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Yustisia Tirtayasa: Jurnal Tugas Akhir
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 28072863     EISSN : 28071565     DOI : http://dx.doi.org/10.51825/yta
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Yustisia Tirtayasa: Jurnal Tugas Akhir also known as Yustisia Tirtayasa is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 134 Documents
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Notary Protocols in Indonesia: Position, Urgency, and the Rule of Law Khairunnisa, Azzahra Kamiliya
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.31206

Abstract

This research addresses the critical yet under-regulated area of notary protocol submission and management within the Indonesian legal system. Despite the Notary Position Law (UUJN), a significant legal vacuum persists regarding implementation procedures, leading to practical obstacles such as lost or incomplete protocols and refusal of acceptance. This deficiency undermines legal certainty, hinders administrative efficiency, and risks harm to involved parties. This study offers a novel in-depth analysis of these shortcomings and proposes concrete, comprehensive regulatory solutions to streamline submission and management processes. The research contributes by providing specific recommendations aimed at enhancing legal certainty, preventing administrative issues, and ultimately strengthening the notary's role in upholding the validity and security of legal transactions. The urgent need for clearer regulations is underscored by the current practical impediments and their potential for broader legal disruption.
Insolvency and Legal Gaps in Unlegalized Murabahah Contracts Mahardika, Kamila Dwi; Hutomo, Putra; Anwar, Khoirul
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.30774

Abstract

This study aims to examine and analyze the legal consequences of murabahah agreements made underhand without legalization or waarmerking when the debtor fails to pay and to examine and analyze the legal certainty of murabahah agreements made underhand without legalization or waarmerking between the debtor and creditor. Murabahah agreements are often made underhand without legalization or waarmerking by a Notary to reduce contract costs and can be detrimental to creditors if the debtor defaults so that they must meet the terms of the agreement and sharia principles to obtain legal force in Court. The method used in the study is normative legal research. The research approaches used are the Legislation Approach, Case Approach, Analytical Approach, Conceptual Approach and the technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. The technique of analyzing legal materials is carried out with systematic interpretation, analogy construction and legal construction methods. From the research results, it was found that the murabahah agreement made underhand without legalization or waarmerking by a Notary has legal consequences in the form of binding the parties which gives rise to rights and obligations for the parties. The murabahah agreement made underhand without legalization or waarmerking by a Notary has legal certainty if it meets the terms of the agreement and meets the principles of sharia but does not have perfect legal proof. The murabahah agreement should be made with an authentic deed to obtain legal certainty and legal consequences in the form of perfect legal proof if in the future the debtor commits a default in the form of failure to pay.
The Legal Conundrum of Electoral Dispute Settlement Regarding the Candidacy Threshold Fathurokhman, Ferry; Rayhan, Ahmad; Karsa, Pipih Ludia; Gunawan, Muhammad Safaat
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.32751

Abstract

This study addresses the persistent challenges in Indonesian electoral dispute resolution and candidacy threshold regulations, a recurring issue in both general and regional elections, notably in 2024. The urgency lies in the need for robust legal frameworks to ensure fair and democratic processes. Employing a normative juridical method with legal, historical, comparative, and conceptual approaches, this research offers novel insights into optimizing dispute settlement mechanisms. It proposes empowering Bawaslu, KPU, and DKPP for proactive and reactive oversight, alongside advocating for candidacy threshold adjustments aligned with prevailing laws and Constitutional Court rulings on presidential thresholds. This research contributes by offering concrete policy recommendations for a more stable and just electoral system.
Kampung Tua Batam Policy Model: Between the Right of Indigenous Peoples and Presidental Decree Raziansyah, Reza Philafi; Amboro, F. Yudhi Priyo; Sudirman, Lu
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 5, No 2 (2025): Rule of Law: Legal Certainty, Policy, and Governance
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v5i2.31220

Abstract

Currently, there is a regulatory conflict regarding Kampung Tua (Traditional Villages) in Batam, where there is an overlap between Presidential Decree No. 41/1973, which grants Management Rights of all land in Batam Island to the Batam Authority, and Batam City Regional Regulation No. 2/2004 on Spatial Planning that includes the definition of traditional villages. To resolve this conflict, it is recommended that the Batam City Government and BP Batam implement Romli Atmasasmita's Integrative Law Theory and propose alternatives by designating Kampung Tua as a cultural heritage area with tourism potential development, not solely focusing on industrial areas, thus requiring an effective Kampung Tua Policy Model to reduce prolonged conflicts. Methodology: This research employs a qualitative descriptive method with primary data collection through observations in9 districts and 18 sub-districts in Kampung Tua Batam. Data analysis was conducted descriptively-qualitatively using Batam City Regional Regulation No. 2/2004 as secondary data, supported by Good Governance theory and other relevant legal materials. Conclusion: The research findings indicate that there is complexity and regulatory overlap concerning Kampung Tua in Batam between Presidential Decree No. 41/1973 and indigenous community protection regulations, leading to legal uncertainty and prolonged conflicts. To address this, a comprehensive approach is needed through the implementation of Integrative Law Theory, establishment of cultural heritage status, and implementation of Administrative Policy Theory, considering aspects of law, law enforcement, infrastructure, community, and culture to achieve a balance between legal certainty, community welfare, and cultural preservation.

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