DOAJ Open Access 2025

Ratio Legis Phrase "Mandatory" in Government Regulation on Land Deed Making Officer As Protocol Recipient

Rizki Diaswari Laila Arianti Abdul Rachmad Budiono Mohammad Hamidi Masykur

Abstrak

The phrase “obligatory” in the government regulation regarding the Land Deed Official as the recipient of the protocol has significant legal implications in determining the nature of his/her obligations. The ratio legis of this phrase is important to assess whether the obligation is absolute or conditional, which affects legal certainty and uniformity of its application. This study uses a normative legal method, namely analyzing legal norms through the interpretation of relevant laws, regulations, and legal doctrines. This study relies on primary legal materials, including laws and government regulations; secondary legal materials, such as legal commentaries and scientific articles; and tertiary legal materials, including legal dictionaries and encyclopedias. Data collection was carried out through a literature study, which ensured a comprehensive examination of legal texts and academic discussions. This study aims to evaluate the extent to which the term “obligatory” imposes binding duties on the Land Deed Official in receiving and managing the protocol. The research findings indicate that the phrase “obligatory” reflects an imperative legal obligation based on the theory of legal positivism, which prioritizes compliance with written legal norms. However, from the perspective of the theory of legal certainty (Rechtszekerheid), the regulation is less clear in defining the procedural mechanism, resulting in inconsistent application among Land Deed Officials. This ambiguity poses challenges in enforcing uniform practices, potentially undermining the effectiveness of the regulation.

Penulis (3)

R

Rizki Diaswari Laila Arianti

A

Abdul Rachmad Budiono

M

Mohammad Hamidi Masykur

Format Sitasi

Arianti, R.D.L., Budiono, A.R., Masykur, M.H. (2025). Ratio Legis Phrase "Mandatory" in Government Regulation on Land Deed Making Officer As Protocol Recipient. https://doi.org/10.47006/ijierm.v7i2.471

Akses Cepat

PDF tidak tersedia langsung

Cek di sumber asli →
Lihat di Sumber doi.org/10.47006/ijierm.v7i2.471
Informasi Jurnal
Tahun Terbit
2025
Sumber Database
DOAJ
DOI
10.47006/ijierm.v7i2.471
Akses
Open Access ✓