Journal of Law Science

Legal review of land bank management of abandoned land in Indonesia under social function principles

Alya Meswati — 2026-04-30

Land is a resource that plays a crucial role in society, as it is closely related to economic, social, and national development aspects. However, in practice, many parcels of land that have been granted rights to individuals or legal entities are not utilized optimally, resulting in abandoned land. This study aims to analyze the nature of asset ownership by the Land Bank Agency within the Indonesian land law system, as well as the authority of the institution in managing state land. The research method used is normative legal research with statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources collected through literature study and analyzed qualitatively. The results show that asset ownership by the Land Bank Agency cannot be interpreted as private ownership, as the land managed remains under state control. The Land Bank Agency functions as a managing institution with the authority to plan, control, manage, utilize, and distribute both state land and abandoned land. The existence of this institution is expected to optimize land utilization and realize agrarian justice based on the social function principle of land rights.

The legality of political strikes in collective labor law: A perspective of Taiwanese labor law

Sheng-Hung Luo — 2026-04-30

This article analyzes the legality of political strikes in the framework of collective labor law, focusing on the Taiwanese legal system. The right to strike assists workers in addressing structural economic disadvantages; however, the legal status of political strikes in Taiwan remains contentious. Prior studies have not methodically examined the interplay between political demands and the existing framework of strike legality. This study utilizes a doctrinal legal methodology to analyze the Act for Settlement of Labor-Management Disputes and related legal materials, including judicial interpretations, academic literature, and comparative analyses from Germany, Japan, the United States, and international labor law, with a specific focus on the jurisprudence of the International Labour Organization (ILO). The research indicates that Taiwanese law predominantly permits strikes intended to enhance working conditions. Consequently, purely political strikes are generally considered illegitimate because their demands target the state instead of the employer, and their goals extend beyond the immediate improvement of labor conditions. Nonetheless, the research demonstrates that socio-economic political strikes related to workers' economic interests exist in a hybrid state that a categorical prohibition cannot adequately address. The article clarifies the distinction between strike targets and strike purposes, thereby enriching the theoretical discussion on the classification of political strikes. It asserts that demonstrative political strikes linked to socio-economic labor interests should be evaluated according to the principles of proportionality and last resort. This method helps us check if political strikes are legal in a more organized way while keeping the collective bargaining system stable.

The normative gap in the confidentiality of deeds by instrumentary witnesses and its legal consequences for notary liability under Indonesian law

Livia Angie Tania — 2026-04-30

This study aims to analyze the normative gap regarding the obligation of confidentiality of instrumentary witnesses in the drafting of authentic deeds and its implications for notarial liability within the framework of positive law in Indonesia. The novelty of this study lies in its focus on the unregulated legal position of instrumentary witnesses in relation to deed confidentiality, an issue that has received limited attention in previous notarial legal studies which generally emphasize notary obligations only. The study also offers an explicit scientific contribution by constructing the legal relationship between witness confidentiality obligations and notary liability through the integration of civil, criminal, and personal data protection perspectives. The method employed is normative legal research using statutory and conceptual approaches through analysis of Article 16 paragraph (1) letter e, Article 38, and Article 40 of Law Number 30 of 2004 concerning Notary Office as amended by Law Number 2 of 2014, Article 1868 of the Indonesian Civil Code, Articles 1365 and 1367 of the Indonesian Civil Code, Article 322 of the Criminal Code, and Law Number 27 of 2022 concerning Personal Data Protection. The results identify three principal findings. First, there is a normative gap because instrumentary witnesses have direct access to deed contents but are not expressly bound by statutory confidentiality obligations, creating legal uncertainty in notarial practice. Second, despite the absence of explicit regulation, instrumentary witnesses may still incur civil liability under Article 1365 of the Civil Code and potential criminal liability under Article 322 of the Criminal Code when disclosure causes legal harm. Third, notaries may remain responsible under the principle of prudence and supervisory liability under Article 1367 of the Civil Code, resulting in disproportionate allocation of legal responsibility. Theoretically, this study strengthens the doctrine of confidentiality in authentic deed formation by extending responsibility beyond the notary alone. Practically, it supports the need for reformulation of notarial norms to establish explicit confidentiality obligations for instrumentary witnesses and ensure proportional legal protection for all parties.