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MEDIATION EFFECT OF NOTARY VERIFICATION DALAM PERJANJIAN WARISAN DIGITAL Henny Saida Flora; edison; Taqyuddin Kadir
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ttz7qh07

Abstract

The advancement of digital technology has transformed various aspects of human life, including the management of digital inheritance comprising assets such as cryptocurrencies, online accounts, and digital intellectual property rights. However, the transfer of digital inheritance often encounters both legal and technical obstacles, particularly in relation to authentication, identity verification, and disputes among heirs. This study aims to explore how notarial verification functions as a mediator in digital inheritance agreements, examining whether such verification can bridge conflicts or enhance legal certainty. The research adopts a normative juridical approach combined with comparative perspectives from religious (Islamic and Christian) and customary law systems to analyze mediation principles and the validity of notarial verification across different legal traditions. The findings reveal that notarial verification plays a significant mediating role by reducing potential disputes over digital inheritance, facilitating consensus among heirs, and reinforcing the certainty of digital inheritance execution— provided that verification procedures and standards are properly regulated. The discussion links these findings to emerging practices of digital notarization and mediation mechanisms in religious and customary law. In conclusion, notarial verification as a mediating instrument holds strategic potential in digital inheritance agreements, particularly when supported by adaptive regulations that accommodate the unique characteristics of digital assets. 
Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study: Keadilan Restoratif pada KUHP Baru di Indonesia: Suatu Studi Hukum Profetik Flora, Henny Saida
Rechtsidee Vol. 10 No. 2 (2022): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v11i0.836

Abstract

The existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law.
Position of a Single Judge in a Small Claim Court: Role and Responsibilities Flora, Henny Saida; Adiasih, Ning; Lumban Gaol, Selamat; Mustikarini, Indriyana Dwi; Koynja, Johannes Johny
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.903

Abstract

In the context of litigation, a simple lawsuit is one that has no legal recourse. It is an objection that is heard by judges who are senior in the field. This type of lawsuit is convenient for the community at large, encompassing companies, People's banks, and other banks whose proof is simple. The data collection methods employed in this research are observation, interview, and documentation. The subject of this research is the application of a straightforward lawsuit in the Jakarta District Court, specifically, the types of cases that may be resolved by such a suit. This is a qualitative study employing an empirical juridical approach, employing a descriptive methodology. This research provides a conclusion that a simple lawsuit based on Supreme Court Regulation Number 4 of 2019 represents a significant advancement over Supreme Court Regulation Number 2 of 2015. However, it was subsequently amended by Supreme Court Regulation Number 4 of 2019. The value of the lawsuit is set at IDR 500,000,000.00, with a case subscription period of 25 days. The categories of this simple lawsuit are default (breach of promise) and tort, with the exception of those concerning land issues. The application of this simple lawsuit at the Pekanbaru District Court is commendable, although a few obstacles remain. However, these do not impede the resolution of existing cases. With regard to the obstacles for judges in this simple lawsuit, namely the District Court, it is necessary to implement a more extensive socialization program to educate the public about this simple lawsuit. This will help to prevent any errors when filing a case resolved through a simple lawsuit.
The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ambarsari, Ningrum; Miharja, Marjan; Neununy, Dolfries Jakop
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1089

Abstract

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.
The Role of Mediation in Resolving Civil Law Disputes in Indonesia Flora, Henny Saida; Ginting, Grenaldo; Ganap, Nita Cicilia; Simamora, Pinta N. S.; Burhanuddin, Ahmad
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1269

Abstract

The utilisation of mediation as a mechanism for the resolution of civil law disputes in Indonesia has become increasingly significant, representing an alternative to the frequently protracted, expensive, and adversarial litigation process. Mediation, a form of alternative dispute resolution (ADR), adopts a collaborative and amicable approach by facilitating dialogue between disputing parties with the assistance of a neutral third party. This study aims to examine the role and effectiveness of mediation within Indonesia's civil law framework, with a focus on its legal foundation and practical implementation. A qualitative research methodology was employed to analyse the recent scholarly literature, legal documentation and case studies, in order to draw conclusions on the impact of this process on a range of civil disputes, including those arising from family law, commercial conflicts and disputes relating to land ownership.The findings indicate that mediation has a number of significant advantages, including the expediting of dispute resolution, the reduction in legal expenses and the preservation of relationships between disputants, thereby alleviating the burden on Indonesia's overburdened judicial system. However, despite the evident benefits, the adoption of mediation in Indonesia faces considerable challenges. These challenges encompass a paucity of public awareness, inadequate mediator training and cultural perceptions that favour litigation over other solutions.
Perbandingan Pendekatan Restorative Justice dan Sistem Peradilan Konvensional dalam Penanganan Kasus Pidana Flora, Henny Saida
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3812

