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TANGGUNG JAWAB NOTARIS TERHADAP AKAD MURABAHAH YANG DIUBAH SECARA SEPIHAK DAN MENGAKIBATKAN KERUGIAN BAGI SALAH SATU PIHAK. Yudistira, Muhammad; Yuhelson, Yuhelson; Kencanawati, Erny
SENTRI: Jurnal Riset Ilmiah Vol. 2 No. 12 (2023): SENTRI : Jurnal Riset Ilmiah, Desember 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v2i12.1893

Abstract

In this study, the author found several cases related to the murabahah contract problem which was changed unilaterally by a notary, causing harm to one of the parties. The first formulation of the problem in this study was what was the notary's responsibility for the changes he made to the murabahah contract which was detrimental to the customer? The writer used the theory of legal responsibility according to Abdulkadir Muhammad and the theory of legal protection according to Philip M. Hadjon in order to analyze the problem. This research used normative juridical method and carried out a case approach, a statute approach, and an analytical approach in relation to the problems studied. The legal materials used are primary legal materials and secondary legal material. The researcher carried out data analysis with systematic interpretation. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT. The results of this study indicate that firstly, if the notary is not careful in issuing a copy of the murabahah contract without paying attention to the original offering letter and minutes of the murabahah contract which has been agreed upon by the parties so as to cause a change in the clause in the murabahah contract which causes losses to the customer, the notary can be held accountable in a civil manner according to Article 1365 of the Civil Code in the form of a claim for compensation in the case of committing an unlawful act this is in accordance with the theory of responsibility due to unlawful acts committed due to negligence (negligence tort lilability) according to abdulkadir muhammad. Secondly customers are protected by the existence of repressive legal protection, namely dispute resolution through litigation in religious court institutions in protecting rights that are violated in murabahah contracts, especially in sharia economic disputes, this is in accordance with the provisions of Article 55 paragraph (1) of Law 21 of 2008 concerning Banking. This sharia is in line with the theory of repressive legal protection according to Philip M. Hadjon.
TINJAUAN YURIDIS TERHADAP EFEKTIVITAS PENANGANAN KEJAHATAN SIBER TERKAIT PENCURIAN DATA PRIBADI MENURUT UNDANG-UNDANG NO. 27 TAHUN 2022 OLEH KOMINFO Yudistira, Muhammad; Ramadani, Ramadani
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.698

Abstract

Law Number 27 of 2022 concerning Personal Data Protection was passed by the President of the Republic of Indonesia on October 17, 2022 with the main aim of protecting people's personal data managed by electronic system operators (PSE), such as the Ministry of Communication and Information Technology (Kominfo), as well as preventing crimes committed by irresponsible individuals. The need to address the problem of data leakage is the main focus that must be addressed immediately with a definite and secure solution. With the enactment of this personal data protection law, it is expected to be an effective solution in dealing with the problem of personal data leakage that often occurs in Indonesia. This Personal Data Protection Act was created with the aim of protecting the privacy rights of individuals. The Academic Paper of the Personal Data Protection Law explains that "the right to privacy through the protection of personal data is a key element for individual freedom and dignity". Therefore, this personal data protection regulation is enacted to safeguard the interests of the public to avoid misuse of their personal data. The author applies a normative juridical approach method that involves analyzing each writing, rules, and its application, Kominfo collaborates with the Siberkreasi movement to provide digital education to the public. The goal is for people to be smarter in sorting information, not easily influenced by hoaxes, and less dependent on information that cannot be ascertained. Kominfo continues to collaborate with the police in law enforcement related to the spread of hoaxes. Cyber security has a very important role in protecting data security. This is because of the importance of maintaining the information stored and ensuring the data transmitted remains safe.