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All Journal PROMUSIKA: Jurnal Pengkajian, Penyajian, dan Penciptaan Musik Jurnal IUS (Kajian Hukum dan Keadilan) DE LEGA LATA: Jurnal Ilmu Hukum Halu Oleo Law Review Unes Law Review Jurnal Ilmiah Penegakan Hukum Perada: Jurnal Studi Islam Kawasan Melayu PROGRESIF: Jurnal Hukum Notaire Law_Jurnal Jurnal Tunas Agraria Syiah Kuala Law Journal Legal Protection for the Partnership Agreement Parties Andalas Law Journal Kanun: Jurnal Ilmu Hukum Acta Law Journal SASI Jurnal Pengabdian Mitra Masyarakat
Lubis, Ikhsan
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Omnibus Law Sebagai Percepatan Perekonomian Bangsa di Sektor Pasar Modal Dirkareshza, Rianda; Koto, Ismail; Lubis, Ikhsan
Halu Oleo Law Review Vol 5, No 2 (2021): Halu Oleo Law Review: Volume 5 Issue 2
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33561/holrev.v5i2.18929

Abstract

Pasar modal merupakan salah satu roda perekonomian suatu negara, fungsi yang diwakili adalah sebagai sarana pendanaan usaha dan sebagai sarana bagi perusahaan untuk mendapatkan dana dari masyarakat pemodal untuk mengembangkan usaha dan menambah modal kerja. Tidak dapat dipungkiri bahwa pandemi COVID-19 menjadi kendala utama aktivitas ekonomi di Indonesia. Sektor investasi juga tidak luput dari dampak buruk akibat pandemi ini. Kehadiran Omnibus Law Cipta Lapangan Kerja dan wacana Omnibus Law Sektor Keuangan menjadi harapan sebagai percepatan perekonomian sektor pasar modal di Indonesia. Metode yang digunakan dalam tulisan ini adalah metode penelitian normatif dengan pendekatan patung dan pendekatan studi kasus, serta penelusuran materi hukum terkait pasar modal dan investasi di Indonesia yang dianalisis secara kualitatif berdasarkan kasus yang diangkat saat ini di Indonesia. Hasil penelitian menunjukkan adanya Omnibus Law di masa Covid-19 kini menjadi landasan hukum yang kuat dalam meningkatkan investasi sehingga dapat bersaing di tingkat ASEAN. Selain itu, dalam rangka memperkuat sektor keuangan, dalam pembiayaan ekonomi di Indonesia, omnibus law perlu disusun sebagai penguatan koordinasi dan penataan kewenangan antarlembaga, termasuk pembentukan forum pengawasan perbankan terpadu, penataan kewenangan Bank Indonesia, Otoritas Jasa Keuangan, Lembaga Penjamin Simpanan dalam rangka penyegaran iklim pasar modal dan percepatan perekonomian di Indonesia
Comparison of Civil Law Regarding The Implementation of Cyber Notary in Countries With Common Law and Civil Law Traditions Ikhsan Lubis; Tarsisius Murwadji; Mahmul Siregar; Detania Sukarja; Robert Robert; Dedi Harianto; Mariane Magda Ketaren
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 1: April 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v0i0.981

Abstract

In the era of modern technology as it is today and even more so in the Covid-19 pandemic, cyber notary is also mentioned as a post that needs to carry out each technical aspect of his/her authority and duties as a notary with the help of technology, especially that is related to the urgency of making a notary deed electronically. Article 16, Paragraph (1), lines C and M of the Law on Notary’s Position (Undang-Undang Jabatan Notaris-UUJN) requires a notary to embed a fingerprint as an attachment to the original deed and read out the deed/agreement in the presence of client attended by at least two (2) witnesses, and after being read, should be signed by the client, witnesses, and a notary. Meanwhile, the Law on Article 5 Paragraph (4) on Information Technology and Electronic Transaction (UU ITE) provides limitations by making exceptions to notary deed is not included in the category of electronic information or document. Therefore the problem concerning the creation of a legally binding relationship (a deed) using electronic means (e-Notary) has not yet received a solid legal basis and has not guaranteed legal certainty, especially regarding the authenticity and existence of the electronic deed. In addition, the research will also explore the practice of implementing the development of the cyber notary concept in the field of civil law in several countries, both those with the Common Law tradition and the Civil Law tradition, many of which have empowered the function and role of a notary in electronic transactions. The utilized research technique is the normative legal research technique by using the approach to legislation and analysis of legal concepts sourced from primary or secondary legal materials. The results indicate that the concept of a cyber notary in creating a deed by electronic means (e-Notary) requires arrangements that provide clear rules regarding the terms or conditions in the framework of making a notary or authentic deed conducted using the concept of a cyber notary. Thus, the notary can carry out professional duties without contradicting the laws and regulations. In addition, the development of the cyber notary concept that comes from the Common Law System tradition in practice has been widely applied and is no exception for the Indonesian state which is included in the tradition of countries that adhere to the Civil Law System as a modern legal state, of course, cannot escape developments outside the law.
Transformasi Digital Penyelenggaraan Rapat Umum Pemegang Saham Perseroan Terbatas Ikhsan Lubis
Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i2.5877

