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Journal : SASI

The Urgency of Implementing a Cyber Notary in Indonesia: A Comparative Study with The United States Tan, Winsherly; Agustini, Shenti; Situmeang, Ampuan
SASI Volume 30 Issue 3, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i3.2258

Abstract

Introduction: Current technological developments have an influence on all aspects of human life, including government administration. Notaries are non-governmental public officials who provide public services in providing good governance for the community. However, notarial services in Indonesia are carried out conventionally, which slows down notarial services. Different things happened in America. America is a country that has advanced technology.Purposes of the Research: The aim of this research is to analyze the urgency of implementing cyber notary in Indonesia, find differences in legal regulations and application of law regarding cyber notary in Indonesia and America and find the right solution in organizing cyber notary in Indonesia.Methods of the Research: The research used normative juridical method with secondary data from primary legal sources including various laws and acts like Law Number 2 of 2014, Law Number 30 of 2014, and others related to notarial acts, personal data protection, and blockchain technology in California and Illinois.Results of the Research: The research reveals Indonesia lacks comprehensive laws for cyber notaries. Learning from the US, which has established regulations, Indonesia needs to revise its Notary Law to incorporate cyber notaries and uphold principles of good governance.
Comparison of Agreement Law in Indonesia and Malaysia: Phenomenon of Standard Agreement Practices Manurung, Shenti Agustini; Irawati, Jovita; Sudirman, Lu; Agustianto, Agustianto; Farahdina, Farahdina
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2683

Abstract

Introduction: Indonesia and Malaysia are countries with fairly good economic levels in the ASEAN. Economic growth in the business world also has an influence on contract law because the phenomenon that occurs is the use of standard agreement models in the business world to make business processes more effective and efficient.Purposes of the Research: The aim of this research is to analyze the differences in contract law in Indonesia and Malaysia, also describe the phenomenon of standard agreement practices that occur in Indonesia and Malaysia, and analyze the validity of standard agreements that apply in Indonesia and Malaysia.Methods of the Research: The research method used is normative juridical. The type of study used is through literature study. The type of data used is secondary data consisting of primary legal materials, namely the Civil Code, the Malaysian Contracts Act 1950, the 1957 Sale of Goods Deed.Results Main Findings of the Research: The research results show that Indonesia and Malaysia are countries that have implemented standard agreement. These two countries also have a legal basis that allows standard agreements to come into force on the condition that there must be clauses that emphasize the rights and obligations of the parties to achieve justice.
Sale Purchase Agreement Through Instagram: How Is The View Of The Civil Law? Agustini, Shenti; Syarief, Elza; Agustianto, Agustianto
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1342

Abstract

Introduction: Technological developments have an impact on today's business world, which is buying and selling activities carried out through Instagram.Purposes of the Research: The purpose of this study is to examine the perspective of civil law books regarding the phenomenon of buying and selling via Instagram and analyzing the best solution so that buying and selling activities via Instagram do not violate the law.Methods of the Research: The method in this study is normative juridical which uses a library approach. In answering the formulation of the problem, the juridical basis is used, namely the civil law code book and the theoretical basis, namely modern contract law theory.Results of the Research: Based on research results, buying and selling activities via Instagram are very difficult to fulfill the legal requirements of an agreement as stipulated in the civil law code. This has also led to many cases of law violations through Instagram. Therefore, it is necessary to apply the principle of good faith in the buying and selling process on Instagram.
Fulfillment of The Civil Rights of Prisoners Concerning Legal Cases Relating To Divorce Agustini, Shenti
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1182

Abstract

Introduction: One type of human rights is civil rights. Correctional institutions are places to build relationships with civil rights concerns. However, in practice, when dealing with divorce cases, they cannot attend the divorce party and are not given a verstek decision. Purposes of the Research: The purpose of this study is to analyze the implementation of Law No. 12 of 1995 concerning Corrections.Methods of the Research: The research method is normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is 1945 Constitution, Law Number 1 of 1974 concerning marriage, Law Number 12 of 1995 concerning Corrections and the theoretical basis used is theory of legal objectives according to Gustav Radbruch.Results of the Research: Based on the results of the study, the law on corrections has not yet achieved its legal objectives. This is due to the weak structure, substance and culture of prisons. This causes whether or not the civil rights are fulfilled. Therefore, it is necessary to revise the correctional law by taking into account civil rights when dealing with divorce cases.