JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

NOTARY'S RESPONSIBILITIES IN PREPARING AUTHENTIC DEEDS AND ITS IMPACT ON LEGAL CERTAINTY AND PROFESSIONAL ETHICS IN INDONESIA

2024-12-25T01:34:05+00:00

The deed made by a notary is referred to as an authentic deed, which is stronger as compared to the deed under hand. This authentic deed serves as a legal proof tool before the court and is an important basis in various legal transactions. The purpose of this study is to analyze the responsibility of notaries in the preparation of authentic deeds, explore their impact on legal certaintyThis research uses a qualitative approach with a descriptive method, which aims to explore and describe the role of notaries in the preparation of authentic deeds, as well as its impact on legal certainty and professional ethics in Indonesia. The results of this study show that the responsibility of notaries in the preparation of authentic deeds has a significant impact on legal certainty in Indonesia. Deeds prepared by a notary must meet strict legal standards, and any errors in the drafting process can harm the parties involved, both materially and legally. Although notaries are aware of the importance of their role, there are still major challenges related to external pressures, high workloads, and a lack of adequate supervision in the profession. Data shows that 40% of notaries feel pressured to meet client requests that are contrary to regulations, while 30% reveal time constraints as a major factor in reducing the thoroughness of drafting authentic deeds. The data also shows that although the professional code of ethics already exists, its implementation in the field is still less than optimal, with 35% of notaries feeling that they do not receive support from professional associations in the form of continuous training. In addition, the use of digital technology in the preparation of deeds also presents new challenges for notaries, where 45% of notaries admitted that they feel unprepared to face it.

ANALYSIS OF THE INITIAL STAGE DEVELOPMENT PROCESS OF WOMEN PRISONERS IN CLASS IIB COMMUNITY INSTITUTIONS KUPANG

2024-12-16T05:17:53+00:00

This research is entitled Initial Stage Development Process for Female Prisoners at the Class IIB Kupang Penitentiary. The aim of this writing is to understand the guidance process undertaken by female prisoners, as well as analyzing various factors that influence the effectiveness of this guidance. This research uses interview, documentation and observation methods to collect primary and secondary data related to the coaching process. The research results show that there are 73 prisoners in the Kupang Class IIB Women's Prison, with 26 of them being in the initial stages of development. The coaching process begins with reception, registration and placement of prisoners, as well as introduction to the environment. Obstacles faced include a lack of facilities and infrastructure as well as excess capacity. It is hoped that this writing will provide insight into the development of more effective coaching programs, as well as increase public awareness regarding the importance of reintegrating prisoners into society.

COMBATING FINANCIAL CRIME IN INDONESIA THROUGH A COMPREHENSIVE STRATEGY

2025-01-23T07:29:52+00:00

Financial crime poses a serious threat to the economic stability and integrity of the financial system in Indonesia, negatively impacting public trust and financial institutions. Addressing this issue requires a comprehensive approach that involves various legal, policy, and inter-agency collaboration aspects. This article discusses the strategic steps that need to be taken, including strengthening the existing legal framework, enhancing human resource capacity, and fostering collaboration among law enforcement agencies such as the Police, Prosecutor's Office, and the Financial Transaction Reports and Analysis Center (PPATK). Additionally, emphasizing public education about financial crimes and the implementation of modern technologies such as big data and artificial intelligence is crucial for detecting and preventing these criminal activities. By identifying existing barriers, such as a lack of understanding, coordination issues, and budget constraints, this article offers recommendations to improve the effectiveness of financial crime prevention efforts. With an integrated and sustainable strategy, it is hoped that Indonesia can create a safer environment for financial management and enhance economic stability.

Keywords: Combating Crime, Financial Crime, Comprehensive Strategy.

