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All Journal Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Lintang Cahya Primadani
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Notary Responsibility for Legally Defective Deeds: Analysis of the Principle of Due Diligence in the Performance of Public Official Duties Triwanto Triwanto; Alya Maya Khonsa Rahayu; FX. Hastowo Broto Laksito; Lintang Cahya Primadani
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 1 (2026): Januari: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i1.2822

Abstract

This article comprehensively discusses the responsibility of notary for legally defective deeds, with an emphasis on the application of the principle of prudence as the foundation of the notary profession's professionalism and integrity. This research uses a normative legal method with a legislative, conceptual, and case approach to analyze the relationship between notary negligence and the resulting civil liability consequences. The study results indicate that the principle of prudence plays a central role in determining the limits of a notary's legal liability, as any negligent action in verifying identity, document validity, or the substance of the deed can cause legal harm to the parties. Conversely, if the notary can prove that their actions were in accordance with legal procedures and professional ethical standards, they can be absolved of civil liability claims. Additionally, this research also highlights the importance of applying the principle of due diligence in the context of the digitalization of notarial services, which demands stricter verification and authentication. Thus, the principle of prudence not only serves as a legal principle but also as a moral foundation that guaranties justice, certainty, and legal protection for society, as well as upholding the dignity of the notarial profession.
Electoral Justice in Indonesia's Presidential System: A Normative Study of the Presidential Threshold and Constitutional Court Decision No. 14/PUU-XI/2013 Santoso Budi Nursal Umar; FX. Hastowo Broto Laksito; Lintang Cahya Primadani
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 1 (2026): Januari: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i1.2827

Abstract

This research aims to normatively analyze the legal basis, rationality, and implications of the presidential threshold on the multi-party system and the principle of electoral justice in Indonesia, with a focus on Constitutional Court Decision Number 14/PUU-XI/2013. Thru a normative legal approach, this research examines the provisions of Article 222 of Law Number 7 of 2017 concerning General Elections and the Constitutional Court's constitutional arguments in maintaining the presidential nomination threshold. The analysis results show that although formally the presidential threshold is an open and legitimate legal policy, it substantially creates political inequality and limits the participation of small parties in the multi-party system. The Constitutional Court's decision is considered not fully reflective of the principles of electoral justice and popular sovereignty, as it prioritizes government stability over political equality. Therefore, it is necessary to reformulate the presidential candidacy threshold policy to make it more proportional, inclusive, and aligned with the principles of constitutional democracy. This reform is expected to strengthen the legitimacy of Indonesia's presidential system without neglecting the fundamental values of justice and political representation of the people.  
Co-Authors Alya Maya Khonsa Rahayu FX Hastowo Broto Laksito Santoso Budi Nursal Umar Triwanto Triwanto