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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Krisno Jatmiko
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Kekuatan Pembuktian Akta Notaris yang Menimbulkan Sengketa Perdata Tinjauan Yuridis dalam Perkara No.165/PDT/2017/PT.MTR Wahyu Mustariyanto; Krisno Jatmiko; Della Zaskia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i4.9671

Abstract

A notary is a state-appointed public official vested with the duty and authority to draw up deeds. Pursuant to Article 1 point 1 of Law No. 2 of 2014, which amends Law No. 30 of 2004 on the Position of Notary, a notary is characterized as a public official empowered to prepare authentic deeds and endowed with additional authorities as stipulated by this law or other relevant legislation. In carrying out their duties, notaries have a moral responsibility towards their profession. Paul F. Camanisch stated that the profession is a moral community that shares the same ideals and values. This professional group has guidelines known as the Code of Professional Ethics. Violations of the notary's position can result in responsibility for the person carrying out the profession, both administratively and in civil compensation. Furthermore, notaries can be subject to criminal responsibility if they violate the Criminal Code in carrying out their duties and can be held accountable for actions taken in making Authentic Deeds that are not in accordance with the law.
Efektivitas Sistem Checks and Balances dalam Ketatanegaraan Indonesia Ofinius Dawolo; Riki Al Farisi; Sugiono Eksantoso; Krisno Jatmiko
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11456

Abstract

Although the principle of separation of powers has received considerable attention in various constitutional studies, research specifically examining the practical effectiveness of checks and balances mechanisms following the amendments to the UUD NRI Tahun 1945 remains limited. This study aims to analyze the effectiveness of implementing the checks and balances system in Indonesia’s constitutional system and identify the factors influencing its implementation. The study employed a normative legal method with statutory and conceptual approaches. The legal materials analyzed included the UUD NRI Tahun 1945, laws and regulations, Constitutional Court decisions, books, and scholarly journal articles. The results indicate that, normatively, the checks and balances system has been designed through a relatively balanced distribution of authority among state institutions in accordance with the principle of separation of powers. However, its implementation continues to face various obstacles, including the dominance of political coalitions, the weak oversight function of the DPR, political interference in independent institutions, and a weak constitutional culture. These findings strengthen constitutional law scholarship on institutional accountability while broadening the understanding of the gap between normative design and the practice of power distribution within Indonesia’s presidential system. This study concludes that institutional independence and strengthened constitutional literacy are important factors in establishing an effective checks and balances mechanism. The implications of this study include a theoretical contribution to the development of constitutional law literature and practical implications for legislative reform and the strengthening of public constitutional education. This study also opens opportunities for further research on the empirical performance of state institutions in carrying out their functions of oversight and balancing power.
Etika Hakim dalam Menjaga Independensi Peradilan di Tengah Tekanan Publik Digital Firman Syah; James Nur Esa R; Krisno Jatmiko; Setyo Utomo
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11458

Abstract

Although judicial independence has received attention in various legal studies, research specifically examining the role of judicial ethics as a safeguard against informal digital-based public pressure remains limited. This study aims to analyze the role of judicial ethics in maintaining judicial independence amid digital public pressure and identify the forms of pressure faced by judges when deciding cases that attract public attention. The study employed a normative legal method using statutory and conceptual approaches. The primary legal materials included the UUD NRI Tahun 1945, Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman, and the Kode Etik dan Pedoman Perilaku Hakim (KEPPH), while the secondary legal materials comprised national and international scholarly journal articles. All legal materials were analyzed descriptively and analytically. The results indicate that judicial ethics serve as moral and professional guidelines for maintaining judges’ integrity, impartiality, and independence. The Bangalore Principles of Judicial Conduct and the KEPPH constitute the principal normative instruments for strengthening such independence. However, the accelerated circulation of information through social media has created new forms of digital public pressure, such as trial by social media, which increase judges’ psychological burden and necessitate stronger ethical oversight mechanisms. These findings contribute to the development of judicial ethics studies in the digital era while broadening the understanding of informal intervention in judicial proceedings. This study affirms that strengthening professional ethics and institutional protection is necessary to safeguard judicial independence from the pressure of digital public opinion. The implications of this study include a theoretical contribution to the literature on judicial ethics and practical implications for the Mahkamah Agung and Komisi Yudisial in designing mechanisms for the protection and ethical oversight of judges in the digital era. This study also opens opportunities for empirical research on judges’ direct experiences in dealing with digital public pressure.
Co-Authors Della Zaskia Firman syah James Nur Esa R Ofinius Dawolo Riki Al Farisi Setyo Utomo Sugiono Eksantoso Wahyu Mustariyanto