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Normative: Jurnal Ilmiah Hukum
Published by Universitas Tamansiswa Padang
ISSN : 19075820     EISSN : 26208202     DOI : https://doi.org/10.31317/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Normative Jurnal Ilmiah Hukum contain writings or articles in the form of theoretical studies, conceptual ideas, research results, reviews, book reviews , and scientific meeting results related to the dynamics of law that have never been published in scientific journals or scientific articles. The language used is Indonesian or English is good and correct. All incoming articles will be reviewed by the editor by involving the best partner. The manuscript deemed worthy will be edited without changing the substance.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 157 Documents
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Analisis Yuridis Peran Amicus Curae Dalam Sengketa Hasil Pilpres Di Mahkamah Konstitusi (Studi Kasus : Perkara PHPU.PRES/XXII/2024) Meita Lefi; Dola Riza; Rani Fepriana
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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The dispute over the 2024 Presidential Election (Pilpres) results at the Constitutional Court (MK) has become a public spotlight, particularly with the emergence of the amicus curiae phenomenon, or "friend of the court." This study analyzes the legal role of amicus curiae in the context of the 2024 Presidential Election PHPU (Public Order Dispute Resolution) trial. Although already present in Indonesian legal practice, the involvement of amicus curiae on an unprecedented scale in this PHPU case is an interesting phenomenon to study. Using normative methods with a qualitative approach, this study analyzes trial documents, Constitutional Court decisions, as well as media coverage and official statements related to the submission of amicus curiae. The results show that the submission of 48 amicus curiae reflects high public participation and concern for the integrity of democracy and justice. However, the role of amicus curiae remains facilitative and not binding on the judges' decisions. Their presence serves as voices of public interest, provides additional legal and factual perspectives, and encourages judges' accountability in deciding crucial cases. This study concludes that the amicus curiae phenomenon in the 2024 Presidential PHPU sets an important precedent for increasing public participation in the oversight of constitutional judicial processes in Indonesia, while also highlighting the potential and challenges of amicus curiae arrangements in the future.
Perjanjian Pembiayaan Mobil Bekas Antara Konsumen Dengan Pt.Armada Finance Cabang Padang Abd Rahmad; Deddy Fernanda
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Consumer financing agreements are formed based on the principle of freedom of contract, which creates rights and obligations between financing companies as creditors and consumers as debtors. Such agreements are regulated under Article 1313 of the Indonesian Civil Code, which defines an agreement as a legal act whereby one or more persons bind themselves to one or more other persons. In practice, consumer financing agreements are widely applied in credit-based purchases of used motor vehicles, one of which is implemented by PT. Armada Finance Padang Branch, which provides used car financing facilities to the public. This research addresses three main issues: (1) the implementation of used car consumer financing agreements between consumers and PT. Armada Finance Padang Branch; (2) obstacles encountered in the implementation of such agreements; and (3) efforts undertaken to overcome these obstacles. The research method employed is a sociological juridical approach, with data collected through document studies and interviews. The results indicate that the implementation of the consumer financing agreement involves several stages, namely the application process, consumer survey, reporting and preparation of customer profiles, submission of proposals to the credit committee, credit decision-making, contractual binding, delivery of the used vehicle, installment payment period, payment monitoring or collection, and the retrieval of the Vehicle Ownership Certificate (BPKB). The main obstacles faced include delays in installment payments by consumers and unlawful actions by consumers who pledge or sell the financed vehicle to third parties without the consent of the financing company. Efforts to overcome these obstacles are carried out through the application of Collection Management or Account Receivable (A/R) Management, which serves as a systematic process to manage receivables in order to prevent and minimize potential losses arising from delayed consumer payments.
