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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 55 Documents
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Peran Lelang dalam Mendorong Pembangunan Ekonomi dan Hukum serta Peluang Digitalisasi Lelang di Indonesia: The Role of Auctions in Driving Economic and Legal Development and Opportunities for Auction Digitalization in Indonesia Roby Putra, Aria
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.1

Abstract

This study aims to analyze the role of auctions in driving economic and legal development and the opportunities for auction digitalization in Indonesia. This study is motivated by the lack of regulations that explicitly position auctions as a strategic instrument in national economic development, despite their important role in asset turnover, increasing state revenue, and providing legal certainty regarding the transfer of rights. The issues studied focus on the extent to which auction regulations in Indonesia have accommodated the role of auctions in supporting economic and legal development, and how the challenges of digitalization affect their implementation. The research method used is a normative juridical method with a statutory and conceptual approach. The results show that auction regulations in Indonesia are still oriented towards administrative and procedural aspects, thus not specifically regulating the function of auctions as a means of national economic development. The novelty of this study lies in the analysis of the importance of strengthening auction regulations as an instrument of economic and legal development through the integration of the principles of legal certainty, governance, and auction digitalization in Indonesia. Auctions contribute significantly to accelerating economic turnover and ensuring rights through legitimate and transparent legal mechanisms. In terms of governance, auctions can increase public accountability if supported by a system of oversight and integrity of auction officials. Meanwhile, digitalization opens up opportunities for greater efficiency and public participation, although infrastructure and data security challenges remain. Therefore, the synergy of regulations, technology, and human resource capacity is key to realizing a modern, fair, and sustainable national auction system.
Penerapan Asas Prior In Tempore dan Torrens System dalam Putusan Mahkamah Agung terkait Sertipikat Ganda: The Application of the Prior In Tempore Principle and the Torrens System in Supreme Court Decisions Regarding Duplicate Certificates Muntaz, Nabila Aleysafa; permadi, Iwan; Herlindah
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.3

Abstract

This research examines the application of the Prior in Tempore and Torrens System principles in resolving double land certificate disputes within Indonesia's land registration framework, as reflected in Supreme Court Decision No. 309 PK/PDT/2021. The study is motivated by the recurring legal uncertainty arising from conflicting certificates on a single plot of land, which creates a dilemma between upholding historical ownership justice and enforcing formal legal certainty based on registered titles. The objectives are to analyze the conflict and adaptation between these two principles in Indonesia's system and to examine the judicial reasoning (ratio decidendi) employed in the aforementioned Supreme Court ruling. Employing a normative juridical method with statutory, conceptual, case, and comparative approaches, the study finds that while Indonesia’s hybrid system attempts to integrate elements of both principles, the Supreme Court's decision prioritized the Prior in Tempore doctrine. The Court ruled in favor of the holder of the earlier-issued certificate, effectively sidelining the good faith protection stipulated in Article 32(2) of Government Regulation No. 24 of 1997, which is a key feature of the adapted Torrens System. The ruling underscores the system's failure to provide absolute legal certainty and highlights the absence of a state guarantee fund to compensate parties harmed by administrative errors in land registration.
Problematika Penentuan Frasa “Pihak yang Berkepentingan” Dalam Pasal 20 Ayat (3) UU Hak Tanggungan: Problematics in Determining the Phrase “Interested Parties” in Article 20 Paragraph (3) of the Mortgage Law Febriana, Oktavian Silva; Wicaksono, Setiawan
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.4

