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INDONESIA
JURNAL HUKUM dan KENOTARIATAN
Published by Universitas Islam Malang
ISSN : 25493361     EISSN : 26557789     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 251 Documents
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Sale and Purchase Binding Agreement As A Legal Protection On The Sale and Purchase of Mortgaged Land Hidayat Putri, Zora Febriena Dwithia
Jurnal Hukum dan Kenotariatan Vol. 7 No. 4 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i4.20588

Abstract

The concept of sale and purchase of land in Indonesian positive law requires it to be made in a Sale and Purchase Deed by a Land Deed Official by first fulfilling the conditions that have been determined. However, in practice, the making of a Sale and Purchase Deed cannot always be done immediately due to requirements that have not been fulfilled by one or even all parties to the agreement. To overcome this condition, the parties can first bind the agreement by making a Sale and Purchase Binding Agreement (PPJB). The objective of the paper is to analyze the position of PPJB as legal protection on the sale and purchase of mortgaged land and to analyze the role of Notary in making PPJB of mortgaged land. In conclusion, as a reciprocal agreement, the PPJB is considered to always have a void condition. If one party does not carry out its obligations, the injured party can demand the implementation of obligations or cancel the agreement, accompanied by compensation for losses, costs and interest. The role of Notary in making PPJB of mortgaged land is to ensure the authenticity of PPJB so that it can be used as perfect evidence and to arrange the clauses in the agreement carefully and accommodate legal protection for the parties in PPJB.
Land Tenure and Utilisation Challenges of The Land Bank Concept in Indonesia Permadi, Iwan
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20750

Abstract

The existence of the Land Bank is arguably redundant, as the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency could be optimised in seeking balance and justice in the distribution of land, including to indigenous peoples. Then, the model of open cooperation in land utilisation by not determining the priority scale from the Land Bank to business entities, individuals, or community groups, can open space for abuse of power and conflicts of interest. This type of research is normative juridical with a conceptual approach and a statutory approach. The results of the study show that the Government should form policies by striving to protect the livelihoods of indigenous peoples, the issuance of PP No.64 of 2021 concerning the Land Bank Agency can cause conflicts of interest between the community and the government, so the government needs to conduct a review and master the real land issues of land tenure in the Land Bank policy.
Digital Employment Contract Practices (Contentpreuner – Mediapreuner) Media Industry in Indonesia Faizin, Mu'adil
Jurnal Hukum dan Kenotariatan Vol. 7 No. 4 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i4.20802

Abstract

The practice of digital-based work contracts is experiencing rapid development, one form of business that uses digital-based work contracts, namely Mediapreuner, an example of a fairly large Mediapreuner business model in Indonesia, namely the Pikiran Rakyat Media Network (PRMN). The reality found on the ground, digital work contracts have been carried out massively, even by business networks that are national in scale. This seems to reconstruct the work contract culture that has been widely practiced by business people, starting from the MoU process. This then encourages researchers to carry out an in-depth observation process to dissect the engagement scheme, clauses in the contract, as well as the factors that influence business people to trust each other in digital work contracts. The practice of digital contracts of work at PRMN is an agreement in the form of cooperation between 3 parties. Strong reasons that encourage parties to be able to organize and maintain digital employment contracts are the parties' trust and track record of income.
The Validity of The Sale And Purchase Deed Was Not Signed in The Presence of Land Deed Officer Titis Giriarti; Tri Lisiani Prihatinah; Sri Wahyu Handayani
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20844

Abstract

The sale and purchase deed is proof that the sale and purchase process has been carried out regarding land rights or ownership rights to apartment units made by land deed officer. In making sale and purchase deed is must be attended by the parties carrying out the legal action concerned or their authorized person and land deed officer. The problem raised in this research is the validity of the sale and purchase deed whose signing was not in the presence the land deed officer. The research aims to analyze the validity of deeds of sale not executed in the presence of a land deed officer and the responsibility of the land deed officer towards the aggrieved party in making such deeds. Deeds of sale that are not executed in the presence of a land deed officer are considered illegitimate because they fail to satisfy both the formal criteria. The responsibility of the land deed officer towards the aggrieved party regarding the making of deeds of sale takes the form of civil liability, responsible to compensate for the damages caused by their fault and materially compensate for the losses suffered
Strategy For Improving The Quality of Public Services In Permit Management in Article 4 of Law Number 25 of 2009 Concerning Public Service Rivay Kaimudin; M. Mas’ud Said; Rulam Ahmadi
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20848

Abstract

Problems arise in improving the quality of public service delivery regarding rental transport licensing at the East Seram-Maluku Regency Transportation Service, which are still hampered by a lack of human resources in providing good service, accompanied by a lack of service infrastructure so that the licensing implementation system cannot work properly. as well as a lack of supervision of public transportation activities on the highway so that it is not orderly in providing services to the community. This writing is motivated by the existence of problems, namely related to strategies to improve the quality of public services in Licensing Management at the East Seram Regency Transportation Agency, then procedures for improving the quality of public service delivery in Licensing Management at the East Seram Regency Transportation Agency, as well as the inhibiting factors for improving the quality of public service delivery and management Licensing at the East Seram Regency Transportation Department. The type of research carried out by this author is qualitative descriptive research. The data collection technique used in this study was obtained through the Library Studies and Field Studies conducted by interviews and observations. And analyzed qualitatively by combining library research and field research.
Land Management Rights by The Government For Investment Needs in Indonesia Permadi, Iwan
Jurnal Hukum dan Kenotariatan Vol. 7 No. 4 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i4.20858

