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Umbu Kudu Katauhi Mila; Josef Mario Monteiro; Cyrilius W.T. Lamataro

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

This study aims to analyze the regulation of residence permit services for foreign citizens after the stipulation of the regulation of the Minister of Law and Human Rights number 22 of 2023 concerning visas and residence permits. This research is a normative research supported by field research and literature research using primary legal materials, secondary legal materials and tertiary legal materials collected using documentation techniques or literature studies and processed and analyzed in a qualitative descriptive manner. The results of the study show that (1) Synchronization of foreigner residence permit arrangements between Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration and  Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits It is important to create legal certainty and the effectiveness of the implementation of rules (2) Factors that cause Foreign Citizens to exceed the limit of Residence Permit in Indonesia, namely Legal Awareness Factors and Legal Compliance Factors.

Markus Gunawan; Ali Amran; Erniyanti Erniyanti

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

This research examines the role of Indonesian Notary Position Regulations (UUJN) in enhancing integrity and professionalism within the notarial profession in Indonesia. The study adopts a normative legal research methodology, integrating both statutory and conceptual approaches to evaluate the effectiveness of existing regulatory frameworks governing notarial practice. Primary objectives include analyzing the impact of current regulations on notarial standards, identifying implementation challenges, and developing recommendations for regulatory enhancement. The research findings demonstrate that while the UUJN serves as a crucial foundation for professional notarial practice, several significant challenges persist in its implementation. These challenges encompass technological adaptation requirements, increasing transaction complexity, and the need for stronger oversight mechanisms. Analysis reveals opportunities for regulatory refinement to address emerging professional demands while maintaining high standards of integrity. This study contributes to the existing body of knowledge by providing comprehensive insights into the relationship between regulatory frameworks and professional excellence in notarial practice. The findings lead to specific recommendations for regulatory enhancement, including strengthening supervisory mechanisms, developing continuous professional development programs, and harmonizing standards with international best practices. These recommendations aim to foster a more robust and adaptable notarial profession in Indonesia while maintaining its fundamental role in ensuring legal certainty and protection for society.

Dina Yaniar Putri; Moh. Ali Hofi

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

E-Court is a court instrument in seeking legal certainty so that cases can be resolved quickly. The scope of E-court includes online case registration (e-filling), online estimation of case costs (e-skum), online payment of downpayment (e-payment), online summons of parties (e-summons) and online hearings (e-litigation) by sending court documents (Replik, Duplik, Conclusion, Answer). The focus that will be discussed in this scientific work includes first, how to read the judge’s decision via E-court. Second, how to apply the principle of hearings open to the public via E-court. To facilitate understanding in this research, researchers used a Normative Juridical research method with a Legislative approach. The data colletion technique carried out by the researcher was by identifying and analyzing statutory regulations, namely PERMA Number 1 Of 2019. The results of the research carried out by the researcher can be concluded that first, the application of the principle of open to the public hearings is appropriate and reflects the applicable statutory regulations. And will still be implemented, but with several restrictions on the number of court visitors and the distance between visitors. Second, regarding the reading of the judge’s decision via e-court, it is legally considered to have been attended by the parties and carried out in a trial open to the public. And has legal force and legal consequences.

Johan Rofi; Fauzie Yusuf Hasibuan; Lilik Mulyadi

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

This research aims to elucidate the significance of restorative justice during the investigative phase and the legal assurance for investigators who apply restorative justice in cases of party noncompliance with the agreement. The author employs normative legal research, which involves the collection and analysis of legal documents pertinent to the subject at hand. This legal research employs the statute and case approaches. This writing employs primary and secondary legal materials. This article conducts prescriptive research. The findings of this research indicate that, initially, the concept of restorative justice during the investigative phase prioritizes substantive justice over procedural justice. We seek to establish substantive justice as the cornerstone of our rule of law, as it presents a promising opportunity for enhancing national well-being. The rule of law in Indonesia ought to foster the well-being of its citizens, and for this purpose, the notion of restorative justice, synonymous with substantive justice, is selected. Secondly, investigators lack legal clarity while implementing restorative justice if the participating parties violate the agreement. It may evolve into a complex issue when investigators seek to address broad criminal charges via restorative justice. The restorative justice concept is not acknowledged in general criminal offenses, although being governed by the Police Chief Regulation. Nonetheless, it is perceived that it still fails to offer legal certainty to investigators in the event of a future breach of contract or if the reported party defaults on their commitment or repeats their conduct.

