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Jurnal Smart Hukum (JSH)
Published by PT Inovasi Pratama Internasional
ISSN : -     EISSN : 2961841X     DOI : https://doi.org/10.55299/jsh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 189 Documents
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Notary Responsibility in Making a Deed of Statement of Resolution of the GMS: Problems and Legal Consequences (Study of Decision No. 373/Pdt.G/2022/PN Jkt.Sel) Safira Firda Ivena; Noor Saptanti; Erna Dyah Kusumawati
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1953

Abstract

A notary is a public official who is responsible for the deeds they produce. A notarial deed, as an authentic deed, possesses perfect evidentiary power. An authentic deed drawn up by or before a notary must fulfill both formal and material requirements. If these requirements are not met, the deed may be declared legally defective, resulting in its nullification or invalidity. This study aims to analyze the legal responsibility of a notary and the legal consequences arising from the annulment of a notarial deed through a case approach based on Decision Number 373/Pdt.G/2022/PN Jkt.Sel. The results show that, in the decision, the notary was proven to have committed an unlawful act due to non-compliance with the provisions stipulated in the Law on Notary Position and the Notary Code of Ethics in drafting the Deed of Statement of Meeting Resolutions. Consequently, the deed was declared invalid and without legal force. The annulment gives rise to legal liability on the part of the notary and affects the validity of corporate decisions embodied in the deed, thereby creating legal implications for the parties concerned.
The Paradox of Judicial Power: The Indonesian Constitutional Court’s Activism in the Post‑Ahok Era and Its Impact on Electoral Democracy Christopher Panal Lumban Gaol; Samuel Frans Boris Situmorang; Seno Wibowo Gumbira; Irsyad Sudirman; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1957

Abstract

This study investigates the paradoxical role of the Indonesian Constitutional Court (Mahkamah Konstitusi, MK) in shaping electoral democracy after the 2017 Jakarta gubernatorial election that convicted Basuki Tjahaja Purnama (Ahok) for blasphemy. While judicial activism is generally seen as a mechanism to defend constitutional rights, the post‑Ahok period witnessed a surge in MK rulings that override electoral commissions and construct new legal norms, often with majoritarian and exclusionary undertones. Employing a panel fixed‑effects regression on 34 Indonesian provinces from 2014 to 2023, this research quantitatively examines the relationship between MK activism in electoral disputes and provincial electoral democracy scores. The independent variable, a novel Judicial Activism Index (JAI), captures annual counts of MK decisions that annulled KPU determinations or introduced expansive interpretations in pemilu and pilkada cases. The results reveal a significant negative interaction effect between the JAI and the Post‑Ahok dummy (2017–2023) on the Provincial Electoral Democracy Score. In the post‑Ahok period, a one‑unit increase in activist rulings is associated with a 1.8‑point decline in democratic quality, controlling for economic and political covariates. The findings unveil a paradox: a court empowered to guard democracy can, under conditions of heightened identity politics, become a vehicle for democratic regression. The study calls for recalibrating the MK’s self‑restraint doctrine to prevent judicial overreach from undermining electoral pluralism
Regulation of the Deposit of Duty on The Acquisition of Land And Building Rights by Clients to Notaries in The Transfer of Land and Building Rights Anak Agung Krisna Sumantri; I Nyoman Putu Budiartha; Ni Made Jaya Senastri
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1961

Abstract

The regulation of BPHTB deposits by clients to notaries in the transfer of land and building rights is a crucial issue in Indonesian notarial, land, and local-tax law. This article analyses the normative position of notaries who receive client deposits for Duty on the Acquisition of Land and Building Rights (BPHTB) and the legal responsibility arising when the deposit is not used according to its intended purpose. This study applies normative legal research with statutory, conceptual, and case approaches. Legal materials are examined through grammatical, systematic, and teleological interpretation. The analysis shows that notaries have attributed authority to prepare authentic deeds, whereas receiving and managing BPHTB deposits is not expressly regulated in the Law on Notary Position, PPAT regulations, or local-tax rules. The regulatory silence creates legal uncertainty because the practice continues on the basis of trust and service efficiency. If deposited funds are misused or the transfer process is not completed, the notary may incur civil, administrative, ethical, and criminal liability. The article recommends limited regulation based on written authorization, fund segregation, transparent receipts, prompt tax payment, and enforceable professional sanctions
Legal Certainty in First-Time Land Registration Based on a Juridically Defective Compensation Certificate (SKGR): An Analysis of Decision Number 58/G/2024/PTUN.PBR, Decision Number 81/B/2025/PT.TUN.MDN, and Decision Number 799 K/TUN/2025 Luthvia Nur Azizah; Siti Hajariah A; Omar Damaraji Dewananda
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1977

