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Journal : Journal Evidence Of Law

Legal Consequences of Forgery of Authentic Deeds on the Legal Validity of the Deed Faizeh, Nurul; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.770

Abstract

In the context of law enforcement, a notary is a public official who works in the legal industry and contributes to societal legal certainty. According to Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, a notary is a state organ authorized by the state (hence abbreviated as UUJN). There is legal confusion for notaries in the event that they make mistakes in the performance of their responsibilities and authorities due to the overlap between the application of criminal law governed in the Penal Code (KUHP) and the UUJN. According to UUJN, a notary may face civil, administrative, or ethical code of the notary profession sanctions if they violate the law while performing their duties. The purpose of this study is to comprehend and clarify the legal ramifications of authentic deed forging on the deed's legal validity as well as the criminal responsibility of notaries who engage in this practice. This study employed a normative, legislative, and conceptual approach as its methodology. The findings of this study suggest that the legal ramifications of forging authentic deeds on their legal validity are as follows: if a prerequisite for the deed's creation is not fulfilled, it will lose its uniqueness and be deemed legally defective, meaning it will be deemed invalid and have no valid probative value.
Consumer Protection against Upselling Practices in Food Product Marketing Strategies Ulya, Selma Lailatul; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.978

Abstract

In the marketing industry, sales strategies are essential to increase the number of product sales. Business actors use various sales strategies to ensure that their goods sell quickly in the market and in demand, making customers tempted. The transaction process that occurs in the relationship between business actors and consumers continues to develop, which has an impact on changes in the legal construction that occurs in the relationship between business actors and consumers. The practice of upselling, which is often used by business actors in the food industry, can potentially harm consumers if it lacks transparency and clear consent. Therefore, efforts to provide protection to consumers are important in this era of free trade. This study aims to assess the extent to which upselling practices comply with existing regulations, as well as provide recommendations to regulators and stakeholders regarding consumer protection and the development of stricter regulations or ethical guidelines. The research method used is normative and legal, using secondary data sources and based on primary law. The findings show that although upselling is allowed, business actors must provide accurate information to consumers. This research concludes that there is a need for stricter law enforcement and increased awareness of businesses and consumers about their rights and obligations to prevent harmful practices.
Perspektif Hukum Perdata Indonesia dan Hukum Kanonik terhadap Perceraian dalam Komunitas Katolik Larantukan, Rafael Suban; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1011

Abstract

The objective of this study is to analyze the legal validity of divorce within the Indonesian Civil Law system and Canon Law of the Catholic Church, as well as to identify its legal implications for Catholics in Indonesia. Under Indonesian Civil Law, divorce is considered valid based on specific grounds such as adultery, domestic violence, and continuous disharmony. In contrast, Canon Law of the Catholic Church views marriage as a perpetual sacrament that cannot be dissolved except through an annulment, which requires specific conditions. This study employs a normative juridical approach using legal analysis through literature reviews and relevant legislation. The findings reveal that the conflict between civil law and canon law significantly impacts the social, moral, and spiritual aspects of Catholics. Divorce under civil law is often not recognized by the Church, leading to divorced individuals being considered still bound by the sacrament of marriage. This situation creates social stigma and alienation from the church community, as well as limits their access to certain sacraments.