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All Journal JURNAL HUKUM Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Law Development Journal Sultan Agung Notary Law Review MILRev: Metro Islamic Law Review
Bambang Tri Bawono
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Journal : Jurnal Akta

 1 
The Validity of Electronic Contracts in Software Applications Bambang Tri Bawono
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.10556

Abstract

The development of information and communication technology resulted in the form of agreements turned into electrical forms, which are commonly referred to as electronic contracts. Discussion on electronic contracts refers to Article 46 paragraph (2) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions must also fulfill the legal conditions of the agreement. Based on this case, it is necessary to do a deeper study of the electronic contract, because it certainly has the potential to not fulfill the legal conditions of the agreement.Method research used in this research is library research. While the approach in this study uses a normative juridical approach. The source of legal material in this study uses primary and secondary legal materials.The results of this study state that the validity of electronic contracts in software applications can be canceled and null and void. Electronic contracts in software applications can be canceled because they do not meet the subjective requirements in terms of skills. This is because those who make electronic contracts through click warp have the potential to be immature, because they are under 18 years of age. Especially in the context of the use of smartphones or other devices related to the use of software applications, there are no clear rules regarding the minimum limits of users of such smartphones or devices. While the electronic contract has the potential to be null and void because the electronic contract is potential to conflict with the laws and regulations of Article 47 paragraph (1) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions. Electronic contracts in software applications are generally made using foreign languages, while Article 47 paragraph (1) requires that electronic contracts faced by Indonesian citizens must be made in Indonesian.Keywords: Electronic Contracts; Click Warp Agreement; Terms of Legitimate Agreement. 
The Loan Application with Land Certificate Guarantee Edi Rahadini; Bambang Tri Bawono
Jurnal Akta Vol 8, No 4 (2021): December 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i4.2991

Abstract

Certificates on land as collateral for one's debt, in fact, must be able to replace a debt. But in reality, the guarantee cannot be executed as a substitute for someone's debt. This writing using legal protection theory which is the protection of the dignity and worth, as well as the recognition of human rights owned by legal subjects based on general provisions from arbitrariness or as a collection of rules or rules that will be able to protect something else. That the discussion of the article focuses on: How to apply for a loan with a land certificate as collateral? The purpose of writing this journal is to find out how to apply for credit with land certificates as collateral. This study uses a normative juridical approach, with analytical descriptive specifications. Data obtained by literature study. The conclusions obtained from the writing are: collateral is the ability of the debtor to fulfill or pay off his debt to the creditor, which is carried out by holding certain objects of economic value as dependents on the loan or debt received by the debtor to his creditor. Indeed, a certificate can be used as collateral for a debt, but this cannot be done, because the debt agreement is not followed up with a mortgage agreement.
Notary Authority to Use Retention Right to Keep Documents Based on Custody Agreement in Legal Assurance Review Bambang Tri Bawono
Jurnal Akta Vol 8, No 3 (2021): September 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i3.15440

Abstract

The purpose of this study is to determine and analyze the authority of a notary in retaining documents in the form of a power of attorney to sell and certificates that have transferred their ownership rights to other parties and to identify and analyze the position of heirs who have changed their citizenship on land ownership rights in a review of legal certainty. The approach method used in this research is sociological juridical. The results of the study stated that the storage of SHM certificate No. 2343/Salatiga by Notary WI is based on a safekeeping agreement between KT and notary WI. However, the authority to keep the certificate within a period of one year is no longer valid, considering that KT as the provider of care has changed its citizenship to become a citizen of the Netherlands. This refers to article 21 paragraph (3) of Act No. 5 of 1960 concerning Basic Agrarian Regulations. With the enactment of such provisions, the Notary WI within one year since the inheritance no longer has the right to keep the land certificate SHM No. 2343/Salatiga, considering that KT as the power of attorney no longer has rights to the land.
Co-Authors Achmad Arifullah Achmad Sulchan Ahmad Hadi Prayitno Ahmad Rizal Qomaruddin Amin Purnawan Andri Winjaya Laksana Anis Mashdurohatun Arigonnanta Bagus Wicaksono Aris Munandar Pamungkas Azharuddin Azharuddin Bagus Jatmiko Danang Dwi Cahyo Danang Sanjaya Denny Suwondo Dhian Ekasari Dudu Wawan Setiawan Edi Rahadini Elvira Fitriyani Pakpahan Gunarto Gunarto Gunarto Gunarto Hamdani Marsiawan Haryono Haryono Heni Astuti Iman Faturrahman Ira Alia Maerani Jawade Hafidz Jodi Purgito Joko Kris Sriyanto Julizar Bimo Perdana Suka Khairul Huda Lutfi Anindita Moh. Aris Siswanto Moh. Nurul Huda Mohammad Fadarisman Muhammad Rizky Eka Pratama Preliyanto Puji Utomo R. Sugiharto Ryke Rhimadhila Saharuddin Saharuddin Sarwadi Sarwadi Satria Ardi Yana Sri Endah Wahyuningsih Sri Kusriyah Suwanto Suwanto Umar Ma'ruf Wahyu Baskoro Wahyu Lurus Stiyo Budi Widayati Widayati Wilmar Ibni Rusydan Yheni Dwi Sukmawati Yusril Ilza Amri