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Thea Farina

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article provides a comprehensive examination of the application of the lex loci celebrationis principle in the execution of notarial deeds involving foreign legal subjects within the Indonesian legal system. The principle affirms that any authentic deed executed in Indonesia must comply with national legal requirements, regardless of the parties’ nationality or the existence of transnational legal relations. Through normative legal research employing statutory, conceptual, comparative, and case-study approaches, this article elucidates how the lex loci celebrationis principle interacts with private international law, particularly in relation to the legal capacity of foreign nationals, the use of foreign documents, and the limits of jurisdiction. The analysis reviews the Law on Notarial Office, the Indonesian Civil Code, population administration regulations, as well as doctrinal developments and jurisprudence pertaining to international legal acts. The findings indicate that although the substantive aspects of an agreement may refer to foreign law through lex voluntatis, the formal validity of a notarial deed remains entirely governed by Indonesian law. These findings underscore the need to enhance the competence of notaries in understanding the dynamics of private international law and highlight the importance of harmonizing national regulations with the principles of private international law to ensure legal certainty in cross-border transactions.

Via Nailil Ngyah; Nurul Mubin; Ngatoillah Linnaja

Reflection : Islamic Education Journal 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to analyze the content and substance of the Fourth Hadith in Al-Arba'in An-Nawawiyyah, explore the Islamic educational values contained within it, and examine its relevance to contemporary Islamic religious education. This research employs a qualitative approach using library research methods through an examination of primary and secondary literature related to the hadith and Islamic educational concepts. The data were analyzed using content analysis techniques to reveal both textual and contextual meanings.The findings show that the Fourth Hadith provides an explanation of the gradual process of human creation, the decree of divine destiny encompassing sustenance, lifespan, deeds, and a person’s final fate, as well as an emphasis on the importance of righteous actions in determining one’s end. The hadith encapsulates holistic educational values, including divine values such as belief in destiny, reliance on God (tawakkul), patience, and spiritual awareness; and humanistic values such as moral responsibility, self-control, self-awareness, and consistency in worship and good deeds. These values remain highly relevant for character building in modern learners, especially in facing moral, spiritual, and social challenges.Based on the results, it can be concluded that the Fourth Hadith of Al-Arba'in An-Nawawiyyah plays a significant role in strengthening contemporary Islamic education, particularly in shaping character grounded in sound creed, noble ethics, and strong mental resilience. The findings are expected to serve as a reference for educators, educational institutions, and society in developing more integrative and applicable educational practices.

Ronaa Fitri Butsainah; Nur Fatimatuzzahroh; Muhammad Akmansyah; Sultan Syahrir

Jurnal Manajemen dan Pendidikan Agama Islam 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This study examines the concept of repentance (taubah) as the foundation of moral pedagogy through a thematic interpretation approach to the Hadith Qudsi and classical and contemporary Islamic scholarly literature. The study employed a qualitative method based on literature review, examining the meaning, values, and educational implications of the teachings of repentance. The results of the study indicate that repentance is not merely understood as a spiritual act of seeking forgiveness, but as a holistic educational process. This process encompasses self-awareness (ma'rifah) of mistakes, deep regret (nadam), a strong determination not to repeat them ('azm), and concrete behavioral change ('amal). From an Islamic educational perspective, the values ​​of repentance play a crucial role in fostering moral responsibility, self-reflection, the habituation of good deeds, and a commitment to continuous self-improvement. The integration of repentance values ​​into learning can be realized through a character-based curriculum, reflective methods, strengthening worship practices, and moral development. Thus, repentance becomes an essential instrument in shaping a perfect human being who is faithful, has noble character, and possesses social awareness.     Kata kunci: Taubat, Hadis Qudsi, Pedagogi Moral, Pendidikan Islam, dan karakter.

Bella Dwi Lestari; Widyawati Widyawati; Sri Roekminiati

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the quality of notarial services in the drafting of sale and purchase deeds at the Office of Notary–PPAT Pramudita Kartikasari, S.H., M.Kn., with a focus on factors influencing client satisfaction. The research background is grounded in the essential role of notaries in ensuring legal certainty in land transactions, which requires services that are prompt, transparent, and professional. The research employed a descriptive qualitative approach through in-depth interviews, observation, and documentation, analyzed using Miles and Huberman’s interactive model. The findings indicate that service quality can be explained through the five SERVQUAL dimensions. In terms of tangibles, physical facilities were considered adequate, although the waiting area and technological equipment remained limited. The reliability dimension showed that deeds produced were legally valid and accurate, yet completion time was not always consistent. Responsiveness was generally satisfactory, though online responses were less prompt. Assurance emerged as the main strength, as the notary was able to provide legal certainty, clear explanations, and professional conduct, while empathy was reflected through attentiveness, flexibility, and personalized care for clients. Assurance and empathy were found to be dominant in enhancing satisfaction, whereas tangibles, reliability, and responsiveness require improvement. The study implies the need for facility improvements, better time management, and standardized communication, while maintaining legal certainty and empathy as the core values of notarial service.

