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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 35 Documents
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Peran PPAT dalam Transaksi Tanah Pasca Pembentukan Otorita Ibu Kota Nusantara (IKN) Salsabillah, Silfiyana; Yolanda, Ade; Sari, Yenti Khofifah Nilam
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8144

Abstract

The Land Deed Official (PPAT) is a public official authorized to draw up authentic deeds related to the transfer of land rights, serving a key role in providing legal certainty in land affairs. Following the enactment of Law Number 3 of 2022 on the National Capital (IKN) and the establishment of the IKN Authority, the role of PPAT encounters new challenges. The IKN Authority is vested with special powers to regulate and manage land in the IKN area, which may cause dualism of authority with the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and raise questions about PPAT’s position in land transactions. This study analyzes the role of PPAT in IKN land transactions through the perspectives of legal certainty, justice, legal protection, and progressive law. The findings reveal that while PPAT still functions as the maker of authentic deeds, normative gaps and potential overlaps exist between the authority of the IKN Authority and ATR/BPN. Administrative issues also emerge, including double bureaucracy and the lack of clear technical regulations, undermining both legal certainty and service effectiveness for the public and investors. The study argues that PPAT’s role in IKN should not be limited to formal deed-making but also extended as an agent of legal protection, ensuring a balance between development priorities and social justice. Accordingly, synchronization between the Basic Agrarian Law (UUPA), ATR/BPN regulations, and IKN Authority provisions is urgently required to safeguard legal certainty and protect community rights in IKN development. Keywords: Land Deed Official, IKN Authority, Land Transactions, Legal Certainty, Legal Protection.
Kedudukan Girik Dan Tanah Hak Ulayat Sebagai Bukti Petunjuk Dalam Pendaftaran Tanah Tahun 2026 Putri, Septya Luckyana; Arief, Sulfa Chintia; Yenti Khofifah Nilam Sari; Yolanda, Ade; Salsabillah, Silfiyana; Angel; Hardjo, David
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8489

Abstract

The national agrarian law system relies on land registration as a crucial tool to guarantee land rights are protected and to provide legal certainty. In Indonesia, land tenure is still frequently based on traditional evidentiary instruments such as girik and communal land rights (hak ulayat) of indigenous communities that have not been fully integrated into the national land registration system. Government Regulation Number 18 of 2021, as an implementing regulation of the Basic Agrarian Law, strengthens the direction of agrarian legal policy toward accelerated land certification and simplified evidentiary mechanisms by establishing 2026 as the normative deadline for the use of former customary land documents. The legitimacy of girik and hak ulayat as proof in land registration and conversion procedures, and the state's legal safeguards for such evidence, are the subjects of this study. Evidence of land ownership, such as girik and hak ulayat, is now seen as indicative evidence that needs to be backed up by physical possession, witness statements, and administrative verification; this is according to the results of a normative legal study that used statutory, conceptual, and case approaches. On the other hand, as long as indigenous groups are recognized legally, Government Regulation Number 18 of 2021 offers legal protection via a cautious, transparent, and progressive process of converting land rights, which includes acknowledging community land rights. The land registration policy toward 2026 reflects the state’s effort to balance formal legal certainty with the protection of traditional land rights within the framework of agrarian justice.
Penerapan Cyber Notary Melalui E-RUPS Berdasarkan Peraturan Otoritas Jasa Keuangan Siswanto, Yosep Mario Dwi; Raphael Sutikno, Arron Eugene
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8521

