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All Journal JURNAL MAHKAMAH Interdisciplinary Social Studies
Hussy, Maharani Millenia
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Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Comparative Analysis of Legal Recourses for Document Forgery in Civil Law: Indonesia and ASEAN Countries Hussy, Maharani Millenia; Tjempaka, Tjempaka
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.4358

Abstract

The practice of document forgery in civil transactions, often aiming to unjustly benefit one party over another, is a significant concern in many jurisdictions. This necessitates effective civil legal resources for the aggrieved parties to claim redress and compensation. In Indonesia, the approach to legal remedies is bifurcated into preventive and repressive measures, with the former encompassing legal provisions against document forgery and the latter involving the pursuit of civil litigation, as exemplified by cases such as the one adjudicated in Case Number 55/Pdt.G/2021/PnKpn by the Kepanjen District Court in East Java. This research aims to critically examine the civil legal remedies available in Indonesia for cases of document forgery, using the case as a focal point, and to contrast these with the corresponding legal frameworks in other ASEAN countries, including Malaysia, the Philippines, Brunei Darussalam, Singapore, Thailand, Vietnam, and Myanmar. The impetus for this comparative study stems from a recognized gap in the discourse surrounding document forgery within the civil law context. The methodology employed is normative legal research, involving an in-depth analysis of relevant civil codes and case law. This study’s findings highlight the nuances and effectiveness of legal resources against document forgery within these diverse legal systems, aligning with theories of legal protection.
Comparison of Notary Law in Indonesia and Singapore Hussy, Maharani Millenia; Djaja, Benny
Interdisciplinary Social Studies Vol. 2 No. 7 (2023): Special Issue
Publisher : International Journal Labs

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Abstract

Background: In order for a law to evolve, a comparative law is needed, one of which is in Notary Law. Each country has a lot of differences and of course there is a similarity in terms of Positions, Function and Regulation on how to be appointed as a Notary Public. Aim: This study examines the advantages and disadvantages by examining the similarities and differences in Terms, Functions and Position of a Notary between Act Number 2 of 2014 concerning amendments to Act Number 30 of 2004 concerning Notary Positions and the Singapore’s Notaries Public Act 1959. Method: The research method that was used in this research is normative legal research methods that focus on research in legislation, written regulations, and comparative law research. Findings: In Indonesia, notary has more functions and powers compare to Notary in Singapore. To become a Notary, a Notary must have a bachelor degree in law, a Master degree in Notary Education and Undergoes an internship or worked 24 months in a row at notary's office. Meanwhile in Singapore, Notary public is not a legal professional.
Co-Authors Djaja, Benny Tjempaka, Tjempaka