LEGAL ANALYSIS OF THE APPLICATION OF INDIRECT EVIDENCE IN AIRLINE PRICE-FXING AND CARTEL (CASE STUDY OF THE SUPREME COURT DECISION NUMBER 1811 K/PDT.SUS-KPPU/2022)

2025-01-29T02:26:44+00:00

Indirect evidence is used by the Competition Supervisory Commission to determine the existence of violations of competition law by business actors. Indirect evidence consists of communication evidence and economic evidence. The application of indirect evidence in competition cases presents a unique challenge due to the difficulty in interpreting it. This research aims to understand and examine the validity of indirect evidence used in cases related to airline price-fixing and cartels, in the case of the Supreme Court Decision Number 1811 K/Pdt.Sus-KPPU/2022. The research uses a normative juridical approach method with analytical descriptive research specifications. The research results show that the considerations in the Supreme Court's Decision regarding the existence of an implied contract among the Reported Parties, which is proven through indirect evidence, are in accordance with Law Number 5 of 1999. The validity of indirect evidence to prove violations of the competition law is equivalent to the evidence categorized as bukti petunjuk which is regulated in Article 42 of Law Number 5 of 1999.

THE POWER OF VISUM ET REPERTUM EVIDENCE IN CONVICTING CHILD ABUSE OFFENDERS (CASE STUDY NUMBER 123/PID.SUS/2020/PNOLM)

2025-02-27T08:45:33+00:00

“Visum et repertum is an important piece of evidence in the criminal justice system, especially in cases of child sexual abuse. This study examines the strength of visum et repertum as evidence in the criminal trial of child abuse offenders, referring to case study number 123/PID.SUS/2020/PNOLM. The method employed in this research is a normative legal approach, aiming to identify and analyze the role of visum et repertum as evidence in prosecuting child abuse offenders. This research utilizes primary legal materials, such as laws and court decisions, as well as secondary legal materials, including literature, doctrines, and expert opinions regarding the application of visum et repertum in sexual violence cases. The findings indicate that visum et repertum plays an essential role in supporting the charges against the child abuse offender, although in some cases, it cannot stand alone as conclusive evidence. Visum et repertum often serves to reinforce witness testimony or other evidence in the judicial process. The study also finds that while visum et repertum can make a significant contribution to the proof, it must be integrated with other evidence to ensure a lawful and fair conviction. Therefore, the role of visum et repertum as evidence should be carefully considered in every criminal trial”.

ENFORCEMENT OF CRIMINAL LAW FOR BUSINESS ENFORCEMENTS WHO DOES NOT HAVE A FOOD DISTRIBUTION PERMIT TANJUNG KARANG District Court Decision Case Number 980/Pid.Sus/2020/PN Tjk

2025-01-31T03:50:29+00:00

Making a product certainly requires a permit in the process, therefore, to find out the process that needs to be gone through by these business actors, it is necessary to know the systematic flow and the impact if they violate the rules that have been set. Criminal law enforcement by the Food and Drug Supervisory Agency (BPOM) on business actors who market their products will be discussed in more detail. Where many cases occur in Indonesia, business actors do not have distribution permits for food and drugs or are called illegal goods. Government activities in the sector of drug and food distribution supervision in the territory of Indonesia are carried out by BPOM, a non-ministerial central government institution, referring to Presidential Regulation Article 2 Number 80 of 2017. The Center was formed based on the Decree of the Head of BPOM Number 14 of 2014 concerning the Organization of Work Procedures in the BPOM UPT Environment. Every province in Indonesia has a BPOM that helps supervise drugs and food in the region. The purpose of the data collection technique is to find general issues and reliable news. Primary data comes directly from the source, while secondary data is collected through websites, annual reports, and performance reports. This study focuses on the community, BPOM Kepri, and other business actors. The findings of this study are the results of BPOM Kepri's drug and food supervision.

