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All Journal Jurnal Akta Pena Justisia: Media Komunikasi dan Kajian Hukum
Agus Prasetia Wiranto
UNISSULA
Law, Crime, Criminology & Criminal Justice

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The Legal Protection for The Use of A Notary's Right of Refusal in Investigations Irda Nur Khumaeroh; Agus Prasetia Wiranto; M. Rizal Bagaskoro
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41370

Abstract

One of the responsibilities of a notary in carrying out his position in accordance with his obligations and promises of office is to keep everything about the deed he makes confidential. This writing, thus, aims to find out and analyze the procedures for using the rights and obligations of refusal by notaries in investigative examinations and the forms of legal protection for notaries who are examined in the criminal justice process. This research employed normative legal research methods emphasizing document study or library research. A normative juridical approach was carried out by reviewing and studying library materials in the form of statutory regulations relating to the problem under study. The notary's right of refusal applies relatively in the sense that if there are more specific rules that invalidate the right of refusal, the notary cannot exercise his right of refusal. The form of legal protection for notaries who are examined in the criminal justice process is contained in the UUJN (Act on Notary Position), in Article 66, stating that in carrying out a summons, law enforcement officials must request permission from the Notary Honorary Council. Legal protection, according to the Notary Honorary Council, is to supervise and inspect notaries so that they continue to walk the right path in accordance with the law; when a notary is summoned in a criminal case, the Notary Honorary Council has the authority to allow it to be examined or not.
Asset Forfeiture Bill as a Challenge to Non-Conviction Based Asset Forfeiture M. Rizal Bagaskoro; Irda Nur Khumaeroh; Agus Prasetia Wiranto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Asset confiscation without criminal punishment in civil forfeiture recognizes the principle of Non Conviction Based Asset Forfeiture (NCBAF) which is a civil law instrument to confiscate assets/proceeds without going through criminal prosecution. The purpose of this writing is to design the mechanism and challenges of implementing NCBAF in the Asset Confiscation Bill. The research method used is normative juridical which emphasizes document studies or library research. The design of the PAS Bill mechanism in highlighting the traces of suspected assets is divided into several stages of practice that have been included in its content, namely starting from the tracing stage, blocking and confiscation, filing and submitting an application for asset confiscation, summons, examination in court, and asset management. The challenges of implementing NCBAF in the PAS Bill are the long process, the type which is an additional optional criminal offense, and the existence of a paradigm that pits NCBAF against the principle of the presumption of innocence so that they argue that NCBAF is contrary to Human Rights.
Co-Authors Irda Nur Khumaeroh Irda Nur Khumaeroh M. Rizal Bagaskoro M. Rizal Bagaskoro