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Repertorium: Jurnal Ilmiah Hukum Kenotariatan
Published by Universitas Sriwijaya
ISSN : 2086809X     EISSN : 26558610     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Hukum Kenotariatan adalah jurnal berkala ilmiah yang dikelola oleh Program Studi Magister Kenotariatan, Fakultas Hukum Univesitas Sriwijaya. Jurnal ilmiah ini menjadi sarana publikasi bagi para akademisi dan praktisi dalam mempublikasi artikel ilmiah di bidang hukum kenotariatan dan ke-PPAT-an. Ruang lingkup jurnal Repertorium meliputi bidang: Hukum Kontrak, Hukum Perjanjian, Hukum Kepailitan, Hukum Perusahaan, Hukum Hak Kekayaan Intelektual, dan Cyber Notary.
Arjuna Subject : -
Articles 318 Documents
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Authority in the Management and Utilization of Agrarian/Land Resources in Indonesia Firman Muntaqo; Febrian; Alip Dian Pratama; Fadillah Mursid
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.4456

Abstract

As a nation founded upon belief in the One Almighty God, Indonesia recognizes that all things in the heavens and on earth, including agrarian resources and land, ultimately belong to God. Accordingly, the Indonesian nation possesses only the authority to manage and utilize agrarian resources as national wealth, resources, and assets for the greatest prosperity of the people. The Indonesian state acts merely as the recipient of a mandate from the nation to exercise such authority and is not the owner of agrarian resources or land. This study examines the relationship between the Indonesian nation, the state, and agrarian/land authority within the framework of Indonesian agrarian law. It argues that authority over land management and utilization should be centralized under the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) to prevent overlapping authority and disputes among government institutions. Other ministries requiring land for the performance of their duties should obtain delegated authority through Management Rights Certificates issued by ATR/BPN. The study further highlights that the prevailing interpretation of state control over land has shifted toward viewing the state as the holder of ulayat rights, despite such a concept not being recognized under the Basic Agrarian Law (UUPA). This interpretation has contributed to legal uncertainty, conflicts of authority, unequal land distribution, and the denial of the eternal magical-religious relationship between indigenous communities and their customary lands, including cases such as Rempang Island. The exclusion of ulayat land from land registration under Government Regulation Number 24 of 1997 further weakens legal certainty for customary communities. This paper concludes that agrarian legal politics in Indonesia should reaffirm that the state merely exercises delegated authority, while the Indonesian nation remains the true holder of authority over agrarian resources and land.
Comparative Law on Notary Dual Position between Indonesia and Germany Nadia Maisa Alya; Rio Adrian
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5263

Abstract

One of the important issues in notarial practice in Indonesia is the dual position of notaries, namely when a notary holds another profession that may potentially create conflicts of interest and disrupt their independence as a public official. Although the Notary Office Act (UUJN) explicitly prohibits dual positions, this practice still frequently occurs and raises problems that can affect the professionalism and integrity of notaries. In a comparative context, Germany has an interesting regulation through the Bundesnotarordnung (BNotO) which distinguishes two models of notary positions, namely Nur-Notar (pure notary) and Anwaltsnotar (lawyer simultaneously serving as notary). This study uses a normative juridical method with a comparative law approach to analyze the regulation and practice of prohibiting dual notary positions in Indonesia and Germany. The results show that both countries emphasize the independence and neutrality of notaries, yet Germany provides limited exceptions through the Anwaltsnotar model which is strictly regulated and supervised by notarial institutions at the state level. This system demonstrates a balance between the need for legal profession flexibility and protection of public interest. This comparison is expected to serve as a reference in strengthening the supervision system and professional ethics of notaries in Indonesia to be more professional, integrity-driven, and aligned with the principles of good governance in legal services. Keywords: Notary Dual Position; Indonesia; Germany
Analysis of Notarial Responsibility in Guaranteeing Gender Justice in the Division of Community Property after Divorce Dwi Utami Asriana Taufik; Devianty Fitri
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5619