Nurlia Siti Muntamah

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The problem that arises is the use of transaction value as the basis for BPHTB calculations. The provisions governing the basis for BPHTB calculations are the transaction value. The use of transaction value as the basis for BPHTB calculations often causes problems in the field, because it is not uncommon for the transaction value submitted by taxpayers to be considered inappropriate by tax officials, so that when validation is carried out, it is not uncommon for officers to request that the transaction value be changed and adjusted according to the assessment. tax. This research is of a Notmative Juridical nature with the research object being the BPHTB for land sale and purchase transactions. That the legal certainty regarding the provisions for BPHTB calculations for land sale and purchase transactions regarding discrepancies between the NJOP in the Land Sale and Purchase Deed and the actual land price is that the BPHTB calculation is calculated from the NJOP PBB value stated in the SPPT PBB. The government, to provide guarantees of legal certainty regarding BPHTB, then issued a Circular Letter to the National Land Agency of the Republic of Indonesia number: 05 /SE/IV/2003 concerning Registration of Land Rights or Registration of Land Rights related to the implementation of Law Number 28 of 2009 concerning Regional Taxes and Regional Levy, which is addressed to heads of land offices throughout Indonesia. In order for there to be certainty in the payment of BPHTB, it is necessary to determine the exact value as the basis for calculating BPHTB by the authorized agency, for example by using the Value Selling Land and Building Tax Tax Objects (NJOP PBB) as outlined in the Land and Building Tax Debt Notification Letter. Building (SPPT PBB), or its value determined by the authorized agency.

Candra Husein Puji Putra; Ivan Widjaja; Abdul Rokhim

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the potential legal conflicts arising from the mismatch between the employment contract of Government Employees with Work Agreements (PPPK) and the applicable regulations related to the appointment of school principals. The method used in this research is normative legal research with a statutory approach to examine related regulations. Data collection consists of primary legal materials from laws, secondary materials from legal journals, and tertiary materials as supporting references. The analysis used a qualitative normative method to interpret the data in a comprehensive legal context. The results show significant legal uncertainty regarding the status and rights of PPPK in strategic positions, especially in the school principal position. The inconsistency of regulations regarding tenure and legal protection for PPPKs creates potential conflicts that can affect their career stability and performance. Recommendations regarding legal harmonization and clearer regulations are proposed to ensure legal certainty and protection for PPPKs in strategic positions.

Rayga Rayyan; Abdul Rahman Maulana Siregar

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid development of health technology has significantly contributed to healthcare services. Technologies such as Electronic Medical Records (EMR), telemedicine, and Artificial Intelligence (AI) have improved healthcare accessibility. However, these advancements also present legal challenges, particularly regarding patient data protection and liability for medical errors (malpractice). Patients have the right to data privacy, and data breaches can have serious consequences. In Indonesia, regulations such as the Ministry of Health Regulation No. 24 of 2022 on Medical Records have been implemented to strengthen patient data security. However, legal gaps still exist, particularly concerning the responsibility of third-party technology providers. Additionally, the application of technology increases the risk of malpractice, especially in the use of AI and telemedicine, where diagnostic errors can occur. Current regulations, including Law No. 17 of 2023 on Medical Health, do not fully address liability for errors involving technology. Therefore, stronger legal certainty and more comprehensive regulations are needed to keep pace with the rapid development of health technologies.