Davina Crysanti Aryuhanna; Dwivania Naila Hanifah; Lidya Zahrania Badahda; Aprila Niravita; Muhammad Adymas Hikal Fikri

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study offers an in-depth comparative assessment of land registration systems in Indonesia, Malaysia, the Netherlands, and Australia, acknowledging that variations in historical evolution, legal infrastructures, and administrative mechanisms have shaped each country’s approach to land governance. These foundational distinctions play a crucial role in determining how effectively each nation provides legal certainty, secures land ownership rights, and administers land records with accuracy and efficiency. The analysis explores how differing registration models—ranging from deeds-based to title-based systems—impact levels of transparency, reliability, and public trust in land management institutions. Furthermore, the study identifies the strengths, limitations, and operational challenges within each framework, demonstrating that no single system is universally superior. Instead, the effectiveness of land registration practices depends on how well they align with the socio-legal context, institutional capacity, and administrative heritage of each region. The findings emphasize the importance of context-specific policy formulation, suggesting that land administration reforms should not merely replicate foreign models but must be adapted to local legal traditions and governance needs. Overall, this research underscores the necessity of designing land registration systems that enhance legal protection, promote efficient land administration, and strengthen the long-term security of landowners’ rights across diverse jurisdictions.

Anna Loist; Triono Eddy; Juli Moertino

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the legal status of the Deed of Decision of the Foundation's Board of Trustees Meeting which was made not in accordance with the meeting agenda, identify legal problems arising from procedural defects, and examine the legal responsibility of notaries and foundation trustees as reflected in the Decision of the Bandung District Court Number 389/Pdt.G/2019/PN Bdg. The method used is normative juridical with a case approach and statute approach. Primary data was obtained from the court decision, while secondary data came from Law Number 28 of 2004 concerning Foundations, its implementing regulations, and related legal literature. The results of the study indicate that the deed of decision of the board of trustees meeting which was not in accordance with the meeting agenda in this case was declared invalid and not binding because it contained procedural defects and was contrary to the principle of justice. As a result, various legal problems arose, such as unlawful acts, flawed meeting decisions, notarial deeds that lost their force, and potential sanctions for notaries. Legal responsibility in this case rests with both the notary and the foundation's trustees, who can be held civilly liable for damages and immaterial losses.

Elena Kristianto; Erny Kencanawati; Khoirul Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Notarial deeds as authentic instruments hold a crucial role in Indonesia’s civil law evidence system, providing perfect proof under Article 1868 of the Civil Code. However, in practice, such deeds are often denied by one party in court, raising debates about the certainty of their evidentiary power. This study examines the legal consequences of denying a notarial deed for the parties in litigation and the assurance of legal certainty for those holding such deeds. Using R. Soeroso’s Theory of Legal Consequences and Jan Michael Otto’s Theory of Legal Certainty, this normative juridical research employs statutory, conceptual, analytical, and case approaches, with literature-based data collection and interpretative legal analysis. The findings reveal that denial of a notarial deed may create new legal relationships, alter good-faith relations into disputes, and result in sanctions imposed by court rulings. Meanwhile, legal certainty remains guaranteed, as authentic deed regulations are clear, binding, and enforceable, serving as a guideline in resolving disputes and upholding sanctions.  

Rini Oktaviana

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the evolution of the notary supervision system in Indonesia, particularly the impact of Constitutional Court Decision No. 49/PUU-X/2012 which revoked Article 66 paragraph (1) of Law No. 30 of 2004 and the establishment of the Notary Honorary Council (MKN) through Law No. 2 of 2014. The study uses a normative juridical method with a case and statutory approach, supported by literature analysis and expert opinion. The results show that the Constitutional Court decision eliminated legal protection for notaries in facing arbitrary actions by law enforcement officers, creating inequality with other professions such as advocates and doctors. Although the Regional Supervisory Council (MPD) still exists institutionally, the authority to grant approval for summoning notaries has been lost. In response, the government established the MKN which combines elements of the Ministry of Law and Human Rights with the Indonesian Notaries Association. International comparisons show that the civil law system provides stronger protection through specialized courts, while common law does not provide a privileged position for notaries. Indonesia adopts a mixed model that provides flexibility but creates coordination complexity. The MKN plays a role in enforcing professional ethics while maintaining a balance between the protection of notaries as public officials who make authentic deeds and accountability in the judicial system, restoring the stability of legal protection that was lost after the Constitutional Court's decision.