Abstract

This study examines the responsibility of notaries in ensuring gender justice in the distribution of joint property after divorce. The issue arises from the continued occurrence of unequal distribution of marital assets due to imbalances in power relations between husband and wife, despite positive law emphasizing equality within marriage. This study aims to analyze the scope of notarial responsibility in ensuring gender justice and to examine the civil liability of notaries based on Supreme Court jurisprudence. The research employed a normative juridical method using statutory and case approaches. Data were collected through library research on primary and secondary legal materials and analyzed qualitatively. The results indicate that the responsibility of a notary is not limited to fulfilling formal requirements in deed preparation, but also includes substantial verification regarding defects of consent, imbalance of power relations, and potential harm to weaker parties. Supreme Court Decision Number 1964 K/Pdt/2020 emphasizes balanced distribution of joint property as a form of material justice, while Supreme Court Decision Number 12 K/Pdt/2020 demonstrates that deeds neglecting the rights of wives may be annulled and may result in civil liability for notaries. Therefore, notaries are required to uphold the principle of prudence, provide legal counseling, and refuse the preparation of deeds that contradict justice and legal provisions.
Analysis of the Distribution of Inheritance for Widows According to the Civil Code Andri Wiranata; Sri Iin Hartini; Yulianus Pabassing
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.4995

Abstract

Regulations regarding inheritance law cannot be separated from regulations regarding marriage law. This can be attributed to at least two factors: first, the process of determining heirs begins with marriage. In inheritance law, a widow is defined as a wife who outlives her spouse in a marriage that ends due to the death of her husband. This study aims to determine the position of widows as heirs according to the Civil Code and the distribution of inheritance for widows according to the Civil Code. The research method used in this study is normative legal research or library legal research, namely legal research conducted by conducting research on library materials or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. These materials are then systematically compiled, reviewed, and conclusions are drawn in a summary with the problem being studied, namely inheritance for widows according to the Civil Code. The results of the study indicate that the position of widows as heirs is included in Class I of heirs. Based on the position of widows as heirs, Class I, widows inherit based on their own position. The widow's position appears as an heir based on priority, thus closing off other groups. A widow can inherit the inheritance by leaving parents, siblings, if there are no descendants who have the right to inherit. The distribution of inheritance for widows is based on Article 852a of the Civil Code; the widow's share of inheritance is equal to the share of a legitimate child, so that inheritance is head of household. A widow will receive ½ (half) of the joint property, and the remaining ½ (half) becomes the inheritance of the testator, which will be divided between the widow and her children.
The Ambiguity of Criminalizing Business Decisions: An Analysis of Legal Realism and the Business Judgment Rule in Supreme Court Decision Number 121 K/Pid.Sus/2020 Afriansyah Tanjung; Muhammad Marizal; Irawan Malebra
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5411

Abstract

The phenomenon of criminalizing business decisions within State-Owned Enterprises (SOEs) shows that there is a serious tension between the logic of corporate governance and the goal of eradicating corruption. The Supreme Court Decision No. 121 K/Pid.Sus/2020 regarding the acquisition of BMG Australia by PT Pertamina (Persero) is an example of how managerial actions carried out through legitimate corporate procedures can be construed as criminal acts because they lead to state losses. This study aims to analyze the ambiguity of the criminalization of business risk through a doctrinal legal approach combined with the perspective of legal realism. The research method uses a conceptual analysis of the Business Judgment Rule as a standard of accountability of the board of directors in decision-making, as well as a case approach to the Supreme Court's legal considerations with qualitative analysis techniques based on juridical reasoning. The results of the study show that judges emphasize more on the results of decisions in the form of state losses as an indicator of error, so that the line between economic risk and unlawful acts becomes blurred. This condition poses a potential chilling effect that can hinder the courage of the board of directors in carrying out business strategies in risk-intensive SOEs. This research contributes to the need to reformulate the application of Business Judgment Rule in corporate corruption cases to prevent excessive criminalization of business decisions that are not based on malicious intent or conflict of interest.
The Legal Implications of Bankruptcy on the Joint Property of Spouses Without a Prenuptial Agreement Fania Putri Pradana; Dominikus Rato; Moh. Ali
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5568