Abstract

This study aims to see the development of Digital Transformation as the application of digital technology related to changes in interaction patterns in all aspects of human life, and the development of the cyber notary concept is no exception. The legal validity of electronic documents was further strengthened by the issuance of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research is a normative juridical research and analytical descriptive using a statutory approach, a conceptual approach, and a case approach. Data analysis was carried out qualitatively. The results of the study indicate that the legal validity of the notarial deed at the GMS of a Limited Liability Company through teleconference with electronic media where it is mandatory to use an affirmation mechanism and/or other procedures that provide the intent and purpose of the signing to be bound in an electronic transaction. As for the deed of the GMS teleconference, it is classified as a relaas deed and based on the provisions of the relaas deed, the notary's statement is in the form of a deed (the validity of the teleconference GMS can be ascertained).
Normative Character of E-RUPS Implementation Share Open Company Ikhsan Lubis
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.108 KB) | DOI: 10.30596/dll.v7i1.8081

Abstract

This study aimed to analyze the normative character of the application of the provisions of POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 holding the General Meeting of Shareholders electronically (abbreviated: e-GMS) for Public Companies, and the type of research used was normative legal research. This research used several approaches, such as: statute approach (legal approach) and conceptual approach (concept approach), and the results of the research showed that the implementation of the e-GMS is regulated in POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 can be used as a legal basis that can provide legal certainty in the context of organizing e-GMS for Public Companies through the implementation of procedures and procedures for determining the location of the GMS, fulfilling the attendance quorum, decision-making quorum and the form of minutes of GMS decisions by using teleconferencing media, video conferences, or other electronic media means
The Role of Micro Small and Medium Enterprises (MSMEs) in the Recovery of the National Economic Ikhsan Lubis
Syiah Kuala Law Journal Vol 5, No 2: Agustus 2021
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.106 KB) | DOI: 10.24815/sklj.v5i2.22071

Abstract

The application of Micro, Small and Medium Enterprises (MSMEs) has a considerable influence in contributing and developing as the main supporter in the implementation of National Economic Recovery (NER) programs. This paper leads to a qualitative descriptive approach. This research has been developed using a literature review approach. This conceptual approach is carried out by referring to sources, namely books, journals and the internet.” The research design uses descriptive qualitative which can be interpreted that a series of activities aimed at getting the results of the research as it is at the conclusion.  problems that exist with existing policies in order to realize the program from (NER) and as a result of the Covid19 pandemic, there are still some obstacles and problems in the protection and empowerment of cooperatives and MSMEs.
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Ikhsan Lubis; Taufik Siregar; Ismail Koto; Ruetaitip Chansrakaeo; Duma Indah Sari Lubis
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
Comparison of Civil Law Regarding The Implementation of Cyber Notary in Countries With Common Law and Civil Law Traditions Ikhsan Lubis; Tarsisius Murwadji; Mahmul Siregar; Detania Sukarja; Robert Robert; Dedi Harianto; Mariane Magda Ketaren
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 1: April 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i1.981

