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INDONESIA
LEGAL BRIEF
Published by Ihsa Institute
ISSN : 1979522X     EISSN : 27224643     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This publication contains scientific writings within the scope of business law from experts, academics, and practitioners. The writings are published after going through a review of bestari partners and editing by the editorial board without changing the substance of the subject matter. The writing in this publication is entirely the opinion and personal responsibility of the author and cannot be interpreted as reflecting the opinion of the Publisher. LEGAL BRIEF, an open-access journal, is blind peer-reviewed and published May and November every year. The journal accepts contributions in English/Indonesia (Preferably in English). LEGAL BRIEF is providing scholars with the best, in theory, research, and methodology as well as providing a platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to law. LEGAL BRIEF publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 74 Documents
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Search results for , issue "Vol. 11 No. 3 (2022): August: Law Science and Field" : 74 Documents clear
Implementation of The Binding Agreement for The Sale and Purchase of Land Rights Based on a Notarial Deed in East Jakarta Dewa Ayu Sinddhisar Smaratungga; R. Ismala Dewi; Enny Koeswarni
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The binding sale and purchase agreement is a preliminary agreement on an agreement to purchase rights to land and or buildings which will later be made and ratified or signed before a notary. Where the parties who are bound by the agreement will fulfill the rights and obligations in accordance with what was conveyed and agreed upon in the binding sale and purchase agreement made. This study aims to find out about the implementation of the binding sale and purchase agreement of land rights based on a notarial deed in East Jakarta. This research is descriptive analytical with an empirical juridical approach, while the data is obtained through library research and field research. Furthermore, the data were analyzed qualitatively. From the results of this study, it will be known that the legal force of the PPJB deed of land rights made by a Notary in the implementation of making his AJB is very strong and is perfect evidence, because the deed is a notarial deed which is an authentic deed and legal protection for the parties. The existence of this PPJB depends on the content or content of the PPJB itself. If one of the parties defaults, it really depends on the strength of the PPJB made, that is, if it is made with a private deed, it is in accordance with the protection of the private deed, while if it is made by or before a Notary then the deed automatically becomes a notarial deed. which has the power of protection in accordance with the protection of the authentic deed.
Unconstitutional Legal Problems of the Job Creation Law against Local Working Patents in the Elimination of Article 20 of Law Number 13 of 2016 concerning Patents Juliani Fransiska
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Patent is a tool or tool aimed at disseminating technology and means in transferring technology so that patents can have a high social impact both through learning and economic progress of society in a country through technological developments. Patents are not only about granting the right to monopolize. However, it is also an award for technology to develop which will eventually have a good impact in the world of education and teaching as well as from the development of technology itself which aims also to increase the economic growth of the community. This method of research is normative juridical. The problem in this study is How is the problem of the application of local working after the abolition of article 20 in the UUPATEN? and then after the validity of Article 110 of the Job Creation Law for almost 1 year How is the polemic of the position of Article 20 of the UUPATEN and the achievement of TRIPs after the unconstitutional occurrence of the Job Creation Law based on the Constitutional Court Decision Number 91 / PUU-XIX / 2021? The conclusion of this study is that Article 20 of the Patent states that Bauwa requires patent holders to make products in Indonesia. So that Article 20 makes a conflict with Article 27 paragraph 1 trips agreement. the ratification of the JOB CREATION Law was then declared conditionally unconstitutional by the constitutional court and resulted in the regulations it had previously invited to patents.
Inclusion of Notary Positions on Social Media as a Form of Self-Promotion Based on The Notary Code of Ethics Avicenna Galang Muhammad; Daly Erni
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The developments of technology make interaction between humans is easier, for example in the term of using social media. The Notary use is not prohibited, but the Notary should obey to the Notary Code of Ethics as a guide to Notary behaviours. The problems that will be discussed in this study are regarding the inclusion of a Notary position on social media and the procedure for imposing sanctions by the Notary Honorary Council against Notaries who violate the Notary Code of Ethics. In order to answer this problem, a normative juridical research method with a descriptive research typology is being used. The results of the analysis show that a Notary who lists his position on social media violates Article 4 paragraph (3) of the Notary Code of Ethics. This can be reviewed based on 2 (two) factors, namely aspects of forming personal branding and the Notary Code of Ethics. The Notary Honorary Council in carrying out its authority takes action based on reports both actively and passively. In giving the number of ethical sanctions, the Notary Honorary Council refers to the quantity and quality of the violations committed by the Notary. Based on this, Notaries are still allowed to use social media without including their position on social media. For the public, if they see someone who has listed the position of a Notary on social media, they can report it to the Notary Honorary Council. In addition, there is a need for a revision of the Notary Code of Ethics, especially regarding self-promotion because it does not follow the development of science and technology.
