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All Journal Jurnal Akta Jurnal Hukum dan Keadilan
Sari, Ratih Mega Puspa
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Law, Crime, Criminology & Criminal Justice

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The Role of Notaries in Civil Agreements Legality and Validity of Deeds Sari, Ratih Mega Puspa; Iskandar PP, Agus; Lumingkewas, Cindy Sandra; Mariani, Mariani
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.321

Abstract

This study aims to analyze the role of notaries in ensuring the legality and validity of deeds as legal instruments in civil agreements. The main focus of this study is how notaries through their authority in making authentic deeds can provide legal protection and create legal certainty for the parties who agree in civil legal relations. The method used is the normative legal research method with a statute approach, a conceptual approach, and a case approach. Data were obtained from primary legal materials such as laws and court decisions, secondary legal materials in the form of literature and scientific articles, and tertiary legal materials as a complement. Data collection techniques were carried out through literature studies and analyzed descriptively-qualitatively. The results of the study show that notaries play a vital role in ensuring the formal and material validity of an agreement through the authentic deeds they make. Notaries not only act as public officials who record the will of the parties, but also as guardians of professionalism, integrity, and legal order in society. Therefore, enforcement of professional standards and supervision of notarial practices are important in ensuring that notarial functions run in accordance with the principles of justice and legal certainty
The Marriage Agreement as an Effort to Prevent Domestic Violence (KDRT) Sari, Ratih Mega Puspa
JURNAL AKTA Vol 12, No 2 (2025): June 2025
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.v12i2.45701

Abstract

Marriage is the first step for someone in forming a harmonious and happy family, because the realization of a sakinah, mawadah wa rahmah household is the true goal of marriage. This is what makes marriage a sacred agreement that must be maintained and its existence maintained. Although in marriage every couple has the goal of a peaceful, safe and peaceful family, in reality not all marriages can realize the goals of marriage itself. This can be caused by many factors, one of which is Domestic Violence (KDRT) committed by one of the parties, either the husband or the wife. A marriage agreement is generally known as a legal instrument that regulates the division of property between husband and wife. However, its role can be expanded to become a preventive tool in preventing domestic violence (KDRT). This study aims to examine the strategic role of a marriage agreement in forming a healthy and just household relationship. By using a normative approach and qualitative analysis of legal regulations and doctrines, it was found that a marriage agreement has the potential to provide a legal basis for protection for parties vulnerable to violence. However, its implementation still faces cultural and structural obstacles that need to be overcome through legal education and institutional strengthening.
Criminal Responsibility in Cybercrime: An Analysis of Phishing Crimes in Indonesia Sari, Ratih Mega Puspa
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.418

Abstract

The development of digital technology has increased the complexity of cybercrimes, one of which is phishing, which is increasingly prevalent in Indonesia and causes significant losses to the community. This study aims to analyze the criminal liability of phishing perpetrators  from the perspective of Indonesian criminal law and identify obstacles in law enforcement. This study uses normative juridical methods with legislative, conceptual, and case approaches, with data sources in the form of laws and regulations, academic literature, and court decisions. The results of the study show that the available legal frameworks, namely the Criminal Code, the ITE Law, and the Personal Data Protection Law, have provided a normative basis, but have not specifically regulated phishing. Law enforcement officials tend to use fraud articles (Article 378 of the Criminal Code) or electronic manipulation articles (Article 32 of the ITE Law), which cause disparities in criminal qualifications and reduce legal certainty. Proving the perpetrator's element of error (mens rea) is also still constrained by the limitations of valid digital evidence in court. These findings raise the relevance of the application of the strict liability doctrine  in certain cases, as well as the importance of corporate criminal liability in situations where electronic system operators are negligent in maintaining the security of user data. In addition to normative constraints, practical obstacles are also found in the issue of cross-jurisdictional jurisdiction, given that many phishing  attacks are transnational. Indonesia, which has not ratified the Budapest Convention on Cybercrime, faces limitations in international cooperation related to the extradition of perpetrators and evidence collection. The conclusion of this study emphasizes that the effectiveness of law enforcement against phishing is still limited, so it is necessary to update regulations, increase the capacity of the apparatus, implement corporate criminal responsibility, and strengthen international cooperation.
Analysis of the Implementation of the Criminal Procedure Code in Handling Cyber Crimes: Between Effectiveness and Justice Sari, Ratih Mega Puspa
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.454

Abstract

The development of digital technology has given rise to various forms of cybercrime that challenge the criminal procedure system in Indonesia. This study aims to analyze the implementation of the Criminal Procedure Code (KUHAP) in handling cybercrimes, with a focus on effectiveness and justice. The method used is a descriptive qualitative approach through in-depth interviews with investigators, prosecutors, judges, and criminal law academics, accompanied by a documentary study of the Criminal Procedure Code (KUHAP), the ITE Law, and related court decisions. Data analysis was carried out through the stages of data reduction, data presentation, and conclusion drawing/verification, and its validity was tested using the triangulation method of sources, methods, and time. The results of the study indicate that the application of the Criminal Procedure Code (KUHAP) in cyber cases still uses a conventional legal framework that is not fully adaptive to the characteristics of digital crimes. The effectiveness of criminal procedure law in the cyber context is still limited by technical and normative obstacles, while the aspect of justice is only fulfilled at the procedural level, not substantive. This study recommends the need for an update to the KUHAP based on a digital justice system to ensure a balance between effective law enforcement and substantive justice in the information technology era.
Co-Authors Iskandar PP, Agus Lumingkewas, Cindy Sandra Mariani Mariani