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INDONESIA
i-Latinnotary Journal: Internasional Journal of Latin Notary
Published by Universitas Pasundan
ISSN : -     EISSN : 27466159     DOI : https://doi.org/10.55904/journal.v2i1
Core Subject : Humanities, Science, Education, Social,
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, Women Studies, Hospitality, and Tourism. etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Security in islamic finance shariah compliance and the new civil court's approach to dispute resolution Mohamad, Ani Munirah; Md Nor, Mohd Zakhiri; Rachmawati, Irma
International Journal of Latin Notary Vol. 4 No. 1 (2023): Internasional Journal of Latin Notary, September 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i1.61

Abstract

Malaysia has a dual financial system that includes both conventional banking and Islamic banking. Over time, Islamic banking has evolved to the point where it has enticed traditional banks to offer Shariah-compliant products as well. However, even though conventional banks have provided Shariah-compliant products, the Islamic bank's obligation to provide Islamic banking services remains. The goal of this article is to look at the measures in the Islamic Financial Services Act 2013 that assure Shariah-compliance security for Islamic banks. This paper also investigates the current approach of civil courts in resolving disputes. The qualitative research methodology was used in this paper. The phenomenology method was used in the research design. Data will be gathered from journals, statutes, and case law. The data will be analyzed using the content analysis method. This paper concludes that it is a heavy-duty of every Islamic bank to ensure Shariah compliance security, and the current civil court approach is that the Islamic banking agreement is still enforceable even if it does not comply with Shariah law. Islamic banking agreements that are in accordance with Shariah law or are not perfectly in accordance with Shariah law are both valid and legal
The principle of legal certainty concerning the implementation of legalization according to the apostille convention viewed from an international civil law perspective Triyana Dewi Minda Yuda
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.62

Abstract

The principle of legal certainty is a foundational principle in the field of international law. The law must possess clarity, predictability, and accessibility for all individuals. The Apostille Convention is a multinational agreement that streamlines the procedure of authenticating public documents for international use. This is achieved by eliminating the need for authentication by a diplomatic or consular officer. This research study investigates the concept of legal certainty within the framework of the Apostille Convention. In writing this legal research, the author uses the concept of legal research with a comparative approach to compare the application of Apostille in Indonesia with Apostille in other countries. According to the researcher, implementing the Apostille Convention, already underway in Indonesia, has yet to fulfil reasonable legal assurance regarding international private law. The reason is that international law has a different legal system and regulations; the HCCH organization, as an Apostille melting pot, still needs legal arrangements that apply to all convention countries equally. Indonesia has more documents that can be ratified in submitting an Apostille application, but not all countries are the same in confirming an Apostille document.
Enlightenment and its Impact To Vina Convention on The Law of Treaties 1969 Nadiya Salsabila
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.20

Abstract

The Enlightenment, particularly the philosophy of Immanuel Kant, profoundly influenced the development of modern international law, including the Vienna Convention on the Law of Treaties (VCLT) 1969. This paper explores the connection between Enlightenment ideals and critical principles in the VCLT, such as pacta sunt servanda (Article 26) and the obligation to respect treaties regardless of internal laws (Article 27). The Enlightenment's emphasis on reason, autonomy, and universal moral obligations is a cornerstone for these principles, ensuring rationality and good faith in international relations. The problem addressed in this study is the extent to which these Enlightenment principles influenced the codification of international treaty law in the VCLT, particularly its emphasis on the binding nature of treaties and the universality of legal obligations. The methodology involves a philosophical and legal analysis of the VCLT's Articles 26 and 27, tracing their conceptual roots to Kantian philosophy and Enlightenment thought. Through this analysis, the findings reveal a direct connection between Enlightenment ideals and the VCLT's principles. Article 26's emphasis on good faith and binding commitments mirrors Kant's views on moral autonomy and universal laws. Article 27 reflects the Enlightenment's belief in universal obligations superseding localized, subjective rules, ensuring the supremacy of reason and international stability. The findings reveal that the VCLT's codification of pacta sunt servanda and related principles embodies the enduring influence of Enlightenment ideals, particularly those of Kant, in shaping a rational, cooperative, and just international legal order.
Legal Security for Persons with Bipolar Disabilities in Entering Into Agreements Rihanah Nurdin, Syemmy
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.71