Perlindungan Hukum Terhadap Barang Konsumen (Bagasi Tercatat) Dalam Menggunakan Transportasi Udara (Studi Di Bandar Udara Internasional Minangkabau) Dwikornida, MHD. Jeihan
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Law Number 1 of 2009 concerning Aviation stipulates that carriers are responsible for losses suffered by passengers if checked baggage is lost, destroyed, or damaged while in the carrier's possession. This research was conducted at Minangkabau International Airport, managed by PT Angkasa Pura Indonesia. The research questions are: (1) What is the form of legal protection for checked baggage according to Law Number 1 of 2009 concerning Aviation? and (2) What are the obstacles faced by airlines in implementing legal protection for checked baggage users and what are the solutions to these problems. The type of research used is normative legal research combined with an empirical approach. Normative research is conducted through literature studies of laws and regulations, documents, and legal literature, while empirical research is conducted through interviews with informants and respondents in the field. The results of the study indicate that the form of legal protection for checked baggage includes the issuance of baggage tags during the check-in process, monitoring of baggage movement routes with CCTV, the provision of Lost and Found Counters, and the provision of compensation in the form of cash or one-shot compensation in accordance with applicable legal provisions. However, the implementation still faces a number of obstacles, including economic factors, limited quality of human resources, machine damage, negligence of ground handling officers, and negligence of passengers in guarding or reporting baggage. Solutions taken by airlines include imposing strict sanctions in the form of dismissal of officers who violate, additional supervision through CCTV cameras, and settlement of claims in accordance with the Standard Operating Procedures for Handling Baggage Processing and Settlement of Baggage Irregularities issued by Angkasa Aviasi Servis. Based on these findings, it can be concluded that legal protection is still not optimal due to various obstacles, so that it is necessary to improve human resources, update technology, and improve the claim settlement mechanism so that legal protection can be realized optimally.
Perolehan Hak Guna Bangunan (HGB) Bersumber Dari Tanah Hak Milik Oleh PT. Harfhavi Mega Utama (Studi Di Kantor Notaris/PPAT Suhardi, SH, M.Kn) Yeven dri
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Land issues are a crucial factor influencing development. Land issues arise not from a lack of adequate legislation, nor from a lack of human capacity to implement them, but rather from a lack of understanding and appreciation of the agrarian or land sector. Article 4 of Law Number 5 of 1960 concerning Basic Agrarian Principles states that: "Based on the state's right to control, various types of land rights are determined, which can be granted to and held either individually or jointly with other individuals and legal entities." These granted land rights authorize the individual to use it. Land use must be tailored to the circumstances and nature of the rights, so that it provides benefits for both the welfare and happiness of the people and the state. The land rights referred to are ownership rights, use rights, building rights, use rights, lease rights, land clearing rights, forest product collection rights, other rights not included in the rights mentioned above which will be determined by law as well as temporary rights as mentioned in Article 53 of the UUPA. Currently, land is widely allocated for housing. Such as the government's One Million Houses program through the Ministry of Public Works and Public Housing (PUPR) which encourages housing developers to provide decent housing for the community so that housing developers in areas throughout Indonesia will need sufficient land availability. PT Harfhavi Mega Utama which is domiciled in Agam Regency, West Sumatra Province is a housing developer that needs land for the construction of the Arumi Residence II Housing in Lubuk Basung Village, Lubuk Basung District, Agam Regency, West Sumatra Province. PT Harfhavi Mega Utama can obtain land originating from Building Use Rights (HGB). The acquisition of Building Use Rights (HGB) is stated in Article 36 Paragraph (1) of the UUPA, which states: Those who may have building use rights are: Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia.
Pertimbangan Hakim Dalam Menjatuhkan Putusan Perkara Perjanjian Pinjam Pakai Tanah Pusako Tinggi Yang Belum Bersertifikat (Studi Putusan Perkara Nomor 34/Pdt.G/2021/PN.Pdg) Mardius Mardius; Messi Veryani Suci
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Article 1754 of the Civil Code loan agreement is an agreement by which one party gives to another party, The purpose of the study is 1) To determine the Judge's Consideration in making a decision on a loan agreement for high-ranking land that has not been certified in Case Decision Number 34.Pdt.G/2021/PN.Pdg. 2) To determine the Analysis of Case Decision Number 34/Pdt.G/2021/PN.Pdg in making a decision on a loan agreement for high-ranking land that has not been certified. The benefits of the study are theoretical and practical benefits. The research method is normative law and the data source is secondary data. Data collection techniques are document studies and literature studies. Data processing is editing and coding. The analysis technique is qualitative. The results of the study, first: The Judge's consideration in resolving land disputes in the decision of case Number 34/Pdt.G/2021/PN.Pdg can be concluded that because it has been legally and proven that Defendants A and B without permission from the Plaintiff built a house with a total of 23 units and 4 graves on the Defendant's Pusako Land and Defendants A and B could not prove their answers, then in the opinion of the Panel of Judges, Defendants A and B's exceptions were rejected in their entirety. Analysis of the Decision of Case Number 34/Pdt.G/2021/PN. Pdg in passing a decision on the case of a loan agreement for high pusako land that has not been certified, namely that the decision has legal force and is binding on both parties.