Fulfillment of The Principle of The Best Interest of Children in The Granting of Child Marriage Dispensation in Indonesia Gina Wulandari; Tirtawening Paritkesit
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The purpose of this paper is to analyze how the fulfillment of the principle of the best interests of the child in the consideration of the Panel of Judges to provide dispensation for child marriage. Indonesia occupies the 10th position with the highest child marriage rate in the world in 2020. The National Development Planning Agency states that 1,220,900 Indonesian children are married before an early age. The problem of child marriage is indeed one of the problems that has occurred for a long time, but until now it has not been able to be solved. One of the efforts made by the Government to suppress the high number of child marriages in Indonesia is by increasing the minimum age for marriage through Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marriage Law). The provisions in Article 7 paragraph (1) of the Marriage Law change the minimum age for marriage which was previously 16 years for women and 19 years for men to 19 years for women and men. However, the provisions in Article 7 paragraph (2) open the opportunity for marriages under the specified age to be carried out, namely requesting a dispensation from the Court on the grounds that it is very urgent.
The Right to Bequeath a Wife in a Polygamous Marriage According to The Compilation of Islamic Law Nadya Farras Indriati; Febby Mutiara Nelson
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Marriage in Islamic law adheres to an open monogamy system, where a man is allowed to have more than one wife.  Marriage has an influence on inheritance.  The legal consequences that arise due to death are the emergence of rights and obligations.  One of the inheritance problems occurs because of polygamous marriages.  So the formulation of the problem in this paper regarding the rights of a wife and child from polygamous marriages according to the Compilation of Islamic Law in the case of the decision of the Religious Court Number: XX /Pdt.G/2013/PA.Bks.  This research was conducted using a normative juridical research method with secondary data collection sourced from books related to the distribution of inheritance in polygamous marriages, as well as looking at the normative aspects in Law Number 1 of 1974, Compilation of Islamic Law, Decision of the Bekasi Religious Court  No.  XX /Pdt.G/2013/PA.Bks.  Data analysis in this study was carried out qualitatively with deductive conclusions.  The conclusion of this study is that it is possible for wives from polygamous marriages to jointly obtain property and inheritance from their husbands as regulated in Article 190 of the Compilation of Islamic Law and children from polygamous marriages are entitled to inherit property.
The Notary's Liability Who Participated Doing Unlawful Acts in Making The Deed of Guarantee Submission Agreement Based on The Case Study of Decision Number 61/PDT.G/2019/PN.GIN Bedita Putri Sa’idah; Pieter Everhardus Latumeten
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

A notary is a public official who is authorized by the state to make an authentic deed. If one of the parties feels aggrieved by the deed made by the Notary, that party can sue the Notary for the unlawful act committed. Notaries as public officials who have an important role in people's lives. In carrying out his position, it is not enough for a Notary to only have legal expertise but must also be based on responsibility and appreciation of the nobility of dignity and ethics. Its role and authority are very important for legal traffic in society. Therefore, a notary must carry out his profession professionally, highly dedicated and uphold the dignity and worth of by upholding the code of ethics of a notary. By enforcing the notary's code of ethics, it is very important for the notary to better understand the extent to which the act can be regarded as a violation of the code of ethics, and provide education so that things do not happen that can harm the notary and the community he serves. This study aims to examine the accountability of the Notary to the deed of guarantee delivery agreement that he has made based on Decision Number 61/Pdt.G/2019/PN.Gin. This research uses In this study the legal research method used is normative juridical. The approach used is a statutory approach. The analytical method used is qualitative, and the results of the research used are analytical explanatory. The findings in this study are the responsibility of the notary in making the guarantee agreement deed, proven to have committed an unlawful act and violated the provisions of Article 1365 of the Civil Code. The legal consequences given are the cancellation of the deed and dishonorable dismissal. It is recommended that the notary be more careful in making the deed so that problems do not occur in the future.