Asri Sabrina Koto; Siti Aini

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

This article examines marriage law as a form of uniformity and legal certainty. However, there are still differing views among Islamic scholars (fuqaha) regarding the position of witnesses in marriage. In light of this, the author is interested in discussing the role of marriage witnesses as one of the requirements for marriage according to the four fiqh schools of thought. This research employs a literature review method by collecting primary and secondary data from books, journals, and other legal regulations. The findings show that, according to the four fiqh schools, a marriage witness is an individual who clearly and certainly knows about the marriage event and is ready to provide evidence that can be held accountable if required by either party regarding the occurrence of the marriage. In the context of legal regulations, a marriage witness is recognized as one of the pillars of marriage, based on the view of the Shafi’i school. Two witnesses are the minimum requirement for marriage, and the purpose of having witnesses is to prevent the emergence of negative issues in society related to extramarital relationships. The presence of marriage witnesses also affirms the rights that arise after the marriage contract, such as the right to consultation, maintenance rights, and inheritance rights.

Bahrul Ulum

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

Rully Affan Pamungkas; Rastra Wahyudityana; Fadlan Fadlan

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research conducts a comprehensive juridical analysis of interfaith marriage within the framework of Indonesian positive law, examining the legal complexities and regulatory challenges in the current legal system. The study critically analyzes the existing legal instruments, including Marriage Law No. 1 of 1974, compilation of Islamic Law, and relevant Supreme Court decisions that govern interfaith marriages in Indonesia. Through doctrinal legal research methodology, this study investigates the legal vacuum surrounding interfaith marriages and its implications on citizens' constitutional rights. The research examines how different legal interpretations by civil registry offices, religious courts, and other legal institutions affect the implementation of interfaith marriage regulations. Findings indicate substantial inconsistencies in legal interpretation and application, leading to legal uncertainty for couples seeking interfaith marriages. The study reveals that while Indonesian positive law does not explicitly prohibit interfaith marriages, the absence of clear regulatory frameworks often results in practical obstacles and varying administrative practices across different regions. The research also explores how judicial decisions have shaped the legal landscape of interfaith marriages, analyzing landmark cases that have influenced current legal practices. This study concludes that there is an urgent need for legal reform to provide clear guidelines for interfaith marriages that align with constitutional principles while respecting religious values and human rights in Indonesia's pluralistic society.

Candra Andreansah Harahap; Agung Syarifudin; Fadlan Fadlan

International Journal of Social Science and Humanity 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research examines the legal construction of interfaith marriage in Indonesia within its pluralistic context. Through socio-legal analysis, it explores current regulations, implementation practices, and challenges in accommodating interfaith marriages under Indonesian law. The study analyzes Marriage Law No. 1/1974, Civil Administration Law, and relevant court decisions, revealing gaps between constitutional rights of religious freedom and existing marriage regulations. Research methods include document analysis, case studies, and comparative legal analysis with other pluralistic societies. Findings indicate significant challenges in legal recognition and civil registration of interfaith marriages, impacting citizens' constitutional rights. The study proposes legislative reforms and administrative improvements to better accommodate religious diversity while maintaining legal certainty. This research contributes to the ongoing discourse on legal pluralism and religious freedom in Indonesian marriage law.

