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Parate Execution Agianst Third Party Interest From Debtor Default and Creditor Breach Within The Framework Of National Security Law Pranowo, Yusuf; Yuhelson , Yuhelson; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.922

Abstract

This research aims to analyse the implementation of parate execution in the legal system of property security in Indonesia, especially in relation to the protection of third-party rights. Although parate execution is a creditor's right that is legally regulated in legislation, its practice often raises issues of justice, legal certainty, and legal expediency. Third parties, such as heirs or auction buyers, often suffer losses because their rights are not properly considered or protected. This research uses a normative juridical approach by analysing parate execution cases involving conflicts between creditors, debtors, and third parties. The results show that there is injustice in the implementation of parate execution when the rights of third parties are ignored, as well as legal uncertainty due to inconsistent procedures and rules for execution. In addition, the current legal system has not been able to create optimal legal benefits, as third parties often do not receive adequate protection. Based on these findings, the study recommends clearer regulatory reforms and transparent procedures to protect the rights of third parties. This reform is needed to ensure that the implementation of parate execution is fair, provides legal certainty, and produces equitable benefits for all parties involved.
The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia Kirana, Claradyta; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.937

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.
The Role Of Constitutional Law in Regional Autonomy Deltanto Sarwi Diatmiko, Raden; Djunaedi, O.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.942

Abstract

This research aims to analyse the influence of constitutional law foundations on the implementation of regional autonomy policies in Indonesia. Using a normative legal research methodology with a statutory approach, this study examines the legal norms governing regional autonomy as well as analyses the authority between the central and regional governments. The results show that the clarity of legal regulations contributes significantly to the effectiveness of regional autonomy, while overlapping authority and weak monitoring mechanisms are obstacles. This study concludes that strengthening regulations and public participation are essential to improve the successful implementation of regional autonomy policies.
Challenges For Capital Market Investors Post Effectiveness UU No.4 Of 2023 Concernng Development and Strengthening The Financial Sector In Indonesia Wulan Wuryandari, Rr. Utji Sri; Surono, Agus; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.971

Abstract

The aims of this study are: firstly, to examine the legal protection of capital market investors after the enactment of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector; and secondly, to examine the implementation of Article 49 paragraph (5) of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector which regulates the authority of the Financial Services Authority (OJK) as the sole investigator in the financial services sector, especially in the capital market field. This study uses normative research methods and a qualitative analysis approach. This study concludes that legal protection for capital market investors cannot fully follow what is regulated and mandated by law in the financial sector. This is hampered by the rejection of judicial review regarding laws in the financial sector. The next conclusion is that Article 49 paragraphs (1) and (5) which regulate the authority of the OJK as the sole investigator in the financial services sector cannot yet be implemented due to Constitutional Court Decision No. 59/PUU-XXI/2023. The Constitutional Court's decision granted the lawsuit so that the investigative authority for criminal acts in the financial services sector continues to involve the Police in addition to the OJK. Because Article 49 of Law No. 4 of 2023 cannot be applied to OJK's authority, so the implementation of its authority continues to follow Law No. 21 of 2011 concerning the Financial Services Authority. Furthermore, this study is aimed at realizing a more comprehensive arrangement in the financial sector, especially in the capital markets sector
EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA: EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA Al, Bintang; Yuhelson, Yuhelson; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.185

Abstract

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.
THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS: THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS Lawe, Dedi Marsudi; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.199

Abstract

This research discusses the alternative of tax debt repayment by third parties as a solution for taxpayers in Indonesia who experience economic limitations in fulfilling their tax obligations. Amidst the low tax to Gross Domestic Product (GDP) ratio and tax compliance challenges in Indonesia, third-party involvement emerges as an innovative option that can help improve tax compliance and state revenue stability. This research uses normative legal methods with statutory, conceptual, and case approaches, and is analyzed through the lens of welfare state theory, utilitarianism theory, and development law theory. The results show that the involvement of third parties in tax repayment, if based on a valid civil law relationship, can be accommodated in the Indonesian tax system to reduce the burden on taxpayers who are financially incapable. Policy recommendations include the establishment of clear regulations, a strict monitoring system, as well as an updated tax information system to support third-party involvement. The contribution of this research is to provide a legal basis and policy recommendations to create a tax system that is more inclusive, adaptive, and supports the welfare of the wider community.
LEGAL CERTAINTY OF ELECTRONIC LAND CERTIFICATES IN LAND REGISTRATION IN INDONESIA Lestari Sutrisno, Windi; Nur Widyanti, Amelia; Akkapin, Supaphorn
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 2 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i2.2592

