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Cyber Notary Kepastian Hukum Penyimpanan Dokumen Notaris Selviany; Rizkianto, Kus; Rahayu, Kanti; Mukhidin, Mukhidin
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 2 (2022): November 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v10i2.105

Abstract

Over time the conventional system will shift and be replaced with an electronic system, and the Notary Institution will slowly have to begin to adjust, especially in the UUJN-P the changes regarding cyber notary are only stated in the explanation of Article 15 Paragraph (3) and only to the extent that the authority to certify transactions electronically has not yet reached the concept of notary protocol storage thinking which is very possible to be carried out electronically with the aim of security and the effectiveness of notary protocol storage. This study aims to: 1) Describe the legal arrangements regarding Cyber Notary; 2) legal certainty of the retention of notarial documents with cyber notary. This study uses a library research method with a normative research approach with qualitative analysis, which describes various arrangements regarding Cyber Notary and legal certainty of notarial document storage. The finding is that the new UUJN-P regulates transactions carried out electronically, but there is no provision on the storage of original minuta deeds and warkah electronically. However, cyber notary The ITE Law in general has regulated the electronic storage of archives or documents although there are no specific rules that list or mention notarial documents or archives. Article 1 number 4 of the ITE Law Amendment states that: "an electronic document is any electronic information created, forwarded, transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar form, which can be seen, displayed, and/or heard through a Computer or Electronic System, including but not limited to writings, sounds, images, maps, designs, photographs or their descriptions, letters, signs, numbers, Access Codes, symbols or perforations that have meaning or meaning or can be understood by a person capable of understanding them. So that various types of electronic documents become an option for more secure document storage for an unlimited time as a concrete form of digitization that can be a reference for electronic storage of notary protocols. Whatever form of storage media must be ensured is data security and legal certainty.
Victim Oriented Plea Bargaining in Indonesia’s Criminal Justice System : Toward Substantive Justice for Victims of Crime Rizkianto, Kus; Rahayu, Kanti; Nunna, Bhanu Prakash
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28841

Abstract

This study examines the formulation of a victim-oriented plea bargaining model to promote substantive justice for both defendants and victims in Indonesia. Plea bargaining refers to a defendant’s admission of guilt through negotiation with the public prosecutor in exchange for a reduced sentence. It may be applied to first-time offenses punishable by a maximum imprisonment of five years and a maximum fine of five hundred million rupiah, provided that the defendant agrees to compensate the victim. However, judicial practice shows that plea bargaining tends to prioritize imprisonment while neglecting victims’ rights to restitution. Using a normative juridical method, this study analyzes statutory regulations and legal literature through qualitative descriptive analysis. The findings reveal two main issues. First, plea bargaining is regulated under Article 78 paragraph (1), Article 205 paragraph (2), and Article 234 paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code, but non-compliance with restitution obligations only results in substitute imprisonment, leaving victims uncompensated. Second, a victim-oriented model should require defendants to apologize, involve victims in negotiations, and ensure agreement on compensation, settlement mechanisms, and criminal sanctions. When defendants are unable to provide compensation, the State should assume responsibility through a victim compensation fund. This study recommends revising the Criminal Procedure Code, establishing state-funded victim compensation, strengthening prosecutorial supervision over plea bargaining agreements, and formulating Supreme Court guidelines to balance defendants’ rights with victims’ substantive justice.