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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 72 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.

Page 8 of 8 | Total Record : 72

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