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Warkat
Published by Universitas Brawijaya
ISSN : 2775721     EISSN : 30259657     DOI : https://doi.org/10.21776/warkat
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global challenges and ever-increasing legal interaction among developing countries, Warkat also welcomes articles on legal development in the ASEAN region and the larger Global South. Warkat has a broad scope related to notarial science. Examples include civil law, criminal law, constitutional law, state administrative law, international law, Islamic law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2025): Juni" : 5 Documents clear
Legal Position of Land Tenure in Forest Areas with Special Purposes (Case Study: UB Forest, Tawangargo Village and Donowarih Village, Malang Regency): Kedudukan Hukum Penguasaan Tanah dalam Kawasan Hutan dengan Tujuan Khusus (Studi Kasus: UB Forest, Desa Tawangargo dan Desa Donowarih, Kabupaten Malang) Kusdinar, Iqbal Firdaus; Wicaksono, Setiawan; Adianto, Daru; Ulum, Muhammad Bahrul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The establishment of the forest areas with specific purposes (KHDTK) is based on the Minister of Environment and Forestry Decision Number 196/Menlhk-PKTL/KUH/PLA.2/1/2020, dated January 22, 2020, regarding the designation of the Educational Forest Area within the protected forest and permanent production forest areas of Kepanjen Forest as the Education and Training Forest of Universitas Brawijaya covering an area of ​​544.74 hectares in Malang Regency, East Java Province. Land tenure within the forest area should be under the Ministry of Environment and Forestry (KLHK) based on the Boundary Marking Minutes. In reality, there is still land tenure within the forest area controlled by the community, where the land is inherited from previous generations and can be used for settlements. Land tenure has been ongoing since the Dutch colonial era in 1919, as confirmed by the Malang Regency Land Office, with the community occupying the location since 1937. The author aims to highlight the legal issues between Sumberwangi Hamlet in the administrative area of Donowarih Village and Sumbersari Hamlet in the administrative area of Tawangargo Village. Considering the history of the formation of Donowarih Village and Tawangargo Village, the establishment history of UB Forest, and the analysis of legal status overlaps between the villages and the UB Forest management, this research conducts a comparative analysis of the settlement regulations, correlating them with land or forest area utilization based on Forestry Law Number 41 of 1999 and Village Law Number 6 of 2014.
Tinjauan Hukum Terhadap Fenomena Kawin Kontrak : Perspektif Hukum Islam dan Hukum Positif Indonesia Wardhani, Sartika Dwi Kusuma; Ambarsari, Ririen Indria Dian; Bidasari, Anindya; Suciati; Fahmi, Tishlahatul Ulya Muflihal
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Marriage is a sacred and everlasting agreement. The phenomenon of contract marriage raises issues regarding the legal regulations that bind it. Contract marriage is a marriage based on an agreement to live together for a certain period of time and compensation to certain parties. The desire to fulfill biological needs is one of the objectives of implementing contract marriage. This study uses a normative legal method which is the main reference for the regulations in force in Indonesia. The results of the study explain that contract marriage has no legal force. The legal consequences that arise are that a wife cannot obtain the general rights of a legal wife, and children born from contract marriage do not have a civil relationship with their father.
The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
Obstacles to the Winner of the Mortgage Rights Execution Auction to Receive the Auction Object in Real Time Tristania, Cendikia Salwa Fadhillah; Dewi , Amelia Sri Kusuma; Suwardiyati , Rumi; Alam, Zairul; Putri, Dhita Widya
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The author raises the issue of the obstacles faced by the winner of the auction for the execution of mortgage rights in obtaining the auction object, especially in the event that the auction object is empty because of the background of the problems experienced by the auction winner in receiving the auction object that has been purchased in real terms. This research uses empirical research methods with a sociological juridical approach, by analysing secondary data (such as existing rules) and primary data obtained through interviews and observations at the research location. The lack of clarity and firmness of the rules regarding the real delivery of auction objects, as well as inadequate infrastructure, limited public knowledge, debtor non-compliance with the law, and a culture of breaking the law among debtors, resulted in the implementation of the delivery of auction objects in an empty and uninhabited state not running smoothly. The absence of clear regulations regarding the seller's responsibility in the real delivery of goods and the reluctance of debtors to vacate the auction object are significant obstacles. To ensure the smooth implementation of the auction, it is necessary to improve the regulations regarding the delivery of immovable objects and increase public awareness through socialisation efforts.
Application of the Principle of Nationality in the Ownership of Flat Units by Foreigners Yunas, Sarah Safira; Koeswahyono , Imam; Masykur, M. Hamidi; Ikaningtyas
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The regulation of space ownership, particularly for foreigners owning apartment units in Indonesia, lacks clear substance in Law No. 6 of 2023 (Omnibus Law) and its derivatives. This is due to the principle of Nationality, which is the main principle in acquiring property rights based on the Agrarian Law Policy. Although foreigners’ property ownership rights are limited, this raises conflicts as stated in Article 9 paragraph (1) of the Agrarian Law. This research employs normative juridical method with statute and conceptual approaches to address these issues. The analysis of legal materials and regulations found that the Agrarian Law asserts that foreigners can only obtain the Right to Use land. However, the Agrarian Law lacks dynamism when applied to space ownership rights. Ministry of Land Regulation No. 29 of 2016 offers a solution by limiting foreigners’ ownership of apartment units to the Right to Use Apartment Units (RIGHT TO USE A FLAT UNIT). This process differs from that for Indonesian citizens, which is based on the principle of Nationality. After this regulation was repealed, the Omnibus Law (OMNIBUS LAW) and its derivatives failed to provide concrete legal certainty and overlooked the principle of Nationality. Omnibus Law disregards the principle of Nationality and conflicts with the Agrarian Law and the Apartment Law (UU Rusun) as foundational regulations (lex specialis derogate legi generali).

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