws formally recognize documents as valid evidence, financial intelligence reports are functionally constrained by confidentiality provisions, limiting their direct use in evidentiary proceedings. This legal ambiguity generates uncertainty in law enforcement practices and raises concerns regarding procedural fairness and legal certainty. The study concludes that a clearer regulatory framework is required to reconcile evidentiary needs with confidentiality obligations, ensuring both effective prosecution and protection of reporting entities.
Legal Status of Social Inquiry Reports in Juvenile Sentencing under the Best Interests of the Child Principle Hermawan, Furkon Adi; Madjid, Abdul; Ruslijanto, Patricia Audrey
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.28463

Abstract

Juvenile sentencing is designed to reflect the principles of protection, rehabilitation, and the best interests of the child. In Indonesia, Law Number 11 of 2012 on the Juvenile Criminal Justice System requires judges to consider Social Inquiry Reports (Laporan Penelitian Kemasyarakatan or Litmas) prior to imposing sentences on children. This article examines the legal status of Social Inquiry Reports and clarifies the normative meaning of the obligation to consider them within judicial reasoning. Using normative legal research with statutory, conceptual, and case approaches, the study analyzes relevant legislation, legal doctrines, and selected juvenile court decisions. The findings indicate that Social Inquiry Reports function as non-juridical instruments intended to support individualized sentencing rather than as binding recommendations. Judicial practice, however, demonstrates varying degrees of engagement with these reports, ranging from formal reference to substantive consideration. This article concludes that interpreting the obligation to consider Social Inquiry Reports as a substantive and argumentative duty enhances the application of the best interests of the child principle while preserving judicial independence in juvenile sentencing. By framing Article 60(3) as a reason-giving duty, this article offers an operational standard for assessing whether judges meaningfully engage with Litmas in their sentencing reasons, thereby enriching the discussion on individualized juvenile sentencing.

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