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Overmacht And Unforeseen Circumstances In Agreements According To Indonesian Civil Law And Dutch Law Fitri Fatmawati, Vera; Sulistiyono, Adi
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.894

Abstract

An agreement generally includes a clause on force majeure. This is so that the parties understand between negligence caused by the parties themselves and negligence that occurs due to force majeure. This research is a normative-research that studies legal objectives, values of justice, validity of legal rules, legal concepts, and legal norms. The source materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Primary legal materials are the Indonesian Criminal Code and the Dutch Criminal Code. Furthermore, the data collected is analyzed qualitatively. Overmacht is intended to provide protection to one of the parties harmed in an agreement, provided that the objective and/or subjective conditions of a situation can be classified as overmacht. Overmacht is a common clause in an agreement in Indonesia, the regulation of this clause is found in the Civil Code in Article 1244 and Article 1245, the position of Overmacht in an agreement is in the main agreement, not separate as an additional agreement and associated with the main agreement. Dutch contract law places great importance on the agreement reached between the parties to the contract. Therefore, Dutch courts are reluctant to set aside binding agreements on grounds based on force majeure events and unforeseen circumstances. Contracting parties should scrutinize carefully the agreed risk allocation (e.g. when drafting a force majeure clause) between them before signing the agreement, as ultimately, the agreed risk allocation set out in the agreement, will most likely be upheld.
Legal Protection For Land Rights Holders Upon Disposal Of Land Rights For Public Interest (Case Study Of Depok Toll Road Land Acquisition) Novianti, Dinda; Sulistiyono, Adi; Hermawan, Sapto
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.906

Abstract

Indonesia as a legal state is clearly guided by existing rules in policies relating to the rights of its citizens. This research aims to determine the form of legal protection for land ownership rights for development in the public interest of the Depok Toll Road and to determine the mechanism for providing compensation for land ownership rights for development in the public interest. The method used in this research is a normative research method with a conceptual and statutory approach, as well as using quantitative quantitative analysis in the form of quantitative analytical literature. Compensation for land for public purposes must be based on the principle of justice, where there are adequate guarantees to the entitled parties, the obstacle that arises is the lack of funds from the government for land acquisition.
Revision of Legislation Regarding the Accountability of Notaries for Documents Executed Beyond the Office Premises to Ensure Fair and Certain Legal Provision Idris Assaf, Muhammad; Sulistiyono, Adi; Pandamdari, Endang
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.38

Abstract

Paragraph (1) of Law No. 2 of 2014, modified by Law No. 30 of 2004, stipulates that Notaries are forbidden from reciting documents beyond their designated jurisdiction. An issue arises where Notaries who have indeed recited deeds outside their scope of work have not faced repercussions in accordance with the pertinent legal framework. The methodology employed in this research is that of normative jurisprudence, involving an examination of secondary data sources, particularly primary legal documents such as statutory provisions, and secondary legal sources like books, articles, or journals. The theoretical framework utilized is that of equitable law certainty. Findings reveal a consistent failure to penalize Notaries who have transgressed by reciting deeds outside their designated area, despite clear violations of regulations outlined in the UUJN. In judicial rulings, authentic deeds recited by Notaries beyond their jurisdiction remain valid, highlighting the inadequacy of existing enforcement mechanisms. Drawing a comparison with the regulations governing Notaries in the Netherlands, it is evident that revisions to Article 17 (1) and (2), Article 19 paragraph (2), and Article 9 (1) letter d of the Law of Judgment are imperative to ensure the establishment of a fair and certain legal system as mandated by Article 28 D Paragraph (1) of the 1945 Constitution. Such reforms are essential to empower legal authorities in executing their duties effectively, serving the interests of justice seekers, and eliminating any ambiguity surrounding the recitation of deeds by Notaries beyond their jurisdiction.
Data Protection Laws in Indonesia: Navigating Privacy in the Digital Age Prasetyo, Budi; Handayani, I Gusti Ayu Ketut Rachmi; Sulistiyono, Adi
Side: Scientific Development Journal Vol. 2 No. 1 (2025): Side: Scientific Development Journal
Publisher : Arbain Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/petfxv64

