Adies Kadir
Faculty of Law, Merdeka University Surabaya, Indonesia

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Juridical Analysis Comparison of Electronic Civil Code The Role of the Land Frans Thiodoris; Mohammad Roesli; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.137

Abstract

The purpose of this research is a comparative juridical analysis of buying and selling electronic commerce with the Civil Code. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Research results For people to buy goods online to be more careful so that there is no fraud or deception that occurs in online buying and selling transactions. holding a registration of all activities related to the public interest in electronic traffic, including the registration of electronic businesses in the form of virtual shops or other virtual services and the obligation to register a buyer in a payment system operating company so that the transaction process can run smoothly and not neither party feels disadvantaged. For parties who do not carry out their responsibilities in accordance with the mutually agreed upon agreement, the aggrieved party may be sued civilly to obtain compensation payments as stated in Article 12 of the ITE Law.
Juridical Review of Cancellation of Notary Deed Mohammad Roesli; Dyah Ayu Septi Arinningtyas; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.148

Abstract

The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. If it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. But if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. Criminal sanctions are not regulated in the Notary Position Act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the Criminal Code. While civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. Compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation.