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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 Ilmu Hukum Prima 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 ULJLS
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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Journal : Jurnal IUS (Kajian Hukum dan Keadilan)

 1 
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.
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 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.
Legal Protection For Vulnerable Workers in The Labor Social Security System in Order to Increase The Participation of Social Security: A Case Study of Padang City Khairani, Khairani; Darnis, Darnis; Lubis, Ikhsan; Oktaviandra, Surya; Mardiah, Ainul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): 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.v13i2.1597

Abstract

Vulnerable workers, often engaged in informal sectors with low and unstable incomes, face significant barriers in accessing employment-based social security programs. In the social security system, according to Law No.40/2004 and Law No.24/2011 who are social security participants are independent participants, wage recipients and contribution recipients (poor people, while informal workers are not mentioned as participants covered by the Government. This article aims to find out how social security protection is for informal workers and who is responsible for the payment of their membership contributions as social security participants. Using an empirical legal research method, the study analyzes the implementation of social security policies at the local level, particularly initiatives to include informal workers such as fishermen, religious educators, and ride-hailing drivers. Data were collected through field observation, interviews with relevant stakeholders, and review of secondary legal documents. The study reveals that local government initiatives play a critical role in expanding enrollment, particularly through targeted identification of eligible workers and the allocation of public budget to subsidize premiums. The novelty of this research lies in its focus on subnational policy implementation and the mechanisms through which local governments operationalize inclusive social protection. The findings highlight how coordination between central and local authorities contributes to expanding access to social security and reducing socioeconomic vulnerability among informal labor groups. This study offers practical insights for policymakers seeking to close protection gaps and achieve broader coverage in employment-based social security systems.
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