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Jurnal Penelitian Serambi Hukum
Published by Universitas Islam Batik Surakarta
ISSN : 16930819     EISSN : 25495275     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law (Hukum Perdata) 3.Constitutional Law (Hukum Tata Negara) 4.State Administrative Law (Hukum Administrasi Negara) 5.Procedural Law (Hukum Acara) 6.International Law (Hukum Internasional) 7.Enviromental Law (Hukum Lingkungan) 8.Tax Law (Hukum Pajak) 9.Islamic Law (Hukum Islam) 10.Law and Human Right (Hukum dan HAM) 11.IPR Law (Hukum dan HAKI)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 166 Documents
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Peran Badan Pertanahan Nasional dalam Mengatasi Masalah Tumpang Tindih Sertifikat Tanah Aprilianti, Dwi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1435

Abstract

The existence of double certificates is one of the problems that arises in the land registration process, which is also known as overlap in relation to land rights issued by the local land office. This can happen when more than one land title certificate is issued on one plot of land. Of course, this double certificate will result in a civil dispute because it could harm the rights of each party. The aim of this research is to gain an understanding of the role of the national land agency in overcoming the problem of overlapping land certificates. This research is a normative legal study adopting a conceptual approach by examining views and theories in the field of law as well as a statutory approach to researching regulations related to existing legal issues. The occurrence of duplicate certificates which results in legal defects such as fake certificates and duplicate certificates because they are influenced by internal and external factors. Internal factors, namely the Basic Agrarian Law and related regulations in its implementation, are not implemented responsibly and consistently. External factors include people who do not understand the laws and regulations that apply in the land sector, especially regarding procedures for making land certificates.
Tanggung Jawab Hukum Notaris/PPAT Dalam Pembuatan Akta Jual Beli Yang Dipersengketakan: Analisis Putusan Nomor 26/Pdt.G/2024/Pn Gto Ramadhani, Mutiara Putri
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1436

Abstract

Disputes concerning the validity of Sale and Purchase Deeds (Akta Jual Beli/AJB) frequently arise in Indonesian land law practice, particularly when such deeds are alleged to have been executed without adequate explanation or without the genuine consent of the parties. This study examines the legal liability of Notaries/Land Deed Officials (PPAT) in the preparation of an AJB that later became the subject of litigation, focusing on District Court Decision Number 26/Pdt.G/2024/PN Gto and the subsequent appellate and cassation decisions. Employing a normative juridical method with statute, case, and conceptual approaches, this study analyzes the extent to which a Notary/PPAT bears responsibility for procedural compliance during the execution of an authentic deed. The findings reveal that the formal duties of Notaries/PPAT—such as reading the deed aloud, providing a comprehensive explanation of its content, and verifying the identity and intent of the parties—are crucial in determining the validity of an authentic deed. In the examined case, although the Plaintiff alleged defects of will and procedural irregularities in the AJB, the High Court and the Supreme Court did not assess the substantive liability of the Notary/PPAT. This occurred because the lawsuit was deemed formally defective due to the absence of a necessary party, namely the bank holding the mortgage over the disputed property. Consequently, the Notary/PPAT’s liability could not be judicially examined, creating a significant legal gap in the protection of parties who may be adversely affected by such transactions. This research underscores the importance of due diligence and the verification of party intent by Notaries/PPAT, as well as the need for procedural reforms in land dispute litigation in Indonesia.
Pengaturan Pembatasan Impor Bahan Bakar Minyak (BBM) Satu Pintu Terhadap Pertamina Dalam Perspektif Hukum Persaingan Usaha Cahyani, Putri Nur; Alya' Labibah, Hanin; Yasir, Muhammad
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1437

Abstract

The policy of restricting the import of Fuel Oil (BBM) through a one-stop mechanism that designates PT Pertamina (Persero) as the main implementer is a strategic step by the government to ensure national energy security amid an imbalance between domestic fuel production and consumption. However, the policy has legal implications from a competitive legal perspective, especially related to the potential for monopoly practices and market domination. This study aims to analyze Pertamina's actions in controlling fuel imports and assess the suitability of the one-stop fuel import policy with the provisions of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used is normative legal research with legislative, conceptual, and business competition policy approaches. The results of the study show that the centralization of fuel imports has the potential to limit business competition, strengthen Pertamina's market dominance, and reduce consumer choices, thus requiring strict supervision and evaluation so that the goal of energy stability remains in line with the principles of healthy business competition.
Efektivitas Pelaksanaan Rehabilitasi Terhadap Pengguna Narkotika Dalam Pasal 127 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika (Studi Kasus di Badan Narkotika Nasional Kabupaten Tuban) Spristisia, Arum; Handayani, Tri Astuti; Yasin, Bukhari
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1438