Abstract

This study aims to analyze the legal certainty of first-time land registration based on a juridically defective Compensation Certificate (Surat Keterangan Ganti Rugi/SKGR) and the legal consequences of issuing a Certificate of Ownership resulting from such registration, as examined in Decision Number 58/G/2024/PTUN.PBR in conjunction with Decision Number 81/B/2025/PT.TUN.MDN and Decision Number 799 K/TUN/2025. This research employs a normative legal research method using statutory and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through a prescriptive method. The findings indicate that first-time land registration based on an SKGR that has lost its juridical validity cannot provide complete legal certainty for rights holders. Courts at all levels found that the issuance of the certificates contained procedural and substantive defects due to the use of a revoked SKGR, inconsistencies between physical data and the underlying title, failure to conduct the mandatory public announcement, and disregard of the rights of the party who had previously possessed the land. Consequently, the certificates were declared null and void and were ordered to be revoked by the National Land Agency. The decisions affirm that legal certainty in land registration can only be achieved when all legal requirements and procedures are properly fulfilled.
Agrarian Conflict and Legal Protection for Indigenous Peoples in North Sumatra Ariston Bachtiar Limbong; Ica Karina
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1985

Abstract

Agrarian conflicts involving indigenous communities in North Sumatra continue to escalate, threatening both tenure security and community well-being. This study quantitatively examines the relationship between the level of legal protection afforded to indigenous peoples and the intensity of agrarian conflict, along with its subsequent health consequences. A cross-sectional survey was conducted among 412 households across fifteen indigenous villages representing six ethnic groups. A Legal Protection Index was constructed based on land certification, customary forest recognition, access to legal aid, and perceived institutional effectiveness. Conflict intensity was measured through reported land disputes and violence, while health outcomes were assessed via self-reported stress, somatic symptoms, and conflict-related injuries. Descriptive analysis revealed that 68% of households had experienced at least one land dispute in the past five years, with corporate land grabbing being the dominant form. Multiple linear regression models demonstrated that a one-unit increase in the Legal Protection Index was significantly associated with a 0.47 reduction in conflict intensity (p<0.001) and a 0.39 decrease in poor health scores (p<0.001), after controlling for socio-demographic variables. Mediation analysis confirmed that legal protection indirectly protects health through dampening conflict. These findings underscore that deficient legal recognition of customary land rights exacerbates violent disputes and deteriorates indigenous health. Strengthening legal pluralism through formal recognition of adat territories and community-based paralegal services is an urgent public health and justice imperative
Veiled Exoneration: The Collision of Freedom of Contract and the Principle of Justice in Digital-Era Consumer Standard Clauses Maranatha Purba; Maidin Gultom; Ica Karina; Janus Sidabalok
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.2008

Abstract

The proliferation of digital platforms has normalized the use of standard form contracts, often concealing exculpatory clauses that effectively exonerate businesses from liability while binding consumers to non-negotiable terms. This article examines the latent tension between the principle of freedom of contract (partij autonomie) and the principle of justice within boilerplate consumer agreements in the digital ecosystem. Although freedom of contract serves as the doctrinal foundation of private law, its uncritical application in adhesive contracts frequently produces substantively unfair outcomes, particularly when consumers are presented with take-it-or-leave-it terms masked by digital consent mechanisms such as clickwrap and browsewrap agreements. This study employs a normative legal methodology, analyzing statutory regulations, judicial decisions, and comparative legal frameworks to deconstruct how veiled exoneration operates in practice. The findings reveal a structural asymmetry: while standard clauses enhance transactional efficiency, they systematically undermine procedural and substantive justice by shifting risks disproportionately onto consumers. Furthermore, the digital environment exacerbates this disparity through information asymmetry, algorithmic opacity, and the absence of meaningful bargaining power. This article argues that reconciling contractual freedom with justice demands a recalibrated regulatory approach that incorporates good faith obligations, enhanced disclosure duties, and judicial oversight over unconscionable terms. Ultimately, the paper contends that the digital era necessitates a rethinking of contract law doctrine, moving beyond formal consent toward a more equitable framework that safeguards consumer rights without wholly negating contractual autonomy.
Legal Protection Of Creditors Over Collateral In Bankruptcy Komang Krisna Yustika Putra; I Ketut Kasta Arya Wijaya; I Wayan Kartika Jaya Utama
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1965

