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Violation of Notary Code of Ethics in Using Social Media for Self-Promotion Through Video Blog Form IRIANTORO, Agung; YUNIDA, Arlia
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1186

Abstract

Legal consequences for Notaries who violate the rules contained in the Notary Code of Ethics: The Notary Honorary Council can impose code of ethics sanctions on Notaries who violate the code of ethics, in this case, related to publication and self-promotion on social media in the form of vlogs, by the problems discussed in this legal research. The code of ethics sanctions for Notaries who violate the rules related to publication or self-promotion on social media (electronic) based on Article 6 paragraph (1) of the Notary Code of Ethics is in the form of reprimands, warnings, temporary suspension from membership of the Association, honorable suspension from membership of the Association, or dishonorable suspension from membership of the Association. In the context of the case of violation of the code of ethics by Notary PRS related to the circulation of the vlog, the sanctions given to Notary PRS are in the form of sanctions of the code of ethics or accountability according to the code of ethics and his position based on the results of the examination of Notary PRS in the Minutes of Examination issued by the Malang Regional Honorary Council which states that Notary PRS promises to delete the video that has been circulated and will not commit the act again
Employee Company Share Owner Layoff in Indonesia: Problem and Solution from Business Judgment Rule Perspective Musimin, Suyono; Hamid, Adnan; Irwansyah, Irwansyah; Iriantoro, Agung; Benjamin, Irfan
Jurnal Mulawarman Law Review Vol 10 No 1: Mulawarman Law Review - June 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v10i1.1681

Abstract

Indonesia protects workers who experience layoffs by providing severance pay, award money, or resolving industrial relations disputes through litigation. This study aims to map the problem and the legal solution regarding termination of employment for employees who are also shareholders in the company where they work. The research in this article employed Normative Juridical and the problem approach used in writing this research consists of two approaches: the statute approach and the conceptual approach. Share ownership by employees through Employee Stock Option Program will give employees a dual status, namely as workers and owners of the company. Termination of employment carried out by the company against shareholders is problematic. On the one hand, there is an employment relationship between the employee and the company, on the other hand, there is also a relationship between the employee as a shareholder and the company. As a civil law country, Indonesia has also adopted business judgement rule as implemented in limited liability company law, which emphasises the role and responsibilities of the company's organs and is valid until now. Business judgement rule as a guideline and instruction for the Board of Directors in making business decisions where the Board of Directors must always uphold the principles of prudence, good faith, solely for the interests of the company, subject to the provisions of the articles of association and laws and regulations.  
Position, Tenure And Responsibility Of The Notary In Carrying Out The Position Of Notary IRIANTORO, Agung
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.106 KB) | DOI: 10.38142/pjlel.v1i2.515

Abstract

Notary, as authentic deed-makers, has a vital role in people's lives. It is because society needs someone whose information is reliable and trustworthy, whose signature and seal (stamp) can provide solid guarantees and evidence, an impartial expert and an adviser who has no defects, who shuts up and makes an agreement that can protect in the days to come. The position of the notary must provide legal certainty services in the form of doing authentic deeds and making land deeds; in their duties, two main functions, namely the first notary has legal certainty responsibility to the public for any ratification of legal bindings, and the second is that the notary has the authority granted by law as a state official to provide legal reinforcement for legal bindings, which in the end gives peace and a sense of security to the community. The notary's responsibility is determined by the nature of the violation, the legal consequences it causes, and the potential mandatory risks. Therefore, Notaries, in carrying out their positions, doing authentic deeds, and others, apparently made mistakes, so what is used beeps fout is a unique term addressed to errors made by professionals with particular positions, such as Notaries whose mistakes are made carrying out the job.
AKIBAT HUKUM YANG TIMBUL TERHADAP KELALAIAN NOTARIS BERKAITAN DENGAN TANGGUNG JAWAB DAN KEWENANGANNYA (Studi Putusan Nomor 89/Pid.B/2020/PN.Dps) Azhar, Mochammad Farras; Iriantoro, Agung
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.7182

Abstract

Notaries are public officials who must be guided by the norms and high virtues of the Indonesian people. Notaries in helping the community must have mutual trust between the parties so as to avoid mistakes, but Notaries are also ordinary people who are not free from mistakes whether intentional or unintentional or negligence. The result of that negligence can have an impact on the Notary and on the deed made by him. The method used in this research is normative juridical or also called doctrinal research, namely a study that analyzes the law both written in books and laws decided by judges through the courts. The theories used in this research are legal certainty theory and liability theory. The results of the research obtained: 1) The legal consequences arising from the negligence of a notary in the elements of forgery and malicious conspiracy in making a deed have an impact on the deed becoming null and void due to the absence of a lawful cause or not fulfilling the objective requirements of an agreement so that it can submit a deed cancellation. 2) Notaries must be responsible for their negligence in making deeds because it can harm one of the parties so that the Notary can be sanctioned administratively, criminally and civilly. If the Notary's actions have an element of intent, then the Notary can also be given administrative, criminal and civil sanctions. If the Notary's actions have an element of intentionality, then the Notary can be given criminal sanctions in the form of imprisonment and dishonorable dismissal from his position as a Notary. However, if the Notary did not commit intentionally or due to lack of prudence, then the sanctions given are only in the form of administrative sanctions such as reprimand or written sanctions. Keywords: Notary, Negligence, Forgery, Evil Conspiracy
Penetapan Harga Bidang Tanah pada Transaksi Jual Beli Melalui Validasi Pemerintah Daerah Kabupaten Karawang Gumilar, Gugum; Iriantoro, Agung
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 5 No. 5 (2025): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v5i5.4670

