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Advocating for Disability Voting Rights in Framework Ius Constituendum Taupiqqurrahman, Taupiqqurrahman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3767

Abstract

Protecting and guaranteeing the rights of every citizen is the obligation of the state, but in fact there are still acts of discrimination in the rights of citizens experienced by persons with disabilities. One form of discrimination carried out is related to political rights by setting physical health requirements for prospective members of the DPR, provincial DPRD, and district/city DPRD. Although there is no definite limit to measure the level of physical health. In addition, the electoral law contradicts the law on persons with disabilities which states that persons with disabilities have political rights. The electoral law should provide an open space as a means for people with disabilities to become part of public office.  However, this will not be realized without a special quota for persons with disabilities to run as candidates for legislative members, as is the case with the quota of 30% female representation as prospective candidates for the DPR / DPRD and the determination of persons with disabilities as workers in government agencies at least 2% and 1% for private companies. Therefore, regulations should be added related to special quotas for persons with disabilities to become candidates for representation from political parties as election participants
Notary's Accountability for Non-Compliance with Covernote Issuance in Corruption Cases Raisyha Talitha; Taupiqqurrahman
Melayunesia Law Vol. 9 No. 2 (2025): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/b0zg8y37

Abstract

The absence of specific legal provisions regarding the issuance of covernotes in Indonesia has created legal uncertainty and opened opportunities for misuse of notarial authority in issuing covernotes. This study aims to examine the authority of notaries in issuing covernotes based on the attributive authority granted by the state as stipulated in Article 16 paragraph 1 letter a of the Notary Law (UUJN), as well as to analyze the forms of notary liability concerning the irregularities in the issuance of covernotes in a corruption case under Decision Number 51/Pid.Sus-TPK/2022/Pn.Pbr. The results of the study indicate that the authority of notaries in issuing covernotes is still based on customary practice (living law) in the law of obligations and lacks a strong legal foundation. The liability that may be imposed on notaries for covernote irregularities can take the form of criminal, civil, and administrative liability. This research is expected to contribute by proposing a revision of the Notary Law (UUJN) to include specific provisions on covernotes and to clarify the mechanism of notary liability in issuing covernotes. Thus, it is expected that the legal regulation of covernotes will become more transparent and emphasize the principle of accountability.  
The Urgency of Establishing Regulations on the Implementation of Automatic Features as a Mitigation Measure Against the Distribution of Feature Films on the TikTok Platform Azzahra, Esi Anindya; Taupiqqurrahman, Taupiqqurrahman
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.48786

Abstract

This study aims to analyze the urgency of establishing regulations that require digital platforms, particularly TikTok, to implement automatic features as a mitigation effort against the illegal distribution of feature films. The background of this research is based on the phenomenon of increasing copyright infringements in the digital space due to the ease of access, distribution, and replication of content through user-generated content-based social media. This condition indicates a normative gap in Indonesia’s legal system, which has not explicitly regulated the preventive responsibilities of electronic system providers concerning intellectual property rights violations. The main issues examined include the existing legal regulations in Indonesia regarding the obligation to provide copyright infringement detection features, as well as the juridical basis for the necessity of establishing specific regulations under the Ministry of Communication and Digital Affairs. This study employs a normative juridical method with a statute approach and a literature review of legislation and Constitutional Court decisions. The findings show that existing regulations, such as the Copyright Law and Ministerial Regulations, remain reactive and have not yet regulated preventive obligations or mitigation measures for digital platforms. In conclusion, the establishment of technical regulations through a Ministerial Regulation is a juridical necessity to strengthen legal certainty and the effectiveness of copyright protection in the digital sphere. This research recommends that national policy stipulate minimum technical standards for implementing automatic detection systems on digital platforms, particularly TikTok.
Legal Status of Joint Property that Remains Subject to Security Interests After Divorce Dewanti, Tyur Reggina; Taupiqqurrahman, Taupiqqurrahman
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49036

Abstract

Marriage not only creates legal bonds between husband and wife, but also has legal consequences for property, in this case joint property. In practice, joint property is often used as collateral to obtain credit from financial institutions. When a divorce occurs while the property is still pledged to a third party, legal issues arise regarding the status of joint property and responsibility for debt repayment after divorce. This study aims to determine the legal status of joint property that is still used as collateral after divorce and the responsibility for debt repayment on the collateral. The researcher applied and utilized a normative juridical method with an approach that focused on legislation and was supported by interviews with the Junior Clerk of the East Jakarta Religious Court as supporting data in the study. The results of the study show that the legal status of joint property that is still collateralized remains as joint property after divorce, but the distribution cannot be carried out before the obligations to third parties are settled because it is still bound by collateral rights. This is because collateral has the characteristics of droit de suite and the provisions of SEMA 2018. The responsibility for paying off debts is a joint obligation of the former husband and wife. If there is a refusal or even inability to pay, the settlement is carried out through an auction by the creditor, while the remaining proceeds from the auction after the debt has been paid off become part of the joint property, which will then be distributed in accordance with applicable legal provisions.
Legal Regulatory Readiness in Accommodating Non-Fungible Token as Objects of Fiduciary Collateral Aristias, Adinda; Taupiqqurrahman
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2699

Abstract

This research aims to analyze the readiness of Indonesia’s legal framework to accommodate Non-Fungible Tokens (NFTs) as fiduciary collateral objects and to identify the potential obstacles in their execution process. NFTs are digital assets based on blockchain technology that possess unique characteristics and economic value, theoretically fulfilling the criteria of intangible objects under Law Number 42 of 1999 concerning Fiduciary Collateral. However, the current legal instruments in Indonesia have not yet explicitly recognized NFTs as eligible fiduciary objects. This study employs a normative juridical method with both statutory and case approaches, supported by secondary data derived from an interview with the Direktorat Jenderal Administrasi Hukum Umum (Ditjen AHU) to enrich the legal analysis. The findings indicate that Indonesia’s regulatory readiness regarding NFTs as fiduciary collateral remains conceptual rather than operational. The absence of a registration mechanism and valuation system for digital assets creates significant legal uncertainty for both creditors and debtors. Furthermore, the execution of NFTs presents additional challenges, including the dependence on private keys, the incompatibility of automatic smart contract transfers with the due process of law principle, and the speculative volatility of NFT market values. Therefore, the study suggests the need for new legal norms and an authorized digital asset valuation institution to ensure that NFTs can be effectively and lawfully integrated into Indonesia’s fiduciary security system. Non-Fungible Token, Fiduciary Collateral, Collateral Execution, Intangible Assets