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Concept of Non-Discrimination Letter of Inheritance Rights Based on Positive Law in Indonesia Bunawan, Petra; Syafriani, Ilma
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.80

Abstract

The certificate of heirs serves to show who is entitled to the inheritance left by someone who has died (heir) which forms the basis for the department of inheritance each over who's entitled and/or how many stocks are entitled to be owned by using the heirs. There are 3 (3) officers for Making heir certificates, specifically Notary, Probate court and Lurah/Village heads and showed by means of the sub-district head. The question why the certificate of heirs is not made through only one reputable has its very own ancient historical past..The criminal arrangements that were in impact at that time in Indonesia did no longer offer felony truth, and at this country followed elegance discrimination. an appropriate is as a country that were unbiased from Dutch colonialism, which have to have abolished the type of the populace race in Indonesia. The classification of the populace race isn't according with Pancasila and the charter, because it includes the precept of discrimination and is a legacy of the nation that used to colonize Indonesia. At present Citizenship law variety 12 of 2006 which turned into surpassed on June 21, 2006 which in principle simplest acknowledges Indonesian citizens and foreign residents and now not mentions population type. in addition, law variety 23 of 2006 as amended by law wide variety 24 of 2013 regarding population administration has additionally abolished it. The non-discrimination precept is also said via regulation quantity 40 of 2008 regarding the removal of racial and ethnic discrimination. This law explicitly orders all elements of country management to do away with all forms of discrimination in opposition to race and ethnicity. consequently, non-discrimination principle need to be applied in inheritance certificates and the legal authentic in making the assertion of inheritance rights, by means of the officials who has the authority to put in writing it. Prioritizing the principle of non-discrimination is a need to.
The Role Of The State Towards Data Protection In The Use Of Artificial In-telligence Through The Cooperation Between Countries In Asean Gandawidjaja, Yanly; Bunawan, Petra; F. X. Purba, Christian Josua
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1205

Abstract

Cutting-edge technology, including Artificial Intelligence (AI), is essential for supporting human activities, automating tasks, and processing vast amounts of data. However, the use of AI raises concerns about data security, privacy, and the role of humans in legal decision-making. This study explores Indonesia's role in protecting personal data amidst AI advancements and its efforts to establish cross-border data protection cooperation within ASEAN. Using a normative juridical research method, this study examines legal aspects, literature, and case studies through conceptual, analytical, and case approaches, analyzing the data qualitatively. Indonesia ensures legal certainty in personal data protection through Law No. 27 of 2022 on Personal Data Protection. Additionally, Minister of Communication and Information Circular Letter No. 9 of 2023 on AI Ethics serves as a guideline for electronic system administrators to implement technology responsibly. At the regional level, Indonesia collaborates with ASEAN countries to address cross-border data protection. It participated in the formulation of the "ASEAN Framework on Personal Data Protection," which provides non-binding guidelines for member countries in drafting national regulations. Despite its non-obligatory nature, this framework's principles influence Indonesia’s approach to personal data protection and promote regional cooperation. Through bilateral, multilateral, and regional efforts, Indonesia seeks to enhance data protection and address challenges arising from AI integration in daily life
Legal Standing of Condominium Owners Association Independently Established During Developer Bankruptcy Intan, Rateh Nyimas; Noor, H. Aslan; Bunawan, Petra
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.129

Abstract

This study examines the legal standing of condominium owners' association establishment deeds created independently by unit owners and residents when the developer company is declared bankrupt. The research also identifies appropriate dispute-resolution mechanisms for resolving disputes between residents and bankrupt developers regarding association formation. This study employs a normative juridical method, drawing on statutory and case law. Law Number 20 of 2011 concerning Condominiums mandates developers to establish owners' associations within a specified period. However, in practice, developers fail to fulfil this obligation, leaving residents without legal representation in collective property management. In such circumstances, unit owners may independently form their association through deliberation, documented in a notarial deed. The findings demonstrate that association establishment deeds created independently by residents possess valid legal standing and binding force, provided they satisfy the requirements under Article 1320 of the Indonesian Civil Code and comply with applicable procedural regulations. The developer's bankruptcy status does not invalidate a previously established association, as the association constitutes an independent legal entity separate from the developer. Dispute resolution should prioritise mediation to achieve mutual agreement among the parties. However, when mediation fails due to the developer's bad faith or unwillingness to transfer management authority, residents may file lawsuits to obtain legal certainty and compensation for damages incurred. Additionally, developers who neglect their obligation to facilitate association formation may be subject to administrative sanctions under condominium regulations.