Articles
<![CDATA[Unlawful Acts Committed By A Substitute Notary Regarding the Mortgage Deed they Drafted ]]>
<![CDATA[Nadia Tasha Juniar]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.882
<![CDATA[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.]]>
<![CDATA[Legal Validity with Artificial Intelligence Technology on Gpt Chat as Legal Aid ]]>
<![CDATA[Ahzaza Fahrani]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i1.891
<![CDATA[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.]]>
<![CDATA[Determination of Inheritance Rights for Transgender Individuals According to Positive Law in Indonesia ]]>
<![CDATA[Dian Ayu Rizkika]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ JUSTISI Vol. 11 No. 2 (2025): JUSTISI ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Sorong ]]>
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DOI: 10.33506/js.v11i2.4338
<![CDATA[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.]]>
<![CDATA[Implikasi Akta Pernyataan Keputusan Rapat berdasarkan RUPS yang tidak didaftarkan kepada Menteri Hukum dan HAM (Studi Kasus Putusan No 1056/Pdt.G2020/PN.Jak.Sel) ]]>
<![CDATA[Angeline]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 5 No. 1 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik ]]>
Publisher : <![CDATA[Dinasti Review Publisher ]]>
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DOI: 10.38035/jihhp.v5i1.3145
<![CDATA[Isu hukum artikel ini yakni terkait Putusan No 1056/Pdt.G2020/PN.Jak.Sel terhadap implikasi akta pernyataan keputusan rapat berdasarkan RUPS yang wajib didaftarkan kepada Menteri Hukum dan Ham, tetapi dalam kasus putusan ini, tidak didaftarkan hingga lewat waktu 30hari. Artikel ini menggunakan tipe penelitian yuridis normative dengan kajian data sekunder. Hasil analisis yakni, Pelaksanaan Rapat Umum Pemegang Saham (RUPS) pada putusan tersebut, dengan salah satu agenda yakni persetujuan pemindahan/pengalihan hak atas saham, yang kesemua rangkaian tercatat dalam Risalah RUPS. Setelah rapat RUPS selesai, risalah RUPS dituangkan kedalam akta pernyataan keputusan rapat (akta PKR) yang didalamnya juga memuat persetujuan pemindahan/pengalihan hak atas saham, sesuai hasil risalah RUPS pada kasus putusan tersebut, yang kemudian wajib didaftarkan ke Menteri Hukum dan Ham. Dalam Putusan No 1056/Pdt.G2020/PN.Jak.Sel akta notaris tersebut tidak didaftarkan ke Menteri Hukum dan Ham hingga lewat waktu ketentuan yakni selama 30hari, dikarenakan para pihak yang terkait dalam akta pemindahan hak atas saham tidak melaksanakan prestasi atau transaksi pemindahan saham yang telah disetujui didalam RUPS dan termuat dalam akta PKR maupun akta penyertaan pemindahan hak atas saham. Dengan demikian, akta PKR hasil dari RUPS maupun akta pemindahan hak atas saham yang tidak didaftarkan ke Menteri Hukum dan Ham, terdegradasi dari akta autentik menjadi akta dibawah tangan. Akta autentik yang terdegrasi tersebut berimplikasi terhadap tidak memiliki kekuatan pembuktian yang sempurna.]]>
<![CDATA[EFFORTS AND LEGAL CERTAINTY IMPLEMENTATION OF ACQUIRED ASSETS (AYDA) BY THE BANK BASED ON LAW NUMBER 4 OF 1996 CONCERNING COLLATERAL RIGHTS TO LAND AND OBJECTS RELATED TO LAND ]]>
<![CDATA[Riwenda Septiani]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.995
<![CDATA[Implementation of AYDA in the field often experiences obstacles that can cause delays in the implementation of AYDA and takes 1 (one) year to 5 more years to complete the AYDA even to the point where the process stops or gets stuck and in practice there are still many who don't follow the system set forth. regulated by UUHT. So this will cause legal uncertainty for the object of Mortgage Rights controlled by the bank so that it violates the aspect of Guarantee Law that guarantees cannot be owned by creditors. The formulation of the research problem (1) What legal steps can be taken if the implementation of the AYDA is not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land? (2) What is the legal certainty of the Mortgage Object Controlled by the Bank in the Implementation of Foreclosures of More Than 1 (One) Year? The research method used is normative legal research method. The primary legal material used is the applicable laws and regulations relating to the issues to be discussed. The secondary legal materials used in this writing consist of: (1) books related to the legal issues at hand; (2) Results of research/scientific work relating to the legal issues at hand; (3) Legal magazines/journals/articles on legal issues encountered. tertiary Legal Materials, at this writing, namely: Big Indonesian Dictionary; legal dictionaries; Encyclopedia; Newspaper. The results of the study show that legal remedies that can be taken if the implementation of the AYDA are not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, namely ordinary legal remedies and extraordinary legal remedies. Legal Certainty of Mortgage Objects Controlled by Banks in the Implementation of Foreclosures of More Than 1 (One) Year, namely Mortgage Objects in principle cannot be owned by creditors as referred to in Article 12 of the Mortgage Law. To protect this principle, Article 12A of the Banking Law stipulates that collateral purchased by a bank must be resold as quickly as possible in order to pay off its receivables because banks are not allowed to own the collateral that has been purchased. This is an embodiment of legal certainty on the Mortgage object that is controlled by the bank in implementing the AYDA for more than 1 (one) year. Legal certainty in this regulation is to maintain the principle that the guarantee is not to own the goods, but is used to guarantee that the debtor will carry out his obligations until they are paid off or if they fail, they can be sold as soon as possible to pay off the debtor's debt.]]>