Abstract

The rapid expansion of digital technologies in Indonesia has brought significant challenges regarding data protection and privacy. With the increasing use of online services, e-commerce, and digital transactions, concerns over personal data security have intensified. In response, the Indonesian government enacted the Personal Data Protection Law (PDP Law) in 2022, marking a significant milestone in the country’s legal framework for data privacy. This study explores the implementation and effectiveness of data protection laws in Indonesia using a qualitative research approach. Through in-depth interviews with legal experts, government officials, and digital rights advocates, this research examines the extent to which current regulations align with global standards and whether they adequately address data security threats. The findings indicate that while the PDP Law represents progress, challenges remain in enforcement, compliance, and public awareness. Many organizations, particularly in the private sector, struggle to adapt to the new regulatory environment, and law enforcement agencies face difficulties in overseeing compliance due to resource limitations. Additionally, a lack of digital literacy among Indonesian citizens poses risks, as individuals are often unaware of their data protection rights. Comparisons with international best practices, such as the European General Data Protection Regulation (GDPR), reveal gaps in Indonesia’s approach, particularly in enforcement mechanisms and penalties for data breaches. This study highlights the need for greater government oversight, stronger institutional capacity, and enhanced public education programs to ensure that Indonesia’s data protection laws effectively safeguard digital privacy in the evolving digital landscape.  
Perlindungan Hak Cipta di Bidang Desain Grafis Dalam Penjualan Jasa Desain di Media Sosial Ahya Mofidi Lahida; Adi Sulistiyono
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.361

Abstract

This research aims to identify and analyze how social media as a tool for selling graphic design services is then linked to the legal consequences for copyright objects as well as the legal protection given to copyright owners reviewed using Law Number 28 of 2014. This research is a research normative law with a statutory approach. The legal sources used consist of primary legal materials and secondary legal materials. The legal language analysis technique uses literature study, namely books, journals, articles related to the problem topic. The results of this research show that Law Number 28 of 2014 concerning Copyright has basically provided direct legal protection for graphic design creators for the graphic design work they upload to social media. In protecting their creations, graphic design creators can take legal action, both preventive and repressive.
The Role of The Prosecutor’s Office in Asset Seizure Sulistiyono, Adi; Isharyanto, Isharyanto; Purnama Adi , Fadhil
Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.86

Abstract

The seizure of assets resulting from criminal acts will be easier for law enforcement officials to carry out if the Draft Law on Asset Forfeiture is passed. Assets that are seized are not only related to corruption crimes but also general crimes that carry a prison sentence of 4 years or more. The amount of assets seized is also at least IDR 100 million. This paper will explore the urgency of the Asset Forfeiture Bill in terms of the politics of legislation and then be limited to discussions on the direction of law enforcement that is considered responsive, especially regarding institutions that have authority in implementing the law. This paper is a type of doctrinal research that the data collection technique used is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. Integrity, transparency, and the fight against corruption have to be part of the culture.
Reform of Islamic Inheritance Law: The Influence of Customary Law on the Institution of Wasiat Wajibah in Islamic Law Fatahullah; Adi Sulistiyono; Burhanudin Harahap
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i1.1695

Abstract

This research aims to investigate the status of the deceased's close relatives, including adopted children, illegitimate children, and children of diverse religions, within the family structure and their legitimate legal standing, thereby establishing their entitlement to inherit the decedent's property. Nonetheless, the viewpoint of the inheritance legal framework in Indonesia about the status of these immediate relatives is markedly distinct. The employed methodology is a normative or doctrinal legal study utilizing a legislative approach and analysis. Wasiat wajibah is an institution in Islamic law in Indonesia to address the problem of differing paradigms between customary law, which recognises all positions and rights of adopted children, and Islamic law, which "only" recognises adoption but does not allow mutual inheritance. The underlying thought of wasiat wajibah in Islamic jurisprudence is intended to provide a sense of justice to adopted children or those close to the heir, but they are religiously barred from inheriting a share of the inheritance. Finally, the mandatory will through Article 209 of the Compilation of Islamic Law (KHI) has filled the ambiguity in Islamic law by granting 1/3 of the inheritance to the adopted child from the property left by the adoptive parents. It is necessary to set standards for the future implementation of mandatory wills to ensure that judges' interpretations of these documents do not negatively impact the interests of the principal heirs.
A Prophetic Law Basis for Strengthening the Values of Indonesian Consumer Protection Law Culture Musataklima; Adi Sulistiyono; M. Syamsudin
Prophetic Law Review Vol. 6 No. 1 June 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss1.art3

