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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah PAUD Teratai Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Jurnal Ilmiah Hukum LEGALITY Lectura : Jurnal Pendidikan Pena Justisia: Media Komunikasi dan Kajian Hukum Law Development Journal Sultan Agung Notary Law Review Audi Et AP : Jurnal Penelitian Hukum International Journal of Law Society Services Jurnal Ilmiah Sultan Agung Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora KOPEMAS Jurnal Konstatering TABELLIUS
Lathifah Hanim
Faculty Of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang
Religion Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Legal Protection for Losses Caused by Online Arisan Hanim, Lathifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3525

Abstract

The purpose of this research is to analyze (1) The Position of Oral Agreement in Online Arisan According to Civil Law and (2) Legal protection for losses caused by online-based arisan. The type of research used in empirical juridical research, with the type of legislative approach and conceptual approach. The results of the research are (1) The position of Oral Agreement in Online Arisan according to Civil Law is valid and binding for both parties who make it. This is based on the principle of freedom of contract, that contracts can be made in any form, whether written or unwritten (oral). As long as the two parties making the agreement both agree and the contents of the agreement to be made do not at all contradict the laws of decency, public order and laws that apply in society. In addition, oral agreements that occur in online arisan are also included as innominaat contracts or unnamed agreements. An unnamed agreement is an agreement whose form and type are not mentioned in the Commercial Code or Civil Code. (2) Legal protection for losses caused by online-based arisan, protection can be obtained by the injured party in the form of compensation or good faith from the admin or parties who violate the contents of the agreement that has been made. And if all the evidence reported is clear, including the type of agreement. Although in Article 1320 of the Civil Code, the agreement does not have to be in writing, but if the party has carried out the contents of the agreement, the party who committed the violation can be prosecuted legally, it is an effort to protect the parties of online arisan members.
Effectiveness of Online Single Submission (OSS) Implementation For Limited Company Legal Entities Registration By Notaries Yalala, Nuranu; Hanim, Lathifah; Taufan, Taufan
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study was made with the aim of knowing the Effectiveness of the Implementation of Online Single Submission (OSS) for Registration of Legal Entities of Limited Liability Companies (PT) by a notary in Wonosobo Regency based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services. The approach method in this research is sociological juridical with descriptive research specifications. The data needed in this research includes primary and secondary data taken by observation, interviews with informants who understand, understand, and are in direct contact with the research object. The collected data is then analyzed qualitatively. Based on the research, it can be concluded that the limited liability company deed is made by a notary like other authentic deeds such as the provisions in Act No. 2 of 2914 regarding amendments to Act No. 30 of 2004 concerning the position of a notary and Article 1686 of the Civil Code with the requirements stipulated in Act No. 40 of 2207 concerning limited liability companies. In Wonosobo Regency, the online single submission system is considered ineffective because there are still confusions for legal subjects in running the system in full. Furthermore, the OSS system is considered to still tend to be weak. There are certain times when the OSS system page cannot be accessed, cannot enter the Log-In page, and a system error occurs during the issuance process of the Business Identification Number (NIB), so the user must repeat data input from the beginning again, because there is no automatic backup feature when the connection with the server is lost.
Registration of Land Property Rights Results of Exchange with Village Cash Land through the Complete Systematic Land Registration Program Dwijayanto, Kurniawan Yoganing; Hanim, Lathifah
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Complete Systematic Land Registration (PTSL) is a land registration process for the first time, which is carried out simultaneously and covers all land registration objects that have not been registered in a village or sub-district area or other names equivalent to that. Land is not always located in strategic areas. There are several processes including land swaps.The aim of this research is to find out and analyze the process of registering freehold land as a result of an exchange with village treasury land through the PTSL program until the issuance of a freehold certificate in Cilacap district; To find out and analyze the obstacles and solutions faced by the Petitioner, the Regional Government of Cilacap Regency, and the Cilacap Regency Land Office in the Process of Registering Freehold Land as a result of an Exchange with Village Treasury Land through PTSL until the issuance of a Freehold Certificate in Cilacap Regency.In this study, the type of Juridical Sociological research was used, the research specifications were descriptive in nature. The data sources used by the authors were primary data and secondary data. The results of this study areThe process of exchanging community land for village treasury land in Cilacap Regency complies with applicable regulations, namely in accordance with the Letter of the Cilacap Regent dated 22 December 2004 Number: 143/033/00. While the process of registering freehold land as a result of swaps with village treasury land through the PTSL Program in Cilacap Regency is in accordance with the PTSL technical instructions Number 1/Juknis-100.Hk.02.01/I/2021 and has been completed until the issuance of the Freehold Certificate. The Petitioner and the Regional Government in implementing the Registration of Freehold Land as a result of the Exchange with Village Treasury Land through the PTSL Program until the issuance of the Freehold Certificate in Cilacap Regency did not encounter any obstacles. Meanwhile, the obstacle faced by the Cilacap District Land Office is that the distance between the swap process and the very long land registration, which is 18 years, raises obstacles. Keywords: Exchange; Land; Registration; Village.
Notary's Responsibility for Errors in the Authentic Deed Making Process Yuhana, Shaza Refa; Hanim, Lathifah; Gunarto, Gunarto
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze the notary's responsibility for errors in the process of making authentic deeds based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. This study uses a sociological juridical approach with descriptive analytical research specifications, using primary and secondary data collected through literature studies and interviews, then analyzed qualitatively. Based on the study, it is concluded that notaries have legal responsibilities that include civil, criminal, and administrative aspects when errors occur in the process of making authentic deeds. Errors can be categorized into five types, namely errors related to the parties present, the object of the deed, the content of the deed, the formality of the deed, and the notary protocol. The legal implications of these errors can result in the deed being canceled, null and void, or only having evidentiary force as a private deed. The analysis of the case of the High Court Decision Number 166/PDT/2018/PT YYK shows that a simulated deed can be declared null and void and provides legal certainty. Error prevention can be done through a thorough understanding of the regulations, caution, thoroughness in carrying out duties, and proper notary protocol keeping.
Legal Aspects of Electronic Storage of Notarial Deed Minutes Azza Baharuddin, Alief; Hanim, Lathifah
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

