LEGAL RESPONSIBILITY OF NOTARY DEEDS FOR ELECTRONIC ARCHIVES

Deeds made by notaries as public officials are authentic deeds in accordance with the formulation of Article 1 point (7) of the Law on Notary Office, that notary deeds are authentic deeds made by or before a notary according to the form and procedure stipulated by law. The approach method in this research is juridical normative. Based on the results of data analysis, it can be concluded that the use of electronic archives at least notary deeds has not yet obtained a strong legal basis, so it does not guarantee legal certainty. Legal certainty can be achieved, if there are no provisions that conflict between one law and another. The legal substance in the use of electronic records, at least notary deeds, has not been fully accommodated in the notary office law with the obligation to read the deed in front of witnesses and not meeting these requirements will result in legal sanctions for notaries. the law on information and electronic transactions which is the legal basis for notaries also does not provide an opportunity for electronic deeds by providing limits on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence.

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Authority and Power of the Law Relating to Cyber Deed Notary in Indonesia Era Industrial Revolution 4.0

International Journal of Engineering and Advanced Technology - Regular Issue ◽

10.35940/ijeat.a9438.109119 ◽

2019 ◽

Vol 9 (1) ◽

pp. 947-952

Keyword(s):

Industrial Revolution ◽

Concept Analysis ◽

Legal Certainty ◽

Conceptual Approach ◽

Legal Concept ◽

Electronic Transactions ◽

Legal Position ◽

The Law

This study aims to determine the authority of the notary in a deed on electronic transactions carried out by the parties domiciled outside the office of a notary and to know the power of a notary deed that created by Cyber Notary in Indonesia. The method used in this research is the approach of legislation (The Statute Approach) and the path of the legal concept analysis (Analytical and Conceptual Approach). The results showed that the authority of the electronic notary deed is not bound by a notary office area so that the legal position same with notary office by deed made by the notary on electronic transactions conducted in the region of the notary office. The strength of the notarial deed made by a cyber notary has not yet ensured legal certainty that the power of a notarial deed made together with the strength of the deed under the hand.

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PENERAPAN ASAS KONSENSUALISME DALAM PERJANJIAN JUAL BELI ONLINE

Kertha Semaya : Journal Ilmu Hukum ◽

10.24843/ks.2020.v08.i08.p02 ◽

2020 ◽

Vol 8 (8) ◽

pp. 1138

Author(s):

Ni Putu Ayu Bunga Sasmita ◽

I Wayan Novy Purwanto

Keyword(s):

Research Methods ◽

Legal Aspects ◽

Civil Code ◽

Legal Basis ◽

Legal Research ◽

Electronic Transactions ◽

Online Trading ◽

The Law ◽

The Republic

Penelitian ini bertujuan untukemahami bagaimanakah pengaturan jual beli online dalam hukum di Indonesia dan bagaimanakah aspek hukum jual beli secara online dalam perjanjian. Penelitian ini, menggunakan metode penelitian hukum normatif. Sedangkan pendekatan yang digunakan adalah menggunakan pendekatan fakta dan statute approach. Hasil penelitian ini menunjukan bahwa pengaturan mengenai jual beli secara online diatur dalam ketentuan Pasal 18 ayat (1) Undang-Undang Republik Indonesia Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik, yang mana sebagai penerapan pasal 1313 KUHPerdata. Para pihak yang mengadakan perjanjian bisa menerapkan KUHPerdata yang jadi dasar diakui sahnya perjanjian dimana keabsahannya tercantum syarat 1320 KUHPerdata yakni: kecakapan, kesepakatan, suatu sebab yang halal dan suatu hal tertentu.Sedangkan penerapan asas Konsensualisme dalam perjanjian online yang didasarkan oleh ketentuan dalam Pasal 1313 KUHPerdata yang menegaskan bahwa adanya suatu perjanjian berarti pihak satu dengan pihak lainnya setuju untuk mengikatkan dirinya. This study aims to understand how the online arrangement in the sale and purchase agreement and how the legal aspects of buying and selling online in the agreement. This research uses normative legal research methods. While the approach used is to use the fact approach and statute approach. The results of this study indicate that the regulation regarding online trading is regulated in the provisions of Article 18 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions, which is the legal basis for applying article 1313 of the Civil Code. The parties who entered into the agreement can apply the KUHPer which is the basis for the validity of the agreement where the validity is stated in the terms of the 1320 KUHPer, namely: skill, agreement, a halal cause and a certain thing. While the application of the principle of consensualism in an online agreement based on the provisions in Article 1313 of the KUHPer which confirms that an agreement means that one party with another party agrees to bind themselves.

