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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Sehasen
Irene Mariane
Universitas Trisakti
Law, Crime, Criminology & Criminal Justice

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The Binding Force Of A Deed Not Read By A Notary Irene Mariane
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7200

Abstract

This study aims to examine the validity of notarial deeds that are not read out in the presence of the parties and witnesses, as well as to analyze and determine the role of the Notary Supervisory Council in terms of enforcement under the laws of the Republic of Indonesia related to the behavior of notaries who do not read out notarial deeds that they have made. This research is a qualitative normative legal study, examining the legal norms pertaining to the validity of notarial deeds that are not read out by notaries in the presence of the parties and witnesses at the time of signing the deed minutes. The study's findings revealed that it is the responsibility of the notary to guarantee the veracity of the day, date, month, year, and hour indicated at the commencement of the notarial instrument. This serves to substantiate the fact that the parties have appeared and affixed their signatures on this document, and that all procedures have been conducted in accordance with the stipulations outlined in the UUJN. In the event that a notarial deed is not read aloud to the parties and witnesses due to the negligence of the notary, it is undoubtedly in contravention of the provisions set forth in the UUJN, which will undoubtedly have legal implications for both the deed and the notary in question. The failure of a Notary to read a deed aloud will inevitably result in a reduction in the evidentiary value attributed to the deed in question, resulting in it becoming akin to a deed written under one's own hand as per the stipulations outlined in Article 16, paragraph 9 of the UUJN.
The Philosophical Foundation of Intellectual Property Rights Protection Setyaningsih Setyaningsih; Aline Gratika Nugrahani; Irene Mariane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4643

Abstract

The communal system that lives in Indonesian society creates a view and culture that seems to oppose the presence of IPR because of its individuality. Enforcement of IPR protection in Indonesia is still a big homework for the Indonesian government in the midst of the communality of Indonesian society. On the other hand, the pressure of large countries has triggered the imposition of IPR regulations in Indonesia. As a result, Indonesia always holds the status of priority watch list. This paper discusses the philosophical basis for IPR protection in accordance with the character of Indonesian society. This paper will also examine how religion views the concept of IPR protection. So that IPR can be well received and grow properly in Indonesia. The writing uses normative research methods. Finally, it can be concluded that the MUI fatwa which prohibits and forbids the use of Intellectual Property Rights belonging to others without permission, is a strong foundation to sensitize Indonesian society as a religious society that is very obedient to its religious teachings to comply with the protection of Intellectual Property Rights.
Urban Agrarian Reform as a Legal Effort by Communities to Defend Their Land Tenure Rights Irene Mariane
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4644

Abstract

Urban agrarian reform is a significant issue in Indonesia, often overshadowed by rural land disputes. Rapid urbanization in major cities such as Jakarta, Surabaya, and Bandung has led to complex land conflicts, particularly affecting people living in informal settlements with unclear land ownership status. This study aims to explore the legal measures available to urban communities to defend their land rights amidst forced evictions and inadequate relocation solutions. Using a literature review approach, data was collected from academic journals, books, policy reports, and official government documents. The analysis identified key themes such as unclear land ownership status, inadequate compensation, and relocation, as well as the legal barriers faced by affected communities. The findings highlight the need for transparent mediation processes, fair compensation, and effective land titling programs to ensure social justice and sustainable urban development. By strengthening civil society organizations and fostering collaboration between government, communities, and NGOs, the study proposes strategies to improve the effectiveness of urban agrarian reform in Indonesia
Co-Authors Aline Gratika Nugrahani Setyaningsih