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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.
Feminist Legal Theory on the Criminalization of Abortion for Rape Victims Irda Nur Khumaeroh; M. Rizal Bagaskoro
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.1008-1022

Abstract

In Indonesia, abortion is a complicated issue, caught between criminal charges, intense social stigma, and a health information system that's frustratingly murky and hard to navigate. Legally, the government only allows it in very specific cases: dire medical emergencies or pregnancies stemming from rape. This paper leans on Feminist Legal Theory to unpack all this—a framework that calls out how traditional law feels stamped with "masculine" traits, all cool-headed rationality, objectivity, abstract logic that often brushes aside what women actually go through. This study focuses on how the rules handle abortion for rape survivors and why it still gets hit with criminal labels, viewed squarely through that feminist legal lens. Using a normative juridical approach, literature and secondary data are analysed through both statutory and historical angles. The findings show that abortion for women rape victims in Indonesia is legally considered as acts punishable with criminal penalties. In the previous version of KUHP, abortion was regulated in Articles 299, 346, 347, 348, and 349. Amendment of these provisions then regulate legal abortion procedures through Law Number 1 of 2023 concerning the Criminal Code, Law Number 17 of 2023 concerning Health, and Government Regulation Number 61 of 2014. When abortion criminalization is analysed using feminist legal theory, particularly the radical feminism stream, the law still has not made women have equal legal protection. Criminalization of abortion against women can be analysed through the perspective of radical feminist theory encompassing: control over women's bodies, punishment of women's independence, stigma and misinformation, socio-economic inequality, dehumanization of women.