Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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The Legal Effectiveness of Government’s Role in Managing Parking Revenue in Batam and Its Impact on Local Government Revenue
No full textParking is an activity regulated by the government as a source of local revenue to support infrastructure development. The management of parking revenue in Batam City refers to Law Number 28 of 2009 on Local Taxes and Levies and Local Regulation of Batam City Number 1 of 2024. The problem of this research is the effectiveness of the government's role in managing parking revenue in Batam City, especially in the aspects of facilities, community participation, and culture of legal compliance. This research aims to analyze the role of government in managing parking revenue in Batam City. The method used is empirical juridical research involving in-depth interviews with the Local Revenue Agency, Transportation Agency, as well as parking attendants in Batam City with statutory approach, conceptual approach and sociological approach. The results show that the government has a strategic role in ensuring that parking revenue is optimally distributed, both for the welfare of parking attendants and the development of city infrastructure. In addition to effective regulations, the main challenges in optimizing the parking system in Batam City lie in improving facilities, public participation, and strengthening the culture of compliance with parking regulations. Therefore, synergy between government policies, especially related to technology and public education, is needed to create a parking system that is more transparent, efficient, and contributes maximally to local revenue
Regulation of Electronic Notarial Deed Creation in Indonesia Based on the Principle of Legal Certainty: Between Opportunities and Challenges
No full textNotaries, entrusted with upholding legal certainty by producing authentic legal documents, now face notable difficulties in adapting to digital transformation. Even though electronic transactions and forms of digital authentication have become more widely embraced, Indonesia still lacks a clear legal framework for electronic notarial deeds (e-notary), resulting in legal uncertainty regarding their authenticity, validity, and evidentiary strength within the national legal system. Accordingly, this study raises two central problems: (1) how relevant are the elements “before a public official” and “made at the place where the deed is made” under Article 1868 of the Indonesian Civil Code within the context of electronic notarial deeds, and (2) what are the opportunities and challenges in regulating electronic notarial deeds to ensure authenticity and legal certainty. This study analyzes two central problems as previously mentioned. The research employs a normative legal method with statutory and conceptual approaches. The findings reveal that the elements of authenticity in deeds as stipulated in Article 1868 of the Indonesian Civil Code and the Notary Office Law still emphasize physical presence; however, in the digital era, they must be reinterpreted functionally through electronic communication systems that ensure security, integrity, and the free will of the parties. The digitalization of notarial systems presents opportunities for efficiency, transparency, and institutional integration, but it also faces normative, technical, and ethical challenges that require regulatory reconstruction and strengthening of digital legal infrastructure. Legal reform through the amendment of the Notary Office Law, establishment of implementing regulations, and adoption of blockchain technology are essential to ensure legal certainty in the implementation of electronic notarial deeds in Indonesia
Criminal Act of Attack on Honor Following the Constitutional Court Decision No. 105/PUU-XXII/2024: Human Rights Perspective
No full textThe criminal act of attack on honor under Article 27A of Law No. 1 of 2024, following Constitutional Court Decision Number 105/PUU-XXII/2024, reflects Indonesia’s ongoing effort to balance the protection of individual dignity with the constitutional guarantee of freedom of expression. This study aims to analyze the human rights implications of the Constitutional Court’s ruling, which clarifies the interpretation of the phrases “other person” and “a matter” in Article 27A. Employing a normative legal research method and a qualitative descriptive approach, the study examines statutory provisions and the Court’s reasoning through the principles of legality, necessity, and proportionality as articulated in international human rights standards. The findings indicate that the Court’s conditional interpretation—restricting “other person” to natural persons and defining “a matter” as “an act that demeans the honor or reputation of an individual”—constitutes a significant normative improvement toward legal certainty. However, law enforcement practice continues to reveal the potential for this article to be misused to silence criticism of public officials, generating a persistent tension between normative ideals and implementation realities. This research’s novelty lies in providing the first human rights–based analysis of Article 27A following the Constitutional Court’s ruling, offering a new framework for evaluating the proportionality of criminal restrictions on freedom of expression in Indonesia’s digital democratic era
