Notaire

Front Matter Volume 7 No. 2, June 2024

Notaire — 2024-06-28

Volume 7 No. 2, June 2024

Digitalizing Notarial Practices: Law Number 2 of 2014 Study

Aman Al Muhtar Al Muhtar — 2024-06-28

Cyber notary is proposed as a concept that can help notaries in their work more efficiently. However, problems will arise if the concept of cyber notary is linked to the UUJN which is the basis for notaries. This is what underlies this research. This research aims to evaluate the relevance of UUJN in the digital era and the Cyber notary concept. In its implementation, it will be carried out using a juridical analysis method with an approach to applicable legal regulations as a tool to conclude. It was found in the research that cyber notary cannot yet be implemented in the legal system in Indonesia because the laws governing the reading of deed contents online via video conference and digital signing are still unclear. For this reason, as a solution considering the urgency, evaluation and revision are needed to enable clear implementation of cyber notaries in Indonesia. For this reason, evaluation is needed so that notaries can serve the public more efficiently, considering the urgency of implementing cyber notary in the digital era.

Kekuatan Pembuktian Akta Pengakuan Utang oleh Direksi dalam Proses Penundaan Kewajiban Pembayaran Utang

Andien Larasati — 2024-06-28

In this research, the author discusses the legal force of proof of a debt acknowledgement deed made by the Directors of a Limited Liability Company which violates the Articles of Association by analyzing a decision of Postponement of Debt Payment Obligations. The Directors, as a Debtors in this case, together with the notary, manipulated the debt acknowledgement deed as form a documentary evidence, the proof of which contained formal and material defects whose veracity could not be justified, so that it would be detrimental to both themselves and the opposing party. The author's aim in writing this research is so that later readers can understand the legal strength of evidence of authentic deeds manipulated in this process. The existence and urgency a debt acknowledgement deed for the Debtor as evidence in court will also be explained by the author. Based on the title of this research, the author will use the statutory regulatory approach and case approach in solving this legal problem.

Division of Inheritance Assets in a Serial Polygynous Marriage Based on Islamic Law

Athifatul Wafirah — 2024-06-28

Marriage law in Indonesia adheres to the principle of non-absolute monogamy. The Marriage Law states that a husband may have more than one wife if the parties concerned wish, or this is known as polygamy. Polygamy is divided into two, namely polygyny and polyandry, but only polygyny is recognized in Indonesia. Polygyny has been regulated in such a way by the Government, however, the practice of serial polygyny (underhand) is still widespread, which has an impact on the distribution of assets. This research aims to find out about the validity of siri polygynous wives as heirs and the judge's decision ratio regarding the distribution of assets to siri polygynous wives. The research model used is normative juridical with a statutory approach, conceptual approach and case approach. So the result is that the wife of a polygynous marriage in a serial manner gets a division of assets (both joint assets and inherited assets) if the marriage is solemnized and in court can prove that the marriage actually occurred and was in accordance with the requirements and pillars of Islamic law.

Online Advertising and Digital Marketing Law: How Influencers Can Impact the E-Commerce Market and its Legal Implications in Indonesia

Firly Permata — 2024-06-28

In 2022, Indonesian influencers have been accused of false advertising in promoting binary option applications through social media platforms such as Instagram and TikTok. Influencers use various promotional methods to promote brands, one of which is uploading content through social media platforms to be marketed to their followers. However, online advertising and consumer protection are subject to various legal issues that influencers must navigate to ensure compliance with relevant laws and regulations. Influencers must ensure that their advertisements are honest and undisputed. Influencers must ensure that the uploaded content is truthful and not misleading, and must be able to support any claims made in their content. Failure to do so may result in legal action from consumer protection commissions or government agencies including law enforcement officials. In this paper, a legal understanding of the process of using influencers can introduce legal requirements for influencers to comply with related regulations, official guidelines, and influencer agreements. Such explicit and/ or implicit provisions to be fulfilled in the influencer agreement for example representations and warranties for the authenticity of the content created by influencers. In this paper, this study will use a systematic method to solve research problems through qualitative method and data collection using a statutory approach, a conceptual approach, interpretation of the data collected, and drawing conclusions about the research data. The data in this paper analyzes legal issues regarding influencer responsibilities in digital marketing and consumer protection laws, oversight from regulatory bodies and law enforcement officials in supervising social media endorsements, and mandatory clauses in influencer agreements. The study highlights that while influencer marketing drives substantial economic activity, it also poses various legal challenges that must be addressed to protect consumer rights and maintain market integrity. Key legal issues shall include the need for clear disclosure of sponsored content and protection against misleading advertisements.

