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Journal : International Journal of Business, Law, and Education

Legal Reform Urgency: A Critical Analysis of Notary Officials Convicted More Than Once with Imprisonment Sentences Below Five Years Furqani, Alvie Naufal; Istiqomah, Milda; Sjafi’i, Imam Rahmat
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.339

Abstract

A Notary in Indonesia is a public official appointed by the Minister of Law and Human Rights of the Republic of Indonesia. Its function is crucial in ensuring certainty, order, and legal protection in the realm of civil law. In carrying out their duties, a notary is obliged to maintain the integrity and dignity of their profession by avoiding violations stipulated in the Notary Office Law and Code of Ethics. Administrative sanctions can be imposed on a notary who violates the rules, such as written warnings, temporary suspension, honorable discharge, and dishonorable discharge. Finally, dishonorable discharge can be applied when a notary faces the threat of imprisonment for five years or more. However, if the threat of imprisonment is less than five years, the notary still has the opportunity to resume their profession after serving the sentence. The issue arises when the Notary Office Law does not provide clear provisions regarding the imposition of penalties if a notary faces a criminal threat of less than five years more than once. This situation creates a legal norm vacuum and ambiguity in the role of the Notary Supervisory Board in determining sanctions against notaries who commit such violations.
COMPARISON OF THE CONCEPT OF LEGAL CERTAINITY IN THE REGULATION OF THE DEATH IN THE OLD CRIMINAL CODE AND THE NATIONAL CRIMINAL CODE (INDONESIA) Tantoi, Lalu Alex; Madjid, Abdul; Istiqomah, Milda
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.271

Abstract

The presence of the death penalty in the new National Criminal Code (KUHP) enacted in 2023 has sparked a great deal of controversy. Just like its existence, the death penalty still generates many problems and has both proponents and opponents. This research employs a juridical-normative approach and utilizes methods of legal analysis, conceptual analysis, and comparison. The results reveal that the regulation of the death penalty is more legally uncertain when compared to the previous Criminal Code because it is considered highly open to multiple interpretations, lacks clarity, conflicts with other regulations, and presents numerous loopholes that can be exploited by irresponsible individuals for legal transactions.
Suspension of Detention for Children Acting in Self-Defense as a Form of Special Protection in the Juvenile Justice System Siagian, Nurul Inayah; Aprilianda, Nurini; Istiqomah, Milda
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1198

Abstract

Detention of children in the context of self-defense (noodweer) remains unregulated explicitly in Indonesia's juvenile criminal justice system. Although Article 49 of the Indonesian Penal Code (KUHP) recognizes self-defense as a justifying or excusing ground, children may still be subjected to detention under general procedural provisions in the Criminal Procedure Code (KUHAP). This creates legal uncertainty and increases the risk of disproportionate treatment. This study employs a normative juridical method with a comparative approach, analyzing the German legal system, which limits juvenile detention and emphasizes psychological, educational, and proportionality considerations. The findings show an urgent need for Indonesia to formulate specific legal norms on the suspension of detention for children who commit acts of self-defense. Such reform is crucial to uphold children's rights, prevent criminalization, and support restorative justice principles and humane treatment in the juvenile justice process.