The Constitutional Court Law Reconstruction of Indonesia: The Rights & Obligations of Lawmakers in Judicial Review
No full textThis study discusses the reconstruction of the Constitutional Court Law of the Republic of Indonesia, particularly regarding the rights and obligations of the law-making institutions in the judicial review process. The main focus of this study is on the need to reformulate the norms in Article 54 of Law Number 24 of 2003, which is currently optional, to be imperative, so that the law-making institutions (the House of Representatives and the President) have a legal obligation to be present and provide information in the process of reviewing laws at the Constitutional Court. This research uses a normative juridical method with a legislative, conceptual, historical, and philosophical approach. The results of the study show that the absence of explicit regulations has weakened the principle of legislative accountability in the Indonesian constitutional law system. The proposed reformulation, in the form of the addition of Article 54A to the Constitutional Court Law, aims to strengthen the principles of checks and balances, audi et alteram partem, and due process of law in constitutional adjudication. Thus, this study provides theoretical and practical contributions to strengthening the accountability of law-making institutions and the effectiveness of judicial review in Indonesia
Analysis of Formal Errors in Visum et Repertum and Their Legal Consequences on the Evidential Value in Criminal Cases of Assault (Study of Decision No. 309/Pid.B/2024/PN. BJM)
No full textThe criminal act of assault is a prevalent offense in society and is regulated under Articles 351 to 354 of the Criminal Code (KUHP). In the evidentiary process of assault cases, the Visum et Repertum (VER) serves a critical role as both documentary evidence and expert testimony, as specified in Articles 133 and 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the admissibility of VER requires compliance with both formal and substantive standards in accordance with medical and legal norms. This study examines formal defects in VER and their legal implications for evidentiary value, using Case Decision No. 309/Pid.B/2024/PN BJM as a case study. The findings reveal that the VER was issued based on a Visum Request Letter (SPV) signed by an unauthorized investigator, and its contents failed to meet the requirements of the Indonesian Medical Competency Standards (SKDI). Despite these deficiencies, the court relied on the VER as the basis for conviction, even though the case lacked two valid pieces of evidence and no witness directly observed the alleged crime. This research concludes that formal defects in VER can undermine the principles of legality and legal certainty, and may violate the defendant's fundamental rights
Compliance of Public Fuel Filling Stations (SPBU) with Fuel Pump Accuracy in Consumer Protection Efforts
No full textThe accuracy of fuel pumps at public fuel filling stations (SPBU) is an essential factor in ensuring fair transactions and consumer protection. This study aims to analyze the level of compliance of SPBUs with fuel pump accuracy standards and examine the role of the Ministry of Trade in monitoring potential measurement discrepancies. The research method used is a normative juridical approach supported by empirical data from several cases of measurement manipulation, such as the installation of printed circuit boards (PCBs) in Sukabumi, measurement reduction in Serdang Bedagai, and the use of remote control devices in Bogor. The study’s results show that gas station compliance remains partial. Formally, some gas stations have carried out calibration and recalibration. However, substantively, there are still practices of manipulation that violate Law Number 2 of 1981 concerning Legal Metrology and Law Number 8 of 1999 concerning Consumer Protection. The Ministry of Trade conducts supervision through calibration/recalibration, field inspections, and the enforcement of sanctions, supported by internal oversight from Pertamina, a state-owned enterprise. However, the effectiveness of supervision is still hampered by limited resources, the development of technical manipulation methods, and low legal awareness among business actors. This study emphasizes the need for intensive, multi-layered supervision, the digitization of metrology, and strict law enforcement to ensure accurate fuel measurements and optimal consumer protection
Legal Review of Peace Agreements on the Division of Joint Property in Marriage (Civil Law and Islamic Law Perspectives)
No full textThis study analyzes the legality of amicable settlement (dading) in the division of joint marital property in natura after execution seizure, viewed from civil law and Islamic law. The objective is to determine its legal validity, implications, and conformity with the principle of substantive justice. Using a normative juridical method with statutory, conceptual, and case approaches, the study examines the Civil Code, HIR, KHI, and court decisions such as Supreme Court Decision No. 732 K/Ag/2021. Findings show that post-seizure settlements are valid and binding, fulfilling contract elements under Article 1320 of the Civil Code and consistent with the ṣulḥ principle in Islamic law, emphasizing tarāḍī (consent) and al-‘adl (justice). The integration of both systems demonstrates a balance between legal certainty and public welfare, reinforcing restorative justice in family law disputes
