The Role of Notary Position Regulations in Improving the Integrity and Professionalism of Notaries in Indonesia
(Markus Gunawan, Ali Amran, Erniyanti Erniyanti)
DOI : 10.62951/ijls.v2i1.487
- Volume: 2,
Issue: 1,
Sitasi : 0 30-Jan-2025
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| Last.13-Aug-2025
Abstrak:
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.
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2025 |
Juridical Analysis of Government Policies on Ownership of Rights to Flats
(Sisilia Sisilia, Soerya Respationo, Markus Gunawan, Erniyanti Erniyanti)
DOI : 10.62951/ijss.v1i3.62
- Volume: 1,
Issue: 3,
Sitasi : 0 21-Aug-2024
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| Last.27-Jul-2025
Abstrak:
The policy of ownership of the right to the flats is an important aspect in the arrangement of vertical housing in Indonesia, especially in dense urban areas such as Kampung Utama Batam City. The background of this research focuses on the complexity of ownership dualism between individual property rights over units and collective rights to common parts, common objects, and common land. Conflicts of interest and management problems often arise, hindering the optimal implementation of policies. The purpose of this study is to analyze the implementation of government policies on ownership of rights to apartment units in Kampung Utama Batam City, identify existing obstacles, and provide recommendations for improvement. The research method used is a normative juridical approach with case studies. Data was collected through analysis of legal documents, interviews with stakeholders, and field observations. The analysis was carried out using positive legal theory from John Austin to understand the existing legal framework, legal system theory from Lawrence M. Friedman to evaluate the interaction between legal structure, substance, and culture, and legal certainty theory from Sudikno Mertokusumo to assess the clarity and predictability of applicable laws. The results of the study show that although the policy has been well drafted in Law No. 20 of 2011 concerning Flats, its implementation in the field still faces various obstacles. Dualism of ownership, unclear certificate status, complex administrative procedures, and lack of legal socialization are some of the main problems found. Strengthening the role of the Flats Owners and Occupants Association (P3SRS), the use of digital technology for administrative procedures, and increased supervision and law enforcement were identified as solutions to overcome these obstacles. The suggestions provided include increased coordination between related agencies, active community participation in the management of flats, and simplification of administrative procedures by the government. More effective implementation is expected to provide better legal certainty and create a harmonious residential environment in Kampung Utama Batam City.
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2024 |
Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee
(Natasya Ferena, Erniyanti Erniyanti, Markus Gunawan, Soerya Respationo)
DOI : 10.62951/ijhs.v1i3.50
- Volume: 1,
Issue: 3,
Sitasi : 0 05-Aug-2024
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| Last.06-Aug-2025
Abstrak:
This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the field often encounters various obstacles, especially in Batam City which is a strategic business center. This study uses a qualitative method with a document study approach, in- depth interviews, and field observations to collect data. The subject of this study involves notaries, fiduciary guarantee registration officials, investors, and business actors in Batam. The results of the study show that there are several significant obstacles in the implementation of the use of shares as an object of fiduciary guarantee, which include procedural complexity, variations in notary practices, and limited administrative infrastructure. Despite this, stocks are still a trusted and used instrument because of their liquidity and economic value. Based on these findings, suggestions include expanding education and training for notaries to improve understanding and thoroughness in the fiduciary guarantee administration process. The Batam City Government is advised to update and simplify related regulations to support efficiency and legal certainty. In addition, investments in information technology are needed to modernize the registration and document handling processes, which can increase the transparency and speed of the fiduciary assurance process.
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2024 |
Juridical Analysis Of Land Allocation In Forest Areas Over BP Batam's Management Rights On Rempang Island
(Sitti Isramira Pratiwi, Markus Gunawan, M. Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijhs.v1i3.43
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Aug-2024
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| Last.06-Aug-2025
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The incident of residents on Rempang Island rejecting the development of the Rempang Eco-city Project certainly raises many questions for the general public in viewing this problem. With the publication of Coordinating Ministerial Decree Number 7 of 2023 concerning the Third Amendment to Coordinating Ministerial Decree Number 7 of 2021 concerning Amendments to the List of National Strategic Projects, the public is in the spotlight to find out what processes and laws and regulations regulate each process and stage. To study this in more depth, it is necessary to carry out a Juridical Analysis of the Allocation of land in Forest Areas above BP Batam's Management Rights on Rempang Island to be able to find out the legal arrangements, implementation, obstacles and solutions for allocating land in forest areas above BP Batam's Management Rights on the Island. Eccentric. The research method used is a normative and juridical approach, which focuses on doctrinal legal research and refers to legal norms contained in applicable laws and regulations as a normative basis, so this research emphasizes secondary data sources, both in the form of theories- legal theory and through interviews with sources or parties related to the problems to be researched above. All data obtained is then processed, analyzed and interpreted logically, systematically using deductive methods. The results of research on the allocation of land in forest areas above BP Batam's Management Rights on Rempang Island based on applicable laws and regulations are not justified and BP Batam will not be able to use and utilize all or part of its land either for its own use or in collaboration with other parties because BP Batam's authority as the holder of Management Rights will only arise after the issuance of a Management Rights Certificate from the Batam City National Land Agency Office, it is not permitted to carry out new development and development in forest areas before changes to the designation and function of forest areas are made, and if it is on land that will be granted Rights Management still has land/buildings/plants belonging to the people, so compensation for losses and relocation of residents to new residential areas must be carried out first on the basis of deliberation. The author hopes that from the research that has been carried out, the government can create legal products that create a sense of justice for society and can turn the results of this research into useful knowledge for parties facing similar legal problems.
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2024 |
Juridical Analysis Of The Binding Strength Of A Power Of Power To Charge Lien Rights In The Payable And Receivable Agreement
(Irman Pasaribu, Soerya Respationo, Erniyanti Erniyanti, Markus Gunawan)
DOI : 10.62951/ijsw.v1i3.41
- Volume: 1,
Issue: 3,
Sitasi : 0 31-Jul-2024
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| Last.06-Aug-2025
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The research entitled Juridical Analysis of the Sale and Purchase of Plots of Land That Have Not Been Certified in Kampung Tengah Nongsa, Batam City, the problem is How is the Legal Regulation of the Sale and Purchase of Land Plots that have not been certified, How is the Implementation of the Sale and Purchase of Plots of Land that have not been certified and What are the factors that become obstacles to the practice of buying and selling land plots that have not been certified in Kampung Tengah Nongsa, Batam City. This research method uses empirical legal research methods using qualitative techniques and the approach used in this research is a statutory approach and a conceptual approach. To obtain primary data, this was done by means of in-depth interviews (depth interviews). From the research results, it is known that the legal regulations governing the practice of buying and selling land that has not been certified are contained in the Civil Code in articles 1457 and 1458. Apart from that, there are also regulations for buying and selling land according to Customary Law, Government Regulation Number 24 of 1997 concerning Registration Land, Land Management Rights by the Batam Authority as regulated in Presidential Decree Number 41 of 1973 concerning the Batam Island Industrial Area and Arrangements for Transfer of Land Rights and Permits for Transfer of Land Rights as regulated in the Regulation of the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning Implementation of Land Allocation. The factor that is an obstacle in the practice of buying and selling plots of land that have not been certified in Kampung Tengah Nongsa, Batam City is that the community believes that the Plot Certificate and Land Sale and Purchase Agreement in the form of a Grant Letter are proof of legal ownership and are guaranteed by law, so that sometim
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2024 |