Fitri Yanti Katili; Qisthy Leonarza; Fadlan Fadlan

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The legal landscape of interfaith marriage in Indonesia presents a complex challenge that intersects social dynamics, legal frameworks, and cultural diversity. This research aims to critically analyze the existing legal system governing interfaith marriages, exploring the fundamental tensions between legal norms and social realities. Through a comprehensive socio-legal methodology, the study investigates the intricate challenges of harmonizing marriage laws in a pluralistic society.The research employs a mixed-method approach, combining normative juridical analysis with empirical social research. Extensive document analysis, comparative legal studies, and expert interviews provide a nuanced understanding of the current legal and social complexities surrounding interfaith marriages. The study examines the interactions between state law, religious norms, and customary traditions that shape marriage regulations in Indonesia.Key findings reveal significant gaps between legislative provisions and social practices, highlighting the urgent need for a more adaptive and inclusive legal framework. The research identifies multiple challenges, including jurisdictional conflicts, individual rights protection, and the complex interplay of different normative systems. Theoretical foundations draw from legal certainty theory, legal pluralism, and social justice theory to construct a comprehensive analytical framework.The study proposes innovative approaches to legal harmonization, emphasizing the delicate balance between maintaining legal certainty and accommodating social realities. Recommendations include developing more flexible legal mechanisms, enhancing inter-institutional dialogue, and creating regulatory frameworks that recognize the dynamic nature of social relationships and individual rights in contemporary Indonesian society.Ultimately, the research demonstrates that effective legal harmonization requires a holistic approach that bridges the gap between formal legal structures and the lived experiences of individuals navigating interfaith marriages. By providing a critical analysis of the current legal landscape, the study contributes to broader discussions on legal pluralism, social justice, and individual rights in Indonesia.

Vidi Siami Mulyanti; Nia Kurniati; Artaji Artaji

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Agrarian disputes in Indonesia often face challenges in ensuring legal certainly, including the execution of Supreme Court Decision No. 109/PK/Pdt/2022 concerning the Dago Elos land dispute. This study aims to analyze the legal certainly of the execution involving the Muller family’s claim based on the colonial Eigendom Verponding system and the physical control of the land by local communities. Using a normative judicial approach and descriptive qualitative analysis, primary legal documents and legal literature were purposively selected as the main data sources. The study found significant barriers to execution due to local community resistance and conflicts between colonial and national agrarian systems. The main conclusion highlights challenges in implementing the principle of legal certainty, even though the old rights have been recognized. The novelty of this research lies in its analysis of the relationship between colonial and national regulations in agrarian disputes. This study recommends comprehensive agrarian law reform to prevent similar conflicts and strengthen public trust in the national legal system.

Adi Rahmanto; Aprila Niravita; Muhammad Adymas Hikal Fikri; Harry Nugroho

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The sustainability of the agribusiness sector is very dependent on the certainty of land rights, which is the main asset for business actors in this sector. Land registration is an important instrument in providing legal certainty for land ownership, which can ultimately encourage stable and sustainable agribusiness development. This article discusses the role of land registration in protecting ownership rights for agribusiness actors in Indonesia and analyzes the role of government policies, such as the Complete Systematic Land Registration Program (PTSL), in speeding up the land certification process. With legal certainty obtained through land certificates, agribusiness actors can avoid agrarian conflicts, gain access to financing, and run businesses more safely and in a planned manner. Apart from that, land registration policies also have the potential to support regional economic development, reduce agrarian conflicts, and encourage sustainable management of land resources. However, implementing this policy still faces challenges, including bureaucratic obstacles and low public understanding. Therefore, the government's role in improving policies and overcoming existing obstacles is very necessary to create an inclusive, competitive and sustainable agribusiness sector in Indonesia.  

Risa Shoffia; J. Agung Indratmoko

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Disputes in share divestment in Indonesia, such as the case between the Indonesian Government and PT. Newmont Nusa Tenggara, reflect the complexity of law and economy. This dispute was triggered by differences of opinion regarding the payment mechanism for shares sold by PT. Newmont Nusa Tenggara. The government rejects the payment scheme using funds from foreign capital owners such as PT. Bumi Resources Tbk, PT. Newmont Indonesia Limited, and Nusa Tenggara Mining Cooperation, because it is considered not in accordance with national interests. This study uses the Legal Research method with a normative juridical approach as explained by Prof. Peter Mahmud Marzuki. This conflict is caused by the weakness of the Work Contract, the unclear dispute resolution mechanism, and the lack of legal certainty regarding share divestment in Indonesia. The government and PT. Newmont Nusa Tenggara remain adamant with their respective schemes—the government wants national financial resources, while PT. Newmont offers foreign capital loans. This complicates communication and joint solutions. The main issues discussed are the legality of purchasing shares using foreign loans and the need for DPR approval in the divestment of shares in closed business sectors such as coal mining.