UUJN Amendment Article 1 Number 1 defines a notary as a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. UUJN Amendment Article 16 paragraph (1) letter b states that in carrying out his/her position, a notary is required to make a deed in the form of minutes of the deed and store it as part of the notary protocol. The purpose of the study was to determine and analyze the legal aspects (regulations) of storing minutes of notary deeds electronically and to determine and analyze how to overcome data leaks of minutes of notary deeds stored electronically. The type of research is in the form of normative legal research with a statutory approach method supported by secondary data sources through library data collection and using a prescriptive analysis method. The results of the study are: (1) The legal aspects of storing minutes of notary deeds electronically are proven by the Notary Law not being able to keep up with technological developments that facilitate and provide security for notaries in carrying out their obligations, because there are no norms that regulate notaries so that they can store minutes of deeds electronically. (2) The method for dealing with leaks of notarial deed minutes data stored electronically is to scan the deed minutes file which is then stored on an external hard disk to accommodate the deed minutes document throughout the notary's term of office, create a special deed minutes storage server owned by the notary through the notary professional organization at each regional level and access to view notarial deed minutes stored electronically is only given to parties who have authority over the deed minutes such as notaries and the notary supervisory board which consists of government elements, notary elements and expert or academic elements.
Legal Protection for Debtors in Transactions Financing with Fiduciary Guarantee Arafah, Arina Manasikana; Hanim, lathifah
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) Legal protection for debtors in financing transactions with fiduciary guarantees. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees. This type of research is included in the scope of empirical legal research. The approach method in this study is a sociological juridical approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal protection for debtors in financing transactions with fiduciary guarantees aims to provide a sense of security and legal certainty for debtors in carrying out their obligations. Based on applicable legal provisions, the rights of debtors are protected through a fiduciary agreement that regulates the rights and obligations of each party. In this agreement, BPR BKK Demak as the lender is required to comply with applicable legal provisions regarding fiduciary guarantees, including fiduciary registration procedures so that the guarantee is legally valid. In addition, if the debtor experiences default or failure to pay, the BPR must execute the fiduciary guarantee in a manner that is in accordance with the procedure and does not violate the rights of the debtor. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees Obstacles in legal protection for debtors in financing transactions with fiduciary guarantees include the lack of understanding of debtors regarding their rights and obligations, minimal supervision of the fiduciary guarantee registration process, and guarantee execution practices that are often not in accordance with procedures. These obstacles can cause legal uncertainty and unfair treatment for debtors. Solutions to overcome this problem include increasing education for debtors about their rights, stricter supervision from the government or supervisory institutions in fiduciary registration, and implementing guarantee execution standards that are in accordance with legal provisions.
Legal Protection for People with Disabilities in the Making of Authentic Notary Deeds Nor Hariani, Dea; Hanim, Lathifah
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.393-405

Abstract

Legal protection for persons with disabilities in the making of authentic deeds is an important issue in notarial practice in Indonesia. Although constitutionally every citizen has equal status before the law as specified in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in practice persons with disabilities still face various obstacles in accessing legal services, particularly in the making of authentic deeds before a notary. These obstacles arise from regulatory, technical, and cultural aspects, especially concerning formal requirements such as signing the deed, the use of sign language interpreters for the deaf, and the reading of the deed for the blind. This research employs a normative legal research method. The approaches used are the statute approach, the conceptual approach, and the case approach by examining the Supreme Court Decision Number 121 K/Pdt/2016 as the main secondary legal material. The type of data used is qualitative with secondary data obtained through literature study, while data analysis was carried out descriptively and analytically. The results of the research indicate that the legal status of persons with disabilities in the making of authentic deeds has not been optimally protected due to normative gaps in the Notary Law, which does not explicitly regulate reasonable accommodation. Supreme Court Decision Number 121 K/Pdt/2016 affirms that physical limitations do not eliminate the legal capacity of persons with disabilities, thereby confirming their right to conduct legal acts. The decision has become progressive jurisprudence that provides substantive legal protection, promotes inclusive notarial practices, and aligns with Law Number 8 of 2016 on Persons with Disabilities, the principles of justice in Islam, and Social Justice as enshrined in Pancasila.
Legal Protection of Notaries in Executing Their Office in the Digital Era Nur Kusumah, Rizqa; Hanim, Lathifah
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.351-358

