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Recital Review
Published by Universitas Jambi
ISSN : 26225891     EISSN : 26232928     DOI : https://doi.org/10.22437/rr
Core Subject :
The aims of RECITAL REVIEW 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 with Notary area, including: Deed of Making Techniques; Agrarian law; Family Law; Inheritance Law; Contract Law; Auction Law; Code Ethic of Notary; Land Law; Company and Insolvency Law; Intellectual Property Rights; Tax Law; Politics of Notarial Law; Guarantee Law; Banking Law.
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Articles 132 Documents
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Penerapan Prinsip (MFN) dalam Regional Comprehensive Economic Partnership dan Dampaknya terhadap Kebijakan Perdagangan Indonesia Aulia Hidayat, Robby
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.35989

Abstract

In the era of globalisation and trade liberalisation, countries around the world continue to develop forms of international trade cooperation, such as through the Regional Comprehensive Economic Partnership (RCEP) agreement. RCEP involves 15 countries in Asia-Pacific, including 10 ASEAN members and their five major trading partners, with the aim of reducing tariffs and trade barriers and enhancing economic cooperation. The Most-Favoured Nation (MFN) principle in RCEP requires that any trade concession granted to one member country is also granted to all other members. The implementation of MFN can improve Indonesia's market access to RCEP member countries and boost economic growth through exports and foreign investment, although Indonesia must also manage competitive pressures from other member countries. To maximise the benefits of RCEP, Indonesia needs to formulate appropriate policies, including through the implementation of the Job Creation Law to increase domestic investment. This paper explores the application of MFN in RCEP, its implications for Indonesia, and the importance
Model Penyelesaian Sengketa Pada Masyarakat Desa Pulau Sewangi Yang Berbasis Lahan Basah Erliyani, Rahmida; Syahrida, Syahrida; Rahmawati, Diana; Sihite, Dermawati
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.37060

Abstract

Law Number 3 of 2024, as an amendment to Law Number 6 of 2014, affirms the authority of village heads in resolving community disputes. This study examines the dispute resolution model in the Pulau Sewangi Village community, Barito Kuala Regency, South Kalimantan, which has a wetland-based cultural characteristic with communal life along the Barito River. The study used an empirical legal method with a socio-legal approach through interviews and field observations. The results show that the presence of the village head plays a central role in maintaining social harmony through non-litigation dispute resolution, which is more dominant than litigation. The settlement model implemented prioritizes deliberation based on local wisdom, which is directed at forms of mediation and conciliation. However, for certain cases that meet criminal elements, the village head coordinates with law enforcement officials towards the litigation process. Thus, the dispute resolution model in Pulau Sewangi Village reflects the synergy between formal legal approaches and local wisdom, which is relevant to the development of village governance based on wetland community culture.
Penyimpanan Protokol Notaris Dengan Konsep Elektronik Dengan Cyber Notary Rosa, Meilina
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.37172

Abstract

The purpose of this study is to understand and analyze the urgency of electronic storage of notarial protocols within the concept of cyber notary. Additionally, it aims to explore the regulations and procedures for electronic storage of notarial protocols in Indonesia and South Korea. The electronic storage of notarial protocols, as envisioned by this concept, has not yet allowed for the transition to electronic media; notaries are still required to maintain conventional storage methods. Consistent with the legal research method used, which is normative juridical research. This involves reviewing the applicable laws and regulations and utilizing secondary data as the primary data source. Based on the research findings, it can be concluded that the ambiguity in the existing norms necessitates significant improvements and evaluations related to the regulation of electronic storage of notarial protocols, which may be feasible to implement in Indonesia, provided it does not conflict with existing laws and continues to fulfill the authenticity requirements of deeds as stipulated in Article 1868 of the Indonesian Civil Code (KUHPerdata)
Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Konstruksi Ferdian Saputra, Muhammad
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.38215

