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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Hukum Adigama Jurnal Sosial dan Teknologi Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Social Research COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Eduvest - Journal of Universal Studies Ranah Research : Journal of Multidisciplinary Research and Development
Gunawan Djajaputra
Universitas Tarumanagara
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Journal : journal of social research

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LEGAL CONSEQUENCES OF SALE AND PURCHASE OBJECTS OF TESTAMENTARY GRANT Debby Flora Siahaan; Gunawan Djajaputra
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1741

Abstract

This writing was motivated by the Surabaya District Court Decision Number 1270/Pdt.G/2021/PN.Sby whose case was regarding the Deed of Sale and Purchase which the object of sale and purchase had been made as an object of a testamentary grant and had been included in the Testament Grant Deed Number 119. The implementation of the sale and purchase is carried out using a Power of Attorney to Sell where the Seller is an elderly woman who is 78 years old and suffers from memory impairment that also known as dementia, so the Seller does not remember that she had made a transaction buying and selling of land that has been given as a testamentary grant. The seller signs the Power of Attorney to Sell without the consent of hes heirs and the sale and purchase was carried out without the knowledge of the seller's family. This writing was written using normative research methods by collecting legal materials regarding testamentary grants and linking Decision Number 1270/Pdt.G/2021/PN.Sby with applicable laws and regulations, and with literature studies in the form of articles that relating to testamentary grants. The conclusion that can be drawn from this research is that the panel of judges has been unwise in carrying out legal considerations in Decision Number 1270/Pdt.G/2021/PN.Sby and the Notary who made the Power of Attorney to Sell must apply the precautionary principle so there will be no dispute over the object of sale and purchase in the future
Cyber Notary In The Indonesian Legal System: Its Urgency and Implementation Gustianus Fernando; Gunawan Djajaputra
Journal of Social Research Vol. 4 No. 6 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i6.2553

Abstract

Advances in information technology have driven transformation in various sectors, including the legal field, especially the notary profession. This article aims to analyze the urgency and challenges of the implementation of cyber notary in the Indonesian legal system. The method used is a juridical-normative approach with an analysis of relevant laws and regulations and a comparative study of cyber notary practices in other countries, such as the United States and Estonia. The results of the study show that cyber notaries offer various advantages, such as time and cost efficiency, increased access to legal services in remote areas, and adaptability in emergency conditions such as pandemics. However, its implementation in Indonesia faces significant obstacles, including regulatory limitations that still require physical presence in the making of deeds, weak technological infrastructure, and low digital literacy among notaries and the public. The discussion emphasized that without legal reform and strengthening of the cybersecurity system, the implementation of cyber notary will only be a concept without realization. It is necessary to revise the Law on the Notary Position and the establishment of special regulations that regulate online procedures, digital identity validation, and a valid and secure electronic document storage system. In conclusion, cyber notaries are an urgent need in the digital era. With the right legal, technological, and socialization support, this system can become an integral part of the modernization of notary services in Indonesia.
Co-Authors Ahmad Iqfa Alfarel Lesmana Bred Klenten Cangtika Laurensia Debby Flora Siahaan Dede Solehudin Gustianus Fernando Hanifah Hanifah Martin Rich Arianto Riza Mediana Fitri