Claim Missing Document
Check
Articles

Found 27 Documents
Search

The Role of the Consumer Dispute Resolution Agency (BPSK) Regarding Developer Consumer Rights that are Not Fulfilled Rezky Saftiaan; Indah Harlina; Jum Anggriani
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1018

Abstract

The Consumer Dispute Resolution Agency (BPSK) was established as a solution to avoid resolving consumer disputes through general courts. Proceeding in the general court takes a long time and costs a lot of money, whereas resolving consumer disputes requires fast and cheap procedural law. Consumer Dispute Resolution Agency Provisions in Law Number 8 of 1999 concerning consumer protection which strictly regulates consumer rights that consumers have the right to correct, clear and honest information regarding the actual condition and guarantee of goods/services, of course the Consumer Protection Law accommodating legal certainty for consumers to obtain the rights to everything they want or buy, so that legal certainty for consumers if they do not get clear and correct information from developers or business actors for consumers who buy a house or place to live can be guaranteed if their rights their rights are not fulfilled .
Implications for the Power of Attorney to Sell Deed Made by a Notary Due to Inaccuracy Samosir, Tetti; Indah Harlina; Vicky
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1090

Abstract

The role of a notary is crucial in facilitating legal certainty and protection for the community. In civil law, notaries hold a highly strategic position as their profession deals with fundamental and critical issues in every legal action, particularly within civil law. The public, both as subjects and objects of legal transactions, bear significant burdens regarding legal administration. Violations by notaries can be classified as breaches of professional ethics or breaches of the law, with consequences that may include civil liabilities (compensation), criminal penalties (imprisonment and fines), and administrative sanctions (dismissal from office). Every unlawful action causing harm to others must be accounted for by the perpetrator. In criminal law theory, offenses are categorized into intentional and negligent acts. Any action causing undue harm and violating the law constitutes an illegal act. This study analyzes the juridical implications of drafting a power of attorney for sale from normative and case-based perspectives. The research revealed that a notary's failure to conduct adequate checks on document legality for a Power of Attorney for Sale resulted in unlawful actions that harmed legitimate parties, leading to material losses.
Study of the 30% Quota of Women's Representation Against the Number of Legislative Members of the People's Representative Council of the Republic of Indonesia Anggriani, Jum; Indah Harlina; Annisa Rahma
Jurnal Smart Hukum (JSH) Vol. 2 No. 2 (2024): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i2.1312

Abstract

This study examines the phenomenon of the 30% quota of women's representation in the Indonesian House of Representatives (DPR RI) legislative institution not being met even though affirmative policies have been implemented for almost two decades. Using a normative legal method supported by a legislative, conceptual, comparative, and historical approach, this study identifies various factors inhibiting women's representation. The results of the study show that women's representation in the Indonesian House of Representatives (DPR RI) still reached 20.52% in the 2019 Election, not meeting the 30% target. The identified structural obstacles include the subordination of women in politics, the practice of money politics, a gender-biased recruitment system, and a deficit in women's political-social capital. The study recommends a comprehensive strategy in the form of gender mainstreaming in policy, women's capacity building, gender-just legal reform, political culture transformation, and a multi-stakeholder approach. This study contributes to the development of studies on gender politics and women's political representation, while also providing input for policy makers to improve regulations on women's representation in the general election system.
The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public Samosir, Tetti; Harlina, Indah; Akbar, Fikri Miftakhul
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.27920

Abstract

The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.
Pertanggung Jawaban Hukum bagi Notaris yang Tidak Saksama dalam Penyerahan Sertifikat Tanpa Persetujuan Para Pihak: (Studi Kasus Putusan PN 196/PID.B/PN DPS) Risquita Putri Raco; Tetti Samosir; Indah Harlina
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.2299

Abstract

This study discusses the liability of a Notary, acting as a public official, in relation to the embezzlement of land ownership certificates entrusted to them during the process of a binding sale and purchase agreement. The issue arises when the Notary fails to hand over the certificate to the rightful party, thereby creating opportunities for misuse and resulting in legal harm. The purpose of this study is to analyze the elements of the criminal act of embezzlement as stipulated in Article 372 of the Indonesian Penal Code (KUHP) in connection with the Notary's responsibility, and to examine the legal protection available to parties who suffer losses due to the Notary’s lack of due care. This thesis employs a normative juridical method with a statutory approach, literature review, and case study based on court decisions. The findings show that a Notary can be held legally accountable—criminally, civilly, or administratively— if proven to have committed embezzlement or been negligent in the exercise of their authority. Storing land certificates without a legal basis or in bad faith constitutes a violation of the Notary’s obligations as regulated under the Notary Office Law (UUJN) and the Notarial Code of Ethics. The conclusion drawn from this research is that Notaries bear legal responsibility for documents entrusted to them, particularly in upholding trust and ensuring legal certainty for all parties involved. Strengthening oversight and the enforcement of sanctions is necessary to prevent abuse of authority by Notaries.
The Limits of Director and Notary Liability in Cases Involving Forged Documents Fatimah, Dyah Ayu Putri; Deni, Fitra; Harlina, Indah
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.441

Abstract

The increasing use of forged documents in the establishment of a Limited Liability Company raises significant concerns regarding the legal liability of directors and the vulnerable position of notaries. This study aims to analyze the legal responsibility of directors for forging signatures in supporting documents for the deed of establishment and to examine the scope of legal protection afforded to notaries. This research employs a normative legal method, utilizing statutory and case-based approaches. The findings reveal that directors may incur both criminal and civil liability for fulfilling the elements of forgery and breaching their fiduciary duties, whereas notaries who act in good faith and exercise due diligence are entitled to legal protection. In conclusion, there is a need to clarify the boundaries of liability and to strengthen verification mechanisms in order to ensure legal certainty and justice.
The Controversy Between Universal and Particular Human Rights in The Context of Indonesia Indah Harlina; Jum Anggariani; Tetti Samosir; Utji Sri Wulan Wuryandari; Ahmad Dahlan
Khazanah Hukum Vol. 8 No. 2 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i2.44515

Abstract

This study examines the dialectic between the concepts of universal and particular human rights in the Indonesian context. Through an analysis of legal documents, historical treatises, and constitutional practices, the study reveals how Indonesia developed a "contextual universalism" approach that harmonizes universal human rights values with national socio-cultural particularities. The study shows that the tension between the universality and particularity of human rights has been an inherent part of Indonesian human rights discourse since the 1957-1959 Constituent Assembly debates, long before the reform era. Islam and local culture have a significant influence in shaping Indonesia's particular conception of human rights, with Muslim scholars and mainstream Islamic organizations contributing to the reconciliation of universal human rights principles with Islamic values and local wisdom. The study identifies five main strategies used by Indonesia in harmonizing universal and particular human rights: the margin of national appreciation, cultural translation, a dialogical approach, mainstreaming human rights in public policy, and developing contextual human rights conflict resolution mechanisms. This research has important theoretical implications, challenging the rigid dichotomy of universalism versus relativism, strengthening the argument about multiple modernities in human rights discourse, and underlining the importance of vernacularization. In practice, Indonesia faces challenges in harmonizing regulations and strengthening human rights culture, but it also has opportunities to develop global human rights diplomacy and a transformative human rights model rooted in the values of Pancasila and Indonesian constitutionalism.