Faisal Ibnu Hasnan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The role of notary organizations is critical in the continuous development and supervision of the notary's position, especially concerning personal behavior, both in carrying out office duties and in daily life. The notary profession holds a significant position in the legal framework of society as it produces authentic deeds that carry the highest probative value. As such, integrity and professional ethics are foundational principles in the execution of notarial duties. This research aims to analyze the role of notary organizations, specifically the Indonesian Notary Association (INI) in Sleman Regency, in reinforcing professional ethics and maintaining the quality of legal services for the public. The research employs a normative-sociological approach, utilizing studies of legal regulations, notary electronic codes, and interviews with INI Sleman administrators. The findings indicate that notary organizations contribute through (1) socializing ethical codes and professional standards, (2) conducting internal supervision through honorary councils, (3) providing ethical sanctions for violations, and (4) offering development programs and capacity-building initiatives for members. However, the study also identifies several challenges, including limited supervisory resources, resistance from some members, and a lack of public understanding regarding the importance of professional ethics. These obstacles hinder the full potential of notary organizations in ensuring professional conduct and upholding the quality of notarial services. The research underscores the need for stronger collaboration and awareness to address these issues.

Ni Kadek Bella Kurnia Agustini; Johannes Ibrahim Kosasih; I Nyoman Sujana

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The implementation of the Job Creation Law has brought significant changes to the regulation of foreign investment in Indonesia, particularly through the establishment of a minimum capital requirement for a Foreign Investment Limited Liability Company (PT PMA) of IDR 10 billion. This study aims to examine the formal minimum capital requirements for PT PMA in notarial deeds under the Job Creation Law using normative juridical methods with statutory, conceptual, and case study approaches, and referring to the theory of legal certainty, responsibility, and legal protection. The analysis includes the evolution of PT minimum capital regulations, capital classification within the company's legal structure, the phenomenon of fictitious PT PMAs such as the PT BKG case, and the status and limitations of notary responsibilities. The results of the study indicate that although the minimum capital requirement for PT PMAs has been explicitly stipulated in Government Regulation No. 5 of 2021 and Regulation of the Head of the Investment Coordinating Board (BKPM) No. 4 of 2021, there are legal loopholes in the form of unclear capital deposit periods, weak verification and oversight mechanisms, and the prevalence of nominee practices and fictitious PT PMAs that reduce the effectiveness of the policy. The notary's position as a public official plays a strategic role in drafting deeds of establishment, verifying documents, and providing legal counseling, but has limited authority in verifying material truth. The study concluded that regulatory improvements are needed through establishing clear capital deposit periods, strengthening verification and oversight mechanisms, and harmonizing regulations between institutions to ensure the effective implementation of minimum capital requirements for foreign-owned companies (PT PMA) in accordance with the principle of economic sovereignty.

Hardini Febriani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The issue arises from Article 15 paragraph (2) letter f of the Notary Position Law (UUJN), which grants notaries the authority to draw up deeds related to land affairs but fails to clearly define the scope of that authority. This creates conflict with Article 2 of Government Regulation No. 37 of 1998 in conjunction with Government Regulation No. 24 of 2016, which stipulates that PPATs have the authority to draw up authentic deeds regarding certain legal acts in land affairs. This study employs a normative juridical method by reviewing statutory regulations and legal literature to analyze the issue. The results show that this overlapping authority leads to legal uncertainty and potential conflict between professional functions. In practice, although notaries are normatively granted authority in land-related matters, their implementation remains limited, as deeds drawn up by notaries cannot serve as a legal basis for land registration unless the notary is also appointed as a PPAT. Therefore, a legal reform is necessary, either through a revision of the UUJN or the establishment of implementing regulations that clarify each official’s authority. By doing so, legal certainty can be achieved, and inter-professional disputes can be minimized.