Ach. Fadlail; Maria Ulfa

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

and the results of managed land, whether land in the form of agricultural land, plantations or homestead land as a place to live. However, to date, problems related to land continue to occur and in fact the number continues to increase, starting from ownership rights, cultivation rights, control rights and land issues that arise due to dual ownership where both have certificates for the land. The National Land Agency (BPN) is an institution that was specifically formed to resolve land issues in Indonesia with the hope that people will have legal certainty and legal force over the land they own so that it does not cause new problems in people's lives. By using normative juridical research, the results of this research found that BPN has a central role in realizing certainty, justice and benefits for land managed by the community. So BPN plays an important role in solving land problems and at the same time providing solutions to the problems above. The conclusion of this research is that making BPN a mediator in land disputes before they go to the legal realm is the best solution to obtain legal certainty and resolution of land disputes experienced by the community.

Boy Nurdin; Wahyu Widodo; Daud Juristo Chiang

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Land issues in Indonesia show complex dynamics due to legal vacuum and legal loopholes in the applicable land law system. This condition is exacerbated by the weakness of implementing regulations of the UUPA which are unable to respond to developments in the era, thus opening up space for land mafia practices and overlapping development policies. This legal vacuum impacts violations of community rights to land, environmental degradation, and the failure to realize optimal legal protection. The study uses a normative legal approach based on secondary data from literature studies to analyze the urgent need for land law reform. The findings reveal the need for the land law system renewal to create stronger protection of community rights and ensure a sustainable development direction by environmental conditions.

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Ismaidar Ismaidar; Tamaulina Br. Sembiring; Jesslyn Elisandra Harefa

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Political law is the basic policy that is the basis for the formation, implementation and enforcement of law in a country. In the context of criminal cases in Indonesia, legal politics is reflected in the judge's considerations when handing down a decision. This research aims to analyze how legal politics influences judges' considerations in criminal cases and the extent to which these factors reflect substantive justice, legal certainty and legal benefits. By using a normative juridical approach and analysis of court decisions, this research finds that judges' considerations are influenced by various factors, such as statutory regulations, legal doctrine, jurisprudence, and social values ​​that develop in society. The legal politics applied by judges in their decisions often show an attempt to balance the need for legal certainty with substantive justice. However, in some cases, it was found that judges' considerations could be influenced by external pressures or developing political dynamics, which had the potential to cloud the principle of judicial independence. These findings provide important insights for policy makers and law enforcers to strengthen a justice system that is oriented towards justice and integrity.

Iman Sejati Zendrato; Yasmirah Mandasari Saragih; Fauzan Fauzan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Legal protection is an effort made by the government to protect its citizens in accordance with legal regulations that aim to realize justice, legal certainty, and benefits. The application of law is a system that aims to regulate and protect every action or behavior that occurs within the scope of society with various norms and sanctions that are binding and coercive in order to prevent problems from occurring. Every person who commits a crime will certainly be held accountable in the form of sanctions for the violations committed. In this writing process, the normative legal research method or normative juridical method is used using a statutory approach, a conceptual approach, and a comparative approach. A crime in general can also be caused by actions or deeds that are not directly carried out with an element of intent in the form of protection or self-defense. Accountability for criminal acts on the basis of self-defense in this case can be justified as long as it meets the requirements and limitations according to legal provisions. Thus, self-defense efforts in the criminal act process cannot be punished if they meet the elements of self-protection because there is no way out, meet the unlawful nature, for the benefit of oneself, others and public order issues, and do not go against the norms that live in society.