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Notaire
Published by Universitas Airlangga
ISSN : -     EISSN : 26559404     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The name e-Journal (Notaire) is taken from French which means Notary. The Notaire name is also an acronym of Kenotariatan Airlangga E-Journal (The Airlangga E-Journal Notary). The name selection is based on the specificity of this journal as a journal belonging to the Master Program of Master of Notary of Airlangga University. This journal was established as a means for students of the Master Program of Notary in particular and the academic community in general to share ideas and ideas related to legal issues in the field of notary.
Arjuna Subject : Umum - Umum
Articles 236 Documents
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Problem Penelitian Surat Setoran Pajak Daerah (SSPD) Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) Kota Yogyakarta Ditinjau dari Teori Organisasi Halida Evy Hermaya; Arvie Johan
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.84847

Abstract

This study aims to examine and analyze the impediments encountered in the verification process of the SSPD BPHTB in Yogyakarta City, viewed through the lens of organizational theory, alongside projecting strategies to mitigate such impediments. This research employs an empirical legal research methodology. The study utilizes primary data acquired through interviews with key informants, as well as secondary data derived from library research. Data analysis was conducted using a qualitative method, entailing the systematic processing of primary and secondary data, followed by drawing conclusions through deductive reasoning. The findings conclude that, first, based on organizational theory, the execution of SSPD BPHTB verification in Yogyakarta City continues to face a number of impediments concerning structural, behavioral, and organizational dynamics aspects. Second, projections to minimize these obstacles include delineating specific work units dedicated to handling PBB-P2 and BPHTB; capacity building; establishing PBG data integration with the Dinas PUPKP; collaborating with third parties for PBB-P2 data updating; and digitalizing BPHTB service processes, including the PBB-P2 Validation Check at the BPKAD of Yogyakarta City. Furthermore, it is imperative to conduct dissemination regarding the procedure for completing PBB-P2 Validation Check documents to the PPAT in Yogyakarta City, as well as raising public awareness regarding the importance of reporting the SPOP and LSPOP upon the occurrence of changes to the tax object.
Kedudukan Pewarisan Tanah Pauseang oleh Anak Perempuan pada Masyarakat Adat Batak Toba Pasca Perceraian Olivia Cherie Comeito
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.85554

Abstract

Within the cultural framework of the Toba Batak indigenous community, which adheres to a strict patrilineal kinship system, “perkawinan jujur” constitutes a vital customary obligation involving the full provision of “uang jujur” from the male relatives to the woman. Upon completion of this provision, the pauseang land is bestowed by the parents to their daughter as a marriage dowry through a customary ceremony witnessed by Dalihan Na Tolu. This study addresses two principal issues: (1) the status of pauseang land given to daughters in the Toba Batak indigenous community after divorce; (2) the authority of Dalihan Na Tolu in resolving disputes over pauseang land in the Toba Batak indigenous community after divorce. This study uses a statutory approach to analyze regulations related to legal issues in the research, a conceptual approach based on the thoughts and opinions of legal experts to build legal arguments, and a case study approach to understand cases or events related to the control of pauseang land after divorce. The results indicate that the status of pauseang land given by parents to their daughter after divorce is determined through deliberation and consensus conducted by the Dalihan Na Tolu, taking into account the causes of divorce as a form of customary violation committed by either spouse. The Dalihan Na Tolu, as a customary institution, continues to exist and function effectively in resolving customary disputes, with its decisions consistently obeyed by members of the Toba Batak indigenous community.
Hak Waris Anak Yang Lahir Dari Perkawinan Semarga Pada Masyarakat Adat Batak Toba di Perantauan Rahmawati Emma Audrya Agustine
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.85737

Abstract

Basically, marriage in the Batak Toba indigenous community adheres to an exogamous marriage system and is carried out through honest marriage, with the aim of continuing the lineage, clan, and kinship. In its development, some of the Batak Toba indigenous community in exile have carried out same-clan marriages due to several factors. Therefore, this study will discuss the development of same-clan marriages among the Batak Toba indigenous community living abroad. The research questions in this study are the position of same-clan marriages among the Batak Toba indigenous community living abroad and the inheritance rights of children born as a result of same-clan marriages among the Batak Toba indigenous community living abroad. This study uses a legal research type with a legislative approach that refers to several laws and regulations related to the research topic, a conceptual approach that looks at the views and doctrines that have developed in law, and case studies related to the research topic. The results of this study show that marriage between relatives among the Batak Toba indigenous community abroad gives rise to two conditions, namely that the marriage is not recognized by the traditional leader and Dalihan Na Tolu because they still strictly uphold their customary law. However, under certain conditions, for example, if the marriage between relatives produces children, especially sons, then the marriage between relatives can be recognized on the condition that the married couple must carry out customary sanctions and pay a customary fine. If the marriage between relatives is recognized, the children born from the marriage can inherit their parents' (father's) property based on customary inheritance law. Conversely, if the marriage between relatives is not recognized, the children born from the marriage are not entitled to inherit based on customary inheritance law.
Urgensi Pengendalian Pemecahan Sertifikat Tanah Sawah untuk Perlindungan Lahan Pertanian Berkelanjutan Silviana Desi Safitri
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.90529