Khoiron Tamami; Dyah Octarina Susanti; Nuzulia Kumala Sari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the application of the legal principle of utility (kemanfaatan hukum) in relation to the inclusion of the phrase Basmallah at the beginning of authentic deeds in Murabahah financing contracts. In notarial practice, it has been found that certain notaries include the phrase “Bismillahirrahmanirrahim” at the beginning of the redaction of Islamic financing deeds. However, the form and structure of authentic deeds are explicitly regulated in Article 38 of the Notary Act (UUJN), which serves as the normative reference for notaries in drafting legally binding deeds. According to Article 1868 of the Indonesian Civil Code (KUHPerdata), an authentic deed is a document drafted in a format prescribed by law, created by or before a public official authorized for such matters, and executed at a place designated by law. Therefore, the inclusion of the Basmallah, which is not stipulated in the formal structure of deeds, may pose legal issues as it can be deemed a deviation from formal requirements, potentially undermining the evidentiary strength of the deed. To ensure both the utility and legal certainty of authentic deeds, it is necessary to reaffirm the formal boundaries as outlined in Article 1869 of the Civil Code, so that deeds drawn up by notaries maintain both formal and substantive legal validity. The scope of this study encompasses three main aspects: First, whether the inclusion of the Basmallah at the beginning of a Murabahah financing deed holds legal authenticity; second, to what extent such inclusion aligns with the principle of legal utility.

Bartolomeus Sihite; Evimawati Harefa; Irmina Mitrang Fani Waruwu

Jurnal Magistra 2025 STP Dian Mandala Gunungsitoli Nias Keuskupan Sibolga

In the celebration of the Eucharist, silence is an important element in liturgical celebrations. Liturgical silence is a means that sends people into the inner world where God is personally experienced. Silence is a time when people listen and absorb God's Word and bear fruit in their daily lives through words, actions and deeds. The author's purpose in making this scientific paper is to urge the people to maintain silence while participating in the Eucharistic Celebration, so that all people can prepare themselves and mind to follow and carry out the Eucharistic Celebration with a calm heart and mind. The method of writing this thesis is a literature review. This scientific work was compiled based on the author's concern about the lack of appreciation of the people in participating in the Eucharistic Celebration. It is undeniable that there are things that disturb the silence during the Eucharistic Celebration, such as the noise in the sacrament when the officers are preparing themselves, and the sound  of mobile phones ringing. Therefore, before the Eucharistic Celebration, it is highly recommended that silence can be created, both in the church and in the area around the church. This paper recalls that silence can be created through prayer. And the most important thing in prayer is not to first seek what we want, but to be aware of the desire and inner movement that is driven by God Himself.

Miftahul Diyanah; Selvi Yeni Safitri

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Istiqomah is a foundational concept in Islam that symbolizes firmness, consistency, and stability in implementing religious teachings. In the Qur'an, there are several verses that emphasize the importance of istiqomah, including Surah At-Tawbah verse 7, Surah Al-Fussilat verse 30, Surah Al-Ahqaf verse 13, and Surah Al-Jin verse 16. This study aims to analyze the interpretation of verses about istiqomah through the views of classical and contemporary mufassirs, such as Ibn Kathir. To understand its implications in the life of a Muslim. The results of the study show that istiqomah is not only related to faith in Allah, but also includes aspects of worship and morals. Istiqomah in faith means remaining firm in monotheism and avoiding shirk. In the aspect of worship, istiqomah is realized through consistency in carrying out religious obligations, such as prayer, fasting, and other righteous deeds. While in the aspect of morals, istiqomah means maintaining good values and resilience in the face of life's tests and trials. Furthermore, the interpretation of istiqomah verses also shows that people who are consistent in istiqomah will achieve peace of mind, protection from fear and sadness, and happiness both in this world and the hereafter. The conclusion of this study is that istiqomah is the key for a Muslim to achieve the blessing of life and achieve the pleasure of Allah SWT. Therefore, istiqomah should be an integral part of a Muslim's life principles in all aspects of life.

Muhammad Rif'at Farid Jamali; Sholahuddin Al Ayubi

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines the concept of the Day of Judgment in Islam based on the Prophet Muhammad’s ﷺ hadiths, which serve as primary sources explaining the minor and major signs preceding the end times, providing moral and spiritual guidance for Muslims. Using a qualitative method and library research, authentic hadiths from collections such as Sahih al-Bukhari and Sahih Muslim were thematically analyzed to understand their relevance and moral messages. The findings confirm that the Day of Judgment is an inevitable event preceded by signs meant to warn believers to strengthen their faith and spiritual readiness amid moral decline and the loss of religious knowledge due to the passing of scholars. Friday holds a special status as a sacred day and the time when the Day of Judgment will occur, while certain groups of steadfast and sincere believers will receive Allah’s protection on that day. Overall, these teachings emphasize the importance of maintaining faith, righteous deeds, and Islamic brotherhood as essential preparation for salvation in both this world and the hereafter.

