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All Journal Jurnal Ilmiah Hukum LEGALITY Widya Yuridika Jurnal Ilmu Hukum The Juris Awang Long Law Review Jurnal Ilmiah Publika Journal of Law, Environmental and Justice
Iin Karita Sakharina
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Arts Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Widya Yuridika

 1 
Penyederhanaan Proses Legalisasi Apostille Astuti B, Isma Widya; Sakharina, Iin Karita; Aswan, Muhammad
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4646

Abstract

This study aims to analyze the role of the apostille as an effort to simplify the stages of the process of legalizing public documents, and to analyze legal certainty for public documents that have been legalized by apostille. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach. The results of the study show that the role of the Apostille as an effort to simplify the stages of the process of legalizing public documents has made it easy for Indonesian citizens to use their public documents abroad. This convenience saves time, costs and is much easier than the conventional legalization of public documents for going abroad, the process of which must go through various parties. Apostille services only need to go through the Ministry of Law and Human Rights as a certified authority. In Indonesia, the Competent Authority appointed and competent to issue Apostille is the Ministry of Law and Human Rights (KumHAM). And then th e legal certainty of public documents that have been legalized Apostille is the guarantee that public documents that have been legalized Apostille will be recognized and accepted by all countries that have ratified the Apostille Convention. This certainly makes it easy for the public to legalize public documents that will be used abroad or vice versa.
Pemanfaatan Cyber Notary Terhadap Digitalisasi Akta Ulang, Andi Dala; Magassing, Abdul Maasba; Sakharina, Iin Karita
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4610

Abstract

This research aims to analyze the use of digitizing authentic deeds by Notaries in Makassar City and to analyze the legal certainty of the principles of agreements between the parties in digitizing authentic deeds by Notaries. This research is empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature study. The data collected was then processed using a qualitative analysis approach. The research results show that the use of digitalization of authentic deeds by Notaries in Makassar City will basically really help the work of Notaries and also the parties, namely it can save time and costs compared to conventionally making authentic deeds. However, because until now there is no legal umbrella and it is considered contradictory, no Notary in Makassar has ever digitized an authentic deed. And then the legal certainty of the principle of agreement between the parties in digitizing an authentic deed by a Notary based on positive law in Indonesia is that it does not have perfect proof like an authentic deed, this is because the digitization of the Notary's deed does not meet the requirements for the authenticity of a deed.
Cyber Notary Dalam Pembuatan Akta Kadir Salmudin, Andi Muhammad; Sakharina, Iin Karita; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4969

Abstract

This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province.  The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.
Co-Authors Abdul Maasba Magassing Alasttal, Abdelrahman Andi Sundari Astuti B, Isma Widya Daud, Aidir Amin Inamovich, Rasulov Ilkhom Irwansyah Irwansyah Judhariksawan, Judhariksawan Kadarudin, Kadarudin Kadir Salmudin, Andi Muhammad Marcel Hendrapati Maskun Muhammad Aswan Muhammad Ilham Arisaputra, Muhammad Ilham Muhammad Irwan Noor, S M P. Nalole, Ekho Jamaluddin Ulang, Andi Dala VIYANI ANNISA PERMATASARI