Abstract

This paper discusses the application of the principle of freedom of contract in construction agreements in Indonesia and emphasizes the potential for injustice. Although this principle allows parties to create and design contracts freely, there is often an imbalance of power, especially between contractors and project owners. Construction work contracts are regulated by the Civil Code (KUHPERDA) and Law No. 2 of 2017 concerning Construction Services, but there are still loopholes that allow clauses that benefit project owners. Imbalance of bargaining power, unbalanced contract provisions, and disproportionate risk sharing are the main issues discussed. In order to protect the rights of all parties involved in a construction agreement, this paper analyzes the problem normatively and emphasizes the importance of implementing a fairer principle of freedom of contract.
Pengaturan Parate Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Sinta Bella, Devi; Yahya, Taufik; Hasan, Umar
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.39352

Abstract

This article aims to analyze the provisions on parate execution of fiduciary guarantees and their legal consequences following Constitutional Court Decision Number 18/PUU-XVII/2019. Prior to this decision, creditors had the authority to execute fiduciary guarantees directly without going through the courts when the debtor defaulted. However, the Constitutional Court emphasized that parate execution can no longer be carried out unilaterally, but must be based on an agreement regarding the default or through a court order. The research method used is normative juridical with a statutory, conceptual, and case approach, with legal materials in the form of regulations, literature, and court decisions analyzed qualitatively. The results show that this decision provides greater protection for debtors because execution can no longer be carried out without judicial oversight. On the other hand, creditors lose the certainty of automatic execution, which implies increased financing risks, additional costs, and potential delays in the execution process. This condition affects the policies of financial institutions in disbursing fiduciary-based credit. Thus, this decision emphasizes the need for a balance between protecting debtors' rights and legal certainty for creditors, while also encouraging the existence of derivative regulations and technical guidelines so that the implementation of fiduciary execution following the Constitutional Court's decision can be effective, fair, and provide legal certainty.
Tanggung Jawab Notaris Dalam Menjaga Kerahasiaan Data Penghadap di Era Digital Luchia Saldi, Sindi; Rembrandt, Rembrandt; Elda, Edita
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.41414

Abstract

A notary is a public official who is authorized to make authentic deeds and has other authority as referred to in the Notary Position Law or based on other laws. The Notary has an obligation to keep everything confidential about the deed he makes and all information obtained for the preparation of the deed in accordance with the oath/promise of office, unless the Law specifies otherwise. In maintaining the confidentiality of personal data in the digital era, it is very important considering that personal data can be used by unauthorized parties for various interests, the formulation of the problem in this study is first, how is the legal protection of the confidentiality of the data of the person facing in the digital era, the second is how the role of technology in helping notaries to maintain the confidentiality of the data of the person who is confronted in the digital era, and the third is how is the responsibility of the notary for the confidentiality of the data of the person who is facing in the digital era. The research method used is normative juridical, with a legislative, conceptual and case approach, a type of secondary research, with additional interviews with the Regional Supervisory Council (MPD) of the Padang Region and Notaries in Padang City. The legal protection of the confidentiality of personal data in the digital era aims to ensure that the right to privacy is respected, prevent the misuse of personal data for various purposes, prevent misuse by establishing rules on how personal data can be collected, stored and used. The role of technology in helping notaries to maintain the confidentiality of client data is very crucial in the notary profession, by utilizing various security systems, notaries can provide more optimal protection of the client's personal data. Notary's responsibility for the confidentiality of client data in the digital era of notaries will face various legal and ethical consequences. By understanding their responsibilities and taking preventive measures, notaries can minimize the risks and negative impacts of data leaks. There are no rules regulating the confidentiality of client data and sanctions for notaries if there is a leak of client data in the digital era, creating a void in norms. So that the confidentiality of the data of the person has not been guaranteed.
Efektivitas Undang-Undang Perlindungan Konsumen Dalam Menghadapi Peredaran Kosmetik Ilegal di Kota Serang Erni, Erni; Hasuri, Hasuri
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.41682

