Anami, Mulan Kasisty
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Analisis Hukum Perdata Pada Perlindungan Hukum Bagi Para Pihak Dalam Kontrak Digital: Studi Kasus Sengketa Saldo DANA Anami, Mulan Kasisty; Lidowati, Alvina Maretia; Panjaitan, Rachel Netanya; Fadhila, Rasya Aika; Purba, Diana Febri Nauli; S, Surahmad
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15260235

Abstract

The rapid development of information technology in the digital era has led to the emergence of digital contracts as agreements conducted through electronic media. Digital contracts share similarities with conventional contracts and are binding to the parties involved as regulated in Article 1320 of the Civil Code, but pose new challenges regarding legal protection for involved parties. This study aims to analyze the legal basis for protection in digital contracts and its practical application. Using a normative juridical method, this research examines regulations such as the Civil Code, ITE Law, Government Regulation No. 71 of 2019, and PDP Law to understand the validity of digital contracts and dispute resolution mechanisms. A case study on DANA balance disputes highlights that while regulations are in place, the implementation of legal protection still requires strengthening. The findings of this study are expected to provide recommendations for enhancing the effectiveness of legal protection in digital contracts in Indonesia.
The Responsibility of Land Deed Making Officials and Notaries in Illegal Land Rights Transfer (Case Study of Nirina Zubir Land Mafia) Anami, Mulan Kasisty; Hadi, Syamsul
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48687

Abstract

The involvement of rogue Land Deed Officials (PPAT) and Notaries in illegal land title transfers, exemplified by the case of Nirina Zubir, constitutes a severe breach of their Profession Code of Ethics and professional oath. This highlights their failure to perform the principle of due diligence, as it is exploited by involving themselves in land mafias practice. The professional duty to act with honesty, integrity, diligence, independence, and impartiality, mandated by the Code of Ethics, the Notary Public Law (UUJN), and Regulation on the Office of the PPAT is violated when an authentic deed is issued based on forged documents or false identities. Such actions directly cause significant material losses and trigger a Tort (Perbuatan Melawan Hukum/PMH) under Article 1365 of the Civil Code. The consequences of these ethical violations are layered, encompassing professional disciplinary sanctions (ranging up to dishonorable discharge by the Notary Honorary Council or the PPAT Honorary Assembly), along with potential civil and criminal liability. This makes it a crucial issue demanding rigorous legal and ethical enforcement to restore the profession's integrity and ensure legal certainty in land affairs.