Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : ADVANCED PRIVATE LEGAL INSIGHTS

Legal Analysis of the Position and Impact of Misuse of E-Stamps in Electronic Documents: A Civil Law Perspective Wildan Asyraf, Andi Muhammad; Arsy, Muhammad; Adha Hamza, Yuli
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/april.v1i1.905

Abstract

This study aims to analyze the legal position of e-stamp duty in electronic documents based on Indonesian laws and regulations, especially Law No. 10 of 2020 on Stamp Duty. Furthermore, it seeks to examine the legal impact of e-stamp duty misuse from a civil law perspective. This study employs a normative juridical research method, which involves examining legal theories, comparative laws, structure, and general explanations. The findings indicate that e-stamp duty holds a strong legal position as a validation tool for electronic documents under Law No. 10 of 2020 and Article 5 of the ITE Law. However, misuse of e-stamp duty, such as forgery or unauthorized use, can weaken document validity, making them inadmissible as evidence under Article 1869 of the Civil Code. Additionally, misuse undermines public trust in digital administration systems. This study recommends strengthening regulations related to e-stamp duty, including better legal protection for electronic documents, enhanced security systems to detect fraud, and increased public awareness regarding the importance of document validation using e-stamp duty. Law enforcement authorities are encouraged to take firmer action against misuse cases to deter fraud and enhance public confidence in Indonesia's digital administration system.
Legal Analysis Of Telephone Conversation Recordings As Evidence In Civil Disputes Pratama, Yoga; Arsy, Muhammad; Ramadani, Rizki
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 2 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/6k76ny02

Abstract

This study aims to determine and analyze the validity of telephone conversation recordings as evidence in civil disputes. This research was conducted using the Normative research method, also called doctrinal legal research, which is often conceptualized as what is written in laws and regulations or law is conceptualized as a rule or norm that is a benchmark for human behavior that is considered appropriate. The results of this study are that telephone conversation recordings can be strong evidence in civil disputes as long as they are obtained legally, do not violate privacy rights, and are accountable for their authenticity. The legal force of electronic evidence in civil cases basically depends on how the evidence can be verified and proven authentic in court. If the validity of electronic evidence can be proven, for example through expert witnesses or digital devices that can confirm its validity, then it can be considered with almost the same strength as written evidence in this case. However, in practice, electronic evidence often has a weaker position compared to letters in accordance with the provisions of the Civil Code, especially because electronic evidence can be more susceptible to forgery or manipulation.