Abstract

In the era of modern technology as it is today and even more so in the Covid-19 pandemic, cyber notary is also mentioned as a post that needs to carry out each technical aspect of his/her authority and duties as a notary with the help of technology, especially that is related to the urgency of making a notary deed electronically. Article 16, Paragraph (1), lines C and M of the Law on Notary’s Position (Undang-Undang Jabatan Notaris-UUJN) requires a notary to embed a fingerprint as an attachment to the original deed and read out the deed/agreement in the presence of client attended by at least two (2) witnesses, and after being read, should be signed by the client, witnesses, and a notary. Meanwhile, the Law on Article 5 Paragraph (4) on Information Technology and Electronic Transaction (UU ITE) provides limitations by making exceptions to notary deed is not included in the category of electronic information or document. Therefore the problem concerning the creation of a legally binding relationship (a deed) using electronic means (e-Notary) has not yet received a solid legal basis and has not guaranteed legal certainty, especially regarding the authenticity and existence of the electronic deed. In addition, the research will also explore the practice of implementing the development of the cyber notary concept in the field of civil law in several countries, both those with the Common Law tradition and the Civil Law tradition, many of which have empowered the function and role of a notary in electronic transactions. The utilized research technique is the normative legal research technique by using the approach to legislation and analysis of legal concepts sourced from primary or secondary legal materials. The results indicate that the concept of a cyber notary in creating a deed by electronic means (e-Notary) requires arrangements that provide clear rules regarding the terms or conditions in the framework of making a notary or authentic deed conducted using the concept of a cyber notary. Thus, the notary can carry out professional duties without contradicting the laws and regulations. In addition, the development of the cyber notary concept that comes from the Common Law System tradition in practice has been widely applied and is no exception for the Indonesian state which is included in the tradition of countries that adhere to the Civil Law System as a modern legal state, of course, cannot escape developments outside the law.
The Validity of the Electronic Signature in Electronic General Meeting of Shareholders S of the Limited Company’s Ikhsan Lubis
Kanun Jurnal Ilmu Hukum Vol 23, No 2 (2021): Vol. 23, No. 2, August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v23i2.21044

Abstract

The enactment of electronic signatures, especially at the General Meeting of Share-holders (GMS) and responses to legal actions from electronic signatures in the deed of Decision of the General Meeting of Shareholders in a Limited Liability Company, will be confronted by the progress of the era and the legality of the deed. This research method is classified as normative research, the approach method is descriptive analytical. This study shows that the regulation of electronic signatures on the deed of the Statement of Shareholders' Meeting Resolutions is the development of the form of legal evidence. For this reason, the form of evidence is made in the form of electronic information or electronic documents. The effect of the signing if it is done through electronic media, namely the result of the GMS decision has a legal impact on the status of ratification in the law. If the GMS has an electronic signature so that the legality of the legal action is recognized, the government and especially the legislators make legal rules to regulate with certainty the validity of the results of the GMS electronically, so that legal certainty is formed.
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Lubis, Ikhsan; Siregar, Taufik; Koto, Ismail; Chansrakaeo, Ruetaitip; Sari Lubis, Duma Indah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
Penetration of International Economic Law in the Development of the Cyber Notary Concept in Indonesia Lubis, Ikhsan; Murwadji, Tarsisius; Sukarja, Detania; Rosmalinda, Rosmalinda
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (370.915 KB) | DOI: 10.30631/alrisalah.v22i1.868

Abstract

This study aims to describe the penetration of international economic law in the development of the cyber notary concept in Indonesia. The development of the world today, which has entered the Industrial Revolution 4.0, has forced international law to develop the idea of a cyber notary. It needs to be conducted because Indonesia has no legal instrument to regulate cyber notaries. This study adopts legal research conducted to examine the problem in a normative juridical approach where the author examines various laws and regulations because normative juridical conceptualizes law as a written norm and is poured into legislation used as a benchmark for the community. The study results indicate that various legal instruments have been established, such as legal norms regarding Cyber Notaries in Indonesia, which are contained in the Act, in particular a. Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a Notary. Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law No. 40 of 2007 concerning Limited Liability Companies.
Co-Authors Abd. Rasyid Syamsuri Adawiyah, Rodiatun Ainul Mardiah Chansrakaeo, Ruetaitip Darnis Darnis, Darnis Dedi Harianto Duma Indah Sari Lubis Khairani Khairani Koto, Ismail Kustap Kustap Lubis, Andi Hakim Lubis, Duma Indah Sari MAHMUL SIREGAR Mariane Magda Ketaren Oktarina, Neneng Oktaviandra, Surya Robert, Robert Rosmalinda, Rosmalinda Ruetaitip Chansrakaeo Sari Lubis, Duma Indah Siregar, Taufik Siregar, Taufiq Sukarja, Detania Sunarmi Sunarmi Tarsisius Murwadji Taufik Siregar