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INDONESIA
i-Latinnotary Journal: Internasional Journal of Latin Notary
Published by Universitas Pasundan
ISSN : -     EISSN : 27466159     DOI : https://doi.org/10.55904/journal.v2i1
Core Subject : Humanities, Science, Education, Social,
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, Women Studies, Hospitality, and Tourism. etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 77 Documents
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Legal Standing of Condominium Owners Association Independently Established During Developer Bankruptcy Intan, Rateh Nyimas; Noor, H. Aslan; Bunawan, Petra
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.129

Abstract

This study examines the legal standing of condominium owners' association establishment deeds created independently by unit owners and residents when the developer company is declared bankrupt. The research also identifies appropriate dispute-resolution mechanisms for resolving disputes between residents and bankrupt developers regarding association formation. This study employs a normative juridical method, drawing on statutory and case law. Law Number 20 of 2011 concerning Condominiums mandates developers to establish owners' associations within a specified period. However, in practice, developers fail to fulfil this obligation, leaving residents without legal representation in collective property management. In such circumstances, unit owners may independently form their association through deliberation, documented in a notarial deed. The findings demonstrate that association establishment deeds created independently by residents possess valid legal standing and binding force, provided they satisfy the requirements under Article 1320 of the Indonesian Civil Code and comply with applicable procedural regulations. The developer's bankruptcy status does not invalidate a previously established association, as the association constitutes an independent legal entity separate from the developer. Dispute resolution should prioritise mediation to achieve mutual agreement among the parties. However, when mediation fails due to the developer's bad faith or unwillingness to transfer management authority, residents may file lawsuits to obtain legal certainty and compensation for damages incurred. Additionally, developers who neglect their obligation to facilitate association formation may be subject to administrative sanctions under condominium regulations.
Regulatory Framework, Contractual Structures, and Legal Challenges of Conventional and Sharia Equity Crowdfunding (ECS) for MSME Financing in Indonesia: Comparative Analysis with Malaysia MD NOR, Mohd Zakhiri; Noor, Nadiya Salsabila; Maruf, Irma Rachmawati
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.194

Abstract

This study examines the regulatory framework, contractual structures, and legal challenges of conventional and sharia equity crowdfunding as alternative financing mechanisms for Micro, Small, and Medium Enterprises in Indonesia, with comparative insights from Malaysia. The research employs a normative legal methodology analyzing primary legal instruments including Indonesian Finance Authority Regulation, and related regulations, supplemented by empirical literature examining crowdfunding implementation in both jurisdictions. The findings reveal that Indonesia operates a dual regulatory framework combining securities regulations with Islamic jurisprudential guidance, while Malaysia pioneered ECS licensing in 2015 with ongoing debates regarding Sharia governance depth. Conventional equity crowdfunding employs standard share subscription agreements under corporate law, whereas sharia equity crowdfunding utilizes Islamic contracts including musharakah, mudharabah, qardh hasan, and ijarah to ensure compliance with prohibitions against riba, gharar, and maysir. The study identifies three significant legal issues: regulatory gaps particularly concerning sharia share offering provisions and Sharia Supervisory Board responsibilities, cybercrime vulnerabilities affecting unregistered platforms comprising approximately ninety percent of sharia operators, and money laundering risks through electronic payment mechanisms. The research further demonstrates that religious investors significantly influence crowdfunding success, with Islamic campaigns attracting 37.1 percent higher funding based on empirical evidence from comparable markets. The study concludes that effective sharia crowdfunding development requires statutory-level legislation, enhanced Indonesian Finance Authority Regulation supervision of unregistered platforms, mandatory cybersecurity standards, comprehensive Sharia governance frameworks with separate review, audit and risk functions, and targeted financial literacy programs. These recommendations aim to bridge the gap between sharia principles and positive law while expanding MSME access to equity-based financing aligned with maqasid al-Shariah objectives.
The Application of The Fairness Principle Legal Protection For Parties in Limited Liability Company Suci desy Mitalina; Sayid Muhammad Rifki Noval; Petra Bunawan
International Journal of Latin Notary Vol. 6 No. 2 (2026): Internasional Journal of Latin Notary, March 2026
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i2.93

Abstract

A corporate merger is a process by which two or more legal entities are combined to form a single, larger entity. In Indonesia, the merger process is regulated under Law No. 40 of 2007 on Limited Liability Companies (Undang-Undang Perseroan Terbatas, UUPT). This article analyses the application of legal protection for the parties involved in the merger of a Limited Liability Company (Perseroan Terbatas, PT), particularly from the perspective of the fairness principle, which constitutes the principal foundation of any business transaction. Legal protection in a merger context is critical because such transactions may adversely affect certain parties, especially minority shareholders and creditors. The application of the fairness principle in PT mergers is therefore essential to the creation of a fair and transparent business climate. Using a descriptive-qualitative method with a normative juridical approach, the study examines the relevant Indonesian statutory framework alongside scholarly commentary on corporate fairness. The findings indicate that, although the UUPT and its implementing regulations have established a multi-layered framework of protection covering shareholders, creditors, and workers, gaps remain in the operationalisation of fairness, particularly in the areas of transparency of information, valuation, and the protection of minority shareholders. Strengthened due diligence, independent valuation, and effective dispute resolution channels are accordingly recommended to give substantive effect to the fairness principle in Indonesian merger practice.
The Liability of Land Deed Officials For The Embezzlement Of Duties On The Acquisition Of Rights Over Land Mohamad Bima Dwika; Anthon F. Susanto; Deden Sumantry
International Journal of Latin Notary Vol. 6 No. 2 (2026): Internasional Journal of Latin Notary, March 2026
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i2.97

