cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Zora Febriena Dwithia H.P
Contact Email
zorafebrienadhp@ub.ac.id
Phone
+62341-553898
Journal Mail Official
warkat@ub.ac.id
Editorial Address
Faculty of Law Universitas Brawijaya MT. Haryono Road Number 169, Malang, East Java - Indonesia Postalcode: 65145
Location
Kota malang,
Jawa timur
INDONESIA
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 50 Documents
 1   2   3   4   5 
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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).
Tinjauan Terhadap Status Hubungan Kerja Pekerja yang Diperbantukan di Perusahaan Lain: Studi Pertamina Group Julianto; Hosein, Siti Hajati
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.5

Abstract

This research aims to analyze the arrangements related to the employment relationship of workers who are seconded to other companies, the implementation of the employment relationship of workers who are seconded to other companies by taking a study at Pertamina Group, as well as the ideal arrangements related to the employment relationship status of workers who are seconded to other companies. The method used is normative juridical research method with qualitative data type. The results of the study show that the existence of a regulatory vacuum causes the non-achievement of legal certainty as one of the objectives of the law. Moreover, until now the Manpower Law has not explicitly regulated worker assistance. The government needs to strengthen labor regulations related to secondment of workers, including regulating the terms of secondment of workers, secondment agreements, protection of the rights of secondment workers, and settlement of industrial relations disputes of secondment workers. Secondment agreements that have been implemented by several companies, one of which is PT Pertamina (Persero), can be the basis for current arrangements related to worker secondment. In the secondment agreement, arrangements are made that as long as workers are seconded to other companies, there will be no transfer of employment relations from the home company to the user company. In addition, it also regulates the period of assistance and the rights of workers during the period of assistance, which are guaranteed at least the same as the rights of workers when working in the original company.
Parameter of Compulsory Wills in The Right of Inheritance for Stepchildren: Parameter Wasiat Wajibah dalam Hak Waris Bagi Anak Tiri Saleh, Farah Labita Putri Insyira Maharani; Sulistyarini, Rachmi; Hidayat, Fitri
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.1

Abstract

This Research examines the parameters that determine whether a stepchild is entitled to an obligatory will (wasiat wajibah) and includes a legal issue—that is, a legal vacuum in the regulation of wasiat wajibah for stepchildren. This legal vacuum is evident from the absence of explicit norms in Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI), which opens up the possibility of differing interpretations at the level of the religious courts. Accordingly, the researchers then sought an accurate formulation for determining those parameters using normative juridical research with an approach based on legislation, conceptual analysis, and case studies to observe the evolving materials of parameters in each case where judges apply the parameter in their decisions, grounded in the principles of justice, benevolence (maslahah), legal certainty, legality, and textual-legal foundations.To realize legal certainty while remaining aligned with the principles of legal progressiveness, judges often apply qiyās to the provisions on adopted children by considering the principles of justice, public benefit (maslahah), as well as emotional and caregiving relationships. This dynamic illustrates the efforts of the religious judiciary to maintain legal certainty in harmony with substantive justice. Based on these findings, this study recommends that the Supreme Court, the Ministry of Religious Affairs, and national regulatory bodies promptly establish explicit formal regulations concerning compulsory wills (wasiat wajibah) for stepchildren, either through a revision of the Compilation of Islamic Law (KHI) or through a Supreme Court Circular (SEMA) as a uniform juridical guideline. Such regulations should include objective criteria—such as the duration of caregiving and the degree of emotional closeness—so that judges no longer rely solely on individual interpretation. Accordingly, legal protection for stepchildren can be realized through norms that are clear, definite, and reflective of both justice and public welfare.
The Legal Validity of Oral Agreements in Online Arisan Practices: Kekuatan Hukum Perjanjian Tidak Tertulis (Lisan) dalam Arisan Online Widjanarko, Wildan Kristanto; Djumikasih; Nurhayati, Prawatya Ido
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.4

