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Law and Technology: Legal Technology Model under the Authority of the Indonesian Notary Position in the Industrial Revolution Era 4.0 Unggul Basoeky; Fx Joko Priyono; Siti Malikhatun Badriyah; S Sukirno
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (912.523 KB)

The era of the Industrial Revolution 4.0 has changed the old paradigm and standard values quickly. Likewise, the legal aspect cannot be separated from the demand to transform every concept, value and paradigm. On the public law side, each country is required to reform its legal rules to be adaptive and compatible with the development of the 4.0 era, while on the private law side it has an impact on trade transaction practices that have created new platforms, namely e-commerce and e-contracts. The position of a notary as a part of the legal system cannot avoid the disruption of the development of the industrial revolution. The preservation of the old paradigm of the position of a notary that requires it to be done traditionally should be reconstructed immediately so that the practice of office can develop and meet the demands of the times. This study uses a normative juridical research method through a conceptual approach, a statutory approach and a legal history approach which is elaborated with the concept of disruption technology and the theory of the economic analysis of law. Conclusion This journal describes that the fundamental obstacle to notary practice based on the Legality Principle which relies on Procedure, Authority & Substance should have been able to be transformed electronically based on the legal technology paradigm. With references from various organizational benchmarks and conventions mentioned above, they can be the philosophical, sociological and normative foundations in formulating notarial laws that are compatible, adaptive and adequate to the realities of the industrial revolution era 4.0. Recommendations for the need for legal reform, namely changes to legislation concerning the position of a notary through the establishment of an e-notary PP that integrates in a rigid manner the procedure, substance and authority in applying the authority of a notary in certifying electronic transactions.

Law Enforcement Against Unfair Competition Among Notaries According to Notary Ethics Code Asranita; Siti Malikhatun Badriyah
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Notary is a public office who is authorized to make authentic deeds which have perfect verification power. In performing their profession and/or duties, notaries must obey and be attached and oriented to the existed rules, they are Constitution No 30 Year 2004 About Notary Office, Constitution No 2 Year 2014 About Amendment of Constitution No 30 Year 2004 About Notary Office (which is then called UUJN) and Notary Ethics Code. This research aimed to find out how law enforcement against unfair competition among notaries according to Notary Ethics Code is and what the legal effects to Notaries who are involved in an unfair competition are. This research was done by applying descriptive qualitative method sourced from literature review and previous studies. From this research, it was found that the law enforcement against unfair competition among notaries which is included in Notary ethics code violation is contained in the Notary Ethics Code. In a case of a Notary involved in an unfair competition is definitely violate the existed ethics code and can raise a legal effect which is given a sanction.

The Imposition of the Final Transfer of Rights to Land and/or Building Tax (PPHTB) in the Sale and Purchase Binding Agreement (PPJB) Reza Ananda Kurniasari; Siti Malikhatun Badriyah
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v5i3.23916

The making of a binding sale and purchase agreement (PPJB) before or by a notary is subject to a tax on the transfer of rights to land and/or buildings, one of which is in the form of income tax on land and/or buildings (PPHTB) which is final. This study aims to discuss the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB). The method used in this study was a normative research method. Normative or library research method was a method used by means of research on library materials or documents with the aim of reviewing existing written regulations. The assessment was carried out using a normative juridical method. The result of this study is that the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB) is considered inappropriate, because in the making of the Sale and Purchase Binding Agreement (PPJB) the ownership rights to land and/or buildings have not yet been transferred but only occurred when the Sale and Purchase Deed was signed.

Pengurangan Tarif BPHTB: Strategi Perlindungan Hukum bagi Masyarakat Ekonomi Lemah Asranita Asranita; Siti Malikhatun Badriyah
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.264

This study aims to examine and analyze the juridical basis for Local Governments in forming regional regulations related to reducing BPHTB rates. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Law Number 21 of 1997 has considered fairness by regulating NPOPTKP or NJOPTKP for land and buildings. Moreover, with the enactment of Law Number 1 of 2022, Local Governments are authorized to formulate regional regulations on reducing BPHTB rates for the economically disadvantaged community. Therefore, it is recommended that Local Governments invest in capacity-building initiatives for their tax officials, focusing on policy knowledge, surveillance techniques, and law enforcement. This policy would ensure they are adequately equipped to oversee taxpayer compliance and identify potential violations. Furthermore, there should be continuous engagement with all stakeholders to identify potential obstacles and challenges in policy implementation. Regular evaluations and monitoring are also crucial to assessing the policy’s effectiveness and impact on tax revenue and the economically disadvantaged community. Lastly, taxpayers must understand the changes in BPHTB rates, their rights, and obligations to ensure policy compliance. By doing so, Local Governments can enhance the effectiveness of the BPHTB rate reduction policy and ensure it brings about maximum benefits for the economically disadvantaged community.

