NOTARIIL Jurnal Kenotariatan

THE POSITION OF INSTRUMENTER WITNESS IN MAKING OF NOTARY DEEDS

Agung Iriantoro — Mon, 16 Dec 2024 09:05:33 +0700

Instrumenter witnesses must be present while notaries are preparing an authentic deed. Therefore, the testimony of instrumenter witnesses can be the primary evidence against Notary deeds that violate legal norms, thus ensuring the safety of the Notary's position. The purpose of this study is to see and make an analysis of the requirements of instrumenter witnesses in the making of Notary deeds and review and analyze the testimony of instrumenter witnesses that can be used as the primary evidence against Notary deeds that violate legal norms. The type of research used in this study was normative legal research, which referred to primary legal materials, secondary legal materials, and tertiary legal materials. The approaches were the statute approach and the conceptual approach. The technique of collecting legal materials was the technique of literature studies. The results showed that the absence of procedures for notary employees was a weakness in providing certainty and information to investigators. The vague legal norms in UUJN were related to the position and requirements of instrumenter witnesses in the making of Notary deeds. The role of instrumenter witnesses did not get legal certainty in the case of a problem regarding the deed made by the Notary. There must be legal protection for instrumenter witnesses who give evidence at trial because the role of the instrumenter with witnesses is generally different. Therefore, the instrumenter witness position in the notary deed involvement is given additionally in the clause in UUJN article 40, which regulates the witness in the making of the deed.

IMPLEMENTATION OF SMART CONTRACTS IN INDONESIA: AN ANALYSIS OF FINANCIAL REGULATION, TAXATION, AND CONSUMER PROTECTION

Happy Budyana Sari, Emmy Febriani Thalib, Ni Putu Suci Meinarni — Mon, 16 Dec 2024 09:21:48 +0700

The urgency of this research lies in the growing significance of smart contracts within the blockchain technology landscape, particularly in Indonesia. Smart contracts offer the potential for automation and trustworthy business processes, with demonstrated applications in sectors such as electric power, higher education, e-commerce, and more. However, alongside their success and potential, challenges have emerged regarding financial regulations, taxation, and consumer protection. This study aims to explore the use and challenges of smart contracts in the context of Indonesian law. It seeks to identify the existing regulatory frameworks, assess the legal implications of smart contract usage, and propose solutions to ensure compliance with financial, tax, and consumer protection regulations in Indonesia. By gaining a better understanding of regulatory requirements and potential challenges, this research aspires to contribute to the development of a more efficient, automated, and secure blockchain ecosystem in Indonesia. The research method used is a literature review, encompassing the collection, selection, evaluation, analysis, and synthesis of relevant literature from various academic and practical sources. The expected outcome of this study is a deeper understanding of blockchain usage for data security within the legal context of Indonesia, along with practical guidance and recommendations for policymakers, legal practitioners, and stakeholders in developing effective regulations for data protection in the increasingly complex digital era.he abstract should be written in one paragraph and should be not more than 250 words. Arial, font size 10, single spacing. Follow the following pattern: General statement about the importance of the topic, gap in literature or discrepancies between theories and practices, purpose of study, method, main findings, and result.

LEGAL PROTECTION OF PERSONAL DATA OF INDONESIAN CITIZENS BASED ON ACT NUMBER 27 OF 2022

Ni Made Dwi Gayatri Putri, Dewa Gede Wibhi Girinatha — Mon, 16 Dec 2024 09:38:41 +0700

The purpose of this research is to analyze personal data, which is private and must be protected. Numerous cases of personal data breaches in Indonesia have had detrimental effects on society. The lack of comprehensive legislation results in inadequate legal protection against data breaches. Due to the frequent occurrence of personal data breaches, the government enacted the Personal Data Protection Law Number 27 of 2022. This research employs normative methods with a legislative and conceptual approach. The findings reveal that legal protection against personal data breaches is comprehensive under Law Number 27 of 2022. Preventive efforts to protect personal data include not sharing data by the public and avoiding illegal platforms prone to cybercrime. There is also a need for public awareness to safeguard personal data. Meanwhile, the government will conduct compliance testing and take repressive protective measures. If a personal data breach occurs, the sanctions outlined in the Personal Data Protection Law include criminal penalties under Articles 67 and 68, which stipulate fines and imprisonment, and Article 70 for corporate violations.