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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v10no2.652 ◽

2017 ◽

Vol 10 (2) ◽

Author(s):

Ahmad Muchlis

Keyword(s):

Law Enforcement ◽

Key Words ◽

Attorney General ◽

Legal Basis ◽

Legal Certainty ◽

Small Loss ◽

Circular Letter ◽

Law Enforcement Officials ◽

The Law ◽

Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

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Due to the absence of rules for the execution of Madliyah livelihood in the law of the Indonesian religion justice

Problems of Legality ◽

10.21564/2414-990x.153.223682 ◽

2021 ◽

pp. 186-198

Author(s):

Edi Marsis ◽

. Sudarsono ◽

Ruba'i Masruchin ◽

Siti Hamidah

Keyword(s):

Women's Rights ◽

Women’S Rights ◽

Legal Basis ◽

Legal Certainty ◽

The Law ◽

The Right

Provisions for the execution of the madliyah livelihood conditions in statutory regulations, especially in the provisions of Article 70 of Law Number 7 of 1989 concerning the Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009, directly result in a lack of certainty. The law on the right to maintain madliyah livelihood also has direct implications for the trust of society, especially women, in the Religion Courts which should be able to defend women's rights and serve as a bridge to resolve issues of rights that should be obtained, namely madliyah livelihood after divorce. The execution of the wife's madliyah livelihood has implications for the judge's decision, namely: first, the judge does not have a legal basis regarding how the procedure for carrying out the execution that should be carried out for the process of executing the madliyah livelihood. Second, there is no complete regulation up to the implementation of decisions in regulating the rights to support the wife and children - one of which is the madliyah livelihood. Efforts to be able to provide legal certainty for executions at the Religion Courts can be done by completing regulations and building mechanisms.

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ANALISIS KEPASTIAN HUKUM ALAT BUKTI PADA PERJANJIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

DE RECHTSSTAAT ◽

10.30997/jhd.v2i1.655 ◽

2017 ◽

Vol 2 (1) ◽

pp. 23-42

Author(s):

Endeh Suhartini

Keyword(s):

Economic Crime ◽

Published Data ◽

Legal Certainty ◽

Electronic Documents ◽

Legal Evidence ◽

Positive Law ◽

Use Of Technology ◽

Electronic Transactions ◽

Legal Writing ◽

Article 5

The study, entitled "Analysis of Legal Certainty Evidence In the Treaty Electronics Based on Law No. 11 of 2008 on Information and Electronic Transactions" seeks to answer two formulation of the problem is how the legal certainty of evidence in the agreement electronically based on Law No. 11 Year 2008 on Information and Electronic transactions and the things that are prohibited in the use of Electronic technology is based on Law Number 11 Year 2008 on Information and Electronic transactions ?. The method used is the method of normative legal writing is a writing that examines the application of positive law within the society and protected by law, in addition to writing also uses the method of writing the empirical (sociological). From the studies undertaken are: Legal Certainty of evidence by the Treaty Electronics based on Article 5 of Law No. 11 of 2008 that the Electronic Information and Electronic Documents have legal certainty could be submitted as legal evidence for the interest of the parties in the event of disputes and can be brought to court if the interests require and prohibited the use of technology Electronic Transaction Agreement as provided for in Article 27 and 37 of Law. No. 11 of 2008 on Information and Electronic Transactions is to provide limits and reducing the legal problems that would be detrimental to the party where the effect of the transaction agreement that enabled it to be published data and information can be misused by unscrupulous people who do not responsible. Some of the problems that would be detrimental to them: The presence of Criminal Fraud, extortion, defamation, and the Economic Crime which would be detrimental to the parties as well as the problems of adverse privately and publicly.

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THE ONLINE DISPUTE RESOLUTION IN PANCASILA’S FRAME

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v8i2.15906 ◽

2021 ◽

Vol 8 (2) ◽

pp. 157

Author(s):

Kasmudin Harahap

Keyword(s):

Dispute Resolution ◽

Legal Reform ◽

Legal Certainty ◽

Trade Disputes ◽

Basic Principles ◽

Mutual Cooperation ◽

Online Dispute Resolution ◽

Electronic Transactions ◽

The Law ◽

Research Show

Online Dispute Resolution is a solution in resolving problems outside the court where online dispute resolution is an appropriate solution to resolve online trade disputes, the settlement must apply Pancasila values. Method The approach used in this research is normative juridical. The results of the research show that the application of Online Dispute resolution in addition to legal reform in the field of electronic transactions is also related to efforts to create legal certainty in online dispute resolution in Indonesia. The basic principles of online dispute resolution in Pancasila values are reflected in the spirit of kinship and mutual cooperation, these principles is a reflection of Pancasila values leading to basic values which are the elaboration of the same spirit and within the limits allowed by these basic values. Agreed values in realizing the law as the goal of justice and creating justice

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Visum et Repertum as Evidence for Criminal Acts in Domestic Violence

Amsir Law Journal ◽

10.36746/alj.v1i2.22 ◽

2020 ◽

Vol 1 (2) ◽

pp. 43-53

Author(s):

Jatmiko Raharjo ◽

Syamsuddin Muchtar ◽

Audyna Mayasari Muin

Keyword(s):

