Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Indonesian Research Journal in Legal Studies
Osgar Sahim Matompo
Pascasarjana Universitas Muhammadiyah Palu
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
The Legality of Electronic Signature (Digital Signature) Judging from Civil Procedure Law Basir; Osgar Sahim Matompo; Maisa
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2750

Abstract

This study aims to determine and analyze the legal position and power of digital signatures as evidence according to government regulation Number 82 of 2012 and to determine and analyze the legal requirements for the operation of electronic systems and transactions according to government regulations Number 82 of 2012. The results of the study found that an electronic signature will have a perfect legal force if it meets the elements described in Article 53 paragraph (2) of Government Regulation No. 82 of 2012 so if it does not meet the elements of Article 53 paragraph (2) of Government Regulation No. 82 of 2012 then the implementation of the digital signature can be said to be juridical (legal defects). The legal requirements for electronic systems and transactions are based on Government Regulation 82 of 2012. According to what is described in Article 41 paragraphs (1) to (3) of government regulation Number 82 of 2012 concerning the operation of electronic systems and transactions as long as they fulfill these provisions, they can perform legal electronic transactions which are very relevant to people's lives and can make it easier for the public to conduct electronic transactions and various other electronic transactions. In addition, if the users feel that their rights have been violated during exertion, they can make reports and complaints to the authorities in the field of information technology and electronic transactions in accordance with what is described in Article 43 paragraphs (1) to (5) of Law Number 19 of 2016 on the amendment to Law Number 11 of 2008 regarding information and electronic transactions. The research advice is the need for socialization related to digital signatures by the government at all levels of society, especially in rural areas. There needs to be a definite and clear legal force from an uncertified electronic signature so that in its application it is used effectively and the provisions of laws and regulations by users in conducting electronic transactions in order to get security and definite services.
Settlement of Business Contract Disputes through Arbitration Efforts in Civil Law Review Purnawadi Otoluwa; Osgar Sahim Matompo; Irmawaty
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2754

Abstract

This study aims to identify and analyze the principles, procedures, and obstacles in resolving business contract disputes through arbitration. The results of the study found that dispute resolution through arbitration has the principle that the arbitration examination process is carried out in a closed manner, the parties have the same opportunity to have their opinions heard, and the parties are free to determine the arbitration program to be used. The dispute resolution process through arbitration will be carried out according to the rules and procedures of the arbitration institution chosen by the parties. Obstacles in the dispute resolution process through arbitration can come from various parties involved in the dispute resolution process through arbitration, such as arbitrators who are not in proper nature, arbitration institutions that are not widely known by the public, one of the disputing parties has bad faith, it can even come from the interference of the district court in the arbitration award. Research suggestions are that there is a need to provide an understanding of the principles and procedures for resolving disputes through arbitration, it is necessary to have awareness from the parties concerned so that the dispute resolution process through arbitration can produce a win-win solution or so that the parties to the dispute get a mutual settlement and benefit the parties who are in dispute.
Small Claim Court as a Refund State Losses Due to Corruption Crime By State Attorney Sri Wulan Hadjar; Osgar Sahim Matompo; Irmawaty
Indonesian Research Journal in Legal Studies Vol. 1 No. 01: September 2022 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v1i01.2755

Abstract

This study aims: (1) To find out the legal remedies taken by the prosecutor against the return of state losses in the crime of corruption. (2) The Effectiveness of the Prosecutors' Efforts as State Lawyers in Recovering State Losses Due to Corruption Crimes. The method that the researcher uses in writing this thesis is using a normative juridical research approach. Research Results: (1). The settlement of civil cases through the small claim court at the District Court is very helpful for the community to resolve their cases in a simple, fast, and low cost way. Perma No. 2 of 2015 and Perma No. 4 of 2019 is a new breakthrough and fills the legal vacuum to resolve simple cases that were previously resolved normally. (2). The limitation on the material value of the lawsuit is Rp. 500,000,000 (five hundred million rupiah) for example, which means that if the lawsuit filed exceeds this value, the lawsuit will not be accepted for settlement through a simple lawsuit process. Research Suggestions: (2) For litigants, it is hoped that they will be able to comply with and follow all the regulations in the Court, especially during the case examination process. Because the litigants actually also have an important role in the creation of a judiciary that is simple, fast, and low-cost as expected. (2). The Court must provide legal counseling by cooperating with related agencies (kelurahan and city governments) to the general public, so that public awareness of the law can be realized. So as a result it does not become one of the obstacles in the judicial process which is simple, fast, and low cost.
Co-Authors Basir Irmawaty Maisa Purnawadi Otoluwa Sri Wulan Hadjar