Gugatan Perbuatan Melanggar Hukum Akibat Pencemaran Nama Baik melalui Media Elektronik terhadap Perseroan Terbatas

Ghansham Anand — 2024-06-28

This article aims to analyze the systematic legal framework in terms of law enforcement against alleged defamation through electronic media. law enforcement in the event of alleged defamation through electronic media against a Limited Liability Company, considering that in the event of defamation against a Limited Liability Company, there are generally 2 (two) legal remedies that can be used. Limited Liability Company, there are generally 2 (two) legal remedies that can be used: 1) Criminal legal remedies, through a complaint as stipulated in Article 27 paragraph (3) of the ITE Law; and/or 2) Lawsuit for the unlawful act (onrechtmatige daad) due to defamation as stipulated in Article 27 paragraph (3) of the ITE Law; and/or 2) defamation regulated in Article 1372 Burgerlijk Wetboek (BW). This research is legal research with a statutory approach (statute approach), conceptual approach, and case approach. approach, and case approach. approach). The findings of this article are in the use of legal remedies and legal remedies against alleged defamation through electronic media against a Limited Liability Company, it must use legal remedies. against a Limited Liability Company, then it must use criminal legal remedies first because civil judges cannot use criminal legal remedies. criminal remedies first, because civil judges cannot seek material truth and are only bound to formal truth, so that civil judges cannot seek material truth. bound to the formal truth, so that civil case judges cannot judge whether there is assess whether or not there is defamation of a Limited Liability Company through electronic media. electronic media. The implication of this article is to resolve legal issues, related to legal vagueness regarding the systematic law enforcement order of defamation through electronic media against Limited Liability Companies. Limited Liability Company. This article is qualified, as an original article, because in Similar articles have not been discussed: 1) Qualification of PT as a legal subject that can be defamed through electronic media; and 2) electronic media; and 2) The systematic order of law enforcement against against defamation through electronic media against Limited Liability Companies. Limited Liability Company.

Drafting Extension of Time for Completion to Avoid Time at Large in Construction Contract

Irsan — 2024-06-28

In a construction contract, there are potential delays in the project, and both parties try to avoid this situation. For the reason, the customary in construction contracts to state a completion date by which the works must be completed. This is usually based on an estimate of how long the project will take or may be determined by the date when the employer wants the project to be completed. To answer the above problems, the method used is normative legal research. The objective of this research was to understand clearly and holistically the complexities of construction contracts. Some contractors request an extension of time to finish the duty because delay, which fails to complete on time, is generally referred to as a critical situation. The worst situation happens if it is not stipulated in a construction contract, and it can eliminate the contractor's obligation to complete the work promised or create a condition called "time at large.” Of course, this is very undesirable for the owner. Especially if the contractor who carries out work is a foreign company, it certainly adds to the complexity of this condition. Therefore, to avoid this, it is essential to ultimately make an extension of time clause in an international construction contract.

Akibat Hukum Berlakunya Penghapusan Legalisasi Atas Dokumen Publik Asing Terhadap Kewenangan Legalisasi Notaris

Randyarsa Nurindra Irawan — 2024-06-28

Apostille legalization is the process of certifying an official's signature, stamp attestation, and/or official seal in a document that has been sought based on verification. Indonesia becomes a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents by enacting Presidential Regulation Number 2 of 2021 concerning the Ratification of the Convention on the Elimination of Legalization Requirements for Foreign Public Documents. Following this, the Minister of Law and Human Rights Number 6 of 2022 was introduced as an implementing rule. According to the rule, the Minister executes the Apostille through the Republic of Indonesia's Director General of Law and Human Rights. This study examines the legal ramifications of Presidential Regulation regarding the Elimination of Legalization Requirements for Foreign Public Documents against Notary regulation, specifically with regard to Article 15 Paragraph 2 Point A. Since notaries have the right to legalize under the Notary Position Regulation, the existence of a policy that eliminates legalization requirements sidelines and deprioritizes the role of notaries in the process of attestation of foreign public documents. This article's goal is to assess legal changes related to policy renewals that aim to do away with Indonesia's need to authorize foreign public documents in light of Presidential Regulation. Conceptual and statute-based normative juridical research methodologies are used in this work. Due to this issue, notaries are not permitted to legalize foreign documents and are therefore not involved in the apostille process. Notaries should be competent parties to legalize foreign public documents, because parties will deal directly with notaries. Notaries can also play a role in legalizing foreign public documents, provided that the notary is still given permission in the form of appointment of special positions related to legalizing foreign public documents

Kepastian Hukum Permohonan Penetapan Hak Perwalian Anak oleh Orang Tua Kandung

Vinanda Prameswati — 2024-06-28

District Court Judges and Religious Court Judges in resolving child guardianship cases often issue different decisions regarding the same legal event, some reject the guardianship application, others accept the guardianship application, this shows that legal certainty has not been achieved in resolving guardianship application cases. The type of research used in this research is normative juridical with a statutory approach, a conceptual approach and a case approach. The results of this research show that child guardianship can occur when there is a legal event such as both of the child's parents die, parental authority is revoked, or the child's whereabouts are unknown, and/or both parents are unable to carry out their obligations and responsibilities towards the child. this is as regulated in Article 50 paragraph (1) of the Marriage Law, Article 3 paragraph (1) PP No. 29 of 2019, as well as Article 33 paragraph (1) of the Child Protection Law. Furthermore, there are inconsistencies in the determination of guardianship determined by District Court judges and Religious Court Judges in the event of legal events of buying and selling, divorce, and the death of one of a child's biological parents, because each judge relies on different rules such as BW, Marriage Law, Child Protection Law and regulations in the form of KHI.

Back Matter Volume 7 No. 2, Juni 2024

Notaire — 2024-06-28

Back Matter Volume 7 No. 2, Juni 2024