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JURNAL ILMIAH LIVING LAW
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JURNAL ILMIAH LIVING LAW
Published by Universitas Djuanda Bogor
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Arjuna Subject : -
Articles 215 Documents
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Kajian Hukum Pelanggaran Kewenangan Notaris Dalam Membuka Kantor Cabang Untuk Jasa Hukum Dikaitkan dengan Kode Etik Notaris Ilyanawati, R. Yuniar Anisa; Aurellya, Tasya; Putri, Irnie Wahida; Samosir, Tetti
JURNAL ILMIAH LIVING LAW Vol. 17 No. 1 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i1.16388

Abstract

The purpose of this research is to analyze violations of notary authority in opening branch offices for legal services that are not in accordance with the Notary Code of Ethics and Law Number 30 of 2004 juncto Law Number 2 of 2014 concerning the Position of Notaries (UUJN), which is suspected of violating the principles of authority and accountability, even though it is explicitly prohibited by UUJN. This research method uses a normative juridical method with a statutory approach and analysis of the Notary's Code of Ethics. The research results show that the opening of a branch office by a notary violates the applicable provisions in the UUJN and the Notary Code of Ethics, which aim to maintain the integrity and accountability of the profession. The conclusion of this research states that the act of opening a branch office is contrary to the principles of notary professionalism and can result in legal and ethical sanctions. The suggestion put forward is the importance of increasing supervision by the Indonesian Notary Association (INI) and stricter law enforcement to prevent similar violations in the future.
Pelaksanaan Pembatalan Lelang Eksekusi Hak Tanggungan Atas Dasar Perbuatan Melawan Hukum Salas, Muhamad Rizaldi; Sudjadiningrat, Raden Khemal Hadda; Maskanah, Ummi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 1 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i1.16411

Abstract

The cancellation of the auction caused many parties to suffer losses because they had promoted the auctioned goods and if they had been purchased, the sale and purchase transaction would be canceled. In decision No. 478 K/Pid/2013, there was a cancellation of the auction against the mortgage right. The study aims to determine and analyze the cancellation of the execution auction against the mortgage right due to an unlawful act. This study is a normative legal study, namely a study that examines norms as an object of research. The results of the study indicate that the lawsuit against the execution of the mortgage right does not cancel the auction because it can cause other legal problems, namely the cancellation of the sale and purchase transaction of the auctioned goods. Every decision that already has permanent legal force and is executed cannot be canceled. Therefore, every decision that results in other transactions must be ensured that there is no longer a legal process. And or execution must not be carried out before the end of the time given to the losing party to make legal efforts in the form of an appeal to cassation. The legal consequences of a court decision regarding the postponement or cancellation of the auction are the existence of legal uncertainty regarding the court's decision, harming the party conducting the auction, harming the party conducting the sale and purchase transaction of the auction object.
Reforming Indonesia’s Land Dispute Resolution Mechanism: Comparative Insights for a Specialized Court from the Mato Grosso, Brazil Land Court and New Zealand Māori Land Court Simanjuntak, Darman; Aloysius Uwiyono; Endang Padmadari
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.18526

Abstract

This paper examines the persistent legal and socioeconomic challenges posed by land disputes in Indonesia. These challenges arise from inefficient land administration, jurisdictional conflicts, and the absence of a specialized dispute resolution mechanism. Land conflicts in Indonesia manifest in various forms, including ownership disputes, boundary disagreements, customary land claims, land acquisition conflicts, disputes over former manorial lands, land reform disputes, and enforcement-related conflicts. Utilizing a doctrinal legal methodology with a comparative approach, this study critically analyzes the structural weaknesses of Indonesia’s current land dispute resolution system. It explores potential institutional improvements by drawing insights from the specialized land courts of New Zealand and Mato Grosso, Brazil. The Māori Land Court of New Zealand provides a model for safeguarding indigenous land rights and ensuring legal certainty, while Mato Grosso’s agrarian land court demonstrates the importance of administrative integration and judicial specialization in resolving large-scale land conflicts. The findings suggest that Indonesia would significantly benefit from the establishment of a specialized land court that is dedicated to addressing land disputes with greater efficiency, coherence, and procedural clarity. By incorporating comparative insights from New Zealand and Brazil, this article provides practical recommendations for Indonesian policymakers in designing a structured, just, and sustainable legal framework for land governance through the establishment of a specialized land court, ensuring stronger tenure security and equitable access to justice across diverse societal groups.
Analysis of Motor Vehicle Tax Amnesty Policy Related to Taxpayer Awareness in Increasing Taxpayer Compliance in Cianjur District Amalia, Mia; Aulia Andini, Sifa; Ananda Potabuga, Trifika; Agustina, Tiara; Rachma Ardiani, Amelia
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.16938