Pemenuhan Hak Pembebasan Bersyarat Narapidana Perempuan Dalam Perspektif Undang-Undang No. 22 Tahun 2022 Tentang Pemasyarakatan Marisa Jemmy; Gessia Ferandha
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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The correctional system in Indonesia is a subsystem of the criminal justice system that serves to rehabilitate, protect, and facilitate the reintegration of prisoners so that they can return to society as responsible citizens. One of the rights stipulated in Law Number 22 of 2022 on Corrections is conditional release, which allows inmates to serve the remainder of their sentence outside correctional facilities under the supervision of correctional authorities. The research questions in this study are: First, how is the fulfillment of the right to conditional release for female inmates addressed under Law No. 22 of 2022 on Corrections? Second, what are the challenges in fulfilling the right to conditional release for female inmates under Law No. 22 of 2022 on Corrections? Third, what efforts can be made to overcome the challenges in fulfilling the conditional release rights of female prisoners from the perspective of Law Number 22 of 2022 on Corrections? The method used in this study is a normative legal approach with a regulatory and conceptual approach, using secondary data obtained through document analysis conducted qualitatively. The results of this study indicate that the fulfillment of conditional release rights is in accordance with the provisions of Law Number 22 of 2022, but in practice, it still faces several obstacles such as administrative delays, lack of guarantors, incomplete court documents, and overcrowding in correctional institutions. Efforts to address these challenges include strengthening coordination between correctional institutions, optimizing administrative services, disseminating regulations to inmates and their families, and enhancing the role of the community in accepting the reintegration of inmates. Thus, conditional release is not only a legal right but also a tool for social rehabilitation in line with the objectives of the Correctional System.
Analisa Hukum Pasal 66 Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris Mengenai Penyimpanan Protokol Notaris Yang Berumur 25 Tahun Oleh Notaris Penerima Protokol Kepada Majelis Pengawas Daerah Notaris Leny Agustan
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Notaries have the authority to make authentic deeds, which are called Notarial deeds. The authenticity of Notarial Deeds remains, even until the Notary dies, which is called the Notarial Protocol. Notarial Protocols must be kept by the Notary for an unlimited period of time. Article 63 Paragraph (5) of the Notarial Position Law states that Notarial protocols from other Notaries whose submission is 25 years old or more, are submitted to the Notary Regional Supervisory Board, but the provisions of Article 63 Paragraph (5) are not implemented, the Notary Receiving the Protocol does not submit the minutes that are 25 years old to the Regional Supervisory Board and still keeps the protocol at the Notary Receiving Protocol Office. Based on this description, problems arise regarding, 1) How is the legal analysis of the storage of notarial protocols that are 25 years old by the notary receiving the protocol to the regional supervisory board? 2) How is the authority of the notary as the recipient of the protocol to issue a copy of the minutes of a deed that is more than 25 years old? Based on the formulation of the problem above, the objectives to be achieved in this study are as follows: 1) to determine the legal analysis of the storage of notary protocols that are 25 years old by the notary receiving the protocol to the regional supervisory board. 2) to determine the authority of the notary as the recipient of the protocol to issue a copy of the minutes of the deed that are more than 25 years old. This study uses a normative legal research approach. The main material of this study is Secondary Data obtained from various pre-existing data based on laws, literature and other legal studies. Primary data from primary, secondary and tertiary legal materials, using qualitative data analysis and presented in descriptive form. The results of this study indicate that the storage of Notary protocols that are 25 (twenty five) years old or more as regulated in Article 63 paragraph (5) of the Notary Law must be carried out by both the Notary Receiving the Protocol and the Notary MPD, but this is not implemented due to the lack of infrastructure owned by the Notary MPD. The Notary Receiving the Protocol has the obligation to store and maintain it, and for the purposes of a copy of the minutes of the deed, the Notary Receiving the Protocol still has the authority as long as the Notary is in office and has the right to issue a copy of the minutes (received protocol), the Notary MPD does not have the authority to issue a copy of the minutes because there is no authority granted by law to the Notary MPD.