Abstract

This research aims to compare restorative justice and conventional justice systems in the handling of criminal cases. In this context, it can be understood to comprehend the differences, similarities, and the impact of both approaches in the context of law enforcement and criminal justice. A qualitative approach is employed to gain a deep understanding of the characteristics, similarities, and differences between the two approaches in a practical context. Research data is obtained through in-depth interviews with actors involved in the criminal justice system, such as judges, prosecutors, law enforcement officers, social workers, offenders, and victims. The results of this research depict similarities in the focus on achieving justice and community protection between both approaches. However, fundamental differences emerge in their primary goals, with Restorative Justice emphasizing reconciliation, recovery, and conflict resolution, while the conventional justice system tends to lean more towards punishment as a form of retribution. The Restorative Justice approach assigns a more active role to victims in the process of handling criminal cases, enabling them to speak and participate in the recovery process. Meanwhile, the conventional justice system often follows a formal and adversarial process. This research has significant implications for understanding how both approaches can contribute to achieving fair and effective justice goals. The results of this research can be used as a basis for formulating better policies in handling criminal cases.
Comparative Analysis of Criminal Laws on Money Laundering in ASEAN Countries: Between Justice and Protection Saida Flora, Henny; Syah, Kaharuddin; Erwin, Erwin; Avivi Nur Laila, Siti; Devi Lawra, Rifqi
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1798

Abstract

Globalization brings many conveniences to the activities of the community through technological advances. Globalization also makes the borders and distances between countries invisible, so that countries in the world can be connected to one another. On the other hand, globalization has a negative impact on the world, namely the emergence of transnational crimes. One of the transnational crimes that plague different countries is money laundering. It is the act of processing the proceeds of criminal activity with the intent of concealing the source of the criminal activity or transforming the profits of criminal activity or corruption into ostensibly legal assets. Money laundering has become a transnational crime that is complicated and difficult to solve in various countries around the world. In this journal, the author uses a legal approach and comparative law method to compare the regulation of money laundering in Indonesia, Singapore and the Philippines. The results of this study will be an examination of the development of money laundering in the era of globalization and the regulation of money laundering in Indonesia, Malaysia, Singapore and the Philippines.
The Rule Of Law Corrupted By Law Enforcers: a Study Of Police Misconduct Saida Flora, Henny; Suhendar, Suhendar; Fitri Hertini, Mega; Itasari, Endah Rantau; Erwin, Erwin
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1932

Abstract

The purpose of this study was to study and know the provisions of the Police Code of Ethical Principles that are the basis for the performance of duty, to study and know the responsibility of the police for violating the Code of Ethical Principles, and to know the responsibility for the violation of the Code of Ethical Principles. According to the provisions of the Regulation of the Chief of the National Police of Indonesia No. 14 of 2011 on the Code of Ethical Principles of the National Police of Indonesia, Article 1 regarding the definition of KEPP, viz. "The Code of Ethical Principles of the POLRI, hereinafter abbreviated as KEPP, is the norms or rules that constitute the unity of ethical or philosophical foundations regarding behavior and speech in relation to things that are required, prohibited, appropriate or inappropriate to be done by members of the POLRI in the performance of the duties, powers and responsibilities of the position.
Implications of Digital Technology for Criminal Law Enforcement: Challenges and Opportunities in the Age of Digitalization Karina, Ica; Gultom, Maidin; Saida Flora, Henny; Sidabalok, Janus; Butarbutar, Elisabeth Nurhaini
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1946