Eka Ratna Putri; Benny Djaja; Maman Sudirman

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The making of authentic deeds by a notary is part of the legal service that has the highest evidentiary value in the Indonesian civil law system. One of the formal requirements of an authentic deed according to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN) is the presence of two witnesses who know and directly witness the process of signing the deed. In notarial practice, notary staff are often appointed as witnesses for reasons of administrative convenience, trust, and availability of time. This study aims to examine the legal position and role of notary staff as witnesses in authentic deeds and the form of legal protection available if the deed is legally disputed. The research method used is normative legal with a statutory and conceptual approach, supported by literature studies and analysis of related court decisions. The results of the study indicate that notary staff are legally valid as witnesses as long as they meet the requirements as competent witnesses according to law. However, if a dispute arises over the deed, the staff can be asked for information as a witness in court and has the potential to face legal pressure. Therefore, legal protection for notary staff includes the principle of good faith, legal protection for witnesses, the right to legal assistance, and the ethical responsibility of notaries as employers. In conclusion, there needs to be more explicit regulations regarding the role of staff in deeds and clear protection mechanisms to maintain professionalism, integrity, and legal certainty in notarial practice.

Intan Novitasari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The transfer of land ownership rights through a grant (hibah) is a form of voluntary and non-compensatory property transfer. Notaries play a crucial role in drafting grant deeds to ensure legal certainty and protect the rights of the parties involved. This study aims to analyze the legal aspects of land ownership transfer through a grant deed before a notary, as well as the legal strength of the grant deed in providing legal certainty. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that a grant deed executed before a notary holds perfect evidentiary power and serves as a crucial requirement in the process of transferring land ownership titles at the land office.

Deni Riski Setiawan

Moral : Jurnal kajian Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The role of Islamic Religious Education teachers has a very important position in education, so that in this study the role of Islamic Religious Education teachers in educating character at Al-Huda Middle School, Jatimulyo is described. The purpose of this study is to determine the role of Islamic Religious Education teachers in educating character at Al-Huda Middle School, Jatimulyo. The method used in this study is a field research type reviewed from the method and level of discussion, so this study is classified as descriptive research. Data collection methods used in this study are interviews, observations, and documentation. The results of this study show 3 important parts of the teacher's role, namely teachers as educators such as role models in every movement of an Islamic religious teacher in their daily lives. The role of teachers as educators is implemented through teachers in speech; saying good and correct words, speaking gently and politely, teachers in deeds. The implementation of Islamic Religious Education Values ​​at Al-Huda Middle School Jatimulyo is implemented through the instillation of character values ​​such as congregational prayer, welcoming students at the school gate, becoming a prayer leader, social concern, which is seen when teachers raise funds for our brothers and sisters who are affected by disasters or calamities.

Dita Riswuri Widyaningrum

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The termination of employment agreement by mutual consent is a form of agreement between an employer and an employee to end the employment relationship based on the will of both parties. This agreement has significant legal implications in ensuring workers' rights and preventing industrial disputes. This study aims to analyze the role of a notary in drafting mutual termination of employment agreements and the legal strength of notarial deeds as written evidence. The research method used is normative juridical with a statutory and conceptual approach. The results show that a notary plays an essential role in ensuring that agreements are made voluntarily, do not violate workers' rights, and comply with applicable laws and regulations. A notarial deed also provides stronger evidentiary power in the resolution of industrial disputes.

Septi Nadila Utami

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This thesis examines the legal consequences faced by notaries who refuse to draft credit agreement deeds containing elements of usury, with a focus on Tuban City. The study addresses two main issues: whether a notary can lawfully refuse such a deed, and what legal sanctions may apply if they do. Using a normative legal research approach with case, statutory, and conceptual analyses, the study finds that while the UUJN (Notary Law) does not explicitly permit refusal on religious grounds, it also does not prohibit it if the client can be served by another notary. Refusal based on Islamic principles—specifically the prohibition of usury (riba)—does not warrant sanctions under Article 85 of the UUJN, unless the refusal leads to the client's abandonment. In such cases, administrative sanctions may apply. According to the Notary Code of Ethics, acting outside legal provisions may also result in disciplinary action. The study concludes that current laws do not provide sufficient legal protection for notaries who seek to align their professional duties with religious beliefs. It recommends legal reform to ensure notaries have the right to uphold sharia principles without fear of sanctions, through amendments to the UUJN that consider religious freedom and human rights, while still ensuring client access to legal services.