cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Erly Aristo
Contact Email
vincent.erly@staff.ubaya.ac.id
Phone
+62312981225
Journal Mail Official
minuta@unit.ubaya.ac.id
Editorial Address
Gedung HB 3.03 Jl.Raya Kalirungkut (Tenggilis) Surabaya 60293
Location
Kota surabaya,
Jawa timur
INDONESIA
Jurnal Minuta
Published by Universitas Surabaya
ISSN : 26561352     EISSN : 26853078     DOI : 10.24123/minuta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Minuta a journal published by Master of Notarial Law Postgraduate Program, University of Surabaya. From the establishment Minuta has published a legal periodical publishing scholarly and authoritative articles on legal issues of current importance to both academic research and legal practice. he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics related to Notarial matters which includes but not limited to works from the domains: - CONTRACT LAW - BANKRUPTCY LAW - GUARANTEE LAW - LAND LAW - FLATS LAW - TAX LAW - NOTARIAL CODE OF ETCHICS
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
 1   2   3 
Upaya Hukum Terhadap Rumah Susun yang Tidak Memenuhi Persyaratan Teknis dalam Sertfikat Laik Fungsi Aripin, Jacqueline
JURNAL MINUTA Vol. 7 No. 01 (2025): March 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i01.7465

Abstract

The scarcity of land has prompted a shift towards vertical housing solutions, with apartments gaining prominence as a viable alternative to traditional single-family dwellings. However, In creating a suitable apartment development, the apartment developer should pay attention to the requirements for the apartment, one of which is contained in the form of Sertifikat Laik Fungsi (SLF) based on Law No. 20 of 2011. SLF essentially functions in providing legality for the operation of an apartment and providing a sense of security. However, in fact there are still flats that have SLF, but they do not comply with the actual condition of the building's reliability, causing losses to the flat's occupants. One of them occurred at the PH Flats. For this reason, the author is interested in studying legal violations regarding SLF ownership by the PH Flats along with the legal measures that can be taken by the residents of the flats due to the losses they suffer. This research is based on normative research methods as well as statutory and conceptual approaches with data sources and types of primary legal materials. The results of this research indicate that legal violations regarding SLF ownership are caused by mal administrative actions by Dinas Cipta Karya dan Tata ruang in issuing SLF along with violations of building reliability requirements carried out by apartment developers. There are legal remedies that can be taken by apartment residents, both in litigation and non-litigation efforts.
Perlindungan Data Pribadi Klien pada Era Digital: Harmonisasi Regulasi Kenotariatan dan Hukum Perlindungan Data Pribadi Fiona; Rizqiyah, Nazilatur
JURNAL MINUTA Vol. 7 No. 2 (2025): September 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i2.7635

Abstract

In line with the rapid advancement of technology in the digital era, notaries have also begun using technological tools such as computers to create deeds. Nowadays, notaries face challenges in maintaining the security of their clients' data storage from digital threats such as computer viruses, data breaches and modifications, and even misuse of electronic signatures. Furthermore, personal electronic data is also vulnerable to hacking by irresponsible parties. This research aims to understand the regulation of personal data protection in Indonesia, particularly regarding the rights and obligations of notaries in managing their clients' data, as well as the legal-political relation of notarial regulations in ensuring the protection of clients' data, as viewed from the Notary Law. The research method used by the author is a normative juridical method through literature studies. In the era of information technology development, personal data protection becomes very important, especially in notarial practices involving legal documents that are private and sensitive. In addition to the Personal Data Protection Law, the Notary Law is also expected to provide a legal foundation to maintain the confidentiality and security of notary clients' data. Therefore, synchronization between the Notary Law and Personal Data Protection Law have its urgency, although both regulations have the same objective to protect client’s data, there is a need to synchronize them so that there is no overlap in their implementation.
Perbandingan Hukum Jaminan Fidusia Antara Indonesia dan Belanda Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Christy, Lisya Jatasiri; Basyarahil, Ramzy Muhammad
JURNAL MINUTA Vol. 7 No. 2 (2025): September 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i2.7637