Abstract

The Electronic General Meeting of Shareholders (e-GMS) System, hereinafter referred to as e-GMS, is an electronic system or facility used to support the provision of information, the conduct, and the reporting of General Meetings of Shareholders (GMS) of Public Companies, as stipulated in Article 1 point 5 of the Financial Services Authority Regulation of the Republic of Indonesia Number 15/POJK.04/2020 concerning the Planning and Organization of General Meetings of Shareholders of Public Companies. This study examines two research questions: how cyber notary is implemented in the conduct of e-GMS as regulated by the Financial Services Authority, and how GMS conducted through cyber notary (e-GMS) is implemented in accordance with the Financial Services Authority regulations. This study employs normative juridical research, using statutory, analytical, and theoretical approaches. The legal materials consist of primary legal materials, including the Indonesian Civil Code, the Electronic Information and Transactions Law, the Notary Law, and other implementing regulations; secondary legal materials, including previous research findings and scholarly literature; and tertiary legal materials. The findings indicate that a notary cannot effectively provide strong legal legitimacy when acting independently. A notary must be assisted by and cooperate with a third party acting as an Electronic Certification Provider or Certificate Authority. This third party is entrusted with the authority to maintain and secure electronic contracts by issuing and auditing electronic certificates. The notary's role is to provide legal legitimacy, while the Electronic Certification Provider ensures the security of electronic contracts. With regard to GMS conducted through cyber notary, e-GMS has been regulated under Financial Services Authority Regulation of the Republic of Indonesia Number 15/POJK.04/2020.
Kedudukan Hukum Ahli Waris atas Kepemilikan Tanah Pertanian Melebihi Batas Maksimum Antonius Andereas Mario Fanggidae; Audy Putri Wulandari; Cathlin Angelika Hutomo; Debora Rouly Hatiuran Aritonang; David Hardjo
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8930

Abstract

This study examines the legal standing of heirs with respect to agricultural land ownership that exceeds the maximum threshold under Indonesian agrarian law, as well as the legal consequences and resolution mechanisms applicable to such excess land. This research employs a normative juridical method with a statute approach and a conceptual approach. The statute approach is used to analyze the hierarchical relationship among the Basic Agrarian Law Number 5 of 1960, Government Regulation in Lieu of Law Number 56 of 1960, and Government Regulation Number 224 of 1961 as amended by Government Regulation Number 41 of 1964. The conceptual approach is used to construct the analytical framework, encompassing the saisine principle in civil inheritance law, the social function of land doctrine, and the theory of preventive and repressive legal protection. The results of this study indicate that the legal standing of heirs over agricultural land exceeding the maximum threshold is recognized but cannot be fully maintained. Recognition derives from the saisine principle under Article 833 paragraph (1) of the Civil Code, which automatically transfers ownership rights upon the death of the testator, while limitation derives from Articles 6, 7, and 17 of the Basic Agrarian Law. This tension is resolved through the lex specialis derogat legi generali principle, wherein agrarian law as lex specialis restricts the civil rights of heirs originating from the Civil Code as lex generalis. Legal protection for heirs takes the form of preventive protection through a one-year grace period and repressive protection through the guarantee of compensation for land taken by the state for redistribution purposes. Keywords: heirs, agricultural land, maximum threshold, landreform, legal protection.
Pendirian, Perubahan AD/ART, Dan Pembubaran Koperasi Berdasarkan Keputusan Menteri Pasca Terbitnya Instruksi Presiden Nomor 9 Tahun 2025 Dan Peraturan Menteri Hukum Nomor 13 Tahun 2025 Hibatullah, Rahmandita Akbar; Arly, Raden Ibnu
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8944

Abstract

This article examines the relevance of Minister of Cooperatives and SMEs Decree No. 98/KEP/M.KUKM/IX/2004 concerning notaries as cooperative deed-makers after the issuance of Presidential Instruction No. 9 of 2025 and Minister of Law Regulation No. 13 of 2025 on cooperative legalization. It also analyzes the role and function of notaries in maintaining legal certainty over cooperative deeds under the new regulation. The research uses normative legal research with statutory, conceptual, and historical approaches. The findings show that Decree No. 98/2004 remains relevant as a historical and doctrinal basis for the notarial role in cooperative deed drafting, but its practical function has shifted after Permenkum No. 13/2025 centralized the legalization of cooperative establishment deeds, amendments to articles of association/bylaws, and dissolution under the Ministry of Law. In this framework, notaries remain essential as public officials who ensure the authenticity, formal validity, and procedural correctness of cooperative deeds. Their role is therefore central to maintaining legal certainty, even though the final legalization authority is now integrated into the administrative legal system.

Page 4 of 4 | Total Record : 35

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