<![CDATA[LEGAL STATUS OF ADOPTED CHILDREN IN THE CIVIL INHERITANCE LAW BASED ON ARTICLE 832 OF THE CIVIL LAW BOOK ]]>
<![CDATA[Wulan Agustini]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.996
<![CDATA[Adoption of children based on Article 1 number 2 of Government Regulation Number 54 of 2007 concerning the Implementation of Adoption states that: "A legal act that diverts a child from the environment of power of parents, legal guardians, or other people who are responsible for the care, education and upbringing of children the child, into the adoptive parent's family environment. The rights of adopted children regarding property left by adoptive parents is an inheritance problem that occurs in many communities. Regarding inheritance rights that arise after a parent dies, there is a difference in the amount of inheritance obtained by adopted children and biological children. In fact, sometimes adopted children are still considered not part of the family, which in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as the distribution of inheritance. The formulation of the problem in this study: (1) What is the legal position of adopted children in civil inheritance law based on Article 832 of the Civil Code? (2) What is the legal protection for adopted children in the distribution of inheritance? The research method used is normative legal research method. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia and the Civil Code. The secondary legal materials are in the form of all legal publications which are not official documents. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that the legal position of adopted children in civil inheritance law based on Article 832 of the Civil Code, namely the Civil Code does not specifically regulate the inheritance rights of adopted children, but they are entitled to a share through a will grant. The Civil Code only regulates the recognition of children out of wedlock. The Netherlands once regulated it in Staatsblad No. 129 of 1917 which applies to the Chinese group. Based on the Criminal Code there are restrictions in terms of making a will, namely regarding the size of the inheritance to be distributed to heirs which is called ligitime portie which is regulated in Articles 913-929 of the Criminal Code. Legal protection for adopted children in the distribution of inheritance according to Philipus M. Hadjon is divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection provides an opportunity for the child to submit objections or opinions before a government decision violates children's rights, the aim is to prevent violations of children's rights. Repressive legal protection is a legal protection for prosecution by the government whose purpose is to resolve disputes.]]>
<![CDATA[GRONDKAART LEGALITY AS EVIDENCE OF LAND TENURE RIGHTS BY PT. KAI ACCORDING TO AGRARIAN LAW ]]>
<![CDATA[Sahati]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.998
<![CDATA[Grondkaart or block maps are documents that prove the ownership of assets which are wealth for an institution or company that must be maintained. There are several things that are still being debated regarding the position or legality of Grondkaart itself. One state company that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets PT. KAI is a legacy of the Dutch railroad company which was subject to nationalization, the land often causes disputes due to evidence of land tenure in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The formulation of the problem in this article is (1) What is the position of Grondkaart as a basis for rights or evidence of land tenure according to Indonesian Agrarian Law? (2) How is the legal protection and legal certainty of Grondkaart as proof of land ownership by PT KAI so that it can provide a solution to land problems for the residents of Miji Mojokerto? The research method used in this article is the normative legal research method with statutory, conceptual and case approaches. The technique used in the analysis of legal material is to use grammatical interpretation and systematic interpretation. The results showed that Grondkaart's position was not regulated in Law No. 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation No. 10 of 1960 Jo. Government Regulation Number 24 of 1997 concerning Land Registration, this has resulted in that Grondkaart is not a strong proof of ownership of railway land, but can be used as a basis for ownership or as the basis for PT. Kereta Api Indonesia (Persero) to register their land in order to obtain a strong Certificate of Land Rights. Grondkaart is proof of PT KAI's land ownership which if in the process of securing assets a dispute occurs it can be used as proof of ownership where rights have never been renewed.]]>
