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Recital Review
Published by Universitas Jambi
ISSN : 26232928     EISSN : 26225891     DOI : https://doi.org/10.22437/rr.v6i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Recital Review is peer-review journal published by Universitas Jambi, Magister Konatariatan, Jambi, Indonesia. Recital review receives research-based and conceptual articles with a broad range of topics related with Notary area, including: deed-making techniques, Agrarian law; Family Law; Inheritance Law; Contract Law; Auction Law; Code Ethic of Notary; Land Law; Company and Insolvency Law; Intellectual Property Rights; Tax Law; Politics of Notarial Law; Guarantee Law; Banking Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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Beyond 50:50 of Matrimonial Asset: Applying the Contra Legem Principle in Marital Property Division in Indonesia Tanjung, Afriansyah; Lubsi Tuqo Romadhan, Moh.; Khoirul Ummah, Maela
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.43606

Abstract

This paper investigates the legal and ethical implications of deviating from the equal (50:50) distribution of marital property in Indonesian divorce cases, particularly when one spouse acts in bad faith. While Indonesian law—namely Article 35 of the Marriage Law and Article 97 of the Compilation of Islamic Law—generally upholds equal division of joint property, this study highlights how courts may apply the contra legem principle to achieve substantive justice. Using a normative legal method, the research examines regulations and judicial discretion in reallocating marital assets when faced with evidence of misconduct, unequal contributions, or financial manipulation. The study draws from comparative legal systems and landmark court decisions to illustrate how contra legem serves not as a defiance of law, but as a mechanism to protect vulnerable spouses and promote fairness. It concludes that flexible, contribution-based distribution, supported by judicial transparency and evidentiary standards, better reflects the realities of modern marriages and ensures just outcomes within Indonesia’s dual legal framework.
Perlindungan Hukum Melalui Pencatatan Akta Perjanjian Pengikatan Jual Beli (PPJB) Tanah di Kantor Pertanahan Rohali, Novia
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.44169

Abstract

Land is one of the important assets in people's lives that are prone to causing disputes. The Sale and Purchase Agreement (PPJB) is used as a preliminary agreement before the making of the Sale and Purchase Deed (AJB) before the Land Deed Making Office (PPAT). However, the absence of PPJB registration has the potential to cause legal uncertainty and losses for the parties. This study aims to analyze the urgency of recording PPJB Deeds at the Land Office as well as the legal consequences that arise both when the registration is done or not. The research uses normative juridical methods with a legislative and conceptual approach, as well as primary legal materials in the form of UUPA, Government Regulation Number 24 of 1997, and Ministerial Regulation of ATR/KBPN Number 16 of 2021. The results of the study show that the recording of PPJB strengthens the legal position of the parties, provides legal protection and certainty for the object of the agreement, and limits the possibility of transferring rights to other parties outside the agreement. On the other hand, without registration, PPJB remains valid as a deed of agreement, but does not provide maximum protection for the rights of the parties and has the potential to cause disputes in the future. This study recommends that PPJB registration be used as a standard practice in land purchase and sale transactions to minimize legal risks and strengthen the orderly land administration in Indonesia.
Hak Cipta sebagai Objek Jaminan Fidusia dalam Perjanjian Kredit Perbankan di Indonesia Ertananda, Annisa; Yetniwati, Yetniwati; Suryahartati, Dwi
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.44458

Abstract

This research aims to examine the implementation of Article 16 paragraph (3) of Law No. 28 of 2014 on Copyright, which states that copyright can be used as an object of fiduciary security. The research addresses two main issues: How is the regulation of copyright valuation (as an intangible asset) arranged for its use as fiduciary collateral in bank credit distribution in Indonesia? And does the Fiduciary Security Law provide opportunities for copyright to be used as collateral in credit agreements? To analyze the objectives of this thesis, a normative juridical method was employed. The approach is based on primary legal materials, including Law No. 42 of 1999 on Fiduciary Security, Law No. 28 of 2014 on Copyright, and Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 on Banking. The findings indicate that, normatively, copyright fulfills the requirements to be used as an object of fiduciary collateral because it is an intangible asset that is transferable and holds economic value. However, its implementation within the banking system still faces obstacles, particularly in the areas of valuation and acceptance by financial institutions. Therefore, a more structured valuation standard and synergy among relevant institutions are needed to optimize the use of copyright as a legitimate and productive collateral instrument within the national financing system.
Efektivitas Nasionalisasi dalam Menyeimbangkan Kepentingan Nasional dan Investasi Asing di Indonesia Rahely, Angela; Broto Hazelli Elfrida, Adi; Hamidah, Abna
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i2.44477