The Use of Electronic Signatures and Seals in Notarial Deeds According to the Principle of Tablelionis Officium Fideliter Exercebo Nisrina Anrika Nirmalapurie; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The notary as the official authorized to make authentic deeds in carrying out his duties must work traditionally due to the principle of Tabellionis Officium Fideliter Exercebo. Technological developments and the needs of the community make making agreements today easier and more concise, namely by using electronic signatures and seals in an agreement. The question that arises from this background is whether the use of electronic signatures and seals is under the principle adopted by a notary, namely the Tabellionis Officium Fideliter Exercebo principle. The result of this research is that the use of electronic signatures cannot be applied because the legislation does not allow certified digital signature on notarial deeds so the use of digital signatures on notarial deeds is not following the principle of the Tablelionis Officium Fideliter Exercebo, while the use of electronic seals can be carried out and does not conflict with this principle because apart from the stamp duty, it is not a requirement for the validity of a deed, the use of an electronic seal in a notarial deed is also possible under the Stamp Duty Act.
Liability of The Land Deed Making Officer (P PAT) as a General Officer for The Cancellation of The Sale and Purchase Deed Due to Unlawful Acts Christy Monaita Martanti; Yoni Agus Setyono
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Land Deed Maker Official (PPAT) is a public official who is authorized to make authentic deeds regarding certain legal actions in terms of the transfer of land rights, one of which is the deed of sale and purchase. In relation to its authority, PPAT is required to be responsible for the deed made and must uphold the dignity of the profession. In carrying out his profession, there are still violations committed by PPAT such as making a sale and purchase deed that is illegal (onrechtmatige daad), which results in the deed being null and void by a court decision. The research method used is normative legal research. The results of this research discussion are PPAT's responsibility for unlawful acts in carrying out their profession, namely the imposition of administrative sanctions. As for the deed which is declared null and void by a court decision, it is deemed to have never existed. That is, from the beginning the law considered that there had never been a sale and purchase.
The Obligations for Consularization and Legalization of Credit Guarantee Documents Signed in Singapore based on the Regulation of the Minister of Foreign Affairs of the Republic of Indonesia Number 13 of 2019 concerning Procedures for Legalization of Documents at the Ministry of Foreign Affairs (Case Study of PT X Guarantee Document at Bank Y) Gravita Sari Rahajaan; Arman nefi
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

In its implementation, the provision of bank credit cannot be separated from the guarantee provided by the debtor. One type of guarantee that is generally given in the implementation of lending is in the form of a cash guarantee in the guarantor's account which is tied to a pawn account and the signing of an account pawn agreement between the guarantor and the Bank, however, it is not uncommon to find situations where the guarantor will sign the agreement. This pawn is not in Indonesia. Upon the signing of this document abroad, Minister of Foreign Affairs Regulation No. 13/2019 requires the legalization and consularization of these documents, however, with the ratification of the Apostille provisions, there is a view that foreign documents do not need to go through the legalization and consularization process. Therefore, a study was conducted to determine how the validity of foreign documents in the process of granting credit did not go through the consularization and legalization process, and how the consularization and legalization obligations were with the ratification of the apostille convention. This research is a normative juridical research with analytical descriptive typology. The legal materials used are primary and secondary legal materials to be analyzed by qualitative methods. Based on this research, it can be said that the implementation of consularization and legalization of documents in Indonesia does not have a direct sanction and has no effect on the document. And with the ratification of the apostile convention, legalization and consularization of foreign documents is no longer required, however, for documents directly related to commercial activities, consularization and legalization are still mandatory.
Legal Remedies for Notary Involvement in Land Mafia Cases (Case Study of Verdict Number 272/PID/2021/PT DKI) Aldian Kukuh Trisetiyadi; Muhammad Sofyan Pulungan
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Land is one of the valuable assets, because it has a high economic value. Land is a vital object in human life, because it has various values. Due to the high demand for land, it triggers the number of land mafias. The land mafia mode is to issue land evidence, manipulate cases and pretend to carry out land sales and purchase transactions. If someone wants to make a sale and purchase, someone is needed in the process of making the Sale and Purchase Deed. In the case of the land mafia that is currently rife, they will later work with a notary to process the AJB. The provisions of the Law on Notary Positions and this Code of Ethics have regulated the obligations and prohibitions of a Notary in carrying out his duties. The form of research used in this research is normative juridical research, namely research that refers to theories and laws and regulations related to this research. If there is a violation committed by a Notary which has been prohibited by laws and regulations. The notary will be subject to a code of ethics sanction as well as sanctions in the Notary Position Act. There are several efforts that can be done to eradicate the land mafia that is so rampant in Indonesia: 1) take firm action against the land mafia actors; 2) improve the integrity and professionalism of the apparatus; 3) improve cooperation/coordination between apparatus in handling and eradicating land mafia; 4) carry out land certification.

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