A Study of Legal Protection for Victims of Gender-Based Violence in Digital Spaces from a Human Rights Perspective
No full textThis study examines the inadequacy of legal protection for victims of gender-based violence in digital spaces, emphasizing its implications from a human rights perspective. Using a library-based legal research method, data were collected from scholarly literature, legal documents, and international human rights instruments such as the UDHR and CEDAW. The findings reveal that online gender-based violence reflects structural gender inequality embedded within both digital systems and national legal frameworks. Existing laws, including Indonesia’s cyber and sexual violence statutes, remain fragmented and lack a human rights–based foundation. The study concludes that integrating feminist legal theory and human rights principles into digital governance is essential to ensure dignity, equality, and justice for all users in the evolving digital environment
Changes in Agriculture Land Usage for Development of Housing (Studies in Tambakrejo Village Jombang District)
No full textThe rise of housing development by developers on active agricultural land means the government must ensure national food security. Although Law No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land has been enacted, the reality is that in many cities many agricultural lands close to urban areas have been converted into residential areas. This is the background for the author to examine "The Legal Certainty Aspects in Conversion of Agricultural Land for Housing (Study in Banjardowo Village, Jombang District, Jombang Regency)”. This research uses a statue approach combined with a case approach so that it is normative juridical. The process of analyzing this data was carried out descriptively analytically, namely examining the conversion of agricultural land into housing based on Law No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land (UU PLP2B) and also associated with the regional spatial plan of Jombang district. The legal consequences of changing the use of agricultural land for housing development if it violates the provisions of the UU PLP2B in the sense that the changed agricultural land is classified as LP2B, then even if it already has a licensing document, it is null and void. For this reason, it must be handled seriously by applying the sanctions contained in Article 70 of the UU PLP2B.The Jombang District Government's efforts to overcome the many changes in the use of agricultural land for housing development have preventively conducted socialization related to the UU PLP2B, accompanied by stipulating Jombang District Regional Regulation Number 10 of 2021 concerning the Regional Spatial Plan of Jombang District for 2021-2041. Also through the relevant agencies, namely the Investment and One-Stop Integrated Services Agency (DPMPTSP), the Agriculture Office, the National Land Agency (BPN), the Public Works and Spatial Planning Office (PUPR), and the Regional Development Planning Agency of Jombang Regency, focus, select and organize in carrying out their coordination related to licensing services. Repressively, it is to increase supervision of developers related to license ownership and deal with problems of violations of the PLP2B Law thoroughly in order to foster a deterrent effect for developers or other community members
Aspects of Legal Certainty in the Unilateral Cancellation of Notarial Deeds without the Presence of the Interested Party
No full textThe aim of this study is to discuss the Aspect of Legal Certainty in the Unilateral Cancellation of Notarial Deeds Without the Presence of Interested Parties, in which one form of legal certainty is Legislation. Furthermore, in order to guarantee legal certainty if there is a contract between legal subjects which requires further legal action, it is usually conducted by making an official deed made before a notary. The position and legal force of a notarial deed are important since notaries are given special authority by special laws so that the notary's responsibility for the cancellation of a deed needs to be further analyzed because it is an inseparable aspect of legal certainty in the civil law system in Indonesia. This study used normative research by using the approach method, theory/concept, and analysis method included in the discipline of dogmatic law by analyzing the decision of case Number: 1127/Pdt.G/2020/PN. Dps Data were collected through literature study and it was analyzed descriptively qualitatively with primary legal materials and secondary legal materials. This study concludes that a notarial deed will be an authentic deed if the deed is made in accordance with existing regulations and it meets the provisions stipulated in the Notary Law and the notary's responsibility in cancelling a notarial deed conducted unilaterally without the presence of a notary