Abstract

The nationalization of foreign-owned companies in Indonesia, from the early independence period to the present, has sparked debates between national interests and the protection of foreign investors. On the one hand, nationalization is considered an essential instrument to strengthen economic independence and state sovereignty. On the other hand, poorly regulated nationalization practices without clear procedures, adequate financing schemes, and proper investor protection mechanisms may lead to legal uncertainty and a decline in the investment climate. This study aims to analyze the effectiveness of nationalization in Indonesia by examining three main aspects: legal procedures, compensation financing schemes, and the protection of foreign investors. Using a normative juridical method based on literature review, the study finds that although the legal framework of nationalization is stipulated under the Investment Law, its implementation remains hampered by lengthy procedures and ambiguities regarding the definition of “national interest.” Moreover, the financial burden of compensation often disrupts the country’s fiscal stability. The findings highlight the urgency of regulatory reform to ensure that nationalization can be carried out effectively, fairly, and in balance—protecting national interests while maintaining legal certainty for foreign investors.
Perlindungan Hukum terhadap Pembeli dalam Jual Beli Tanah yang Belum Dibalik Nama Pandia, Dion; Yetniwati, Yetniwati; Yahya, Taufik
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Land sale and purchase transactions often end with the issuance of a Sale and Purchase Deed (AJB) without being followed by the transfer of the certificate name. This situation creates legal uncertainty for buyers, even though the payment has been completed and physical possession of the land has been transferred. Such conditions reveal a gap in public understanding as well as in land administration practices, which may potentially lead to disputes. This study aims to analyze the legal consequences of land transactions without a name transfer and the forms of legal protection available to disadvantaged buyers. The research employs a normative juridical method with a statutory approach and analysis of secondary data, including literature, regulations, and relevant court decisions. The findings show that legal certainty can only be guaranteed if the name transfer process is carried out in accordance with the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997 on Land Registration. Nevertheless, even without a certificate transfer, buyers may still obtain preventive legal protection through the AJB and physical control of the land, as well as repressive protection through litigation in court. Therefore, the transfer of certificate ownership constitutes a crucial instrument in ensuring legal protection and certainty of land rights for buyers.
Analisis Yuridis Terhadap Pembuatan Akta Hibah Sebagai Alat Bukti Dalam Sengketa Kepemilikan Tanah Cyntia Marshel, Dwi
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

A deed of grant (akta hibah) is an authentic legal instrument used to prove the transfer of land and building ownership from a donor to a recipient without compensation. Although grants are regulated under the Indonesian Civil Code, the Basic Agrarian Law, and land registration regulations, in practice many grants are still executed through private deeds or remain unregistered, often leading to ownership disputes. This gap between legal provisions and implementation forms the basis of this study, which examines the juridical aspects of grant deeds and their evidentiary strength in land disputes. The findings reveal that a properly executed grant deed, fulfilling both formal and material requirements before a Land Deed Official (PPAT) and registered with the Land Office, holds perfect evidentiary value as an authentic deed. Conversely, improperly executed deeds may be annulled, as demonstrated in several court rulings on disputed grants. This study contributes to legal scholarship by emphasizing the importance of procedural compliance and the crucial role of PPAT in ensuring legal certainty, protecting parties’ rights, and preventing potential family conflicts in the future.
Perlindungan Hukum Pemegang Hak Cipta Atas Karya Video Youtube Yang Di Unggah Ulang Di Tiktok Oleh Pihak Lain Adam Putra Hidayat, Mohamad; Anggriani, Reni
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

