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Journal : Acten Journal Law Review

Keabsahan Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023: Studi Kasus Penetapan Nomor 423/Pdt.P/2023/PN.Jkt.Utr Assegaf, Muhammad; Rato, Dominikus; Ali, Moh.
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i2.6

Abstract

Marriage is a sacred and noble procession to build a household that is considered legitimate from a religious and state perspective. Positive law prohibits interfaith marriages as stated in SEMA No. 2 of 2023 concerning Judges' Instructions in Adjudicating Cases of Applications for Registration of Marriages Between People of Different Religions and Beliefs. However, the judge in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr granted the request for registration of interfaith marriage applications. The legal research used in this article is normative juridical, based on an internal perspective that is able to provide legal arguments when conflicts, ambiguities, or legal gaps are found. The results of the study show that the judge's considerations in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr are inappropriate in using the legal basis. The judge is of the view that Catholicism and Protestant Christianity are still within the same scope of faith so that they are in harmony. However, the judge did not refer to SEMA Number 2 of 2023 as a legal basis for deciding the case, did not consider the norm of Article 2 paragraph 1 of the Marriage Law, did not consider the rejection from the Dukcapil Office, did not consider evidence in the form of the Applicants' Identity Cards, and finally the Judge did not consider the prohibitions of each of the Applicants' religions. The Judge should have made a decision based on the correct legal basis as a consideration so that in the future there would be no more inappropriate decisions. Keywords : Marriage; Different Religion; Judge Consideration
The Existence of Marriage Agreement Registration In Legal Protection Perspective Latifani, Soraya Ulfa; Ali, Moh.; Rato, Dominikus
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.15

Abstract

Failure to comply with the registration of the marriage agreement causes the agreement to be null and void because it does not fulfill one of the conditions for a valid agreement according to Article 1320 of the Civil Code and is contrary to Article 29 paragraph (1) of Law no. Therefore, this research will write about the role of registration of marriage agreements in ensuring legal certainty and protection of the rights of the parties concerned and the legal consequences of non-compliance in registering marriage agreements. The type of research used is a normative juridical method, namely research guided by positive legal regulations in accordance with the laws and regulations applicable in society. In resolving a legal issue, the author uses two approaches, namely the Statute Approach which is carried out by examining all statutory regulations relating to the legal issue to be studied, and the Conceptual Approach which carries out the interpretation. principles, laws and legal concepts according to the legal issue being studied. The legal materials used are primary legal materials and secondary legal materials using the library research method of collecting legal materials (Library Research) with research analysis using deductive methods. The result is registration of a marriage agreement has permanent legal force, thereby providing optimal protection for both parties from potential disputes in the future. Failure to comply with the obligation to register a marriage agreement, even though it has been made in the form of an authentic deed by a notary, has the implication that the agreement is null and void. It is hoped that in the future the government can increase outreach and education as well as simplify the procedures for registering marriage agreements. Keywords: Marriage Agreements; Register; Legal Protection.
Penerapan Artificial Intellegence (AI) Dalam Perkembangan Cyber Notary di Era Transformasi Digital Setyawan, Angelina Regita Kerin; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.28

Abstract

A notary is a public official who, in carrying out their duties, refers to the Notary Position Law, which stipulates that the creation of deeds must be done face to face with clients. However, in the provisions of the Notary Law itself, Article 15 Paragraph (1) letter m provides that cyber notaries can be implemented. This research aims to assess the application of artificial intelligence (AI) in the development of cyber notaries in the era of digital transformation and to examine to what extent AI will support or replace the role of notaries as public officials. This study uses normative legal research with a legislative and conceptual approach through literature studies that are analyzed descriptively. The results of this study indicate the position of AI in the Notary Position is only as a supporting tool, not as a substitute for the notary position, because AI cannot legally replace the role of a notary, regarding the position of AI there are also no clear norms in the laws and regulations. So the position of AI in cyber notary is only as a supporting tool for Notaries which provides many conveniences for notaries in carrying out their duties. The application of AI as part of cyber notary by optimizing AI performance so that notaries can work more effectively and efficiently. With the existence of legal provisions that are in line with the application of AI in cyber notary, it will certainly make it easier for notaries to carry out their duties, in addition to the guarantee of electronic storage of notary protocols, there also needs to be legal provisions with the guarantee of client data security.
Green Taxonomy as a Basic Concept of Sustainable Finance Through Green Bond Issuance Prakoso, Bhim; Hariyani, Iswi; Wahjuni, Edi; Ali, Moh.; Wardhana, Rhama Wisnu
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.31