Pelaksanaan Etika Profesi Pejabat Publik Melalui Penerapan Prinsip Good Governance Amaylia Noor Alaysia; Siti Malikhatun Badriyah
UNES Law Review Vol. 8 No. 2 (2025)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/5xr2bb71

Penelitian ini mengeksplorasi pentingnya penerapan etika profesi oleh pejabat pelayanan publik dalam rangka mewujudkan prinsip good governance di Indonesia. Pendekatan deskriptif kualitatif digunakan untuk menganalisis peran etika profesi dalam meningkatkan kualitas pelayanan publik, berdasarkan sumber-sumber literasi. Hasil penelitian menunjukkan bahwa penerapan prinsip pelayanan publik yang sesuai, seperti kesederhanaan, akuntabilitas, transparansi, dan pelayanan prima, dapat meningkatkan kepercayaan masyarakat terhadap pemerintah. Meskipun terdapat peningkatan zona hijau dalam penilaian pelayanan publik oleh Ombudsman RI, hambatan seperti ketidakmampuan pejabat, pungutan liar, dan standar yang tidak konsisten masih menjadi tantangan. Solusi yang diusulkan melibatkan penguatan kode etik ASN sesuai UU No. 20 Tahun 2023, serta kolaborasi antara pemerintah dan pihak swasta untuk mewujudkan pelayanan yang efisien, transparan, dan berorientasi pada masyarakat.

Preparation of Authentic Deed of Distribution of Land Rights by Notary Nabila Tasya Ramadintya; Siti Malikhatun Badriyah
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 4 No. 1 (2025): April : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v4i1.2866

The making of a certificate of inheritance is carried out by a different official, which is based on the population group, there are three officials who are authorized to make a certificate of inheritance, namely the Notary, the Heritage Hall (BHP), or made by the heirs themselves on paper witnessed by the Head of Village / Village Head and strengthened by the Camat. This writing aims to analyze the process of making authentic deeds of inheritance distribution of land rights, the obstacles faced by the notary in making authentic deeds of inheritance distribution of land rights and their solutions. Based on the problems raised, the researcher used a legal research method with a normative juridical approach, namely using the positivist legis concept. Writing specifications use descriptive analytical. The data source comes from secondary data. This writing is analyzed qualitatively using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance distribution theory. The results showed that: 1) the process of making the deed of inheritance distribution begins with the creation of a Certificate of Inheritance (SKW) is the first step in carrying out the process of distributing inheritance rights to land in Jepara. The next steps are as follows: The parties (the heirs) together appear before the notary in the presence of 2 (two) witnesses. Both parties brought the files which were the formal and material conditions that had been determined. The notary checks the files. The notary before making the deed checks the files of certificates carried by both parties. The Land Deed Making Official (PPAT) makes a will or certificate of inheritance according to the wishes of the heir. The will shall be signed by the heir and the PPAT (made in two copies). Making the deed of inheritance distribution must be done before the PPAT and witnessed by 2 (two) witnesses. 2) Constraints for the Maker of Land Deeds in the process of distributing inheritance of land rights, namely: legal substance constraints, legal structure constraints, and legal culture constraints. The solution to the obstacles faced by notaries, namely: Consulting and asking for help from government officials in the local village or sub-district, the government needs to disseminate information to the community. Provide information regarding the procedure and procedures for registration as well as incomplete documents to the applicant.

Analysis of the Mechanism for Establishing Trademark Licenses and the Role of Notaries in Ensuring Legal Certainty in Indonesia Riastya Safira; Siti Malikhatun Badriyah
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 4 No. 3 (2025): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v4i3.2987

Trademark registration is very important to guarantee economic rights and exclusive rights for creators, this concerns the legal protection obtained. The problem then is Based on the author's analysis of various sectors of the Law, namely: First, Law Number 2 of 2014 in conjunction with Law Number 30 of 2004 concerning the Position of Notary. Second, Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Third, Law Number 28 of 2014 concerning Copyright. It is clear that there is no Article at all that regulates the formation of a trademark license. The purpose of this study is to analyze: 1) Analyze and determine the mechanism for the formation of intellectual property rights for trademark licenses in the national legal system. 2) analyze and determine the urgency of Notary involvement in the formation of trademark licenses in Indonesia from the perspective of legal certainty. The approach method used in discussing this research problem is the type of normative legal research, using a legislative approach, an analytical approach and a conceptual approach. The data collection method uses literature studies and documentation studies. The results of this study conclude that: 1). The mechanism for establishing intellectual property rights over brand licenses in the national legal system uses the Ministerial Regulation under the Ministry of Law in this case the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 67 of 2016 and HAM Concerning Trademark Registration through the Directorate General of Intellectual Property. Registration is carried out using the bureaucratic mechanism procedures that have been determined by the Ministerial Regulation and technical implementation through bureaucratic instruments at the Directorate General of Intellectual Property of the Ministry of Law and HAM. 2).

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