Abstract

The Constititional Court Decision Number 18/PUU-XVII/2019 significantly changed the execution mechanism of fiduciary guarantess in Indonesia. Previously, creditors holding a Fiduciary Guarantee Certificate could directly execute the guarantee without a court ruling. Nevertheless, after the ruling, enforcement may proceed solely when the guaranteed asset is handed over willingly as a result of the debtor’s acceptance of their noncompliance. Otherwise, the creditor must seek court approval. This shift creates legal uncertainty and weakens the creditor’s legal standing. This paper addresses two main issues: (1) What are the impacts of the Constitutional Court Decision Number 18/PUU-XVII/2019 in conjuction with Decision Number 2/PUU-XIX/2021 on creditor protection in fiduciary guarantees ? And (2) How does the post-decision guarantee system in Indonesia compare to the Dutch legal system, particularly in terms of creditor protection and execution procedures? The study examnines how the Constitutional Court’s rulling affects vreditors’ right while also considering the Dutch non-possessory (silent pledge) as a potential reference for legal reform. Since 1992, the Netherlands has replaced fiduciary guarantees with the silent pledge, a system that ensures creditor priority without requiring court involvement and offers stronger legal certainty. This model may serve as a viable solution to improve the fairness and effectiveness of fiduciary guarantee enforcement in Indonesia.
Konflik Norma Hukum pada Pelayanan Hak Tanggungan Elektronik Ameylia, Inge; Alfarico De Jesus, Marcello; Prameswari, Ristantia
JURNAL MINUTA Vol. 7 No. 2 (2025): September 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i2.7640

Abstract

Mortgage Rights Services have undergone significant changes in their registration process. This has led to a conflict of legal norms in the implementation of Electronic Mortgage Rights Services (HT-El) in Indonesia, especially regarding the dualism in the registration process involving Land Deed Officials (PPAT) and creditors. This study uses a normative-empirical legal approach by combining analysis of laws and regulations. The transition from conventional procedures as stipulated in Law No. 4 of 1996 concerning Mortgage Rights to a fully digital system through Permen ATR/BPN No. 9 of 2019 and No. 5 of 2020 has resulted in inconsistencies in norms and legal uncertainty. Although HT-El is expected to increase efficiency, transparency, and accessibility, this system raises issues related to dualism of roles, data security, and the legal force of electronic documents. This study identifies the main conflicts in the roles of PPAT and creditors, the validity of electronic signatures, and the legal standing of certificates issued digitally. System changes also pose risks in the priority of mortgage rights and the implementation of collateral execution due to the lack of synchronization between old laws and new regulations. Although HT-El is an innovative step in public service, regulatory harmonization is needed to provide legal certainty and protection for the parties involved. Recommendations in this study include legal reform, strengthening coordination between institutions, and establishing clear procedural standards to minimize risks in the electronic mortgage registration process.
Unsur Sengaja pada Tanah Yang Tidak Dipergunakan Atau Dimanfaatkan dalam Perspektif Hukum Administrasi Pertanahan Febrianto, Deddy; Putra, Prasta Rahandyanto; Basyarahil, Ramzy Muhammad; De Jesus, Marcello Alfarico; Harjo, David
JURNAL MINUTA Vol. 7 No. 2 (2025): September 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i2.7644

Abstract

Land plays a strategic role in Indonesia’s national development as both a livelihood and a constitutional mandate. However, the prevalence of abandoned land—over 99,099 hectares officially designated, and 854,662 hectares identified—raises critical legal concerns. Government Regulation No. 20 of 2021 on the Control of Abandoned Areas and Land aims to address this issue through administrative means yet introduces interpretative challenges surrounding the legal element of “intentionally” not utilizing land. This article examines the juridical interpretation of the “intent” requirement in determining whether land is deemed abandoned. The absence of a clear, objective definition of “intentionally” poses legal uncertainty and the risk of arbitrary state action that may infringe upon constitutionally protected land rights. Through normative juridical analysis, this study argues that the subjective nature of “intent” must be clarified by observable indicators, such as prolonged inaction, overgrown physical conditions, or documented administrative neglect. The research further highlights potential contradictions in implementation, including unequal treatment between state-held land and privately held plots. In conclusion, while abandoned land policies are essential for equitable agrarian reform, the state must ensure legal certainty, procedural safeguards, and proportional interpretation of "intent" to uphold agrarian justice and constitutional property rights. The paper recommends technical guidelines for determining intent and emphasizes the importance of due process before revoking land rights under the pretext of abandonment.
Eksekusi Hipotek Kapal Tanpa Putusan Pengadilan: Studi Kasus PT Vs. Perbankan Indonesia Oktavia, Stevanny; Rahmadani Islami Putri
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.7629

