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All Journal Indonesian Research Journal in Legal Studies
Maisa
Pascasarjana Universitas Muhammadiyah Palu
Law, Crime, Criminology & Criminal Justice

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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.
Religious Court Dispensation on Applications for Child Marriage License in Islamic Law Perspective (Study of the Luwuk Religious Court) Citra Dewi; Maisa; Andi Purnawati
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.v1i01.2757

Abstract

The dispensation for child marriage granted by the judge in the religious court is a provision of Law Number 16 of 2019 concerning Marriage. It states that the age limit for marriage for boys and girls is the same, which is 19 years. Then when examined from the perspective of Islamic law based on the compilation of Islamic law (KHI), it does not set a standard age for marriage. The research was conducted at the Religious Courts of Luwuk Regency, the Office of Religious Affairs (KUA) of North Luwuk District, and the Kilongan Village Office. The research was carried out in June – July 2022. The research source was the head of the Office of Religious Affairs (KUA) Kec. North Luwuk, the young clerk of the Luwuk Religious Court application, and the secretary of the whole kilongan. Based on the results of the research obtained above, the researchers found that the dispensation against child marriage permits from the perspective of Islamic law should still prioritize Islamic values ​​but not override the laws and regulations that apply in Indonesia, meaning that society in general and parents in particular observant to see the principle of benefit in marrying off their children at an age that is not yet mature enough according to the law. The researcher's suggestions are (1) In granting marriage dispensation permits to children, of course, still pay attention to the principle of benefit that comes from Islamic law itself, namely, the purpose of marriage, the benefits of marriage, and the nature of marriage. (2) To form a firm and careful attitude of a judge, it requires emotional maturity of a judge who handles a marriage dispensation application.
IMPLEMENTATION OF THE INHERITANCE OF INDONESIAN CITIZENS OF CHINESE DESCENT IN PALU CITY, CENTRAL SULAWESI PROVINCE Dikky Patenjenu; Maisa; Heru Wardoyo
Indonesian Research Journal in Legal Studies Vol. 2 No. 2: September 2023 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

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Abstract

The implementation of the inheritance of the Chinese-descended community in Palu City prioritizes Chinese customary law in the distribution of their inheritance because the distribution of inheritance according to the Civil Code is contrary to Chinese customary law. The share of inheritance for sons and daughters is the same, contrary to the teachings of Confucius. The settlement of inheritance disputes is pursued in two ways, namely through non-litigation (mediation) and litigation (court). In reality, the settlement of inheritance disputes prioritizes non-litigation or family deliberations rather than using litigation or courts because the use of litigation is a disgrace for Chinese citizens so that the application of inheritance law for the Chinese community and ways of resolving inheritance disputes can inspire an equal and humane law enforcement model in the future.
Co-Authors Andi Purnawati Basir Citra Dewi Dikky Patenjenu Heru Wardoyo Osgar Sahim Matompo