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Regulation of Electronic System-Based Trade in the Framework of the ASEAN Economic Community and its Implications for Indonesia Desi Sommaliagustina; Zainul Daulay; Delfiyanti Delfiyanti; Jean Elvardi
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.4072

Abstract

Electronic trading (PMSE) facilitates transactions, both nationally and internationally. This study aims to examine PMSE regulations within the scope of the ASEAN Economic Community (AEC) and their impact on consumers in Indonesia. This study employs a normative legal method with a descriptive-prescriptive approach. Data collection was conducted through literature review, while data analysis was performed descriptively. The results of the study reveal that PMSE regulations in ASEAN are governed by the ASEAN Blueprint, the ASEAN Charter, and the ASEAN Agreement on E-Commerce (AAEC). The AAEC consists of 19 articles, covering various aspects such as cooperation mechanisms and scope, facilitation of cross-border electronic commerce, cybersecurity, digital payment systems, logistics, transparency, dispute resolution, and agreement implementation. These regulations aim to strengthen cross-border trade in ASEAN, create a business environment that supports Small and Medium Enterprises (SMEs), and strengthen cooperation among member countries to accelerate inclusive economic growth and reduce disparities in the region. Regarding the impact of the ASEAN trade agreement on Indonesian consumers following the implementation of Law No. 4 of 2021, it was found that there are still other national regulations governing e-commerce, including the Electronic Information and Transactions Law (EIT Law), the Trade Law, and Government Regulation No. 82 of 2012 on the Implementation of Electronic Systems and Transactions.
Regulations for Cancellation of a Will with the Existence of Legal Heir Based on Decision Number: 805/PDT/2018/PT.DKI Sepwira Drana Wasistha Putra; Zainul Daulay; Muhammad Hasbi
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8292

Abstract

A will deed is an authentic deed made before a Notary pursuant to Article 15(1) of Law No. 30/2004 on the Notary Profession (amended by Law No. 2/2014). Although a notarial will carries perfect evidentiary power, it may be cancelled when it conflicts with the rights of legitimate heirs (legitieme portie). This normative juridical study employs statutory and case approaches to examine: (1) the regulatory framework for cancellation of a will in the presence of legitimate heirs; (2) the judicial considerations in High Court Decision No. 805/PDT/2018/PT.DKI; and (3) the legal consequences of that cancellation for all parties. Results show that cancellation is governed by Articles 875–940 of the Civil Code; the High Court confirmed that Will Deed No. 32 violated the heirs’ absolute share, rendering it without binding legal force; and the consequences include loss of the deed’s evidentiary power, redistribution of the estate to lawful heirs, and potential civil liability for the Notary.