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Pengaturan tentang Kewajiban Pembacaan Akta Oleh Notaris Kepada Penghadap Tuna Rungu Umar Hasan; Syamsir; Muhammad Kaisar Irsandy Arfa
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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Abstract

Arrangements on the Obligation to Read Deed by Notaries to Deaf Client and to find out and analyze future Arrangements on Procedures for Reading Deed by Notaries to Deaf Client. Normative juridical is "normative jurisprudence is a science of law that is sui generic". The type of normative legal research is in the form of an "inventory of applicable legislation, seeking to find the principles or philosophical basis of the laws and regulations, or research in the form of efforts to discover laws that are appropriate to the level of regulation that provides the same treatment for deaf people in the drafting of Notary deeds in articles. The mechanism for the issuance of notarized deeds submitted by deaf persons already exists and can be referred to as a reference in making notary deeds, then notary deeds can be made with this mechanism. Legal support against the deaf in the text of the Notarіs deed. The regulation on the obligation to read the deed by a notary to the deaf person has not been accommodated, there is an ambiguity in the norm in Article 43 paragraph (2) of the UUJN-P, where Article 43 paragraph (2) of the UUJN-P does not provide a detailed explanation regarding the person who does not understand the language. Future arrangements regarding the procedure for reading the deed by a notary to a deaf person against Article 43 paragraph (2) of the UUJN-P need to be clarified.
Pertanggungjawaban Hukum Notaris atas Pembuatan Akta di Luar Wilayah Jabatan dalam Perspektif Kepastian Hukum Indah Ayu Silvyana; Umar Hasan; Meri Yarni
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 3 (2026): SENTRI : Jurnal Riset Ilmiah, Maret 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i3.5896

Abstract

The territorial authority of notaries in Indonesia is regulated in Law No. 30 of 2004 concerning Notary Positions, as amended by Law No. 2 of 2014. This territorial limitation aims to ensure that the deeds made by notaries have valid evidentiary power and do not exceed the granted authority. However, the practice of making deeds outside the territorial jurisdiction still occurs, leading to legal issues regarding the validity and legal certainty of such deeds. This study aims to analyze the legal responsibility of notaries who create deeds outside their territorial jurisdiction and the implications that arise from such actions. The research employs a normative legal method with statutory and conceptual approaches. The findings indicate that making a deed outside the designated jurisdiction may be considered ultra vires, resulting in the deed losing its authentic nature and being inadmissible as legal evidence in court. Additionally, notaries may face civil, administrative, and professional ethical sanctions. This study emphasizes the importance of strict supervision over notarial jurisdiction to maintain the integrity of the profession and protect the legal rights of the public. In conclusion, the regulation of territorial authority for notaries must be enforced rigorously to ensure legal certainty and prevent harm to the parties involved.
Consumer Protection in the Fintech Peer-to-Peer Lending Ecosystem in Indonesia Based on the Principles of Justice and Legal Certainty Mohd Ikrom Yuserma; Umar Hasan; Indriya Fathni
Journal of Citizen Research and Development Vol. 3 No. 1 (2026): Mei 2026
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/jcrd.v3i1.8478

Abstract

This study aims to analyze the regulation of consumer protection within the fintech peer-to-peer lending ecosystem in Indonesia based on the principles of justice and legal certainty. The results of the analysis indicate that: First, the regulation of fintech peer-to-peer lending services in Indonesia is governed by Law Number 8 of 1999 concerning Consumer Protection and the Financial Services Authority Regulation Number 10/POJK.05/2022 on Technology-Based Collective Funding Services. These regulations provide a legal framework that guarantees consumer rights, including the right to security, comfort, and safety in transactions, as well as the obligation of providers to maintain data confidentiality, provide complaint mechanisms, and conduct business activities transparently and responsibly. However, the existing regulations are still general and partially implicit, which in practice poses challenges regarding the certainty of providers’ responsibility for consumer losses, particularly in terms of direct compensation. Second, consumer protection in the implementation of fintech peer-to-peer lending must be based on the principles of justice, balance, and legal certainty. These principles require equality of rights and obligations between providers and consumers, transparency of information, accountability, and effective dispute resolution mechanisms. Although supervisory mechanisms and administrative sanctions by the Financial Services Authority (OJK) have been established, legal certainty for consumers regarding compensation for losses still requires more explicit and specific regulations to avoid ambiguities. Clearer regulations would provide consumers with more effective legal protection, while encouraging providers to improve service quality and transaction security, thereby creating a fair, transparent, and trustworthy fintech ecosystem in Indonesia. Furthermore, existing regulations do not yet strengthen the obligation of providers to create written agreements electronically for all parties involved in transactions, leaving the rights and obligations of each party unclear and potentially resulting in the loss of provider accountability. Strengthening electronic written agreements aims to ensure comprehensive consumer protection and prevent potential disputes in the future.