Abstract

In Cianjur Regency, Motor Vehicle Tax is one of the main sources of revenue. To increase the collection of this tax, one of the steps taken is the Motor Vehicle Tax Amnesty program. Compliance of Taxpayers has become a major issue that needs to be addressed in order to enhance Taxpayer awareness in paying taxes. Therefore, this research focuses on understanding how the Motor Vehicle Tax Amnesty policy affects Taxpayer awareness and compliance in Cianjur Regency, as well as the steps taken in its implementation. This study uses a qualitative method by collecting data related to the research objects and compiling it into a clear report. From 2021 to 2024, the revenue from Motor Vehicle Tax in Cianjur Regency continued to increase, especially after the tax amnesty policy was implemented. This indicates that taxpayers in Cianjur still have awareness of their obligation to pay taxes, and various efforts made have received a positive response regarding the importance of tax contributions.
Comparative Recognition of Customary Land Rights Based on Legal Systems in Indonesia and Australia: Codification and Jurisprudence Diana Puji Ratna Kusuma Fitri
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.19704

Abstract

This article examines the law systems that recognize indigenous land rights within the legal frameworks of Indonesia and Australia by comparing the civil law model based on codified legislation with the common law system grounded in jurisprudence. Indonesia, which adheres to the civil law tradition, recognizes indigenous land rights through written regulations such as the Basic Agrarian Law (UUPA) and the Constitution. However, its implementation is hindered by structural, administrative, and procedural challenges. In contrast, Australia recognizes indigenous land through the Native Title Act 1993, utilizing a case law-based approach that allows for judicial recognition and legal adaptation over time. This study employs a normative legal research method with a descriptive-analytical approach, drawing on Friedman’s theory of legal systems, the theory of collective rights, and legal pluralism. The findings reveal that differences in legal systems significantly influence the recognition and protection of indigenous land rights. Indonesia’s reliance on rigid codification may obstruct the recognition of untitled communal lands, whereas Australia’s jurisprudential model enables more flexible responses through precedent (setting court rulings) despite facing tensions between indigenous claims and economic development interests. The study recommends enhancing Indonesia’s administrative recognition system and adopting a more pluralistic legal approach to ensure substantive justice and cultural preservation for indigenous communities.
A Comparison of The Justice System for Child Cyberbullying Offenders in Indonesian and South Korean Criminal Law Citra Anggun Puspita
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.19701

Abstract

This study aims to determine the minimum age at which a child can be sanctioned in the legal context of Indonesia and South Korea, as well as to evaluate legal justice measures for children involved in cyberbullying cases in the criminal legal systems of the two countries. The research conducted is normative and descriptive. The approach applied includes legal methods, comparison, and a conceptual approach. This research compares Law No. 11/2012 on the Juvenile Justice System in Indonesia with the Criminal Code of the Republic of Korea in relation to the Juvenile Act 1958. This research analyzes the age limit of children who can be punished for cyberbullying behavior in the context of Indonesian and South Korean law. The technique for collecting legal data is carried out through literature studies complemented by juridical analysis, in accordance with the characteristics of normative legal research. The results of the research and analysis show that regulations relating to cyberbullying, especially in the context of the criminal justice system for children, in Indonesia and South Korea, seek to protect children's rights, including the rights of children who commit cyberbullying. Strict measures in law enforcement are not ignored in order to create a deterrent effect for children. It is important to understand the reasons behind the criminal behavior of these children as part of the legal considerations relevant to the individuals concerned.
The Assets Transfer of A Limited Liability Company by A Director That Has Not Been Authorized in The Articles of Association Nur Fitri Melnia; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.20631

Abstract

Decision Number 98/Pdt.G/2022/PN.Bgr validates an underhanded sale agreement between GS and JS for LTD SIS assets. Crucially, LTD SIS assets were uncertified at the agreement's time, JS lacked official director approval, and no Ministry of Law and Human Rights sanction existed. This normative legal study employs qualitative data to address these issues. Transferring company assets by a director without proper corporate approvals (articles of association, Ministry decree) constitutes an ultra vires act. JS's actions in Decision 98/Pdt.G/2022/PN.Bgr are deemed ultra vires, harming LTD SIS by selling assets without authorization and receiving payments personally. Based on Article 97 (1) and (2) of the Indonesian Company Law, JS is personally liable, as directors must manage the company with good faith and full responsibility.
Legal Certainty of Property Law and Property Rights in Relation to Asta Cita's Prabowo Vision Taufik Mappaenre; Martin Roestamy; Radif Khotamir Rusli; Asep Thobibudin Qolyubi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.22265