Abstract

This research aims to investigate the impact of technology and innovation on justice in law enforcement in the digital age. In the ever-evolving digital age, technological developments such as big data analytics, artificial intelligence, and digital forensics have transformed the landscape of law enforcement operations. This research outlines the positive and negative impacts of such technologies on justice in the legal system. The findings of the literature review indicate that the utilisation of technology in law enforcement has the potential to enhance the efficiency of investigations, evidence analysis, and detainee monitoring. However, there are also concerns related to the protection of privacy and the security of data that warrant consideration. Moreover, the unequal access to technology and data can pose a threat to the principles of justice. This research will enable the relevant stakeholders in law enforcement and public policy to comprehend the implications of technology and innovation for justice. Furthermore, it provides a foundation for future researchers to conduct more in-depth empirical research on these issues.
DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER) Febrianty, Yenny; Kumala, Brik; Flora, Henny Saida; Setiawan, Beni
Gorontalo Law Review Vol 7, No 1 (2024): Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i1.3363

Abstract

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.
Co-Authors Abdul, Kartini Maharani Abrori, Abrori Adiasih, Ning Ahmad Burhanuddin, Ahmad Aiman, Muhammad Alghiffary, Idrus Ali Syaifudin, Mohamad Alves, Livia Ambarsari, Ningrum Andi Hartawati Ari Prabowo Arief Fahmi Lubis Avivi Nur Laila, Siti Bambang Ismaya BENI SETIAWAN Berlian SH.,M.Hum Cale, Woolnough Cindy Mariam Magdalena Rantung Cut Fadhlan Akhyar Dadang Komara Devi Lawra, Rifqi Dolfries Jakop Neununy Dwi Edi Wibowo Dwi Edi Wibowo Dwiprigitaningtias, Indah Edison Edison Egry Winda Nababan Elisabeth Nurhaini Butarbutar Endah Rantau Itasari, Endah Endrawati, Eka Ari Erawati, Ratna Deliana Erwin Erwin Ester Julinda Simarmata, Ester Julinda Etty Sri Wahyuni Fatar Ferdinan Banjarnahor Feibe Engeline Pijoh Fernando, Jimmy Rian Firmansyah Firmansyah Fradhana Putra Disantara Ganap, Nita Cicilia Gaol, Selamat Lumban Ginanjar, Yudha Godlif Sianipar Grenaldo Ginting Hajriana, Hajriana Harmono, Harmono Hartawati, A. Hartawati, Andi Hasnia Hasnia Hendri Darma Putra Henry Apan Henry Aspan Herwantono, Herwantono Ica Karina Indriyana Dwi Mustikarini, Indriyana Dwi Irsan Rahman Iyos Sutresna Johannes Johny Koynja Johannes Johny Koynja, Johannes Johny Juliana Jumra, Jumra Khomaini Khomaini Khomaini, Khomaini Kumala, Brik Lina Maulidiana Lumban Gaol, Selamat M. Syahputra Mac Thi Hoai Thuong Maharjan, Kailie Mahfud Ramadhani Maidin Gultom Mark, Elladdadi Maruf, Irma Rachmawati Maulana, Sandrik Puji Mega Fitri Hertini Miharja, Marjan Munawwarah, Siti Mymoonah R. M Sitanggang Nanda Dwi Rizkia Nar Yan Thapa Neni Hardiati Neununy, Dolfries Jakop Ning Adiasih Ningrum Ambarsari ningrum, dedah - Nova Florentina Ambarwati Pinta Nadia Simamora, Pinta Nadia Pratiwi Puwa, Suryani Intan Puspitasari, Dyah Rosiana Putri Maha Dewi, S.H., M.H Rahmat Setiawan Ramli, Kaharuddin Rasyid, Mukhawas Reflina Sinaga Rusmana, Dodi Sachsyabillah Dwi Maharani Yusuf Sahata Manalu Sahrul Samuel Frans Boris Situmorang Sari, Nurmi Sarjono, Anastasia Shintia Alvernia Gorrettie Gijoh Sidabalok, Janus Simbolon, Netty Mewahaty Suhendar Suhendar, Suhendar Suningrat, Nining Suryani Intan Pratiwi Puwa Taqyuddin Kadir Taqyuddin Kadir Thuong, Mac Thi Hoai Tiromsi Sitanggang Xavier, Murphy Xu, Shanshan Yenny Febrianty Yohana Naomi Monica Sembiring Yusuf, Sachsyabillah Dwi Maharani Zuwanda, Zulkham Sadat