Abstract

This study examines the implementation of rehabilitation for narcotics users under Article 127 of Law Number 35 of 2009 and evaluates its effectiveness at the National Narcotics Agency of Tuban Regency (BNNK Tuban). This empirical legal research was conducted through interviews with the Head of the Rehabilitation Team, field observations, and literature review. The findings show that rehabilitation programs at BNNK Tuban comply with the law and BNN technical guidelines, covering integrated assessment, determination of outpatient or inpatient services, medical and psychosocial therapies, and post-rehabilitation services. The program is considered effective in improving clients’ physical, psychological, and social conditions, particularly for those consistently participating in after-care programs. However, its effectiveness is hindered by limited facilities, lack of professional staff, and persistent social stigma. This study recommends strengthening assessment mechanisms, enhancing after-care services, and promoting public education to reduce relapse rates.
Peran Tanah dalam Administrasi Pemerintahan: Tinjauan Yuridis dan Manajerial di Indonesia Zaenal, Abdil Rahman; Isnayani, Isnayani
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1439

Abstract

Land has a strategic function in the government administration system, both as an economic resource and as an object of law and regional governance. This journal discusses the importance of land management in public administration, covering aspects of land law, management of state-owned land assets, agrarian conflicts, and digitization of land information systems. The research was conducted through literature studies and legal analysis of regulations such as the Basic Agrarian Law, the Job Creation Law, and the Head of the National Land Agency Regulation. The results of the study show that inaccuracies in land administration are the main causes of overlapping ownership and agrarian conflicts. Therefore, digital and participatory-based land administration reform is urgently needed.
Peran PPAT Dalam Penyelesaian Sengketa Non Litigasi Tumpang Tindih Penetapan Tanda Batas Tanah Untuk Pendaftaran Tanah Pertama Kali di Kantor Pertanahan Kabupaten Purbalingga Wardhana, Anindita Tri
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1443

Abstract

Land registration is a very important thing to get legal certainty regarding someone's land ownership, especially with the rampant news of land mafia cases, land grabbing, and the issue of abandoned and unregistered land will be taken by the State, which actually needs to be further deepened in its understanding about the takeover of abandoned land by the state so that it does not become a Hoax news. These issues have succeeded in making people begin to realize the importance of registering their lands, especially those they live in and do not have certificates, so that many are starting to be aware and register their land at the land office in the local district or city to ensure legal certainty regarding ownership of the land they occupy or own. However, in practice, even if someone has registered their land at the land office, problems can arise during the process. These problems vary, for example, overlapping land ownership and control, which can lead to land disputes. Efforts to resolve disputes over land boundary determination during initial registration by a Land Deed Official (PPAT), involving village/sub-district officials, are the only non-litigation approach. Therefore, these boundary determination disputes can take several rounds and over a very long period of time before the parties finally decide to bring them to litigation. If the dispute is brought to litigation, the PPAT no longer has any role or authority; instead, it must await the Court's determination or decision regarding the land boundary. Problems inevitably arise during the land registration process, often hindering registration. Therefore, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency issued Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning the Handling and Settlement of Land Cases.
Penyelesaian Tindak Pidana Pencurian Melalui Pendekatan Restorative Justice (Studi Kasus Putusan Pengadilan Negeri Bojonegoro No.148/Pid.C/2025/Pn Bjn) Pratiwi, Dinda Adelia; Handayani, Tri Astuti; Yasin, Bukhari
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1446

