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Validity of Electronic Signature on Deed of Sale and Purchase Agreement Isretno Israhadi, Evita
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : STMIK Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.2.968

Abstract

The development of technology today is increasingly advanced and sophisticated. Many changes have occurred, one of which is the number of transactions carried out via the internet. Therefore, electronic signatures or digital signatures that are made electronically based on asymmetric cryptography technology and have the same function as ordinary signatures on ordinary paper documents. Regarding evidence in court, there are several differences of opinion regarding the evidentiary power of electronically signed electronic documents. Electronic documents that have been electronically signed have the same evidentiary power as authentic deeds made by authorized officials, but differences of opinion arise from the notary. It is considered that it does not meet the requirements as an authentic deed, namely not facing directly to the authorized official. The legal power of electronic signatures needs to be further analyzed in the event of a dispute between the parties to an electronic agreement and the position of electronic signatures can or cannot be equated with conventional signatures. This research uses normative juridical method with statutory approach and conceptual approach. The resulting conclusion is that the validity of electronic signatures in the deed of sale and purchase agreement has not been recognized by the Electronic Information and Transaction Law.
The Responsibility of Social Welfare Institutions in the Implementation of Collecting Money or Goods in the Digital Era Cahyady, Yadhy; Isretno Israhadi, Evita
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1109.31 KB) | DOI: 10.58631/injurity.v2i2.39

Abstract

ABSTRACT The implementation of the collection of money or goods is carried out by the community through legal entity social organizations, consisting of associations or foundations. The organization of the collection of money or goods must be obtained a permit from the minister who organizes government affairs in the social sector, governor, or regent/mayor in accordance with their authorities, with the requirements, including that they must attach a registration document of a social welfare institution. In this digital era, the implementation of money or goods collection is mostly performed through digital applications, electronic money services, and social media. In order to organize the collection of money or goods, the licensed organizer is obliged to provide a report along with the progress report. Furthermore, the monitoring process is carried out by the government's internal supervisory officers, the curbing task force, and the community. The normative juridical method is used in this research, with a statutory approach based on secondary data obtained through document studies. Then, it would be analyzed using deductive logic. The legal issues in this research are: First, how is the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era. Second, why is it necessary to supervise the implementation of money or goods collection carried out by social welfare institutions in the digital era. From this research, the writer expects to obtain a formulation of norms that can provide legal knowledge about the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era.
The Efforts to Align Legal Vacancies in Law Number 4 of 2023 to Strengthen the Independence of the Financial Services Authority in Supervising the Financial Services Sector Sarwono, Edi; Isretno Israhadi, Evita
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The legal gap in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Services Sector is a significant challenge to the effectiveness of supervision of the Financial Services Authority (OJK) in Indonesia. Issues such as unclear definitions, lack of specific provisions, ambiguity in inter-agency relations, and minimal strict law enforcement have resulted in doubts about the implementation of OJK's duties. To overcome these problems, efforts are needed to harmonize through the formulation of clear definitions, the regulation of more specific provisions, and increased coordination between institutions. In addition, providing law enforcement powers and facilitating the preparation of derivative regulations are also important to strengthen OJK's independence. With these alignment steps, it is hoped that OJK can operate more effectively and contribute to the stability of the financial services sector in Indonesia
Legal and Ethical Void in the Implementation of Stem Cell Technology in Indonesia Marliana, Lia; Isretno Israhadi, Evita
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.298

Abstract

This study examines the legal gaps and ethical challenges in stem cell technology utilization in Indonesia. Stem cell technology in embryonic stem cells offers great potential in the medical field but also faces controversies and complex regulatory issues. The study identifies the legal gaps in current regulations and their impact on legal certainty for researchers, medical practitioners, and patients. It also analyzes the limitations of existing rules and proposes legal reformulation to address rapid technological developments and emerging ethical issues. The methodology in this study uses normative legal methods with legislative and analytical approaches to evaluate regulations related to stem cells in Indonesia. The findings of this study are expected to guide effective regulatory reform to support safe and ethical innovation of stem cell technology in Indonesia. It concludes that the legal void in stem cell technology regulation creates challenges such as uncertainty for stakeholders, security and ethical risks, and hindered research progress, necessitating comprehensive legal reform to establish clear guidelines, update security standards, integrate ethics, ensure transparency, and align with international standards to support safe innovation and protect public welfare.
Dilemma of Legal Protection for TNI Soldiers Due to the Legal Vacuum in Military Administrative Procedure Regarding Litigation Mechanisms and Non-Litigation Options Angling, Angling; Isretno Israhadi, Evita
Devotion : Journal of Research and Community Service Vol. 5 No. 12 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i12.20693

Abstract

This research addresses the legal vacuum experienced by TNI soldiers due to the absence of a Government Regulation governing military administrative procedural law, as mandated by Law Number 31 of 1997 on Military Justice. The study aims to analyze the impact of this legal uncertainty on soldiers' access to justice, particularly those who feel aggrieved by military administrative decisions, while highlighting real-life examples of the challenges they encounter in pursuing justice. A normative juridical method with a descriptive-analytical approach is employed to examine relevant legal materials, cases, and theoretical frameworks. The results reveal significant legal uncertainty that creates barriers for soldiers to challenge administrative decisions effectively, leading to a lack of clarity in resolving disputes and protecting their rights. The findings underscore the urgent need for policy interventions, including issuing clear and comprehensive regulations on military administrative procedural law and establishing a specialized institution dedicated to handling such disputes. In conclusion, this research emphasizes the importance of addressing the legal vacuum to strengthen the legal system, ensure fairness, and safeguard the rights of TNI soldiers in Indonesia.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Rizalni Kurniawan, Aan; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

Abstract

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics Munir, Miftahul; Riswadi, Riswadi; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.836

Abstract

In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.
Legal Protection For Teachers In Implementing Student Disciplinary Assignments Sungsang, Jamaluddin; Isretno Israhadi, Evita; Redi, Ahmad
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.837

Abstract

Training is a cognizant and arranged work to make a learning air and educational experience so understudies effectively foster their capability to have profound strength, poise, character, honorable person, and the abilities required without anyone else, society, country, and state. Without schooling that is by public character, the objectives of accomplishing instruction might be satisfied. The critical advancement of the country is the advancement of schooling possessed by the country. The exploration technique utilized is regulating legitimate examination which is expressive investigation. The design is to find the execution of legitimate security for educators in giving discipline to teach their understudies. In light of the consequences of the information examination, it was presumed that Regulation Number 14 of 2005 concerning educators and speakers has rigorously safeguarded the endlessly showing calling, yet at the degree of execution, the force of the law is as yet not seen to have added to the destiny of instructors as teachers. Moves made by instructors to train understudies inside specific cutoff points and are viewed as having satisfactory objectives by everybody can overrule criminal authorizations. Giving lawful security to educators in leading their expert duties is purposed.
Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses Priyanto, Bambang Budi; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.858

Abstract

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.