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Unlawful Acts Committed By A Substitute Notary Regarding the Mortgage Deed they Drafted Nadia Tasha Juniar; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.882

Abstract

The role of a notary is indispensable, as notaries are tasked with the duty and obligation to draft authentic legal deeds, which hold great significance, particularly in a legal state such as Indonesia. In certain circumstances, notaries may be required or permitted to take a leave of absence, commonly referred to as notary leave. To prevent any gaps in service, a substitute notary is appointed in accordance with prevailing regulations. These substitute notaries, in fulfilling their duties, are bound by the Law of The Republic of Indonesia Number 30 Of 2004 on Notary Profession. However, in the course of executing their responsibilities, a  Substitute Notary may contravene the Law on the Rules of Notary Profession or engage in unlawful act, raising questions regarding the accountability of a Substitute Notary in cases where they commit unlawful acts, such as in verdict number 395/Pdt.G/2011/PN. JKT. Sel. Writing method used in this study is a normative juridical research method.
Legal Validity with Artificial Intelligence Technology on Gpt Chat as Legal Aid Ahzaza Fahrani; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.891

Abstract

The use of Artificial Intelligence (AI) technology, such as ChatGPT, in providing legal assistance in Indonesia presents new potential for improving accessibility and efficiency. However, there remains uncertainty regarding the legal liability for errors that may occur in the legal advice provided by AI. This study aims to explore the legal validity of using AI in providing legal aid and to examine how legal liability may be attributed to service providers if mistakes occur. By reviewing Law No. 18 of 2003 on Advocates, Law No. 8 of 1999 on Consumer Protection, and Law No. 27 of 2022 on Personal Data Protection, this study highlights the importance of specific regulations to ensure that AI use in legal assistance adheres to legal and ethical standards. Additionally, the study discusses legal protection for AI service users, particularly regarding personal data security and consumer rights. The conclusion emphasizes the need for a clear regulatory framework to ensure that AI use in the legal field provides optimal benefits without compromising security and legal certainty for users.
Determination of Inheritance Rights for Transgender Individuals According to Positive Law in Indonesia Dian Ayu Rizkika; Gunawan Djajaputra
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4338

Abstract

This study aims to analyse the legal position of transgender inheritance in the inheritance system in Indonesia concerning customary law, the Compilation of Islamic Law, and applicable civil law. This study uses a normative legal method with a regulatory-legislative approach and a contextual approach. The data sources used include relevant laws and regulations, Islamic legal doctrines, and court decisions related to transgender inheritance cases in Indonesia. The analysis examined the relationship between applicable legal provisions and legal practices in society. The novelty of this study lies in a comprehensive analysis of the position of transgender people in Indonesian inheritance law and the identification of alternative solutions outside the conventional inheritance system. The results of this study reveal that although Islamic law does not recognise gender change about inheritance status, there is no explicit prohibition in the KHI regarding the distribution of inheritance to transgender people. Therefore, mechanisms such as grants, agreements, and wills are legal alternatives that can be used to provide part of the property to transgender people in a family. The results of the study indicate that in the legal system in Indonesia, transgender people do not have specifically recognised inheritance rights. However, legal provisions allow the use of other instruments such as grants and wills to provide property to transgenders without violating the principles of Islamic law or positive law. The study concluded that although there are no explicit regulations regarding inheritance rights for transgender individuals, alternative mechanisms in Indonesian inheritance law can be used to ensure justice for all parties. Therefore, more inclusive legal policies are needed so that this issue can be adequately accommodated in the national legal system.