Abstract

The execution of ship mortgage collateral must comply with applicable legal regulations to ensure legal certainty for both creditors and debtors. Ship mortgages are regulated under Law Number 17 of 2008 on Shipping, the Commercial Code, and other relevant regulations. Creditors have the right to execute the mortgaged ship if the debtor defaults, using the Grosse Akta Hipotek, which has the same executorial power as a court ruling. However, in practice, improper executions often occur, such as ship seizures without court authorization. This study examines the proper procedure for executing ship mortgage collateral under legal regulations and the legal protection available for debtors facing unlawful execution. The findings indicate that debtors have the right to retain ownership of the ship and can seek legal remedies in cases of violations. Furthermore, alternative dispute resolution mechanisms, such as mediation or arbitration, can be utilized to avoid prolonged litigation. The government also plays a crucial role in establishing clearer policies on ship mortgage execution to protect the interests of both parties. In conclusion, legal certainty in the execution of ship mortgage collateral can only be achieved through strict adherence to regulations, effective communication between debtors and creditors, and the utilization of available legal mechanisms to prevent misuse in the execution process.
Perlindungan Hukum dan Risiko Cacat Materiil Akta bagi Klien Tunanetra dalam Ketiadaan Pengaturan UUJN Sari, Yenti Khofifah Nilam; Salsabillah, Silfiyana
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8463

Abstract

Law Number 8 of 2016 on Persons with Disabilities explicitly recognizes persons with disabilities, including visually impaired persons, as legal subjects who are entitled to equal legal protection and legal certainty in all aspects of life, including civil legal relations embodied in authentic deeds. This reflects the principle of equality before the law. In notarial practice, notaries serve as public officials authorized to draw up authentic deeds under the Notary Office Act (UUJN). Article 16 paragraph (1) letter m of the UUJN mandates the reading of deeds before the appearers and witnesses to ensure that the parties fully understand and consent to the content of the deed. Legal issues arise when this obligation is applied to visually impaired appearers. Visual limitations prevent them from independently verifying the written deed against the oral reading conducted by the notary, resulting in complete reliance on the notary’s professionalism and good faith. The absence of specific technical regulations governing the reading and signing of deeds for visually impaired persons creates legal uncertainty and increases the risk of material defects in authentic deeds. This situation may affect the validity of deeds, expose notaries to civil and administrative liability, and weaken the protective function of deed witnesses. This research is a normative legal study employing statutory and conceptual approaches. The study concludes that the lack of explicit procedural standards undermines substantive legal protection and legal certainty, emphasizing the urgent need for inclusive and clear regulations to ensure accountable and nondiscriminatory notarial practices.
Penelantaran Tanah Hak Milik Akibat Sengketa Waris Berdasarkan Peraturan Pemerintah Penertiban Kawasan dan Tanah Terlantar Ongkowijoyo, Nathaline Christy; Tanudjaja, Vincentine Natalie; Sutikno, Arron Eugene Raphael; Siswanto, Yoseph Mario Dwi; Hardjo, David
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8484

Abstract

Land is an agrarian resource that plays a strategic role in Indonesian society so its management must be directed towards the greatest possible prosperity of people as it’s mandated in Article 33 Paragraph (3) of the 1945 Constitution of Indonesia Republic and Law Numbers 5 of 1960 concerning basic agrarian principles. The ownership of land as a hereditary, strongest and fullest right still carries the social function that must be fulfilled by the right holder even in the practice transfer of the ownership right through the inheritance leads to prolonged inheritance disputes, resulting in inherited land for being not optimally utilized and potentially becoming abandoned. Based on it research shows that privately owned land as an inheritance object can be designated as abandoned land if it meets the elements of neglect so it goes through evaluation, warning and designation stages as regulated in Government regulation number 48 of 2025. There is no provision that explicitly excludes inherited lands from being abandoned land control mechanisms. However, heirs still receive legal protection as long as the neglect of the land isn’t based on the intent and still any good faith to manage the land and resolve the inheritance dispute. Therefore, the proper resolution about the inheritance becomes more important to prevent any loss of land right and to ensure the fulfillment of the social function.
Celah Pengaturan Hukum tentang Notaris Pengganti dalam Pertanggungjawaban Akta Bermasalah dan Implikasinya bagi Notaris Definitif Djayakusli, Jaqline; Herawati, Fenny
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8519

