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Validity of Electronic Signature on Deed of Sale and Purchase Agreement Evita Isretno Israhadi
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : Universitas Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.2.968

Abstract

The development of technology today is increasingly advanced and sophisticated. Many changes have occurred, one of which is the number of transactions carried out via the internet. Therefore, electronic signatures or digital signatures that are made electronically based on asymmetric cryptography technology and have the same function as ordinary signatures on ordinary paper documents. Regarding evidence in court, there are several differences of opinion regarding the evidentiary power of electronically signed electronic documents. Electronic documents that have been electronically signed have the same evidentiary power as authentic deeds made by authorized officials, but differences of opinion arise from the notary. It is considered that it does not meet the requirements as an authentic deed, namely not facing directly to the authorized official. The legal power of electronic signatures needs to be further analyzed in the event of a dispute between the parties to an electronic agreement and the position of electronic signatures can or cannot be equated with conventional signatures. This research uses normative juridical method with statutory approach and conceptual approach. The resulting conclusion is that the validity of electronic signatures in the deed of sale and purchase agreement has not been recognized by the Electronic Information and Transaction Law.
Legal Void Regarding Discretion In The Police and The Urgency of Its Reformulation I Made Juni Artawan; Evita Isretno Israhadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.146

Abstract

Discretion is an integral part of the authority of law enforcement officers in the modern state administration system, including within the Indonesian National Police. In the context of dynamic police duties and functions that often confront unexpected situations, discretion provides a means for officers to act swiftly to maintain public order and security. However, the use of discretion by the police also carries the potential for legal issues if not supported by a clear and measurable normative framework. The fundamental problem that arises is the indication of a legal vacuum or unclear boundaries and mechanisms for implementing such discretion, which have implications for the accountability of officers' actions in the field. The absence of detailed guidelines often leads to overlapping legal interpretations and opens up loopholes for abuse of authority. It raises an urgent need to reformulate the regulation of discretion in Indonesian police law to align with the principles of a state based on the rule of law that guarantee legal certainty, justice, and the protection of human rights. This research uses a normative juridical method, an approach that focuses on the study of primary and secondary legal materials, including laws, legal literature, and other relevant normative documents. This approach aims to analyze the concept of discretion in administrative law, evaluate applicable laws and regulations, and identify normative deficiencies in current police discretionary arrangements. With this framework, this research is expected to provide theoretical and practical contributions to the development of a more responsive and accountable police legal system
The Legal Dilemma of Abortion in Addressing Social Stigma and the Uncertainty of Access to Legal Abortion Services in Indonesia Selvi Relita Fitri; Evita Isretno Israhadi
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i5.1747

Abstract

Background. Abortion in Indonesia is a complex legal issue that involves a delicate balance between protecting women’s reproductive rights and adhering to prevailing social and cultural values. While certain legal provisions allow abortion in cases such as medical emergencies or rape, the practical implementation of these policies is often hindered by legal uncertainties, social stigma, and limited access to safe and legal abortion services. Purpose. This article aims to explore the legal dilemmas surrounding abortion in Indonesia, highlight the challenges women face in accessing reproductive health services, and analyze the existing government policies that affect women’s rights in this context. Method. The research adopts a qualitative approach, reviewing relevant legal documents, policies, and case studies to assess the legal framework surrounding abortion in Indonesia. It also examines the social and cultural factors that influence the accessibility and implementation of abortion services. Results. The study reveals that despite legal provisions allowing abortion under specific circumstances, women in Indonesia continue to face significant barriers in accessing safe and legal abortion services. Legal uncertainty, social stigma, and the lack of awareness about reproductive rights contribute to the difficulties women experience in obtaining necessary healthcare. The analysis shows that current policies are insufficient to fully protect women’s reproductive rights and ensure access to safe abortion services. Conclusion. It is crucial to establish clear, equitable policies regarding abortion and reproductive health services. Additionally, public education campaigns are necessary to reduce stigma and increase awareness of women’s rights. Clear regulations, alongside efforts to inform and educate the public, are key to ensuring that women have access to safe, legal, and equitable reproductive healthcare.
Problems of Legal Efforts to Resist Execution in District Courts and High Courts up to Cassation and Judicial Review Ahmad Haikal; Evita Isretno Israhadi
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1831

Abstract

Background. The execution challenge process in Indonesia faces numerous obstacles, including procedural ambiguity, administrative inefficiencies, and case backlogs. These challenges lead to prolonged case resolution and undermine public trust in the legal system, especially among individuals with limited legal knowledge or financial resources. Purpose. This study aims to identify the main obstacles in the execution challenge process and assess their impact on legal certainty and access to justice. It also seeks to propose solutions to enhance the effectiveness and fairness of the legal system. Method. A qualitative approach was used, involving case studies, interviews with legal practitioners, and a review of legal documents to analyze procedural gaps and their effects on stakeholders. Findings. The study found that procedural complexity and administrative delays are significant obstacles, causing legal uncertainty and harming public trust. Furthermore, limited access to legal aid for disadvantaged individuals exacerbates inequality in the justice system. Conclusion. Simplifying procedures, incorporating technology in court administration, and enhancing public legal education are essential reforms to improve efficiency and accessibility. These measures will promote legal certainty and ensure equal justice for all.
Payment of Replacement Money in the Execution of Corporate Assets Based on Bankruptcy Law Lingga Nugraha; Evita Isretno Israhadi
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1649

Abstract

Background: This study examines the legal framework governing the payment of compensation in the execution of corporate assets declared bankrupt under Indonesian bankruptcy law. The research highlights issues such as payment prioritization, creditor protection, and dispute resolution in cases involving bankrupt corporate assets. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations serves as the primary legal reference. Objectives: The primary objective is to analyze the application of existing legal provisions related to compensation payments in bankruptcy cases. It also seeks to identify challenges in executing bankrupt assets and propose solutions to improve legal certainty and fairness for creditors. Methods: This research employs a normative juridical approach, utilizing legal statutes, court decisions, and scholarly literature to analyze bankruptcy law. A qualitative method is applied to explore the interpretation and application of legal norms. Research Findings: The findings reveal that challenges such as ambiguity in payment prioritization, inconsistent creditor protection, and lengthy dispute resolution processes hinder the effective execution of bankrupt assets. These issues impact the equitable distribution of corporate assets among creditors. Conclusion: A clearer legal framework is essential to protect creditors' rights and ensure the execution process aligns with justice principles. Improved clarity in legal provisions can mitigate existing challenges.