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All Journal Jurnal Ilmiah Mahasiswa FEB Rechtsidee Jurnal Daulat Hukum DE LEGA LATA: Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum Law Development Journal Perspektif Hukum Indonesia Law Review (ILREV) Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia
Ahmad Sudiro
Universitas Tarumanagara Jakarta
Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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POSITION OF A NOTARY PUBLIC IN INVESTIGATIONS RELATING TO ALLEGED VIOLATIONS Silalahi, Wilma; Sudiro, Ahmad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.27787

Abstract

A notarial deed is a perfect form of evidence and must therefore be prepared to serve as a strong evidentiary basis in the event of a breach of contract. Thus, a notary in carrying out his/her duties must act trustworthy, honest, thorough, independent, impartial, and safeguard the interests of the parties involved in legal actions. In fact, the notary's duty is basically to express the wishes or actions explained by various parties which will be included in the deed. Thus, the interesting problem in this study is how the notary's position in the investigation related to alleged violations. This study uses a normative legal approach or doctrinal research. For notaries suspected of committing violations in the investigation, the notary can be positioned as a witness or suspect or co-defendant, depending on the notary's involvement in the alleged violation. In the process of examining a notary, investigators are required to obtain approval from the Notary Honorary Council, both for examination as a witness and for confiscation of documents. Therefore, regarding the approval of the Notary Honorary Council, it is not intended to complicate the investigation process or the need for examination of the notary, because this has been anticipated by the provisions of Article 66 paragraph (3) and paragraph (4) of Law 2/2014. Where investigators can obtain an answer no later than 30 (thirty) days. Therefore, there are no issues related to the request for approval from the Notary Honorary Council. If the 30-day deadline is exceeded, the request is deemed approved
The Digitalization of Indonesia’s Commercial Court System for Bankruptcy And Debt Restructuring Proceedings: Digitalisasi Sistem Peradilan Niaga Indonesia untuk Proses Kepailitan dan Restrukturisasi Utang Lie, Sarah Milenia; Sudiro, Ahmad
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.458

Abstract

he COVID-19 pandemic triggered a global economic downturn that significantly impacted Indonesia, resulting in widespread financial distress and an increase in corporate insolvencies. Amid these challenges, Indonesia’s judiciary accelerated the adoption of digital judicial mechanisms through the implementation of the electronic court (e-Court) system. Rooted in a series Supreme Court Regulation, including the most recent Supreme Court Regulation No. 7 of 2022, the e-Court framework modernized court administration and enabled remote hearings, ensuring that justice remained accessible despite social restrictions. This study employs a normative legal research method, specifically statutory and case-based approach, to analyze the evolution and application of the e-Court system, particularly in the context of Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang or PKPU) proceedings as governed by Law No. 37 of 2004. Using the Garuda Indonesia case (Decision No. 425/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst.) as a reference, the research highlights how e-Court supported judicial continuity and upheld the principles of simplicity, promptness, and affordability as mandated under Article 2(4) of Law No. 48 of 2009 on Judicial Power. The findings underscore e-Court’s crucial role in maintaining economic and judicial resilience, while also identifying challenges regarding procedural legitimacy, technological literacy, and equitable access.
Letter of Credit Related Trade Disputes - Court Decisions Legal Certainty In Indonesia Achir, Rori; Farma Rahayu, Mella Ismellina; Sudiro, Ahmad
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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Abstract

This study examines the legal certainty surrounding commercial letters of credit (L/C) within the context of Indonesian judicial practice, focusing on how courts conduct hearings and render decisions in L/C-related trade disputes. The term “L/C” in this research encompasses both international L/C and the domestic equivalent, Surat Kredit Berdokumen Dalam Negeri (SKBDN). The analysis explores whether Indonesian courts have undertaken comprehensive judicial examinations across five key dimensions: (1) the determination of whether a breach of contract or a tort occurred; (2) the characterization of contractual relationships among the disputing parties; (3) the application of the L/C independence principle; (4) the interpretation of L/C clauses and governing provisions; and (5) the assessment of documentary evidence. The study further compares decisions across cases with similar factual or legal characteristics, as well as among courts of different hierarchical levels, to evaluate the consistency of judicial reasoning and outcomes. The findings indicate that judicial considerations and decisions have not yet established a robust sense of legal certainty regarding L/C transactions in Indonesia. Consequently, the study recommends the formulation of clear regulatory provisions to guide both commercial parties and the judiciary in addressing L/C-related legal issues and adjudicating trade disputes.
Co-Authors Achir, Rori Alifa, Alifa Atmadja, Rossano Tito Farma Rahayu, Mella Ismellina Idrus, Irwandhy Lauren, Audrey Lie, Gunardi Lie, Sarah Milenia Moody Rizqy Syailendra Putra Panjiyoga, Indrawienny Rania, Rania Silalahi, Wilma Syah, Nurijlal Hafizh Winda Ariria Eka Prawita