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INDONESIA
Journal of Law Science
Published by Institute of Computer Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP is managed to be issued three times in every volume. The Scope of Journal of Law Science is: -Law: including civil law, criminal law, administrative law, military law, constitutional law, international law. -Judiciary: including judicial case management and management of the judicial apparatus.
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Articles 262 Documents
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The normative gap in the confidentiality of deeds by instrumentary witnesses and its legal consequences for notary liability under Indonesian law Tania, Livia Angie; Alfaj, Sausan Qanita
Journal of Law Science Vol. 8 No. 2 (2026): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i2.7101

Abstract

This study aims to analyze the normative gap regarding the obligation of confidentiality of instrumentary witnesses in the drafting of authentic deeds and its implications for notarial liability within the framework of positive law in Indonesia. The novelty of this study lies in its focus on the unregulated legal position of instrumentary witnesses in relation to deed confidentiality, an issue that has received limited attention in previous notarial legal studies which generally emphasize notary obligations only. The study also offers an explicit scientific contribution by constructing the legal relationship between witness confidentiality obligations and notary liability through the integration of civil, criminal, and personal data protection perspectives. The method employed is normative legal research using statutory and conceptual approaches through analysis of Article 16 paragraph (1) letter e, Article 38, and Article 40 of Law Number 30 of 2004 concerning Notary Office as amended by Law Number 2 of 2014, Article 1868 of the Indonesian Civil Code, Articles 1365 and 1367 of the Indonesian Civil Code, Article 322 of the Criminal Code, and Law Number 27 of 2022 concerning Personal Data Protection. The results identify three principal findings. First, there is a normative gap because instrumentary witnesses have direct access to deed contents but are not expressly bound by statutory confidentiality obligations, creating legal uncertainty in notarial practice. Second, despite the absence of explicit regulation, instrumentary witnesses may still incur civil liability under Article 1365 of the Civil Code and potential criminal liability under Article 322 of the Criminal Code when disclosure causes legal harm. Third, notaries may remain responsible under the principle of prudence and supervisory liability under Article 1367 of the Civil Code, resulting in disproportionate allocation of legal responsibility. Theoretically, this study strengthens the doctrine of confidentiality in authentic deed formation by extending responsibility beyond the notary alone. Practically, it supports the need for reformulation of notarial norms to establish explicit confidentiality obligations for instrumentary witnesses and ensure proportional legal protection for all parties.
Legal review of land bank management of abandoned land in Indonesia under social function principles Meswati, Alya; Zatadini, Nabila
Journal of Law Science Vol. 8 No. 2 (2026): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i2.7116

Abstract

Land is a resource that plays a crucial role in society, as it is closely related to economic, social, and national development aspects. However, in practice, many parcels of land that have been granted rights to individuals or legal entities are not utilized optimally, resulting in abandoned land. This study aims to analyze the nature of asset ownership by the Land Bank Agency within the Indonesian land law system, as well as the authority of the institution in managing state land. The research method used is normative legal research with statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources collected through literature study and analyzed qualitatively. The results show that asset ownership by the Land Bank Agency cannot be interpreted as private ownership, as the land managed remains under state control. The Land Bank Agency functions as a managing institution with the authority to plan, control, manage, utilize, and distribute both state land and abandoned land. The existence of this institution is expected to optimize land utilization and realize agrarian justice based on the social function principle of land rights.

Page 27 of 27 | Total Record : 262

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