THE ACTUALIZATION OF THE IMPLEMENTATION OF ENVIRONMENTAL AND SUSTAINABLE PRINCIPLES ON INVESTMENT IN THE TOURISM SECTOR

Lis Julianti — Mon, 16 Dec 2024 09:45:45 +0700

The purpose of this study is to examine and analyze the application of the principles of sustainability and environmental awareness in investment activities in the tourism sector. Investment in the tourism industry brings chaos to values and norms that have an impact on the environmental order and community life in various regions in Indonesia. Often physical development is carried out in areas that endanger the sustainability of the natural environment or by the community. The results of the study indicated that the Principle of Sustainability and Environmental Insight in the legal policy of investment in the tourism sector is a planned principle to integrate economic, environmental, and socio-cultural dimensions to be able to improve the welfare of the community now and in the future. The principle of sustainability and environmental insight is one of the efforts to save natural resources and synchronize aspects of conservation with aspects of wise utilization so that development in the tourism sector does not result in long-term losses.

THE ROLE OF LAND DEED MAKING OFFICIALS IN LEGAL SETTLEMENT OF COMPLETE SYSTEM LAND REGISTRATION CERTIFICATES THAT OVERLAP IN SALE AND PURCHASE TRANSACTIONS IN TABANAN REGENCY

Nyoman Mahayu — Mon, 16 Dec 2024 10:06:12 +0700

Registration of Complete Systematic Land (PTSL) is the process of registering land for the first time This Complete Systematic Land Registration is one of the government programs due to the large number of uncertified land However, Complete Systematic Land Registration still encounters many problems in the field such as overlapping certificates Overlapping certificates can hinder the process of transferring rights such as hindering the registration of the transfer of land rights carried out by a Land Deed Official (PPAT) This research uses theory of legal certainty, the theory of legal protection and the theory of usefulness with empirical legal research. The legal consequence if the certificate of sale and purchase object overlaps is that the certificate cannot be used as valid proof of ownership of a piece of land In the case discussed here, the certificate issued in recent years must be cancelled first by submitting a request for cancellation of the certificate, then the certificate issued earlier will be processed for division according to the area of each ownership certificate (SHM) of the cancelled PTSL and processed to be in the name of each party. The role of PPAT in resolving overlapping land ownership certificates is by calling the parties whose certificates overlap, asking for the chronological origin of the rights application so that a duplicate certificate can be issued, and conveying it to the local Land Office to provide a solution to the problem of overlapping certificates.

DUE DILIGENCE IN THE EXECUTION OF OFFICE AND THE LEGAL CONSEQUENCES FOR NOTARIES

Ida Bagus Putra Raharja — Mon, 16 Dec 2024 10:27:51 +0700

A notary is the only public official who has the authority to make authentic deeds relating to all creations and legal events desired by the parties or as determined by the applicable law and has the aim that all legal acts and events have the power as perfect evidence. This research aims to discuss the Notary's authority to carry out due diligence in carrying out his office duties and the Notary's responsibility regarding his authority to carry out legal counseling regarding the making of deeds. The research method used in this research is a normative legal research method. Notaries in carrying out Due Diligence apply the precautionary principle with the limitation that if documents or information occur that are incorrect because they are fake or falsified, the Notary is not qualified to violate his/her official duties. The Notary's responsibility regarding his authority to provide legal counseling regarding the making of deeds is stated in Article 15 paragraph (2) of the Law on the Position of Notaries which states that notaries have the authority to provide legal counseling in relation to making deeds. In providing legal counseling in connection with the making of a deed, it means that the Notary has the authority to provide legal counseling in relation to the deed he or she is making.

LEGAL CERTAINTY OF NOTARY POSITION REGARDING AUTHORITY TO CERTIFY ELECTRONIC TRANSACTIONS

Mon, 16 Dec 2024 10:34:32 +0700

Article 15 paragraph (3) UUJN states that Notaries have other regulated authorities apart from those contained in Articles (1) and (2) which are regulated in statutory regulations. In the Elucidation to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public, it is stated "What is meant by other authority regulated in statutory regulations", among other things, the authority to certify transactions carried out electronically (cyber). notary), making deeds of waqf pledges, and airplane mortgages. The author found that there is a vagueness of norms (vague van normen). This condition of norms, which is called vagueness of norms, occurs because statutory regulations are available but the formulation of the words or sentences is not clear, giving rise to multiple interpretations. The research method used is normative legal research using primary legal material sources and secondary legal material sources. Legal materials obtained from library materials are analyzed qualitatively using the deductive method of analysis. The research results obtained are that the legal position of electronic transaction certification is a function of electronic legalization of private deeds. Certification of transactions carried out electronically only refers to private deeds that are legalized by a Notary, therefore certification of electronic transactions will still be recognized in law, but the legal force in court is weakened because it is limited to private deeds only.