Abstract

The increasing awareness of global issues in the sustainable development goals (SDGs) agenda initiated by the UN, has given rise to green investment in the economic sector, especially in the financial aspect. Referring to capital activities aimed at projects that address global issues. In recent years, green investment practices have begun to increase both in terms of the number of debt securities from individuals and countries participating in supporting the realization of SDGs 2030. In the Indonesian Capital Market there is a new financial instrument called green bonds. Green Bonds are regulated through the Financial Services Authority Regulation (POJK) Number 60 of 2017, as is the authority held by OJK regarding the regulation of the financial services sector in Indonesia. This article will discuss the legal status of green bonds in Indonesia and whether green bonds can be one of the financing schemes in Indonesia. However, interest in green bonds is still quite low considering the obstacles that result in investment risks. The research method with a normative juridical type, using literature and descriptive studies in solving problems, this research is expected to not only answer the risks but also the utility of green bonds in realizing economic and environmentally sustainable development goals.
Kepastian Hukum Penggunaan Artificial Intelegence Terhadap Penyimpanan Protokol Notaris Himami, Desyana; Sari, Nuzulia Kumala; Ali, Moh.
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.32

Abstract

Legal uncertainty related to the use of artificial intelligence (AI) in storing notary protocols, which is part of the implementation of the cyber notary concept in Indonesia. The background of this research is the era of the Industrial Revolution 4.0 and Society 5.0, which demands high efficiency, security, and accessibility in storing notary documents, especially to reduce the risk of damage to physical documents due to natural disasters and other factors. Although the use of AI in storing notary protocols promises better efficiency and security, there is no legal certainty that supports this application, due to the overlap and inconsistency between the Notary Law and the Information and Electronic Transactions Law. This study uses a normative legal methodology with a statutory and conceptual approach to analyze related legal regulations and explore issues that arise due to the legal vacuum in the use of AI by notaries. The results of the study show notaries have an obligation to make minutes of deeds and archive them as a form of action from the notary protocol. The obligation to store these minutes of deeds aims to maintain the authenticity of the deed. Storage of notary protocols until now still uses printed media stored in a separate archive room at the Notary's office, this certainly poses a high risk to the safety of the notary protocol if there is force majeure at the Notary's Office. Storage of Notary protocols using AI does not guarantee legal certainty, because there are no comprehensive and explicit regulations regarding the use of AI in Storing Notary protocols. However, this is a challenge whose implementation requires more specific implementing regulations so that notaries have clear guidelines in carrying out the document digitization process safely and legally.
Rekontruksi Asas Tabellionis Officium Fideliter Exercebo Dalam Perspektif Cyber Notary: Studi Perbandingan Indonesia dan Amerika Serikat Aulia, Farah Nizrina; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.33

Abstract

Cyber ​​notary as part of the development of digital technology has become a new innovation in notary services. However, in the midst of the presence of cyber notary, it raises new challenges, especially in the aspect of the classical principles of notary, especially the principle of Tabellionis Officium Fideliter Exercebo which is oriented towards the notary's devotion to the duties that have been carried out so far. This article is oriented to examine the concept of cyber notary and the principle of Tabellionis Officium Fideliter Exercebo in terms of challenges and implementation. In addition, this article contains a comparative study of other countries using the United States as a reference for comparison as well as a representative of the use of cyber notary. This research is a legal research that uses a statutory approach and a comparative approach to describe ideas for the renewal of notary law in the aspect of cyber notary in Indonesia. The result of this research show The concept of cyber notary has shifted the paradigm of conventional notaries based on physical to digital systems. However, in its implementation, it does face quite big challenges. A comparative study with the United States through the RON system shows that this country has succeeded in adjusting notary integrity with job accountability through legal means and infrastructure, as well as forming national standards that represent technological progress without sacrificing ethical aspects. Therefore, there needs to be a rigid regulation in the Notary Law that represents progressive positive law in responding to the challenges of the development of the era, by reformulating notary law that not only accommodates technological devices, but also reconstructs the meaning of job fidelity in aspects that are in accordance with the values ​​of trust and caution.
Marriage Agreements as a Form of Legal Protection For Parties To a Marriage Astuti, Rita Bayu; Ali, Moh.; Rato, Dominikus
Acten Journal Law Review Vol. 2 No. 3: Dec 2025 (on process)
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i3.50

Abstract

This research is reviewed from the Marriage Law and Compilation of Islamic Law. Positive Law and Islamic Law only recognize open monogamous marriages, but it does not rule out the possibility for a husband to have a polygamy marriage with the conditions as stated in Article 4 paragraph (2) of the Marriage Law by submitting an application to the Religious Court. The problem formulation is first, how is the application of shared assets in polygamy marriages in Indonesia? Second, how is the legal protection of assets in the polygamy marriage agreement? This research is a normative-juridical study with the aim of finding the coherent truth. The legal force of a marriage agreement is binding not only upon the spouses who execute it but also upon related third parties, provided that the element of publicity has been satisfied. Where a marriage agreement is executed in fulfillment of the validity requirements for agreements in accordance with applicable statutory regulations, ratified by a Marriage Recording Officer or a notary, and recorded by the Marriage Recording Officer, said marriage agreement possesses legal force equivalent to that of an authentic deed. A marriage agreement executed via a notarial deed also constitutes a protective measure ensuring that the agreement becomes an authentic deed possessing perfect probative force to safeguard the rights of the contracting parties as well as third parties. Furthermore, related third parties are entitled to claim compensation should the marriage agreement be executed or amended with the intent to prejudice said third parties.