Abstract

This study examines the legal validity of oral agreements in electronic-based arisan practices, commonly known as “online arisan.” The issue arises due to the lack of clear and comprehensive regulations governing online arisan, despite its rapid growth in Indonesia. This regulatory gap has resulted in frequent acts of default by both organizers and participants. Although online arisan is based on contractual agreements between members and organizers, its implementation must also comply with the Electronic Information and Transactions Law (ITE Law), as the activities are carried out electronically. However, because online arisan is a relatively recent development, it has not been fully regulated under the ITE Law. Oral agreements in online arisan remain legally valid, as they meet the essential requirements for a binding contract under the Indonesian Civil Code. This is supported by Article 5(4) of the ITE Law, which affirms that online agreements do not always need to be made in writing. Nevertheless, oral agreements have limitations in evidentiary strength when disputes or breaches of contract arise. This study emphasizes the need for clearer and more detailed legal regulations to ensure legal certainty and protection for both organizers and participants in online arisan practices.
Implementation of Subsidized Housing Transfer Regulations Before Five Years: An Empirical Study on Subsidized Housing in Tangerang: Implementasi Pengaturan Peralihan Rumah Subsidi Sebelum Lima Tahun: Studi Empiris pada Perumahan Subsidi di Tangerang Putri, Ananda Salasa; Herlindah; Wicaksono, Setiawan
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.2

Abstract

Subsidized housing is a government-initiated housing program aimed at providing decent, affordable housing for low-income communities (MBR) to support family welfare. Article 55 paragraph (1) letter b of Law Number 6 of 2023, which ratifies Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation, clearly prohibits the transfer of ownership of subsidized houses by recipients within five years. However, field findings indicate that early transfers still occur, both covertly and through informal agreements. This study aims to examine the implementation of this legal provision, specifically in subsidized housing in the Tangerang region. The research uses an empirical legal method with a sociological juridical approach. The findings show that the implementation has not been optimal. Legal violations persist, influenced by weak oversight and limited public understanding of the legal restrictions on subsidized housing transfers. Additional challenges include lack of inter-agency coordination and weak law enforcement. Recommended solutions include enhancing legal education for beneficiaries, strengthening supervision by relevant institutions, and developing a digital-based monitoring and reporting system to prevent future violations.
The Principle of Appropriateness as the Basis for Determining Interest Rates in Debt Agreements: Asas Kepatutan Sebagai Dasar Dalam Penetapan Bunga Dalam Perjanjian Utang Piutang Eliza, Rahmi; Djumikasih; Suwardiyati, Rumi
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.3

Abstract

This research raises the issues related to the provisions on interest rates, especially in personal loan agreements, is left to the discretion of the contracting parties based on the principle of freedom of contract. Even though the law provides a framework for regulating interest in agreements to control unreasonable interest practices, it unfortunately does not specify the maximum rate that may be agreed upon. Therefore, the application of the principle of fairness plays an important role in assessing and determining reasonable interest rates by the parties. This research uses normative legal research and employs statutory and case approaches, using primary, secondary, and tertiary legal materials. Legal material search techniques in this study include literature review, website or internet study, and document study, with legal material analysis using systematic interpretations. The results of the study shows that the main factors considered by judges in assessing reasonable interest rates in loan agreements include the agreement of the parties, legal regulations, comparisons with banking practices, principles of fairness and justice, and protection for the weaker party. Currently, there are no regulations governing the maximum interest rate that may be agreed upon in loan agreements outside formal financial institutions. This legal vacuum creates uncertainty and opens the door for the practice of excessively high interest rates that may harm borrowers. The application of the principle of fairness in loan agreements serves as an important legal mechanism to maintain balance, justice, and legal protection for all parties.

Page 5 of 5 | Total Record : 50

 1   2   3   4   5 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2025): Desember Vol. 5 No. 1 (2025): Juni Vol. 4 No. 2 (2024): Desember Vol. 4 No. 1 (2024): Juni Vol. 3 No. 2 (2023): Desember Vol. 3 No. 1 (2023): Juni Vol. 2 No. 2 (2022): Desember Vol. 2 No. 1 (2022): Juni Vol. 1 No. 2 (2021): Desember Vol. 1 No. 1 (2021): Juni