Abstract

This study analyzes the factors that cause the weakness of consumer empowerment in Indonesia and conducts a comparison to the other countries in order to strengthen the values of Consumer Protection Law based on the Prophetic Law. This study combines the normative and empirical legal research. The qualitative data used are from primary and secondary sources. The primary data are obtained through interviews with predetermined informants. Secondary data are collected through literature research. The results show that the lack of consumer empowerment is caused by the long distance between the institution implementing consumer protection and the consumer itself. As a result, it is difficult for consumers to access. On the other hand, the methods used to protect consumers are still non-formal. Second, strengthening the values of consumer protection law culture can be done through formal education based on Islamic prophetic values because with such a design, the intensity of consumer education can run in a programmed, organized, and systematic manner, and prophetic values can become the basis of energy to always fight for consumer rights through a critical attitude.
Enforcement Against Extraordinary Members (ALB) of Notaries Who Violate the Notary Code of Ethics Rahmawati, Nur Ainiyah; Sulistiyono, Adi; Hermawan, Sapto
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.302-312

Abstract

The Notary Code of Ethics is a set of rules that are enforced and obeyed by notaries, used as guidelines for all notaries regarding what they should do, and at the same time guarantee the quality of notaries' conduct in the eyes of the public. Notaries who violate the provisions of the code of ethics will damage the reputation of the notary profession in the eyes of the public. The Indonesian Notary Association (INI) has three types of members: Regular Members, Extraordinary Members, and Honorary Members. To become a member of the INI association, prospective notaries must meet the requirements of a bachelor's degree in Law and a Notary Education/Specialized Notary Education diploma, and have passed the ALB selection process conducted by the INI as an official member of the INI organization. Once they have passed the ALB Notary exam and become members of INI, ALB Notaries must undergo an internship at a Notary office with the requirement of having served as a Notary for a minimum of 5 (five) years and having drafted at least 100 (one hundred) deeds. The internship must be completed as a prospective Notary for a consecutive period of 24 (twenty-four) months. During the internship period, the ALB Notary must already adhere to the Notary Code of Ethics since they are already a member of the INI organization. However, under the provisions of the Notary Code of Ethics, the ALB Notary is not included among those required to comply with the Notary Code of Ethics. The Notary Code of Ethics is only mandatory for those who have already assumed the position of Notary. Therefore, there is still a legal loophole for ALB Notaries if they engage in actions that violate the Notary Code of Ethics. The author used normative legal research in this study. A legislative approach and a conceptual approach were used in this study. The purpose of this study is to analyze and understand the handling of ALB Notaries who violate the Notary Code of Ethics.
Implementation of Cyber Notary as a Notary Transformation in the Digital Economy Era (Comparative Study of German Notary Law) Handayani, Umi; Sulistiyono, Adi; Tejomurti, Kukuh
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
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.v8i2.45649

