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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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Pemenuhan Jaminan Kecelakaan Kerja Dan Jaminan Kematian Bagi Anak Buah Kapal (Studi Putusan MA Nomor 447 K/PDT.SUS-PHI/2024) Siahaan, Gabriella; Agusmidah, Agusmidah; Mulhadi, Mulhadi
Recital Review Vol. 8 No. 2 (2026): Volume 8 Nomor 2 Juli 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i2.49132

Abstract

This study examines the legal responsibility of fisheries companies in fulfilling occupational accident and death insurance for crew members (ABK) in the fisheries sector, which has a high risk of fatal accidents and death. Through Supreme Court Decision Number 447 K/Pdt.Sus-PHI/2024, it is clear that the company was negligent in registering crew members with the BPJS Employment program, thus raising the issue of who is responsible for protecting crew members who experience work accidents resulting in death. This study uses a normative juridical method with a statute approach and a case approach, with secondary data obtained through literature studies and document studies of primary, secondary, and tertiary legal materials. The results of the study indicate that the fisheries company was negligent as an employer in providing protection for crew members because it did not register their participation in the BPJS Employment program as regulated in Article 99 of the Manpower Law. Therefore, the judge's consideration requiring the company to pay compensation is in accordance with the law. However, in addition to civil liability, the company should also be subject to administrative sanctions as regulated in Article 17 of Law Number 24 of 2011 concerning BPJS.
Perlindungan Hukum Terhadap Konsumen dalam Pengiriman Hewan Peliharaan Melalui Perusahaan Ekspedisi Shinta Ayu Pratiwi, Dwi; Wahyu Muhammad, Danang
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.49342

Abstract

This study examines the legal responsibility of expedition companies for the safety of pets during delivery using the services of PT Kereta Api Logistik (KALOG). The research discusses the compliance of KALOG’s transport procedures with existing regulations and the company’s liability for pet deaths during shipment. The study employs a normative and empirical legal method with a descriptive qualitative analysis. The findings show that although KALOG’s procedures follow legal provisions, negligence still occurs, causing consumer losses, as in the case of three Saint Bernard dogs’ deaths due to improper packaging. Based on Law No. 23 of 2007 and Article 1365 of the Civil Code, the expedition company is obliged to provide compensation for damage or animal death as part of its absolute liability in transportation.
Pertanggungjawaban Hukum Notaris terhadap Keabsahan Akta Perjanjian Pengikatan Jual Beli Koesoma, Arya; Muskibah, Muskibah; Syamsir, Syamsir
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.49697

Abstract

This study examines the legal liability of notaries concerning the execution of Sale and Purchase Agreement Deeds (PPJB) that are misused as a disguise for loan agreements, as reflected in Supreme Court Decision No. 813 K/Pdt/2023. The main issues addressed are the forms of legal responsibility borne by notaries in drafting such deceptive agreements and the extent of legal certainty arising from them. Positioned within the framework of civil and notarial law, this research employs a normative juridical approach by analyzing statutory provisions, legal doctrines, and relevant jurisprudence. The findings reveal that a notary may be held legally accountable civilly, administratively, or ethically if found negligent in examining the true intention and lawful cause of the agreement. A PPJB used to conceal a loan transaction fails to meet the legal requirements of a valid contract due to its unlawful cause and is therefore null and void. This study underscores the significance of the principles of prudence and professional responsibility for notaries to ensure legal certainty and the protection of parties’ rights in every authentic deed they execute.
Batas Pertanggungjawaban Hukum Notaris/PPAT terhadap Akta yang Dibatalkan oleh Pengadilan Ali, Laila
Recital Review Vol. 8 No. 2 (2026): Volume 8 Nomor 2 Juli 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i2.49748

Abstract

This study aims to analyze the limits of the legal liability of Notaries/Land Deed Making Officials (PPAT) to deeds that are canceled by the court, especially in determining whether the cancellation of the deed is caused by the error or negligence of the Notary/PPAT or by the actions of the parties. This research uses normative legal research methods with legislative, conceptual, and case approaches through studies of the Notary Position Law (UUJN), the Civil Code (KUHPerdata), and relevant court decisions. The results of the study show that the cancellation of the deed does not automatically give rise to legal liability for the Notary/PPAT. Liability can only be imposed if it is proven that there is an error, negligence, or violation of legal obligations and provisions in the performance of their duties and authorities. On the other hand, if the cancellation occurs due to the fault or deeds of the parties without the fault of the Notary/PPAT in carrying out his position, the cancellation does not in itself become the basis for imposing liability on the Notary/PPAT. The liability that arises can be in the form of civil, administrative, criminal, and ethical liability according to the nature and level of the violation committed. Therefore, it is necessary to carry out duties professionally, carefully, and in accordance with the provisions of laws and regulations to maintain the authenticity and evidentiary power of the deed.
Kajian Normatif Terhadap Legalitas Dan Implikasi Hukum Praktik Thrifting Sebagai Perdagangan Barang Bekas Di Indonesia Anugrah, Jorian; Irzal Fardiansyah, Ahmad; Berdian Tamza, Fristia
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.49842