Abstract

Nilai harga jual beli tanah merupakan hasil dari kesepakatan para pihak sendiri (penjual-pembeli) yang diinformasikan kepada PPAT. Tujuan penelitian aspek hukum penetapan harga bidang tanah pada transaksi jual beli dan kepastian hukum kewenangan validasi Pemerintah Daerah Kabupaten Karawang terhadap penetapan harga bidang tanah pada transaksi jual beli. Penelitian ini, menggunakan metode normatif (kepustakaan) dengan menganalisis data sekunder untuk mendapatkan kesimpulan tentang aspek hukum penetapan harga bidang tanah pada transaksi jual beli berdasarkan Undang-Undang Nomor 28 Tahun 2009 tentang Pajak Daerah dan Retribusi Daerah sebagaimana telah diubah menjadi Undang-Undang Nomor 1 Tahun 2022 tentang Hubungan Keuangan Antara Pemerintah Pusat dan Pemerintahan Daerah dan Undang-Undang Nomor 20 Tahun 2000 tentang Perubahan Atas Undang-Undang Nomor 21 Tahun 1997 tentang Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB). Kepastian hukum kewenangan validasi Pemerintah Daerah Kabupaten Karawang terhadap penetapan harga bidang tanah pada transaksi jual beli tidak terdapat aturan dan kebijakan yang mengatur.
THE PROBLEM OF RECOGNIZING MINANGKABAU COMMON LAND OWNERSHIP RIGHTS BETWEEN THE MATRILINEAL SYSTEM AND INDONESIAN LEGISLATION: THE PROBLEM OF RECOGNIZING MINANGKABAU COMMON LAND OWNERSHIP RIGHTS BETWEEN THE MATRILINEAL SYSTEM AND INDONESIAN LEGISLATION Chandra, Heru; Iriantoro, Agung; Teepapal, Tanawat
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.234

Abstract

The communal land ownership system of the Minangkabau indigenous legal community based on the matrilineal system faces fundamental misalignment with Indonesia's national land law regulations. This research analyzes the characteristics of ulayat land ownership system based on Minangkabau customary law and its misalignment with UUPA. The research method employs a normative juridical approach with legislative analysis and literature study. The results show that Minangkabau ulayat land ownership system has unique characteristics in the form of hereditary communal ownership through maternal lineage with separation of rights and ownership concepts in the philosophy “hak bamiliek harato bapunyo, hak nan banampuharapo nan bamiliek”. The three-tiered hierarchical structure of nagari, tribal, and clan ulayat lands is managed based on the principle of “gangam bauntuak pagang bamasiang” which does not recognize the concept of buying and selling. Misalignment occurs because UUPA adopts an individual ownership paradigm that contradicts the Minangkabau communal system. Regulation through PP 18 of 2021 which enables the transformation of ulayat land into management rights actually creates a legal certainty paradox and potentially destroys the communal ownership system. The fragmentation of ulayat land to only 8.38% remaining intact reflects the failure of legal harmonization. A reconstruction of the national agrarian law paradigm is needed that can accommodate communal ownership characteristics without eliminating the essence of indigenous cultural values.
ETHICAL AWARENESS AND ACADEMIC USE OF AI IN LEGAL AND BUSINESS WRITING AMONG UNDERGRADUATE STUDENTS AT A THAI PUBLIC UNIVERSITY: ETHICAL AWARENESS AND ACADEMIC USE OF AI IN LEGAL AND BUSINESS WRITING AMONG UNDERGRADUATE STUDENTS AT A THAI PUBLIC UNIVERSITY White, Alan Robert; Darodjat, Tubagus Achmad; Iriantoro, Agung
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.237

Abstract

This study examines undergraduate students’ awareness, perceptions, usage patterns, and ethical considerations regarding the use of generative Artificial Intelligence (AI) in legal and business writing. A 20-item questionnaire was administered to assess familiarity with AI tools, beliefs about their usefulness, patterns of use in academic contexts, and views on ethical implications. The results indicate moderate awareness and generally positive perceptions of generative AI, particularly in terms of improving writing quality and clarifying complex concepts. However, actual usage remains limited, and many students report a lack of formal instruction or clear guidelines on ethical use. Notably, students expressed strong support for institutional guidance and recognised the importance of responsible AI integration in academic settings. The findings underscore the need for targeted educational interventions and policy development to align student behaviour with ethical academic standards. Recommendations are made for integrating AI training into business education and conducting further research on the long-term academic effects of generative AI use.
Evaluation of the Implementation of Balance in Protecting the Rights of Entrepreneurs, and Workers in the Job Creation Law Post-the Constitutional Court Decision Number 168/PUU-XXI/2023: ASocio-Legal Study: Evaluation of the Implementation of Balance in Protecting the Rights of Entrepreneurs, and Workers in the Job Creation Law Post-the Constitutional Court Decision Number 168/PUU-XXI/2023: ASocio-Legal Study Hendriadi, Martin Triadmaja; Hamid, Adnan; Iriantoro, Agung; Komandoko, Kukuh
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.241

