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All Journal Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik Proceeding of the International Conference on Law and Human Rights
Rizqi Robi Ali Sodiqin
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Law, Crime, Criminology & Criminal Justice

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The Ultimum Remedium Principle in Legal Protection Notary Position Rizqi Robi Ali Sodiqin
Proceeding of the International Conference on Law and Human Rights Vol. 1 No. 1 (2024): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v1i1.6

Abstract

The problem of criminal law enforcement occurs when the adequacy of evidence and information is inadequate in the judicial process. The position of Notary seems to get impunity in the criminal justice process. This article aims to analyze the principle of ultimum remedium in criminal law enforcement in relation to the legal protection of the position of Notary. The research method uses normative juridical and conceptual-based analysis orientation and statutory regulations. The research findings explain that Article 66 of Law No. 2 of 2014 is the application of the ultimum remedium principle and becomes a norm of legal protection for the position of Notary in certain case requests. The Notary Honorary Council is given an order in the name of the law to accept or reject a letter of request for approval from Law Enforcement Officers in the context of investigations and examinations in Court. This provision is mutatis muntandis for the legal protection of Notaries.
Prinsip Jaminan Hukum Sebagai Jaminan Sertifikasi Tanda Tangan Elektronik Rizqi Robi Ali Sodiqin
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 2 (2024): Juni : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i2.30

Abstract

Technological developments by international organizations see the need for recognition and regulation of legal certainty in the field of information technology, regarding electronic transactions with digital signatures. Legal certainty regulates clearly and logically, which means there is clarity and firmness in the application of law to e-signature regulations, and e-signature certification to guarantee legal certainty. Regulations on the use of e-signatures are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Recognition of electronic signatures as valid legal evidence and electronic certification providers. The use of e-Signature is also regulated in implementing laws and regulations, namely Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, including the introduction of electronic signatures as a legal instrument, electronic signatures as a means of authentication and verification, data for creating electronic signatures , electronic signature signing process, electronic certification organizer. To use electronic signatures, you need to choose a company that has received certification and can operate globally without having to worry about document security.
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