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All Journal Lex Librum : Jurnal Ilmu Hukum
Prihantiwi, Lidwina Tessa Kurnia
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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CYBER NOTARY MENJADI SOLUSI PROBLEMATIKA PERJANJIAN ENDORSEMENT Prihantiwi, Lidwina Tessa Kurnia
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.502

Abstract

This article aims to identify the issues arising from endorsement agreements made without a Notarial Deed and analyze why many endorsers and endorsees prefer to make such agreements without a Notarial Deed, despite the potential legal problems that may arise. Additionally, the article proposes solutions to address these issues. This study employs a normative juridical approach with a prescriptive nature. The data used are secondary, collected through document and literature studies, with analysis conducted using a deductive method. The research findings reveal two main issues stemming from endorsement agreements made without a Notarial Deed: violations of the principle of freedom of contract and the potential use of such agreements for money laundering purposes. The reasons endorsers and endorsees prefer agreements without a Notarial Deed include the desire for a quick and practical process, while creating an agreement with a Notarial Deed is more time-consuming. Despite the potential issues, such as standardized agreements and the risk of money laundering, endorsers and endorsees continue to choose agreements without a Notarial Deed. To address these issues, the implementation of Cyber Notary is needed in the endorsement agreement process.
KEWENANGAN NOTARIS UNTUK MEREALISASIKAN HAK CIPTA SEBAGAI JAMINAN KREDIT PERBANKAN DI INDONESIA Prihantiwi, Lidwina Tessa Kurnia
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article has a main issue regarding the authority of a notary and the obstacles to realizing copyright as a guarantee for bank credit. The purpose of this article is to identify the subject matter of the article. This article is a normative juridical legal research and has a prescriptive nature. The type of data used is secondary. The data collection techniques used were document study and literature study, then the analysis technique used was the deductive method. The results of the research show that the Notary is a public official ordered by the Copyright Law in his role in making an Authentic Deed relating to Copyright as a Fiduciary Guarantee. Notary is a party that reports money laundering in Indonesia. Notaries have various obstacles in exercising their authority. The suggestion from the author is that the President should be able to make a Government Regulation (PP) which regulates the Copyright Assessment guidelines, assessment agencies, types of copyrights that can be used as Fiduciary Guarantee, risk mitigation mandates notaries to encourage the realization of Copyright as Fiduciary Guarantee and provides special trainings for Notaries in the context of realizing Copyright as Fiduciary Guarantee. The Indonesian Notary Association should discuss the issue of Copyright as a Fiduciary Guarantee in its regular Congress so that the Notary, as one of the parties who has the authority to realize Copyright as a Fiduciary Guarantee, can exercise this authority in real terms.
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