Abstract

This research aims to analyze the legal certainty of electronic land certificates in land registration in Indonesia, with a normative approach through literature studies that analyze various related laws and regulations. Electronic land certificates are expected to provide convenience and transparency in the land registration process. However, the implementation of this system faces challenges, especially related to the validity of electronic documents, the misuse of multiple certificates, and the role of notaries in the installation of mortgage rights. This study found that despite efforts to strengthen legal certainty through regulations related to electronic land registration, implementation and law enforcement issues still need to be improved. Therefore, it is necessary to strengthen regulations, increase public understanding, and stricter supervision of the implementation of electronic land registration in Indonesia.
Digital Simulations in Science Learning: A Student Perspective on Interactive, Engagement, Conceptual Understanding, and Learning Satisfaction Wahidin, Wahidin; Gutierrez, Grace; Osman, Kamisah; Akkapin, Supaphorn; Tan, Michael Lip Thye
International Journal of Educational Qualitative Quantitative Research Vol. 4 No. 1 (2025)
Publisher : Qualitative and Quantitative Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58418/ijeqqr.v4i1.138

Abstract

Digital-based learning media offers a solution to overcome the limitations of laboratory practice and creates opportunities for more interactive, visual, and contextual learning experiences. Digital simulations in science education represent an innovative form of learning media in the era of technological transformation. However, students’ perceptions as users of learning media are closely linked to key indicators used to evaluate its effectiveness. This study aims to analyze students' perceptions of using digital simulation media in relation to learning interactivity, engagement, conceptual understanding, and satisfaction within the context of science education. A quantitative approach was employed using a survey method. Data were collected through online questionnaires from 400 high school and university students in Indonesia, Malaysia, Thailand, Singapore, and the United States of America. The data were then analyzed using Structural Equation Modeling (SEM) with the assistance of AMOS software. The results indicated that all proposed hypotheses were statistically supported. Students’ perceptions of digital simulations had a significant positive effect on perceived learning interactivity (H1), learning engagement (H2), conceptual understanding (H3), and learning satisfaction (H4). Positive student perceptions of digital learning media were strongly associated with improvements in the quality of learning interactivity, conceptual understanding, and overall satisfaction. This study makes an important empirical contribution to the development of digital learning media based on student perceptions and provides a foundation for selecting digital-based learning tools that are more responsive, engaging, and effective in the future.
Traditional Decriminalization in a Digital World: Reconstructing Criminal Policy towards Bitcoin-Based Money Laundering in the Era of Decentralized Finance Fadilah, Fadilah; Susanto, Deny; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1523

Abstract

The emergence of Bitcoin and blockchain technology as a decentralized financial infrastructure has shaken the foundations of the conventional criminal justice system, particularly in addressing money laundering offenses. This study aims to evaluate the effectiveness of existing criminal policies and reformulate the criminal law approach toward anonymous and cross-jurisdictional digital assets. Using a legal-normative method and comparative analysis of international policies, it was found that policies overly reliant on formal financial institutions become irrelevant in detecting peer-to-peer blockchain transactions. This study proposes a model for reconstructing criminal policy based on the principles of responsive law, adaptive digital surveillance (RegTech and SupTech), and transnational jurisdictional cooperation. The findings of this study are expected to provide conceptual and practical contributions to the design of a relevant, progressive, and digitally grounded criminal justice system.
Maritime Criminal Justice Transformation: A Responsive and Restorative Approach to Law Enforcement in Indonesian Waters Napitupulu, Amin Pardomuan; Yusuf Hasibuan, Fauzie; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1524

Abstract

As the world's largest archipelagic country, Indonesia faces serious challenges in enforcing criminal laws in its vast maritime territory. The current legal framework is still dominated by a fragmented, sectoral, and repressive approach that fails to address the structural and contextual nature of maritime crimes such as illegal fishing, smuggling, and marine environmental degradation. This article offers a transformative approach to Indonesia’s maritime criminal justice system by integrating responsive law theory and transformative justice into a contextual and participatory model. Through a combined normative and empirical approach, including regulatory analysis and field studies in strategic maritime areas, this study finds that the retributive criminal justice system is ineffective and lacks legitimacy, especially in cases involving marginalized coastal communities. As an alternative, this article proposes a tripartite model based on community penal mediation, digital-based inter-institutional coordination, and the harmonization of substantive legal norms within the framework of the national Criminal Code. This model aims to build a criminal justice system that is more just, participatory, and sensitive to ecological considerations.