Abstract

This study aims to analyze the effectiveness of the Consumer Protection Law in dealing with the circulation of illegal cosmetics in Serang City. The method used is normative juridical, with a normative analysis approach to applicable legal norms, as well as data collection from legal literature and official documents. The results of the study indicate that although Law No. 8 of 1999 provides a strong legal basis for consumer protection, its effectiveness is still questionable. The high prevalence of illegal cosmetics in the market, lack of human resources at BPOM, and low public awareness of the dangers of illegal cosmetics are the main obstacles in its implementation. BPOM has made various efforts, including supervision and education to the public, but challenges in law enforcement and comprehensive supervision still need to be overcome. Therefore, strategic steps are needed to increase the effectiveness of consumer protection and suppress the circulation of illegal cosmetics in Serang City.
Beyond 50:50 of Matrimonial Asset: Applying the Contra Legem Principle in Marital Property Division in Indonesia Tanjung, Afriansyah; Lubsi Tuqo Romadhan, Moh.; Khoirul Ummah, Maela
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.43606

Abstract

This paper investigates the legal and ethical implications of deviating from the equal (50:50) distribution of marital property in Indonesian divorce cases, particularly when one spouse acts in bad faith. While Indonesian law—namely Article 35 of the Marriage Law and Article 97 of the Compilation of Islamic Law—generally upholds equal division of joint property, this study highlights how courts may apply the contra legem principle to achieve substantive justice. Using a normative legal method, the research examines regulations and judicial discretion in reallocating marital assets when faced with evidence of misconduct, unequal contributions, or financial manipulation. The study draws from comparative legal systems and landmark court decisions to illustrate how contra legem serves not as a defiance of law, but as a mechanism to protect vulnerable spouses and promote fairness. It concludes that flexible, contribution-based distribution, supported by judicial transparency and evidentiary standards, better reflects the realities of modern marriages and ensures just outcomes within Indonesia’s dual legal framework.
Perlindungan Hukum Melalui Pencatatan Akta Perjanjian Pengikatan Jual Beli (PPJB) Tanah di Kantor Pertanahan Rohali, Novia
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.44169

Abstract

Land is one of the important assets in people's lives that are prone to causing disputes. The Sale and Purchase Agreement (PPJB) is used as a preliminary agreement before the making of the Sale and Purchase Deed (AJB) before the Land Deed Making Office (PPAT). However, the absence of PPJB registration has the potential to cause legal uncertainty and losses for the parties. This study aims to analyze the urgency of recording PPJB Deeds at the Land Office as well as the legal consequences that arise both when the registration is done or not. The research uses normative juridical methods with a legislative and conceptual approach, as well as primary legal materials in the form of UUPA, Government Regulation Number 24 of 1997, and Ministerial Regulation of ATR/KBPN Number 16 of 2021. The results of the study show that the recording of PPJB strengthens the legal position of the parties, provides legal protection and certainty for the object of the agreement, and limits the possibility of transferring rights to other parties outside the agreement. On the other hand, without registration, PPJB remains valid as a deed of agreement, but does not provide maximum protection for the rights of the parties and has the potential to cause disputes in the future. This study recommends that PPJB registration be used as a standard practice in land purchase and sale transactions to minimize legal risks and strengthen the orderly land administration in Indonesia.
Hak Cipta sebagai Objek Jaminan Fidusia dalam Perjanjian Kredit Perbankan di Indonesia Ertananda, Annisa; Yetniwati, Yetniwati; Suryahartati, Dwi
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.44458

Abstract

This research aims to examine the implementation of Article 16 paragraph (3) of Law No. 28 of 2014 on Copyright, which states that copyright can be used as an object of fiduciary security. The research addresses two main issues: How is the regulation of copyright valuation (as an intangible asset) arranged for its use as fiduciary collateral in bank credit distribution in Indonesia? And does the Fiduciary Security Law provide opportunities for copyright to be used as collateral in credit agreements? To analyze the objectives of this thesis, a normative juridical method was employed. The approach is based on primary legal materials, including Law No. 42 of 1999 on Fiduciary Security, Law No. 28 of 2014 on Copyright, and Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 on Banking. The findings indicate that, normatively, copyright fulfills the requirements to be used as an object of fiduciary collateral because it is an intangible asset that is transferable and holds economic value. However, its implementation within the banking system still faces obstacles, particularly in the areas of valuation and acceptance by financial institutions. Therefore, a more structured valuation standard and synergy among relevant institutions are needed to optimize the use of copyright as a legitimate and productive collateral instrument within the national financing system.

Page 11 of 14 | Total Record : 132

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