Abstract

This study aims to evaluate the implementation of the balance of protecting the rights of employers and workers in Law Number 6 of 2023 concerning the Stipulation of Government Regulation instead of Law Number 2 of 2022 concerning Job Creation into Law or the Job Creation Law (hereinafter referred to as Law 6/2023) post-the Constitutional Court or Mahkamah Konstusi (MK) Decision No. 168/PUU-XXI/2023: a socio-legal study. Literature studies were conducted as a basis for answering various problems in this study. Then, data processing was carried out qualitatively. The results of this study indicate that Law 6/2023, after the Constitutional Court Decision, underlines the importance of normative workers' rights, which have an impact on legal certainty and benefits for workers. Law 6/2023) after the Constitutional Court Decision tends not to affect entrepreneurs. The evaluation results of the implementation of the Job Creation Law after the Constitutional Court Decision indicate that the issue of protecting employers' rights is crucial. Therefore, Law 6/2023, after the Constitutional Court Decision, is expected to be amended not only to address the imbalance in workers' rights but also the rights of employers. Thus, the results of this study are expected to be used by the government and the legislature to form employment laws and ensure fair implementation of the balance between protecting entrepreneurs.' and workers' rights in Law 6/2023 after the Constitutional Court Decision by the constitution, Article 27 paragraph (2), Article 28D paragraph (2), and Article 33 of the 1945 Constitution.
Homologation Decision Against Creditors Who Did Participate in The Peace Agreement (Case Study: Decision Number 993 K/Pdt.Sus Bankruptcy/2019) Deswanta, Andi; Iriantoro, Agung; Ariyamang, Watcharee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1617

Abstract

Homologation decisions in the Debt Payment Obligation Postponement (PKPU) system have universal binding force which creates legal complexity, especially regarding the protection of creditors who do not participate in the peace agreement. This research analyzes the legal force of homologation decisions and protection mechanisms for non-participating creditors based on the Indonesian bankruptcy system through a case study of Supreme Court Decision Number 993 K/Pdt.Sus-Bankruptcy/2019. The research method used is normative legal research with statutory and conceptual approaches. The results showed that the homologation decision has a fundamental position as an instrument of judicial ratification that transforms the peace agreement into a court decision with an executorial title and universal binding force. Its legal legitimacy is obtained through the fulfillment of quorum and majority requirements in Article 281 of the PKPU Law which applies a dual majority requirement system. However, legal protection for non-participating creditors faces significant limitations as the principle of universal binding force creates complex legal implications, ranging from loss of contractual autonomy to changes in the legal status of receivables. Although there is a cassation remedy mechanism available, in judicial practice such protection is limited to procedural aspects with a high threshold for success, so that the Indonesian PKPU system prioritizes the efficiency of collective settlements over the substantive protection of minority creditors
The Authority of The Supervisory Board and Legal Protection for Parties Regarding The Loss of The Minutes Of a Deed as Evidence Iriantoro, Agung
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1627

Abstract

Notary is a prestigious, noble profession (nobile officium), with high values of nobility and dignity. Thus, in carrying out his duties and position a Notary must be guided normatively by applicable legal regulations and have a responsible attitude towards the authentic deeds he makes. Therefore, the urgency of this research is to analyse the authority of the Supervisory board in providing guidance to Notaries who are negligent in storying their Minutes of deeds and the protection as well as legal certainty of the parties in the event of the loss of Minutes of Deeds, which are evidence for the parties. This research is a normative legal research conducted by examining library materials or secondary data, which commonly referred to library study research. This study concludes that the Minister of law and Human Rights formed the Supervisory board with the aim of supervising and providing guidance to Notaries in carrying out their professional positions as public officials. Supervisory board consists of Regional Notary Supervisory Board, Territory Notary Supervisory Board and Central Notary Supervisory Board. This is made in accordance with its work area, Regional Supervisory Board as the main spearhead has the authority in terms of guidance and examination, one of which is regarding the Minutes of Deeds, which are part of the Notary Protocol. The Regional Supervisiory Board can impose sanctions as a form of guidance on Notaries who commit violations, one of which is negligence in storinfg minutes of deeds. Notary is responsible for the loss of the Minutes of th Deed by making a report to the Indonesian Police as a form of fulfilling the rights and legal certainty regarding the copy of the deed kept by the parties.