Abstract

Management rights are considered to be one of the Government's efforts to facilitate large entrepreneurs in investing in Indonesia. Of course, investment is expected to improve the community's economy. One of the efforts to improve the economy is done by creating jobs for the community. So it is necessary to map the land that is ready for business activities for investors. This article focuses on land management rights by the government for investment needs in Indonesia. The results show that the Management Rights (HPL) arrangement is not explicitly spelled out in Law Number 5 of 1960 concerning Basic Agrarian Regulations. that management rights are not purely from the state's control rights over land, but rather the delegation of the state's control rights to the subject or holder of management rights. The concept of a land bank in terms of its function becomes very important to consider as an instrument for land reserves in investment efforts for the prosperity of the people.
Accountability and Transparency Of Financial Reporting Village Owned Business Entities Tri Hartanto, Dimas Wegig; Labib Muttaqin
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.20941

Abstract

This research aims to determine the concepts and regulations regarding the accountable and transparent BUMDes financial reporting process and its implementation at BUMDes Sumber Rejeki Jati Batur. This research is empirical legal research. Data collection was carried out through observations and interviews in the field as well as collecting relevant literature. Data analysis techniques and data presentation by collecting field information are then connected to theories and regulations obtained from literature studies. Based on the research conducted, 2 (two) conclusions were found, namely: (a) The concept of regulating BUMDes financial reports that is accountable and transparent includes semi-annual and annual periodic reports. Furthermore, the annual report is submitted in the village deliberation forum/inter-village deliberation. Ultimately, the report is published to the wider public to ensure the principles of accountability and transparency; and (b) Administratively BUMDes Sumber Rejeki Jati Batur has implemented the principles of accountability and transparency as mandated by existing regulations. However, technically it cannot be exactly the same as the applicable regulatory mandate.
Legal Protection For Creditors Holding Mortgage Rights On Double Certified Owned Land Ningrum, Intan Permata; Lukman, Arsin
Jurnal Hukum dan Kenotariatan Vol. 7 No. 4 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i4.21138

Abstract

This article analyzes how legal protection is for creditors holding mortgage rights on land with multiple certificates. This article was prepared using doctrinal research methods with literature study using secondary data and analyzed juridically-qualitatively by examining applicable regulations. The Mortgage Law gives the right of droit de preference or priority to creditors holding mortgage rights. However, in practice, this right is often injured by disputes over collateral rights, one of which is the dispute over the issuance of multiple certificates. In these conditions, the Land Office as the agency that issues the certificate has legal responsibility for the emergence of two certificates for land which of course is very detrimental to creditors. This is regulated in Article 54 paragraphs (1) and (2) of the Regulation of the Head of BPN RI Number 3 of 2011 concerning Management, Assessment and Handling of Land Cases. The Land Office has the obligation to cancel one of the duplicate certificates and announce it to the public. Thus, this action was taken to ensure order and certainty in land matters and maintain the integrity and public trust in the land system, as well as protect the legal position of creditors holding mortgage rights to land.
Navigating The Impact of Outsourcing Rule Changes Under the Omnibus Law on Job Creation Ode, Mahazanni Najwa Al-Asyifa
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.21413

Abstract

The Job Creation Law introduces fundamental changes in employment in Indonesia. This article discusses the impact of changes in outsourcing rules in the Omnibus Law on job creation. Using research methodology involves an in-depth analysis of legislation and secondary data from the legal literature. The results show that changes to outsourcing rules have complex impacts, with the potential for increased investment and efficiency, but also the risk of decreasing workers' rights. The paper concludes the need for responsive regulation to maintain a balance between the interests of companies and workers, ensuring fairness in labor relations. A better understanding of the complexity of changes to outsourcing rules in the Omnibus Law is expected to help improve policies to support sustainable economic growth and worker welfare. Concluded that changes to outsourcing rules can improve a company's investment and operational efficiency, but also create uncertainty and potential impairment of workers' rights and protections. Therefore, responsive legal protection and transparency of information are crucial to maintaining fairness in employment relations. This journal contributes to a better understanding of the complexity of changes to outsourcing rules in the Omnibus Law and raises awareness for better regulatory adjustments to support economic sustainability and worker welfare.
The Urgency Establishing a Sharia Land Bank To Accelerate Agrarian Reform Cahyo
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.21583

Abstract

Researchers believe that the existence of a Sharia Land Bank in Indonesia which is based on the concepts of al-ilah and al-musawah can accelerate agrarian reform in Indonesia. To ensure this, the researcher presented this research using standard methodological articles in scientific research that are commonly used. This research is a qualitative research with a descriptive approach related to the Land Bank, Agrarian Reform, and the experience of the concepts of al-ilah and al-musawah in the Sharia Land Bank which was initiated by the researcher. The data used in this research is secondary data that researchers obtained from scientific articles, books, statutory regulations, news from credible websites, and other sources that are usually used in every research and are certainly related to Land Banks, Agrarian Reform, and values in Islamic law such as Al-Adalah and Al-Musawah. The data that the researcher managed to obtain was analyzed using the stages of data collection, data selection, data reduction, data presentation, and drawing conclusions. The result in this article show first,  The Land Bank functions to collect land, manage land, manage land and provide land to overcome inequality in land ownership and accelerate agrarian reform. The existence of a Land Bank which has an unclear concept and researchers believe could make the Land Bank a weakness in its implementation. Second,  The presence of the Sharia Land Bank concept which is a refinement of the Conventional Land Bank concept by upholding the values of al-adadlah (justice) and al-musawah (equality) can be a guide for Land Bank employees, Land Bank Officials and Government officials others in implementing the concepts offered by not distinguishing between one group and another, being honest, and so on which can accelerate agrarian reform.      

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