Domestic Violence ◽

Law Enforcement ◽

Legal Certainty ◽

Criminal Cases ◽

Legal Research ◽

Law Enforcement Officials ◽

Valid Evidence ◽

The Law

The aim of the study is to determine the application of Visum et Repertum as evidence for criminal acts in domestic violence. This study was empirical legal research. The location of this study was conducted in Kejaksaan Negeri Klaten. The result of the research showed that as proof of domestic violence with evidence Visum et Repertum was one of the law enforcements oriented to realize for legal certainty and protection of victims in proving the occurrence of criminal acts in domestic violence. The lack of evidence bothers the process of law enforcement, regarding requirements to determine the victim provided at least two evidence and for the judges to decide on criminal cases with valid evidence at least can be avoided by using Visum et Repertum. The obstacles to prove the evidence for criminal acts in domestic violence with Visum et Repertum includes the differences of understanding among law enforcement officials about the use of Visum et Repertum for criminal acts in domestic violence.

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KEBIJAKAN PERLUASAN ALAT BUKTI HUKUM ACARA PIDANADALAM UPAYA MEWUJUDKAN KEPASTIAN HUKUM BERKEADILAN

Jurnal Dinamika Sosial Budaya ◽

10.26623/jdsb.v19i2.981 ◽

2018 ◽

Vol 19 (2) ◽

pp. 199

Author(s):

Ani Triwati ◽

A. Heru Nuswanto ◽

Endah Pujiastuti

Keyword(s):

Law Enforcement ◽

Constitutional Court ◽

Electronic Document ◽

Legal Certainty ◽

Electronic Information ◽

Electronic Documents ◽

Procedural Law ◽

Electronic Transactions ◽

Witness Statements ◽

Article 5

<em>One of the renewal of legal instruments in criminal procedural law is the expansion of evidence ie electronic information and / or electronic document and / or its printed outcome. Arrangement of evidence in criminal procedural law in Indonesia pursuant to Article 184 KUHAP, Article 5 paragraph (1) and (2) and Article 44 letter of Information and Electronic Transaction Act, covering witness statements, expert information, letters, instructions, defendants, electronic information and / or electronic documents and / or prints. The decision of the Constitutional Court Number 20 / PUU-XIV / 2016 that for electronic information and / or electronic document as evidence is done in the framework of law enforcement at the request of the police, prosecutor and / or other law enforcement institutions determined by law. Electronic information and / or electronic documents as evidence must be obtained in accordance with the provisions of Article 31 paragraph (3) of the Information and Electronic Transactions Act, this relates to the value of legal certainty and the value of justice for the litigant</em>

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DOCTRINAL APPROACHES TO DEFINING THE CONCEPT OF CONSTITUTIONAL AND LEGAL STATUS OF PROFESSIONAL JUDGES

International scientific journal Internauka ◽

10.25313/2520-2057-2021-10-7443 ◽

2021 ◽

Author(s):

Ruslan Skrynkovskyy ◽

◽

Vitaliy Hudyma ◽

Mariana Khmyz ◽

Valentyn Liubarskyi ◽

...

Keyword(s):

Legal Status ◽

Qualitative Feature ◽

Legal Responsibility ◽

Constitutional Court ◽

Structural Elements ◽

Legal Basis ◽

Basic Principles ◽

Legal Personality ◽

The Status ◽

The Law

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

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Validitas Hukum Permendag Nomor 29 Tahun 2019 Tentang Ketentuan Ekspor dan Impor Hewan terhadap Eksistensi Undang-Undang Jaminan Produk Halal Indonesia

JOURNAL OF LEGAL RESEARCH ◽

10.15408/jlr.v2i1.14578 ◽

2020 ◽

Vol 2 (1) ◽

Author(s):

Nurul Miftah Jannah ◽

Andi Syafrani

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Legal Basis ◽

Legal Certainty ◽

Animal Products ◽

Effectiveness And Efficiency ◽

Validity Theory ◽

The Law

The problems that will be examined in this study related to the validity of the law of Permendag number 29 year 2019 on export and import of animal and animal products to the existence of Halal product guarantee law. The problem is related to the legality of the Halal Product Guarantee Act in consideration and the legal basis of Permendag number 29 year 2019 and the validity of the law of Permendag number 29 year 2019 faced with the existence of the Halal Product Guarantee Act. This method of study uses a normative juridical approach by analyzing the problems associated with the legislation (of Aproach) in the field of consumer protection law. This research approaches the concept of validity theory and legal certainty that includes legal, legal justice, legal certainty, accountability, transparency, effectiveness, and efficiency and professionalism of statutory regulations. In particular the Halal and Permendang Product Guarantee Act 29 year 2019 on the terms of export and import of animals and animal products. The results in this study showed that with the existence of problems (conflicts) The philosophical impacts caused contrary to the theory of legal protection and legal morality where a norm is essentially aimed to protect consumers especially Muslim consumers in their rights. Sociologically from the study also has an impact on the decline in moral stability and certainty in the law that applies to the inclusion of halal certification in animal import products and animal products in Indonesia after the issuance of Permendag number 29 year 2019 about the provisions of export and import of animals and animal products so that it can create multiple interpretations and mistakes from various circles including the community.

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