This research discusses legal protection for YouTube video works that are re-uploaded on TikTok without the permission of the copyright holder. The phenomenon of digital content re-uploading has become increasingly prevalent as social media platforms develop into sources of both entertainment and income. The research employs a normative legal method, examining statutory regulations, doctrines, and policies related to copyright law. The findings indicate that re-uploading YouTube content to TikTok may constitute copyright infringement if it exceeds the limits of fair use and causes harm to the copyright holder. Legal protection is provided through preventive measures—such as regulations, government supervision, platform policies, and public awareness—and repressive measures in the form of dispute resolution through both litigation and non-litigation mechanisms. Therefore, collaboration among the government, digital service providers, and the public is essential to ensure legal certainty while safeguarding the moral and economic rights of copyright holders.
Analisis Yuridis Atas Akta Notaris Yang Cacat Hukum Dan Implikasinya Terhadap Kepastian Hukum Teresa P. Sapni , Dripsy
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

Notaries have an important role in ensuring legal certainty through the creation of authentic deeds. However, in practice, there are various cases where deeds made by notaries contain legal defects, resulting in cancellation or cancellation by law by the court. This study aims to analyze the factors causing legal defects in notarial deeds, the form of notary accountability, and its legal enforcement against the parties. This study uses a qualitative method with a normative legal approach, by reviewing regulations, scientific journals, and related court decisions. The results of the study indicate that notaries can be held accountable for both civil, administrative, and criminal, depending on the level of error made. In addition, deeds containing legal defects have the potential to cause legal uncertainty and losses for the parties involved. Therefore, stricter supervision of notarial practices and increased notary professionalism are needed, so that cases of legal defects in deeds can be minimized.
Pertanggungjawaban Direksi dalam Kepailitan Perseroan Terbatas Menurut Hukum Positif Indonesia Edwar Fransisko, Rendra
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

This study aims to analyze the liability of the board of directors in the bankruptcy of a Limited Liability Company under Indonesian positive law, using the case of PT. Gunung Bara Utama as the focal point. The research employs a normative legal approach through statutory, conceptual, and case study analyses. The findings indicate that the directors’ liability in bankruptcy is explicitly regulated under Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Directors may be held personally liable if proven negligent or acting beyond their authority, causing losses to the company, creditors, or third parties. The PT. Gunung Bara Utama case demonstrates that weak internal oversight and violations of the fiduciary duty principle were significant factors contributing to the bankruptcy. This research recommends strengthening regulations by clarifying the duty of care standard and enhancing supervisory mechanisms over directors to prevent abuse of authority leading to bankruptcy.
Tanggung Jawab Hukum Perusahaan Asuransi dan Perlindungan Konsumen Pasca Pencabutan Izin Usaha Mayang Asmara Megaputri, Vincencia; Hariyani, Iswi; Prakoso, Bhim
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

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Abstract

The revocation of PT Asuransi Jiwa Adisarana Wanaartha's business licence by OJK on 5 December 2022 was due to violations of solvency, investment adequacy ratio, and minimum equity requirements. The revocation of this business licence requires the company to undergo liquidation and has an impact on policyholders who face the risk of defaulting on claims. This research uses normative juridical method with statutory and conceptual approaches. The result of the discussion of the issues examined by the author is that the revocation of PT Asuransi Jiwa Adisarana Wanaartha's business licence by the OJK meant that the company lost its legal status to operate, resulting in a liquidation process aimed at settling the company's obligations and protecting the interests of policyholders. The consequences of the revocation of the business licence for policyholders include changes in the claims mechanism, which now proceeds through an administrative and uncertain liquidation process, as well as facing the risk of losses due to the company's limited assets. After its business licence was revoked, PT Asuransi Jiwa Adisarana Wanaartha is obligated to prioritise policyholders in settling its obligations, meaning the company must refund all premiums to policyholders due to the cancellation of the insurance agreement. Legal protection for policyholders is provided through the insurance policy as internal legal protection and external legal protection from the OJK and the Deposit Insurance Agency under the P2SK Law. In the event of a dispute, policyholders may resolve it through litigation by filing a breach of contract lawsuit if the company fails to fulfil the insurance agreement.

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