Abstract

This study examines property law reforms under President Prabowo's administration, particularly through the lens of his vision, Asta Cita, which emphasizes economic transformation, regulatory efficiency, and inclusive governance. Indonesia faces significant challenges in land governance, such as overlapping regulations, conflicts between customary (adat) and national laws, and weak enforcement mechanisms. The administration aims to harmonize traditional and modern legal systems, streamline land registration, and foster investor confidence. The research analyses key legislative reforms, including the Omnibus Law on Job Creation and the Basic Agrarian Law, as well as case studies on property disputes. It finds progress in digitalizing land administration and simplifying land registration, but highlights persistent issues like fragmented policy implementation, inconsistent recognition of adat rights, and inadequate dispute resolution mechanisms. The study proposes solutions such as creating a unified land registry, improving national-regional coordination, and incentivizing faster dispute resolution to enhance property law effectiveness. However, it acknowledges the speculative nature of policy predictions and the lack of empirical data on land disputes, suggesting the need for further research. By offering both theoretical and practical insights, this study contributes to the discourse on Indonesia’s property law reforms and provides actionable recommendations for policymakers, legal professionals, and investors.
Analysis of the Decision of the State Administrative Court Number 604/G/2023/PTUN.JKT Concerning Government Actions in the Field of Administrative Law from the Perspective of Gustav Radbruch Maarif, Rizal Syamsul; Dhafin Riyasy Ishak; Devina Mayra Purnama; Rezza Syah Fahleffi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.21518

Abstract

The Jakarta State Administrative Court (PTUN) Decision Number 604/G/2023/PTUN.JKT which granted part of Anwar Usman's lawsuit against the Constitutional Court has caused controversy in the Indonesian constitutional legal order. The main problem lies in the limits of the PTUN's jurisdiction over constitutional judicial institutions and the validity of administrative intervention into the internal mechanisms of the Constitutional Court. This article aims to analyze the decision based on Gustav Radbruch's legal theory, which emphasizes the balance between justice, legal certainty, and utility as basic principles in the legal system. This study uses a juridical-normative method with a conceptual approach and a legal philosophy approach to examine the alignment of the substance of the decision with universal legal values. The results of the analysis show that the PTUN decision No. 604/G/2023/PTUN.JKT does not reflect the principle of substantive justice because it ignores the institutional autonomy of the Constitutional Court and opens up space for horizontal intervention between state institutions. From the aspect of legal certainty, this decision creates jurisdictional ambiguity that threatens the stability of the constitutional system. Meanwhile, from the perspective of utility, the decision is considered counterproductive because it has the potential to weaken the integrity and effectiveness of the Constitutional Court's role as a guardian of the constitution. Therefore, this article recommends affirming the limits of administrative court jurisdiction over constitutional institutions, as well as strengthening the ethical approach in the practice of state administrative law so as not to be trapped in narrow legal positivism
Legal Analysis of Cash Waqf-Based Real Estate Development in Indonesia: Integrating Sharia Principles with Contemporary Business Law Yuherman; Yuhelson; Radif Khotamir Rusli
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.22946

Abstract

This study provides a comprehensive legal analysis of the regulatory framework governing cash waqf-based real estate development projects in Indonesia. It critically examines the integration of Sharia principles with contemporary Indonesian business law, focusing on the legal challenges and opportunities that arise from this intersection. The research employs a normative legal approach, analyzing statutory provisions, recent jurisprudence from 2022-2024, and relevant fatwas from the National Sharia Council (DSN-MUI). Key findings reveal significant regulatory gaps, including overlapping institutional authorities, weak enforcement mechanisms, and a lack of harmonization between Law No. 4 of 2004 on Waqf and Law No. 2 of 2008 on Islamic Banking. The study further explores the role of innovative financial instruments, such as Cash Waqf-Linked Sukuk (CWLS), and the impact of recent OJK regulations on the participation of Islamic banks in waqf-based projects. By offering a detailed analysis of these legal dynamics, the research proposes a multi-faceted strategy to enhance legal certainty, strengthen governance, and unlock the full potential of cash waqf for sustainable and inclusive real estate development in Indonesia. The paper concludes with actionable recommendations for policymakers, regulators, and practitioners to foster a more robust and Sharia-compliant ecosystem for waqf financing.

Page 21 of 22 | Total Record : 215

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