Abstract

The Crime of Theft is an act of harm to the victim for the actions of the perpetrator in taking valuables owned by the victim. At this time, the Crime of Theft is still a fairly significant problem in terms of crime and social loss with diverse backgrounds, which are often carried out collectively by perpetrators in the form of taking the victim's belongings. Along with the development of the criminal justice system in Indonesia, the criminal justice system offers a restorative justice approach as an alternative option in resolving legal cases, which emphasizes the restoration of the conditions as they were before and the balance of interests of all parties involved. In this case, the application of restorative justice is not only applied to the Juvenile Court System, but can also be applied to Police Regulations (Investigation and Investigation), Prosecutor's Office (Prosecution) and Courts (Final Decisions). In this study, a normative juridical approach method was applied, which emphasizes analysis of applicable legal norms and principles as the main basis for the study, especially in the case of the crime of Theft. This study is intended to examine the application of the restorative justice approach in handling the crime of Theft, as reflected in the Bojonegoro District Court Decision Number 148/Pid.C/2025/PN Bjn. This approach is considered effective in producing a fairer, more effective, and recovery-oriented settlement compared to punishment alone. Therefore, it can be concluded that the results of this study show that the application of restorative justice in the settlement of theft crimes can be a relevant alternative solution in realizing a fair and humane criminal justice system.
Akibat Hukum Terhadap Akta Wasiat Yang Tidak Diketahui Para Ahli Waris Dan Penerima Wasiat Setelah Pembagian Harta Waris Berdasarkan Hukum Waris Barat Oksavina, Monica Belinda; Kurniawati, Husni
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1456

Abstract

A Will (testament) is a legal instrument containing a person’s declaration regarding what he or she wishes to take effect after death, and it may be revoked by the testator at any time. In practice, a testator often does not inform family members or even beneficiaries of the existence of a will, with the expectation that upon death the will shall be implemented and the estate distributed in accordance with its provisions. This study examines the legal consequences of a will that is unknown to the heirs and beneficiaries after the distribution of the estate has been carried out, as well as the measures that must be undertaken prior to the execution of inheritance distribution. This research employs a normative juridical research method with a statutory approach. A will that is unknown to the heirs remains valid and retains its legal force. Where the distribution of inheritance is not based on an existing will, such distribution may prejudice the beneficiaries designated in the will. Consequently, the beneficiaries are entitled to assert their rights against the heirs and may demand a redistribution of the inheritance in accordance with the will. The procedure that must be undertaken prior to the distribution of inheritance is the verification of the existence of a will through the Central Register of Wills, which may be facilitated by a Notary by complying with the procedures stipulated in the Regulation of the Minister of Law of the Republic of Indonesia No. 16 of 2025.
Narasi Kehormatan (Siri’) dalam Perkara Pembunuhan terhadap Perempuan di Sulawesi Selatan Kadir, Zul Khaidir; Mappaselleng, Nur Fadhilah; Kadir, Nadiah Khaeriah
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1460

Abstract

This article examines how Indonesia’s criminal law system and judicial practice allow narratives of honour (siri’) to enter the adjudication of homicide cases involving women, and assesses the consequences for the protection of the right to life and the position of victims within criminal proceedings. The study employs a normative legal method with doctrinal and jurisprudential approaches. Primary legal materials consist of Law No. 1 of 2023 on the Criminal Code, particularly Article 458(1) and (2) on homicide and Articles 31–44 on justifying and excusing grounds, analysed alongside a corpus of court decisions from South Sulawesi. The analysis shows that siri’ operates as a causal premise in the construction of facts, primarily through the language of shame and commands to restore family honour, allowing judicial reasoning to shift from the victim’s rights to the reputational interests of the perpetrator’s family. Although the new Criminal Code establishes homicide as an unlawful deprivation of life and provides for aggravated punishment when the victim is a close family member, the discretionary space within sentencing guidelines enables honour-based motives to function as mitigating considerations, despite siri’ falling outside the closed categories of justifications and excuses. At the same time, evidentiary practices centred on chronology, perpetrator communication, and socially legitimised forgiveness narrow the space for victims as rights-bearing subjects, increasing the risk of silencing at the stages of reporting, examination, and sentencing.
Independensi Pengawas Internal dan Eksternal Birokrasi Publik Serta Implikasinya Terhadap Good Governance Iskandar, Gilang; Pranoto, Edi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1463

Abstract

This study examines the level of independence of internal and external oversight in the administration of public bureaucracy and its implications for the implementation of good governance principles. Oversight serves as a fundamental instrument in a rule of law state to limit the exercise of power and ensure administrative accountability. Although the legal framework regulates the roles of the Government Internal Supervisory Apparatus and external oversight institutions, oversight practices continue to face structural, cultural, and authority-related constraints that undermine independence. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that weak oversight independence reduces the effectiveness of administrative control, increases the risk of maladministration, and hinders the consistent application of good governance. Strengthening regulatory frameworks, reforming oversight institutions, and improving bureaucratic culture are therefore essential to ensure objective and integrity-based oversight.

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