Abstract

The subdivision of land certificates for paddy fields in Indonesian agrarian law practice is part of land administration services aimed at providing legal certainty over land rights. However, in its implementation, this practice has the potential to cause fragmentation of agricultural land, which may reduce agricultural productivity and accelerate land-use conversion. This study aims to analyze the legal regulation of land certificate subdivision for paddy fields within the Indonesian agrarian legal system and to examine the urgency of its control in the context of sustainable agricultural land protection. The research method used is normative legal research with statutory and conceptual approaches. The findings show that the regulation of land certificate subdivision does not explicitly provide strict limitations oriented toward agricultural land protection, resulting in normative gaps and disharmony between land administration policies and agricultural land protection policies. Furthermore, empirical conditions indicate that land fragmentation through certificate subdivision contributes to the acceleration of agricultural land conversion, as observed in several regions such as Bali, Klaten, and Lampung Selatan. Therefore, legal reconstruction is required through strengthening regulations governing the limitation of paddy field certificate subdivision and integrating land administration policies with sustainable agricultural land protection. Consequently, controlling land certificate subdivision is an essential legal instrument to ensure the sustainability of agricultural land and to support national food security.
The Construction of Criminal Liability in Cyber Extortion Offenses in Indonesia Lailatul Mustaqimah
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.91869

Abstract

The rapid advancement of information and communication technology has transformed conventional patterns of criminal conduct into digitally mediated forms, including cyber extortion. Unlike traditional extortion, which relies on physical coercion, cyber extortion operates through threats of disseminating personal data, sensitive information, or digital content to obtain unlawful benefits. Within contemporary criminal law discourse, this offense constitutes an information-control–based crime that generates not only economic harm but also social, psychological, and reputational damage to victims. This study examines the construction of criminal liability in cyber extortion under the Indonesian legal system and evaluates whether existing legal frameworks adequately address the distinctive characteristics of digitally facilitated coercion. Employing a normative juridical method that incorporates statutory, conceptual, and case-based approaches, the research analyzes provisions of the Indonesian Criminal Code and the Law on Electronic Information and Transactions, drawing on doctrinal and scholarly sources. The findings demonstrate that criminal liability remains anchored in the principles of legality and culpability; however, significant challenges arise in formulating offense elements, attributing digital actors operating through virtual identities, and authenticating electronic evidence. This article advocates for a normative reinterpretation of non-physical threats within extortion doctrine, arguing for adaptive penal policy reform to enhance legal certainty, evidentiary reliability, and victim protection in the digital era.
Dualisme Rezim Hukum Pegawai Tetap Non-PNS Perguruan Tinggi Negeri Badan Hukum yang Berkedudukan Sebagai Pejabat Negara Fairuz Zahirah Zihni Hamdan; Tony Hanoraga
Notaire Vol. 9 No. 2 (2026): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v9i2.93185

Abstract

The appointment of permanent non-civil servant staff from State Universities with Legal Entity Status (PTNBH) as State Officials at Non-Ministerial Government Agencies (LPNK) triggers complexities of a dual legal regime and potential conflicts of interest. This research aims to analyse the legal standing of such staff serving as state officials, and to formulate legal resolutions consequent to this dual regime and potential conflict of interest. Utilising normative legal research alongside conceptual and statutory approaches, this study demonstrates that permanent non-civil servant staff at a PTNBH are initially workers bound by an Indefinite Term Employment Agreement (PKWTT) under the private employment law regime. Upon appointment to LPNK leadership, their legal standing transforms into that of a state official, entering the public administrative law regime. Such transformation highlights the urgency of temporary suspension to prevent conflicts of interest between executing state duties and fulfilling academic responsibilities at the PTNBH. This deactivation further functions as a preventive measure against State Budget (APBN) inefficiency due to dual remuneration if suspension is omitted. Temporary suspensions must be predicated upon internal PTNBH regulations. Should internal regulations be absent, a legal lacuna arises when temporary suspension must be executed. Responding to this administrative exigency and legal lacuna, university leadership may draft a Bipartite Agreement via a PKWTT Addendum as the legal basis for suspending contract-bound staff, or append a Letter of Temporary Waiver of Rights complementing the Suspension Decree for staff appointed solely via a Rector's Decree upon acquiring permanent non-civil servant status.

Page 24 of 24 | Total Record : 236

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