Abstract

The process of implementing the Cyber Notary concept in Indonesia still faces various obstacles due to the provisions in Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary or abbreviated as UUJN which still applies the principle of " Tabellionis Officium Fideliter Exerbo" and several articles in the UUJN which are still traditional. This article analyzes the opportunities and obstacles to implementing Cyber Notary in the Indonesian legal system in facing the Digital Economy era, and elaborates on the best practices of German notary law which has previously implemented the Cyber Notary concept. This article is a legal research with a socio-legal approach, namely that which is related to law and technology and a comparison of notary law with Germany. The results of this study are that there are still several regulations that hinder the entry of the Cyber Notary concept in Indonesia so that changes are needed to the UUJN and the formation of other regulations that support this concept, but on the other hand there is an opportunity for the Cyber Notary concept to be implemented, as stated in the explanation of Article 15 number (3) of the UUJN which is the entry point for the Cyber Notary concept. In order to make changes to the UUJN, Indonesia can make Germany a rule model because it has previously implemented the Cyber Notary concept and has succeeded in integrating digital technology into Notary practices, such as the use of digital signatures, the use of video conferencing and the storage of electronic document archives.
Co-Authors Abdul Wahid Ahya Mofidi Lahida AL Hakim, Dimas Al Sentot Sudarwanto Albertus Sentot Sudarwanto Albertus Sentot Sudarwanto, Albertus Sentot Andi Tri Haryono Anggraeni, Sindi Ayu Annastasya Saputri, Nindya Arief Suryono Ario Bagaskoro, Raden Mas Riandaru Sam Kusumo Ariyanti, Dwi Oktafia Arsyad Aldyan Aziz, Sannia Beryl Alfarez Hertanto Beta Wulansari Brigita Natalia Rose Santi Budi Prasetyo Burhanudin Burhanudin Burhanudin Harahap Buwana, Yoakim Vocalio Caska - Deselta, Azalia Dhikma Heradika Diana Tantri Cahyaningsih Dona Budi Kharisma, Dona Budi Eddy Ramon Torong Ekaputra, Anandita Reza Emmy Latifah Endang Pandamdari Fadilla Mariska Putri Faisal Luqman Hakim, Faisal Luqman Febriyanti, Wiwin Dwi Ratna Fitri Fatmawati, Vera Fitriyah, Sarah Fitriyah, Sarah Grahani Wahyu Widhyastuti Hari Purwadi,, Hari Hariati, Sri Hartiwiningsih Hatimah, Khusnul Hazdan, M Fahmi Heradika, Dhikma Heri Azwansyah Hermawan, Sapto Hutabarat, Kristin I Gusti Ayu Ketut Rachmi Handayani Idris Assaf, Muhammad Iksan Isharyanto ,, Isharyanto Isharyanto Isharyanto Ivan Renaldi Kartika Cahyaningtyas Krista Yitawati Kukuh Tejomurti, Kukuh Kusumo, Ayub Kusumo, Ayub Torry Satrio Lunaraisah, Lunaraisah M Syamsudin M. Hawin M. Hudi Asrori S M. Syamsudin Melati Adventine Christi Silitonga Moh. Jamin Monaya, Nova Muhammad Ramadhan Murtiah, Ambar Musataklima Musataklima Musataklima, Musataklima Nadhifah Thifal Kurnia Wibowo Nanda Bagus Trihatmojo Novianti, Dinda Nurwati Nur Padma Widyantari Perwitasari, RR. Intan Ratih Prameswari, RA Alilah Fathyarani Pranoto , Prasetyo Hadi Purwandoko PUJIONO Pujiyono Pujiyono , Purnama Adi , Fadhil Putra, Aries Aditya Putri, Fadilla Mariska Putri, Revania Nadira Raden Mohamad Herdian Bhakti Rahmaidha, Dewandira Rahmaidha, Dewandira Darruning Sripradnya Rahman, Reza Fazlur Rahman, Reza Fazlur Rahmawati, Nur Ainiyah Rehnalemken Ginting Ridwan Rochim, Bayu Nur Roestamy, Martin Said Said, Said Salsabila, Elora Salsabila, Sekar Salma Saptanti, Noor Saputra, Toni Tri Septi Songgo Langit, Shyntaulloh Septianingrum, Reni Eka Setiaji, Sigit Sihotang, Sudiman Sindi Ayu Anggraeni Sitorus, Daniel Kristanto Sri Dwi Retno Ningsih Sri Utami suwadi, pujiyono Syamsuddin Talitha Danti Elvina Tesalonika Marta Ayuning Tyas Tifani Rizki Dianisa Torong, Eddy Ramon Torry Satriyo Kusumo, Ayub Trihatmojo, Nanda Bagus Tuhana Tuhana Umi Handayani Wardhani, Rachmalia Rosa Wardhani, Rachmalia Rosa Wicaksono, Bagas Wahyu Widiasari, Ezra Mayora Widyantari, Padma Winuratri Gita Prawardhani Yitawati, Krista Yudho Taruno Muryanto Zuhrah