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All Journal International Journal of Supply Chain Management Pena Justisia: Media Komunikasi dan Kajian Hukum
Anis Mashdurohatun
Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
Decision Sciences, Operations Research & Management Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Transportation

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Reconstruction of Notaries Liability on Their Authentic Deed Based on Justice Value: Moderating Role of Supply Chain Management Anis Mashdurohatun; Belahim .
International Journal of Supply Chain Management Vol 9, No 3 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : International Journal of Supply Chain Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.497 KB)

Abstract

Notaries’ liability for the authentic deed they draw must be based on the concept of a Notary Public as a position. This concept means were as long as the Notaries still have authority to do the deed, the liability for the make of deed is attached to and imposed on him. This study uses socio-legal approach, in which in this context, legal institutions are not understood as normative entities, but will be seen as part of the whole social system that is in an interrelated condition with other social variables. The result of this research is that the liability principle of a notary which is used is based on mistakes liability. The results also conclude that supply chain management (information facilitation) system acts as a positive moderator in the relation. Notaries can be held liable if there is an element of error they did. Noting the provisions of Article 65 of the Law on Notary Position, the retired Notaries Public will remain responsible for the deed they made. Therefore, there is confusion about the limit of Notaries liability based on Article 65 of the Notarial Law (UUJN) that even though all the deeds made by the Notaries have been handed over or transferred to the Notary protocol depositor, and even they have stopped or not served any longer as Notaries, they must still be responsible for the liability as notaries for their entire lives.
Legal Regulations on Road Traffic Accidents for Motorized Vehicle Owners in Indonesia Rivan Achmad Purwantono; Gunarto Gunarto; Anis Mashdurohatun; Bambang Tri Bawono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3526

Abstract

Regulations pertaining to the liability of motorized vehicle owners in Indonesia, as stipulated by Law Number 34 of 1964 concerning Traffic Accident Funds and Government Regulation Number 18 of 1965 regarding the Implementation Provisions of Road Traffic Accident Funds, have yet to be implemented since enactment. This is due to the lack of justice for motorized vehicle owners or operators whose vehicles are involved in accidents, but are not under their immediate control. The prevailing regulations do not adequately differentiate between individual and collective liability for traffic accidents. This study aimed to analyze the weaknesses inherent in the existing regulations, particularly in regards to the liability of motorized vehicle owners for accidents, which have not been handled with due fairness. The research paradigm seeks to examine the existing state (das sein) and the ideal state (das sollen) related to the legal liability of motorized vehicle owners. 
Co-Authors Bambang Tri Bawono Belahim . Gunarto Gunarto Rivan Achmad Purwantono