INFORMED CONSENT IN HEALTH SERVICES AT THE HOSPITAL (ANALYSIS OF THE SUPREME COURT CASSATION DECISION NUMBER 3004 K/PDT/2014)

2025-02-03T03:02:25+00:00

“Informed consent in healthcare services at hospitals is a crucial aspect that must be understood and implemented by medical professionals. The Supreme Court Decision Number 3004 K/Pdt/2014 highlights the importance of informed consent prior to medical actions being taken. This analysis employs a normative legal research method to evaluate the application of informed consent based on existing regulations. Informed consent requires doctors to provide clear information regarding the diagnosis, purpose of the action, risks, and available alternatives. This aims to enable patients to make conscious and informed decisions. In the ruling, the judge emphasized that merely obtaining a patient's signature on a document is insufficient; adequate explanations must be provided so that patients fully understand the consequences of medical actions. This decision also underscores the legal responsibilities of medical professionals and hospitals in cases of negligence in providing information. In emergency situations, doctors may act based on presumed consent but must still provide information once the emergency is resolved. Thus, the application of the informed consent principle not only protects patient rights but also provides legal protection for doctors, fostering transparency in the relationship between patients and healthcare providers”.

SETTLEMENT OF DEFAULT DISPUTE ON AIRCRAFT LEASE AGREEMENT BETWEEN HELICE LEASING S. A. S AND ATTERISSAGE S. A. S WITH PT. GARUDA INDONESA TBK IN INTERNATIONAL ARBITRATION

2025-02-17T08:09:41+00:00

International trade disputes have been successfully settled by the London Court of International Arbitration (LCIA), a component of the international arbitration system. The decision of a breach of contract dispute involving an aircraft leasing agreement between Helice Leasing S.A.S (Helice) and Atterissage S.A.S (Atterissage) with PT. Garuda Indonesia Tbk (GI), decided by the LCIA, reflects this. After concluding that GI had violated the agreement, the LCIA ordered it to pay Helice and Atterissage the past-due rent as well as the remaining rent. Analysing the international arbitration procedure for resolving disputes and the award's enforcement is the goal of this research. Using a normative legal methodology, the study analyses case studies and legislation. The results show that arbitration uses a multi-step procedure to resolve disputes, including hearings, mediation or conciliation, the selection of an arbitration panel, the presentation of the parties' arguments and supporting documentation, and the arbitrator's ruling. The LCIA effectively resolved the disagreement, demonstrating the efficacy and efficiency of this approach. The enforcement of the award is permitted in Indonesia under Article 65 and Article 66 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (AAPS Law), provided that the Central Jakarta District Court has recognised the arbitration award and it does not contravene public order.

DIGITALIZATION OF NOTARY PUBLIC: OPPORTUNITIES AND CHALLENGES IN THE TECHNOLOGICAL ERA

2025-01-29T08:14:18+00:00

Digitalization has become a global trend that has brought significant changes in various sectors, including the notary field. This study aims to analyze the opportunities and challenges of digitalization in notary practice in Indonesia, focusing on its impact on work efficiency, data security, document validity, and regulatory readiness. The research approach uses a mixed-method with a sequential explanatory design. Quantitative data was obtained through a survey of 150 respondents consisting of notaries, PPATs, and notary service users, while qualitative data was collected through in-depth interviews with practitioners, academics, and regulators. The results of the study show that digitalization presents great opportunities, such as increased efficiency through electronic signatures, blockchain-based document security, and the expansion of service access to remote areas. However, the challenges faced are no less significant. The disharmony between the Information and Electronic Transactions Law (ITE Law) and the Notary Position Law (UUJN) creates legal uncertainty regarding the validity of digital documents. In addition, the risk of data leakage and lack of technological literacy among notaries are the main obstacles in the implementation of digitalization. This study concludes that digital transformation in the notary sector requires harmonization of regulations, increasing the capacity of human resources, and strengthening technological infrastructure. Strategic recommendations include revision of legal policies, technology training for notaries, and investments in data security. With these steps, digitalization is expected to support notary practices that are more efficient, safe, and relevant to the needs of society in the technological era. This research provides important insights for regulators, notaries, and other stakeholders in welcoming the digital notary era.