Abstract

Marriage as a legal institution not only gives rise to a personal relationship between husband and wife, but also produces significant legal consequences for the status of property. Within the Indonesian positive-law system, the regulation of marital property is a crucial aspect, particularly when a legal event in the form of the bankruptcy of one of the parties to the marriage occurs. The problem becomes even more complex where the marriage is contracted without a prenuptial agreement governing the separation of property. This study aims to analyse the legal regulation of marital property under positive law in Indonesia and to examine the legal implications for marital property in the event of the bankruptcy of a husband or wife in the absence of a prenuptial agreement. The research method employed is normative juridical, using a statute approach and a conceptual approach. The statute approach is carried out through an examination of the Marriage Law, the Civil Code, and the Bankruptcy and Suspension of Payment (PKPU) Law, while the conceptual approach is used to examine the principles, doctrines, and legal concepts relating to joint property and bankruptcy. The results show that in marriages without a prenuptial agreement the principle of community of property applies, so that property acquired during the marriage is qualified as joint property. If one of the parties is declared bankrupt, the joint property is in principle absorbed into the bankruptcy estate (boedel pailit) and administered by the curator for the benefit of the creditors. Nevertheless, the law continues to protect brought-in property (harta bawaan) and personal property acquired through gift or inheritance. This study affirms the importance of understanding and regulating marital property as a preventive measure to minimise the legal risks arising from bankruptcy in a marriage.
Legal Analysis of Corporate Social Responsibility Fund Management by Financial Technology Companies in Indonesia Muhammad Syahri Ramadhan; Yuli Prasetyo Adhi; Maria Prehatiningsih Utami; Taufik Purbo Satrio
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.6027

Abstract

Mining and plantation sectors have frequently raised legal issues concerning the management of Corporate Social Responsibility (CSR) funds. The financial technology (fintech) sector, which merges financial services with digital technology, is likewise not exempt from CSR obligations. However, unlike traditional extractive industries whose environmental and social impacts are tangible and localized, fintech companies operate predominantly in the digital sphere, rendering their societal effects less direct and more difficult to measure. This condition necessitates a comprehensive legal study on the management of CSR funds within the fintech industry. Employing normative legal research with a prescriptive approach, this paper examines statutory provisions, doctrines, and regulatory frameworks relevant to CSR obligations in Indonesia. The analysis reveals that Indonesian law mandates CSR implementation even for companies whose business activities do not involve natural resource management, thereby allowing CSR programs to extend beyond the immediate corporate environment. Sociologically, this creates an opportunity for fintech companies to direct CSR initiatives toward digitalization programs addressing Indonesia's persistently low digital literacy. Nevertheless, existing regulations contain no fintech-specific provisions, generating ambiguity between mandatory obligation and voluntary practice. The government should therefore formulate a specialized regulatory framework requiring fintech companies to implement CSR programs aligned with national digital development needs, ensuring legal certainty and maximizing social impact.
Resolution of Disputes Regarding Missing Balances without Transactions on the Dana App Alya Deska Safira; Sri Handayani; Helena Primadianti S
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5743

Abstract

The increasing use of digital wallets as a cashless payment method in Indonesia facilitates transactions but also raises legal issues, such as the disappearance of users’ balances without any transactions being made or authorized by the account holders. This phenomenon raises questions regarding the legal liability of app operators, the forms of legal protection available to users, and the effectiveness of existing dispute resolution mechanisms. This study aims to analyze the legal liability of the DANA app operator for user losses, examine legal protections for digital wallet users from a legal theory perspective, and analyze dispute resolution mechanisms for balance losses without transactions based on Indonesian positive law. This study employs a normative legal method using a statutory approach and a conceptual approach through the analysis of primary, secondary, and tertiary legal sources. The results indicate that the DANA app operator bears legal responsibility to ensure the security and reliability of the electronic system and to provide compensation if user losses are proven to be caused by system failure or the operator’s negligence. Legal protection for users has been normatively regulated through the ITE Law, the UUPK, and payment system regulations; however, its implementation has not been fully effective due to ongoing disparities in the burden of proof and the operator’s control over electronic data. This study offers a novel approach by integrating an analysis of the operator’s legal liability, legal protection based on the theories of Satjipto Rahardjo and Philipus M. Hadjon, and the effectiveness of dispute resolution mechanisms into a single study examining cases of lost user balances without any transactions. Thus, it is necessary to strengthen legal protection and dispute resolution mechanisms to ensure legal certainty and justice for digital wallet users.

Page 32 of 32 | Total Record : 318

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