Abstract

The phenomenon of used clothing trade or thrifting has emerged as an alternative economic trend in Indonesia, especially among urban youth. This practice raises legal concerns since most of the traded goods are imported used clothes prohibited under Indonesian positive law. This study employs a normative juridical approach using qualitative analysis of laws and regulations governing import and trade activities. The findings indicate that thrifting involving imported used clothing constitutes a violation of Minister of Trade Regulation No. 40 of 2022 and Law No. 7 of 2014 on Trade, as well as breaches consumer protection principles under Law No. 8 of 1999. The legal implications extend beyond economic crime to affect domestic textile industries and public health. Strengthening regulations and coordinated supervision is necessary to ensure that thrifting operates within a legitimate and equitable legal framework.
Keberadaan Tanah Absentee sebagai Salah Satu Penghambat Pelaksanaan Reforma Agraria di Indonesia Tania Aaliya, Nasywa
Recital Review Vol. 8 No. 2 (2026): Volume 8 Nomor 2 Juli 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/66s19n93

Abstract

This study examines how the existence of absentee land ownership hinders the implementation of land reform in Indonesia, which aims to distribute land ownership equitably in accordance with the mandate of the 1960 Basic Agrarian Law (UUPA). The main questions of this study are to what extent the existence of absentee land ownership disrupts the land redistribution process, and how legal and institutional aspects influence the effectiveness of this policy. This study uses a legal-normative review method, examining regulations related to the prohibition of absentee land. The discussion is conducted through legal norm analysis. Weak supervision, inaccurate data, resistance from landowners, and conflicts of interest are factors that reinforce the existence of absentee land and hinder land redistribution.
Pertanggungjawaban Notaris atas Kebenaran Akta Otentik: Studi Putusan MA No. 379K/Pid/2021 Tapsirudin, Tapsirudin; Zulfa Aulia, M.; Abu Bakar, Firdaus
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.53117

Abstract

An authentic deed drawn up by a notary functions as an evidentiary instrument that ensures legal certainty and protection for the parties. In notarial practice, problems arise when a deed formally complies with legal requirements but fails to reflect the actual legal transaction. This condition raises debates concerning the scope of a notary’s responsibility for the formal and material accuracy of an authentic deed. This study aims to analyze the legal regulations governing notarial responsibility and to examine the form of legal liability as reflected in Supreme Court Decision Number 379 K/Pid/2021. This research employs a normative juridical method using statutory, conceptual, and case approaches. The findings indicate that the Notary Office Act does not clearly define the obligation of notaries to guarantee material truth. The Supreme Court interprets that a notary may incur criminal liability when he or she is aware of discrepancies between the substance of the deed and the parties’ actual legal acts. This interpretation generates legal uncertainty and requires normative clarification. 
Pertanggungjawaban Organ Yayasan Terhadap Kewajiban Penyesuaian Badan Hukum Perspektif Kepastian Hukum Hestianah, Hestianah; Suryahartati, Dwi; Amir, Diana
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.53601

Abstract

This study was conducted to analyze the accountability of foundation organs to the obligation to adjust legal entities from the perspective of legal certainty. The formulation of the problem from this study is how to regulate the obligations of foundation organs to the adjustment of the foundation's legal entity, as well as how the accountability of foundation organs and the Ministry of Law and Human Rights to the adjustment of foundation legal entities from the perspective of legal certainty. The results of this study conclude that the legal regulation of the accountability of foundation organs is regulated in the Foundation Law and the Articles of Association of each foundation. The organs of the Foundation must carry out their duties well but there is still a need for advice, education and awareness of the management to develop and maximize the duties and obligations in managing the Foundatio.
Pertanggungjawaban Notaris Penerima Protokol Terhadap Protokol yang Disimpannya Setelah Berakhir Masa Penyimpanannya Jannnah, Miftahul
Recital Review Vol. 8 No. 1 (2026): Volume 8 Nomor 1 Januari 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v8i1.53665

Abstract

This research was conducted to analyze the liability of notaries who keep notary protocols after the end of their storage period. The formulation of the problem from this study is how the notary is accountable for the notary protocol that he keeps after the end of his storage period. The results of this study conclude that the responsibility of the notary recipient of the protocol to the notary protocol that he keeps after the end of the storage period is to store, maintain, and maintain so that the Protocols are stored safely so that they are not easily damaged and lost because the Notary Protocol is a state archive that must remain. The role of the Regional Supervisory Council has not run efficiently and effectively because of the constraints of facilities and infrastructure for storing notary protocols. 
Perlindungan Hukum Notaris dalam Keadaan Force Majure Terhadap Minuta Akta Ihsan, Muhammad
Recital Review Vol. 8 No. 2 (2026): Volume 8 Nomor 2 Juli 2026
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/5qt3w951

Abstract

The Notary Law regulates not only the obligations and authorities of Notary Officials, but also regulates the legal responsibilities that will be given to Notaries who do not carry out their duties, including in this case not keeping and/or removing the Minutes of Deeds that are their responsibility. Force majeure is a compelling situation that occurs beyond human capabilities so that it hinders the implementation of legal obligations. In notarial practice, force majeure can be in the form of natural disasters, fires, pandemics, riots, or electronic system disruptions that cause notaries to be unable to carry out their duties and authorities as regulated in the Notary Law. The problem arises because Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices has not specifically regulated legal protection for notaries in force majeure. This study aims to analyze the form of legal protection for notaries against force majeure and the legal consequences that arise for notarial deeds. The research method used is normative legal research with a statutory approach and a conceptual approach. The research results show that legal protection for notaries in force majeure situations is still general and does not provide specific legal certainty. As a result, a normative vacuum exists that can lead to unclear responsibilities for notaries in the event of force majeure. Therefore, clearer provisions regarding force majeure are needed in the Notary Law to provide certainty and legal protection for notaries in carrying out their duties.

Page 13 of 14 | Total Record : 132

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