DIGITALIZATION OF FIDUCIARY AND NOTARIAL AFFAIRS: MODERN LEGAL SOLUTIONS IN THE CYBER ERA

2025-01-29T08:21:51+00:00

Digitalization of fiduciary and notary is a strategic step in modernizing the legal system to answer the need for efficiency and transparency in the digital era. This research is motivated by the slow process of fiduciary registration and manual document attestation which is often considered inefficient and not in accordance with the demands of modern technology. This research aims to identify impacts, challenges, and solutions in the implementation of digital systems, including electronic signatures and blockchain, to support fiduciary and notary transformation. With qualitative methods, this research involves literature studies, interviews with 25 legal practitioners, and analysis of the application of digital technology in developed countries such as Estonia and Singapore. The results show that digitalization can cut the time for fiduciary registration from five working days to less than 24 hours, as well as increase transparency through real-time tracking. However, challenges in the form of technological resistance, infrastructure limitations, and data security issues remain obstacles. Blockchain is considered a potential solution for maintaining document integrity, but it requires large investments and strong regulation. In conclusion, the digitization of fiduciary and notary has great potential to improve efficiency, transparency, and security. The success of this transformation depends on the equitable distribution of infrastructure, education, and harmonization of regulations to ensure the legal validity of digital documents in the cyber era.

LEGAL PROTECTION FOR CONSUMERS REGARDING REGIONAL DRINKING WATER COMPANY (PDAM) SERVICES IN SAMARINDA CITY

2025-02-27T05:42:50+00:00

This research intends to analyze legal protection for consumers regarding the services of the Regional Drinking Water Company (PDAM) in Samarinda, which are often complained about, both in terms of quality and service continuity. In this context, the research evaluates consumer rights as required by Law No. 8 of 1999 on Consumer Protection. Based on a juridical-empirical method, the approach used combines legal analysis with actual conditions in the real world. The findings show that although PDAM has made efforts to improve services through the establishment of water management installations and the expansion of the pipeline, there remains a lack of conformity among the services provided and the needs and expectations of consumers as per the applicable legal provisions. Complaints such as distribution disruptions, water quality not meeting standards, and slow complaint handling are the main issues.

LEGAL PROTECTION FOR CONSUMERS AGAINST SUBSIDIZED LPG GAS SALES THAT EXCEED THE HIGHEST RETAIL PRICE (HET) IN SAMARINDA CITY

2025-02-05T15:39:47+00:00

This study aims to analyze legal protection for consumers against the practice of selling subsidized LPG that exceeds the Highest Retail Price (HET) in Samarinda City. The study uses an empirical legal method with data obtained through interviews, observations, and questionnaires to the community, business actors, and related agencies. By using qualitative analysis, the data that has been obtained will then draw conclusions from this problem. The results of the study indicate that there are violations of HET that have an impact on consumers, especially from low-income groups. Although it has been regulated through the Decree of the Governor of East Kalimantan Number 500/K.572/2022 and Law Number 8 of 1999 concerning Consumer Protection (UUPK), its implementation has not been effective. The obstacles faced include weak supervision, lack of human resources for supervisors, lack of public awareness of consumer rights, and legal loopholes in LPG distribution regulations. This study suggests the need to strengthen supervision, educate the public, and revise regulations to ensure that consumer protection can be realized optimally.

RECONSTRUCTION OF LAW ENFORCEMENT AGAINST VIOLATIONS OF PALM OIL PLANTATION PARTNERSHIPS IN BUSINESS COMPETITION LAW IN INDONESIA

2025-02-23T11:54:00+00:00

The Palm oil plantation partnership collaboration often experiences problems for both parties involved in the collaboration, and on a large scale can threaten the sustainability of the partnership collaboration. This research aims to find out, explain and explain the model and concept of law enforcement against violations of oil palm plantation partnerships. This type of research is normative juridical legal research, namely an approach that refers to applicable laws and regulations. Meanwhile, in terms of its nature, this research is descriptive, meaning that it provides a clear picture of law enforcement regarding violations of palm oil plantation partnerships between companies and communities. This research provides an offer for Partnership Violation Law Enforcement to undergo transformation in order to realize certainty of fair law enforcement.