<![CDATA[DETERMINATION OF BREACH IN ORAL LENDING AGREEMENTS WITHOUT AGREEMENT OF RETURN TIME REVIEWED FROM THE AGREEMENT LAW ]]>
<![CDATA[Satria Gunawan]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.1006
<![CDATA[The agreement in its implementation constitutes a binding legally binding between one party to another party who enters into the agreement. Agreements can be made orally or in writing provided that they do not conflict with the provisions stipulated by laws and regulations. Sometimes in the implementation of the agreement, the parties sometimes do not carry out the contents of the agreement, so that in practice the legal system in Indonesia is known as a default or broken promise. In 2011, there was a dispute between Manginar Sagala and Absen Malau regarding the loan provided by Manginar Sagala to Absen Malau. In the loan agreement, it was agreed that Manginar Sagala would lend Rp. 137,000,000. - (one hundred thirty seven million rupiah) to Absen Malau where this agreement was made orally. However, until 2017, Absen Malau had no good faith intention to repay the loan and challenged him by saying that he would just put me in prison. On December 4, 2020 Manginar Sagala through his attorney sent a letter of warning/subpoena to Absen Malau but there was no response at all from Absen Malau. So that Manginar Sagala sued Absen Malau at the Medan District Court with a lawsuit that Absen Malau had defaulted (broken promise). What is the formulation of this research problem regarding the provisions regarding verbal loan agreements? As well as how is the determination of default in the loan agreement orally without an agreed return time in terms of the law of the agreement? The method used in this research is the normative legal method. The results of the analysis show that the provisions regarding verbal lending and borrowing agreements when viewed from the form of the agreement, whether written or oral or non-contractual, will not affect the binding strength of an agreement as long as the essence of the agreement made does not conflict with applicable legal principles.]]>
<![CDATA[LEGAL CERTAINTY OF BPJS KESEHATAN CARD REQUIREMENTS IN THE TRANSFER OF LAND RIGHTS ]]>
<![CDATA[Teguh Ariyanto]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.1012
<![CDATA[This article aims to analyze and examine the legal certainty of the prerequisites for the BPJS card in transferring land rights and the legality of transferring land rights without attaching a BPJS card after Presidential Instruction No. 1 of 2022. This article uses a normative legal research method. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration and Presidential Instruction Number 1 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that legal certainty is a prerequisite for BPJS cards in transferring land rights, namely the government does not actualize aspects of legal certainty as prerequisites for BPJS cards in transferring land rights where legal regulations must be implemented consistently and consequentl.]]>
<![CDATA[AUTHORITY OF THE NOTARY IN MAKING CERTIFICATE OF INHERITANCE FOR INDONESIAN CITIZENS ]]>
<![CDATA[Hanifah]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i5.1015
<![CDATA[This article aims to discuss the authority of a notary regarding the making of an inheritance certificate for Indonesian citizens and the legal certainty of an inheritance certificate for Indonesian citizens made by a notary based on Article 106 of Law Number 23 of 2006 as Amended by Law Number 24 of 2006. 2013 concerning Population Administration. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this study are the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2006 concerning Citizenship, Law Number 23 of 2006 as amended by Law Number 24 of 2013 concerning Population Administration, Regulation of the Minister of Agrarian Affairs/Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the third Amendment to Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Government Regulation No. 24 of 1997 concerning Land Registration, Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary. The secondary legal materials include textbooks, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that the Notary's Authority in making inheritance certificates for Indonesian citizens is valid. Because a Notary as a public official is given the authority to carry out some of the state's duties in making authentic evidence in the field of civil law whose authority is regulated in a separate regulation. The legal certainty of a certificate of inheritance for Indonesian citizens made by a Notary has perfect evidentiary power.]]>