Abstract

Land Deed Officials  play a pivotal role in land transactions, particularly in the preparation of authentic deeds that serve as the legal basis for the transfer of rights over land. In practice, PPATs frequently receive deposits from taxpayers for the payment of the Duty on the Acquisition of Rights over Land and Building). Cases have nevertheless emerged in which PPATs have abused this authority by embezzling the BPHTB funds entrusted to them. This study aims to analyse the legal liability of the PPAT in cases of BPHTB embezzlement and its juridical implications. A normative juridical method with a descriptive-analytical specification is employed, drawing on the relevant statutory regulations and a case study of the decision of the Semarang District Court No. 738/Pid.B/2018/PN Smg. The findings show that the embezzlement of BPHTB by a PPAT fulfils the elements of the criminal offence of embezzlement under Articles 372 and 374 of the Indonesian Criminal Code. The conduct also constitutes a breach of the professional code of ethics, attracting administrative sanctions up to and including revocation of the PPAT licence. In more complex cases, the PPAT may further be charged under the Anti-Money Laundering Law and the Anti-Corruption Law where state financial losses can be established. The study underlines the need for stricter supervision over the practice of BPHTB deposits with PPATs and improved legal literacy among taxpayers regarding the direct payment of taxes. Regulatory reform is likewise necessary to provide legal certainty as to the boundaries of PPAT authority in the handling of tax funds.
The Liability Of Notaries For The Unlawful Acts Of Authentic Deeds Riska Junita; T.Subarsyah
International Journal of Latin Notary Vol. 6 No. 2 (2026): Internasional Journal of Latin Notary, March 2026
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i2.99

Abstract

This study examines the liability of the notary for the material truth of authentic deeds that subsequently give rise to unlawful acts. A notary is a public official authorised to prepare authentic deeds in respect of all legal acts, agreements, and declarations, in accordance with the law governing the position of the notary. The research employs a normative juridical method, drawing on library-based legal sources supplemented by field research. The study adopts a descriptive-analytical specification with a normative analytical method. The findings show that the notary’s responsibility is to ensure that the procedure for preparing the deed complies with the law, but the notary does not bear responsibility for the material truth of the contents of the deed, which originate from the appearing parties. Where a notary commits a fault or omission in respect of the material aspects of an authentic deed, causing loss to others and giving rise to an unlawful act that can be proved, the notary may be held administratively accountable through sanctions ranging from reprimand to dismissal, civilly accountable through the payment of damages, and criminally accountable; where it is proved that the notary intentionally or knowingly prepared, conspired in, or signed a false deed, he or she is subject to criminal liability for complicity in the forgery of a deed.
The Evidentiary Legal Force of Auction Minutes Prepared By Class II Auction Officials in Disputes Over Voluntary Auction Objects Agung Trilaksono; Petra Bunawan; Teddy Chandra
International Journal of Latin Notary Vol. 6 No. 2 (2026): Internasional Journal of Latin Notary, March 2026
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i2.136

Abstract

This study examines the evidentiary legal force of the auction minutes (risalah lelang) prepared by Class II Auction Officials in voluntary auctions and the role of such minutes in legal disputes involving auction objects. The auction minutes constitute an official document that records the entire course and outcome of an auction and are therefore frequently invoked as evidence in auction-related disputes. The principal aim of this research is to assess whether the auction minutes can be relied upon as valid and authoritative evidence when challenged through litigation, particularly when a party claims to have been disadvantaged by the auction outcome. The research employs a normative juridical method, combining a statutory approach with case analysis. The findings indicate that auction minutes prepared by Class II Auction Officials possess significant legal force provided that the auction process complies with the applicable regulations. In practice, however, challenges arise, especially when third parties contest the procedure or outcome of the auction. The study recommends stricter supervision and clearer regulatory standards to ensure that the auction process is conducted in a fair and transparent manner.
Post-Financial Close Management Of Public-Private Partnership And Build-Operate-Transfer Contracts In Supporting The Achievement Of Sustainable Development Goals Fauzee; Mohd Sofian Omar; I.R. Maruf
International Journal of Latin Notary Vol. 6 No. 2 (2026): Internasional Journal of Latin Notary, March 2026
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i2.224

Abstract

Public-Private Partnership (PPP) and Build-Operate-Transfer (BOT) schemes have been positioned by the United Nations as strategic instruments to achieve the Sustainable Development Goals (SDGs), particularly SDG 9 on Industry, Innovation and Infrastructure, SDG 11 on Sustainable Cities and Communities, SDG 16 on Peace, Justice and Strong Institutions, and SDG 17 on Partnerships for the Goals. Indonesia faces an infrastructure investment need of IDR 10,303 trillion for the 2025-2029 period, making PPP and BOT schemes vital instruments. However, the success of long-term infrastructure projects is not only determined by initial planning and financing but is also highly dependent on contract management after financial close. This article analyzes global best practices in PPP and BOT contract management based on a study of more than 250 infrastructure projects and 25 case studies from various countries, integrating the People-First PPP paradigm developed by UNECE as a bridge between contract management and SDG achievement. The research employs a qualitative method with normative and comparative approaches, supported by semi-structured interviews with three officials and PPP project consultants. The results indicate that 45 percent of global PPP contracts undergo renegotiation before their tenth year, while Indonesia still faces challenges in dual land rights, the absence of professional contract management units, and the weak integration of SDG indicators in post-contract performance evaluation. By reviewing the Indonesian legal framework and comparing it with international practices in Colombia, South Africa, and the United Kingdom, this article formulates five SDG-based strategic recommendations to strengthen the governance of partnership-based infrastructure projects.

Page 8 of 8 | Total Record : 77

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