Abstract

Legal protection of creditors over collateral in bankruptcy requires a systematic interpretation of mortgage law, bankruptcy law, and banking asset-quality regulation. This article analyzes the legal position of separatist creditors holding mortgage rights and the protection of banks in resolving foreclosed collateral assets when debtors are declared bankrupt. The study uses normative legal research with statutory, conceptual, and case approaches, focusing on the interaction between Law Number 4 of 1996 concerning Mortgage Rights and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The analysis shows that mortgage holders retain preferential and executorial rights, but those rights are procedurally restricted by bankruptcy law through a 90-day stay period and a two-month execution period after insolvency. Foreclosed collateral may be protected only when the takeover is valid, voluntary, properly documented, fairly valued, and not contrary to the collective nature of bankruptcy. The study argues that the principle of lex specialis derogat legi generali makes bankruptcy law prevail in bankruptcy proceedings, while preventive and repressive protection must be strengthened through harmonized regulation, authentic documentation, curator oversight, and clearer temporal standards for collateral execution
Customary Village Responsibility for the Protection of Customer Deposits in Village Credit Institutions in Bali Putra Krishna Kumara Jaya; I Made Suwitra; I Ketut Sukadana
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1966

Abstract

Customary village responsibility, Village Credit Institutions, deposit protection, and rush money are key issues in the governance of community-based finance in Bali. This article examines the protection of customer deposits in Village Credit Institutions (LPD) and the responsibility of LPD management when simultaneous withdrawals occur. This research applies empirical legal research with statutory, socio-legal, and customary law approaches. Primary data were obtained through interviews at LPD Desa Adat Mengwi, LPD Desa Adat Kesiman, and LPD Desa Adat Semaon, while secondary data were collected from legislation, scholarly literature, and institutional documents. The findings show that customer deposit protection is implemented through internal supervision, external audit, customary village assemblies, liquidity control, and the normative force of awig-awig and pararem. However, the absence of a mandatory and uniform deposit guarantee scheme creates legal uncertainty because customer protection still depends heavily on institutional soundness, customary trust, and the willingness of customary village authorities to intervene. In rush money situations, desa adat functions as an institutional buffer that restores public confidence, mediates disputes, and demands accountability from LPD managers. This article argues that a hybrid protection model is required by combining customary supervision, prudential governance, mandatory LPD-specific deposit guarantee standards, and clear civil or criminal liability for managerial misconduct.
Regulation Of Notarial Authority in the Transfer of Copyright Through Inheritance Pande Galih Gita Gayatri; Putu Ayu Sriasih Wesna; I.B Gede Agustya Mahaputra
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1982

Abstract

The regulation of notarial authority in the transfer of copyright through inheritance is a crucial issue in Indonesian civil law because copyright has become an intangible economic asset capable of generating royalties and other commercial benefits for heirs. This study analyzes the legal certainty of copyright transfer through inheritance and the appropriate forms of notarial deeds needed to document such transfer. The research applies normative legal research using statutory and conceptual approaches, with primary legal materials consisting of the Indonesian Civil Code, the Copyright Law, and the Notary Office Law. The findings indicate that copyright, particularly its economic rights, transfers by operation of law after the creator dies; however, authentic notarial deeds remain necessary to clarify heirship, identify the inherited copyright object, regulate economic-right management, and support administrative recording at the Directorate General of Intellectual Property. The notary does not determine heir status judicially but provides preventive legal protection through authentic deeds such as deeds of heirship statement, deeds of inheritance distribution, deeds of economic-right management, and deeds of transfer of economic rights. The article concludes that a more explicit technical regulation is required to harmonize copyright, inheritance, and notarial law
Notary Responsibility in Correcting Clerical and Typographical Errors in Deeds Ni Kadek Arisya Citra Repinta; Ni Luh Made Mahendrawati; I Wayan Kartika Jaya Utama
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1983

Abstract

This study constitutes normative legal research that analyzes the notary’s responsibility in correcting clerical and/or typographical errors in signed deeds, which plays an important role in ensuring the validity of deeds and legal certainty for the parties. The Notary Office Law grants notaries the authority to draw up authentic deeds concerning all legal acts, agreements, and stipulations required by statutory regulations. The focus of this study is the notary’s authority over clerical and/or typographical errors in the minuta deed, as well as the notary’s responsibility toward parties who suffer losses due to such errors in a minuta deed whose copy has already been issued. This research employs a conceptual approach and a statutory approach.Corrections are made in the presence of the appearers, witnesses, and notary, and are subsequently recorded in a deed of correction minutes. If an error causes losses to the parties, the notary may be held civilly, administratively, or criminally liable and is required to undertake corrective measures in accordance with the applicable legal provisions in order to ensure legal certainty, justice, and legal protection. The notary’s responsibility for typographical errors in a copied minuta deed is carried out through renvoi or by correcting the erroneous copy of the minuta deed, with initials affixed by the appearers, witnesses, and notary. Therefore, notaries must consistently uphold professionalism, accuracy, and the principle of prudence in carrying out their duties in order to ensure legal certainty and protect the interests of the parties

Page 17 of 19 | Total Record : 189

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