Pertimbangan Hakim Menjatuhkan Putusan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) Dalam Perkara Wanprestasi Di Pengadilan Negeri Padang Kelas 1A (Studi Putusan Perkara No. 92/Pdt.G/2023/PN PDG) ABD RAHMAD; Bambang Hermanto
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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In the civil law system, a civil lawsuit can be filed by a party who feels aggrieved by an act committed by another party. The lawsuit filed by the plaintiff named Nova Sikma Yenti to the Padang District Court alleges an unlawful act for the defendant's installation of a banner that reads "for sale" on the object of the case, but the Defendant in his exception explained that the legal relationship between the plaintiff and the defendant is a credit legal relationship with the number PK.011/NG//KPR-MG/07-2018 dated July 30, 2018. With a bad credit status, the defendant auctioned the object of the a quo case to return the plaintiff's remaining debt. The research method used in this study is normative juridical, namely an approach carried out by studying laws and regulations. The results of this study indicate that, the Padang District Court Decision in its decision stated that the plaintiff's lawsuit was unacceptable (niet ontvankelijke verklaard) because when the panel of judges conducted a local inspection, a banner was found which was actually admitted to being installed by the plaintiff even though they still argued that the defendant had previously installed the banner. because there is a discrepancy between the plaintiff's argument and what was found by the panel of judges. As emphasized in the Supreme Court Jurisprudence Number: 1112.K/Sip/1967 stating that a claim that is not in accordance with the legal event (rechtfeiten) which should be the basis for the lawsuit, then such a claim must be declared unacceptable"
Peranan PPAT Dalam Pendaftaraan Tanah Ulayat Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah Yevendri Yevendri; Dwikornida Dwikornida
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Land has a very important meaning and role for human life, because everyone needs land during their life until they die and considering the structure of life and the economic pattern of the majority of which is still agrarian and as a country with an agrarian system, land is a very suitable and complex livelihood for each person to achieve prosperity in various fields, where the land itself is also the basic capital in the development of a nation and its benefits must be managed as well as possible including customary land, namely rights that are inherent as a special competence in customary law communities, in the form of authority/power to manage and regulate land and its contents with internal and external validity. In connection with the ownership of rights to customary land, UUPA regulates land registration which aims to provide legal certainty as regulated in Article 19 which reads, "To guarantee legal certainty, the Government shall carry out land registration throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations". The Government Regulation in question is Government Regulation No. 24 of 1997 concerning Land Registration. In Article 37 number (1) of Government Regulation No. Law No. 24 of 1997 concerning Land Registration states: "The transfer of land rights and ownership rights to apartment units through sale, exchange, gift, investment in a company, and other legal acts of transfer of rights, except for transfer of rights through auction, may only be registered if granted by a deed drawn up by an authorized Land Deed Official (PPAT) in accordance with applicable laws." According to Article 1, number 24 of Government Regulation No. 24 of 1997 concerning Land Registration, a Land Deed Official (PPAT), hereinafter referred to as PPAT, is a public official authorized to draw up certain land deeds. Given the importance of PPAT, it is fundamentally closely related to legal acts concerning land rights. To prove legal acts concerning land rights, an authentic deed is required. A public official is someone who carries out some of the public functions of the state, particularly in the field of civil law. The public official referred to above is the PPAT.
Kekuatan Pembuktian Pembatalan Perjanjian Pinjam Pakai Di Bawah Tangan Terkait Hak Guna Pakai Atas Tanah Leny Agustan
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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One of the agreements that can be attached to land is a land loan agreement. Ownership of goods that are used as objects of loan, the provisions of Article 1741 of the Civil Code explain that, in a loan, the lender remains the owner of the loaned goods. Furthermore, Article 1742 of the Civil Code states that, anything that can be used by people and is not destroyed due to use, can be the subject of a loan agreement. In relation to the loan agreement, there was a case around 1991, a loan agreement was made for a plot of land measuring 1,500 m2 (one thousand five hundred square meters) which was used as an educational facility in the form of a public elementary school. Then, upon agreement of the parties, a Certificate of Land Use Rights was made. The lawsuit resulted in a Decision by the Cibinong District Court which declared the loan agreement and the certificate of use rights for a plot of land ownership that had been used for educational facilities null and void or had no legal force and decided that the object of the dispute should be returned to its owner in its original condition. The appeals court declared all letters or documents, as well as all agreements that referred to the object of the dispute, null and void. Based on the description, the problem arises regarding How is the evidentiary power of the cancellation of the land use agreement and the granting of land use rights? Based on the formulation of the problem, the objectives are as follows, to determine the evidentiary power of the cancellation of the land use agreement and the granting of land use rights? The research is explanatory, the source of library data, in the form of secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research, it can be concluded that, the provisions of Article 1742 of the Civil Code explain that the object of the loan is everything that is not destroyed by use. Land is an object that cannot be destroyed by use, so that land can be used as an object of the loan agreement. Evidence in the form of private writings, if one of the parties or the heirs of one of the parties denies or does not acknowledge the writing, then the judge must order that the truth of the writing or signature be examined in court, if the signature of the letter which is a private deed is acknowledged but the contents of the private deed are denied then the value of the formal strength and retroactive evidence collapses and plummets. Therefore, the judge can consider canceling the private writings

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