Abstract

This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.
Legal Protection of Notaries in Executing Their Office in The Digital Era Nur Kusumah, Rizqa; Hanim, Lathifah
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the forms of legal protection for Notaries in carrying out their duties in the digital era and identify obstacles that arise in its implementation. The digitalization of legal services has encouraged the use of electronic documents and electronic signatures, but at the same time raises new issues related to the validity of deeds, official authority, data security, and the risk of criminalization for Notaries as public officials. This study uses a normative-empirical legal research method with a statutory, conceptual, and sociological approach. Primary data was obtained through interviews with active Notaries, while secondary data was obtained from a library study of laws and related literature. Data were analyzed qualitatively with a deductive mindset to obtain a comprehensive picture of the dynamics of legal protection in the digital era. The research results show that legal protection for Notaries in the digital era includes preventive protection through the regulation of authority, supervision by the Supervisory Board and the Notary Honorary Council, and electronic data security mechanisms in accordance with the ITE Law and the PDP Law. Repressive protection is realized through dispute resolution and legal mechanisms in the event of alleged misconduct. However, several obstacles were found, including a lack of norms regarding electronic deeds, limited technological infrastructure, low digital literacy among Notaries, and the absence of uniform data security standards. This research recommends the establishment of specific regulations regarding digital notaries, strengthening cybersecurity systems, and improving digital competence for Notaries to create a safe and equitable digital notary system.
Co-Authors Abdul Syukur Aditya Rahma Wicaksono Adityo Putro Prakoso Ahmad Iksan Ahmad Ramadan Akhmad Khisni Akril Setiawan Amin Purnawan Anandayu Noor Anggiarini Anggrin Gayuh Praptiwi Anis Mashdurohatun Anita Afrelia Arafah, Arina Manasikana Arif Bahtiar Jefry Azhar Muzakir Azza Baharuddin, Alief Beni Aji Chatarina Umbul Wahyuni Demi Hadiantoro Devi Nindy Lestari Dewi, Rurin Mariyasi Dian Melina Didit Wardio Dini Amalia Fitri Djunaedi Djunaedi Dwi Fahri Hidayatullah Dwi Wahyono Dwijayanto, Kurniawan Yoganing Ely Cahyawati Erina Permatasari Fertin Fertin Fransiskus Saverius Nurdin, Fransiskus Saverius Gigih Bella Wicaksono Kenedy Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto H.Djunaedi H.Djunaedi H.Dwi Wahyono Halim Ady Kurniawan Hanif Dzaki Hartini Hartini Indah Rachmawati Indra Narotama Jawade Hafidz KERI SANTOSA Krisna Rendi Awalludin Kustiawan, M. Sjaiful Lia Malini Sari Lila Kurniawati Khisni Lutfia Syalwa Rufaida Mahali, M. Ubab Sohibul Mangirim Limbong Marcelelyan, Angelique Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Moch. Adimas P Mochammad Yefrie Dwi Oga Mohammad Shofii Noorman Noorman MS Noorman MS Noorman, MS MS. Noorman MS. Noorman MS. Noorman Muhammad Hakiki Dharmawan Muhammad Zaky Mushaffa Muhammad Zulfa Munsharif Abdul Chalim Munsharif Abdul Chalim Munsharif Abdul Chalim Ngadino Ngadino Noor Rachmawati Noorman, Mohammad Shofii Noorman Nor Hariani, Dea Nur Kusumah, Rizqa Nurcahyo Pratomo Widodo Peni Rinda Listyowati Pratis Widyalestari Priyo Utomo Purba, Ruth Cheline Eglesya Rahmanto, Ihsanat Fadhil Rifki Ardhianto Rinda Listyawati, Peni Ristanto, Sandy Chesar Ristikowati, Mei Rizki Adi Pinandito Rya Rizqi Amalia Saifuddin Saifuddin Semiyanto Semiyanto Septian Nanang Pangestu Seri Suharsa Siti Anggraini Siti Ummu Adillah Soegianto Soegianto Solikun Ni'am Subekhan Subekhan Sudiyo . Sukarmi Sukarmi Sulistyani, Ratu Vidi Tatik Arjiati Taufan, Taufan Tegar Kurnia Priambudi Vinorika Padmadayani Wahyu Sriyono Widhi Handoko Yalala, Nuranu Yanto Risdianto Yensih Yensih Yuhana, Shaza Refa Yuliana Zamrotul Khusna Yuniarto Prasetyo Aji