Abstract

This study analyses the regulatory gaps surrounding the position and accountability of substitute notaries in Indonesia, with a particular emphasis on problematic authentic deeds and the consequences they generate for the definitive notary who returns to office. As a state founded on the rule of law, Indonesia demands legal certainty, justice, and adequate protection for every party engaged in notarial services. Pursuant to Law Number 30 of 2004 as amended by Law Number 2 of 2014 concerning the Notary Office (UUJN) and Minister of Law and Human Rights Regulation Number 19 of 2019, recently strengthened by Minister of Law Regulation Number 22 of 2025, substitute notaries are vested with the temporary authority to perform notarial duties during the leave or unavailability of the definitive notary. Although their authority is normatively equivalent, the qualification thresholds for substitute notaries are noticeably less stringent, which heightens the risk of substantive defects in the deeds they execute. Using a normative-juridical approach, this paper examines statutory provisions, doctrinal writings, and scholarly opinion to map the gaps relating to (i) the boundary between civil and criminal liability between substitute and definitive notaries, (ii) post-leave accountability when a substitute notary disappears or is insolvent, (iii) the absence of specific rules on the loss of minuta deeds after handover, (iv) the constitutional construction of leave for substitute notaries facing prolonged physical or mental incapacity, and (v) the protective mechanism for summoning substitute notaries and their immunity rights under Article 66 UUJN. The study concludes that, while the substitute notary bears full personal responsibility, administrative, civil, and criminal, for every deed produced during the leave period, persistent regulatory ambiguity continues to expose definitive notaries to administrative scrutiny, civil entanglement, and reputational harm. The paper therefore proposes legislative refinement, stricter Majelis Pengawas Daerah (MPD) supervision, and a robust internal cooperation agreement grounded in Article 1365 of the Indonesian Civil Code as practical mitigation measures.
Optimalisasi Peran Pejabat Pembuat Akta Tanah dalam Mitigasi Risiko Pencucian Uang Pada Transaksi Properti Pranoto, Velicia Marveline; Amidjoyo, Andreas Audy Tjokro; Christianto, Hwian
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8777

Abstract

Indonesia’s positive economic growth until 2025 has been accompanied by increasingly complex and adaptive patterns of money laundering, particularly through the land and property sector. Property transactions are considered vulnerable to concealing illicit funds, prompting the state to position Land Deed Officials (PPAT) as reporting parties and gatekeepers through the obligation to implement the Principle of Recognizing Service Users (PMPJ). This study analyzes PMPJ implementation by PPAT in preventing money laundering from the perspective of responsive legal theory and examines Indonesia’s legal policy in shaping the role of PPAT within the anti–money laundering system. The findings indicate that PMPJ implementation by PPAT has not been substantively effective, as it tends to be formalistic and administratively oriented rather than risk based. The transaction threshold of Rp 100.000.000,- is no longer relevant to current property market realities, resulting in the loss of PMPJ’s selective preventive function. However, the regulatory approach remains largely top-down and insufficiently adapted to the empirical characteristics of land transactions. Therefore, more responsive, proportional, and fair legal reform is required to enhance the effectiveness of money laundering prevention in the land and property sector.

Page 3 of 3 | Total Record : 30

 1   2   3 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol. 8 No. 01 (2026): March 2026 Vol. 7 No. 01 (2025): March 2025 Vol. 7 No. 2 (2025): September 2025 Vol. 6 No. 02 (2024): September 2024 Vol. 6 No. 01 (2024): March 2024 Vol. 1 No. 1 (2019): March 2019