Abstract

The phrase “interested parties” in Article 20 paragraph (3) of Law Number 4 of 1996 concerning Mortgage Rights (Hak Tanggungan) is not accompanied by a clear normative limitation. This lack of clarity has led to divergent interpretations in judicial practice and has the potential to create legal uncertainty in the execution of mortgage objects through private sale. Within the framework of a security rights system that emphasizes legal certainty and the effectiveness of enforcement, such normative ambiguity becomes problematic, as it may trigger disputes and inconsistencies in court decisions. This study aims to analyze the forms of normative vagueness inherent in the phrase and to formulate juridical limitations consistent with the principle of legal certainty. The research employs a normative juridical method using statutory, conceptual, and case approaches. The analysis is conducted through grammatical, systematic, and conceptual interpretation of primary and secondary legal materials in order to identify the locus of ambiguity and its implications. The findings demonstrate that the phrase “interested parties” cannot be interpreted broadly without limitation, but must be restricted to legal subjects who possess a direct legal relationship with the mortgaged object and who face a measurable and objectively verifiable juridical risk of loss. Normative reconstruction is therefore necessary through a more limitative and operational formulation to ensure legal certainty, predictability of application, consistency of judicial decisions, and balanced legal protection for the parties within the national financing system.
Pengadaan Tanah dan Asas Keselarasan: Menelaah Pasal 49A PP Nomor 39 Tahun 2023: Land Acquisition and the Harmony Principle: Examining Article 49A of Regulation 39/2023 Nugraha, Muhammad Kemal Syah; Koeswahyono, Imam; Adianto, Daru
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.2

Abstract

Land acquisition for public interest is a vital instrument in accelerating national development, which must be grounded in the principles of justice and harmony. However, the enactment of Government Regulation Number 39 of 2023 introduces significant deregulation through Article 49A paragraph (1) letter a, which eliminates the requirement for Confirmation of Spatial Utilization Activities (KKPR) after the determination of the project location. This research aims to analyze the legal problems arising from the elimination of the KKPR requirement from the perspective of the principle of harmony, and to seek solutions for the norm conflicts between accelerated development policies and the principles of sustainable spatial planning. The research method employed is normative legal research with a statutory approach, a conceptual approach, and a case approach. The results indicate that the removal of the KKPR requirement creates legal disharmony that paralyzes the control function of spatial utilization and potentially triggers agrarian conflicts, as observed in the Rempang Eco City case. This deregulation is considered to violate the principle of harmony as it prioritizes investment and state interests unilaterally over the protection of community rights and spatial order. Therefore, regulatory synchronization is required to restore the function of KKPR as a primary verification instrument to ensure balanced and equitable development.
Ketidaklengkapan Norma Batas Keabsahan Pengesampingan Pasal 1266 Kitab Undang-Undang Hukum Perdata: Normative Incompleteness Regarding the Validity Limits of the Article 1266 Waiver in the Indonesian Civil Code Nur Aini, Putri Aisyah; Djumikasih; Ido Nurhayati, Prawatya
WARKAT Vol. 6 No. 1 (2026): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v6n1.5

Abstract

Article 1266 of the Indonesian Civil Code stipulates that the cancellation of a reciprocal agreement due to breach of contract must be requested through a court ruling. In practice, however, waiver clauses excluding this provision are frequently included in various agreements, allowing unilateral termination without judicial proceedings. The central issue examined in this study is the normative incompleteness within the Civil Code, which does not explicitly regulate the validity limits of such waiver clauses, thereby generating multiple interpretations and legal uncertainty. This research employs a normative juridical method and the approaches used in this study include a statutory approach, a conceptual approach, and a case approach. Furthermore, this research aims to interpret the provisions in Article 1266 of the Indonesian Civil Code and to formulate the validity limits of the Article 1266 waiver clause in order to protect the weaker party. The findings reveal that diverging outcomes among the Kepanjen District Court, the Surabaya High Court, and the Supreme Court in the same case stem not from factual differences, but from varying legal bases and reasoning methods applied by judges at each judicial level. The absence of clear normative boundaries compels judges to independently engage in legal discovery, resulting in inconsistent rulings. An examination of scholarly opinions further reveals disagreement on whether Article 1266 is. Most scholars consider it mandatory and non-derogable, while others regard waiver clauses as common and legitimate in commercial contracts. This study concludes that clearer regulation of the validity limits of waiver clauses under Article 1266 is necessary to ensure legal certainty for all contracting parties.

Page 6 of 6 | Total Record : 55

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