Abstract

This research aims to examine and understand the certainty of people with bipolar disorder in making agreements. This research is normative legal research because research examines law as a norm related to legal certainty for people with bipolar disabilities in making agreements. The research method used is the normative juridical method, which is a type of research used to examine the application of norms or legal norms enforced in positive law or laws still in force and have the power to bind legal subjects. The results of this research show that there is no legal certainty for people with bipolar disabilities to enter into agreements because there are no strict and adequate regulations that regulate them. Article 433 of the Civil Code is no longer in harmony with Law Number 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities and Law Number 8 of 2016 concerning Persons with Disabilities.
The Role of Land Deeds Official Certifier (Ppat) in Terms of Transfer of Land Rights Through Land Exchange in The Development of Educational Infrastructure Maudina, Erika; Azzahra Dwi Rizki; Nurhasanah, Diva Ahda; Adriansyah, Anggi Pratiwi; Noor, Aslan
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.74

Abstract

An alternate this is used as a way of shifting land rights need to be provenby a deed drawn up by the performing Land Deed Maker, hereinafter abbreviated as PPAT. as a consequence there may be an absolute detail that must be fulfilled in moving land rights, particularly the Deed of transfer of Land Rights made via the PPAT. based totally on this, the researcher observed  issues, namely (1) what's the role of the Land Deed authentic (PPAT) in moving land rights through exchange? And (2) What are the legal outcomes for the events who enter into an agreementto change land with ownership rights? This studies uses a normative juridical technique, by means of analysing both written and unwritten rules. The studies stage used is the literature stage. the information evaluation used is qualitative juridical. In conclusion, the Land Deed legit (PPAT) inside the case of transfer of land rights through land switch within the production of educational infrastructure centers can't be processed in order that it isn't in accordance with Article 37 paragraph (1) of government regulation No. 24 of 1997 regarding Land Registration and Article 2 of government regulation No. 37 of 1998 regarding guidelines on the location of Land Deed legit. The prison results of the land change agreement for the improvement of instructional infrastructure encompass disputes arising from errors in the deletion of land rights in SD 03 Pakintelan, Gunungpati District, Semarang town, Mangunsari Village
Concept of Non-Discrimination Letter of Inheritance Rights Based on Positive Law in Indonesia Bunawan, Petra; Syafriani, Ilma
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.80

Abstract

The certificate of heirs serves to show who is entitled to the inheritance left by someone who has died (heir) which forms the basis for the department of inheritance each over who's entitled and/or how many stocks are entitled to be owned by using the heirs. There are 3 (3) officers for Making heir certificates, specifically Notary, Probate court and Lurah/Village heads and showed by means of the sub-district head. The question why the certificate of heirs is not made through only one reputable has its very own ancient historical past..The criminal arrangements that were in impact at that time in Indonesia did no longer offer felony truth, and at this country followed elegance discrimination. an appropriate is as a country that were unbiased from Dutch colonialism, which have to have abolished the type of the populace race in Indonesia. The classification of the populace race isn't according with Pancasila and the charter, because it includes the precept of discrimination and is a legacy of the nation that used to colonize Indonesia. At present Citizenship law variety 12 of 2006 which turned into surpassed on June 21, 2006 which in principle simplest acknowledges Indonesian citizens and foreign residents and now not mentions population type. in addition, law variety 23 of 2006 as amended by law wide variety 24 of 2013 regarding population administration has additionally abolished it. The non-discrimination precept is also said via regulation quantity 40 of 2008 regarding the removal of racial and ethnic discrimination. This law explicitly orders all elements of country management to do away with all forms of discrimination in opposition to race and ethnicity. consequently, non-discrimination principle need to be applied in inheritance certificates and the legal authentic in making the assertion of inheritance rights, by means of the officials who has the authority to put in writing it. Prioritizing the principle of non-discrimination is a need to.
Cyber Space: A Dangerous World for Children (Analysis on Transnational Online Child Pornography) Septianita, Hesti; Rachmie, Synthiana
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.82

Abstract

International community has been paying attention on welfare of children for decades by passing laws regulating international actions as the endeavours to promote and achieve the goals on maintaining the safety and welfare of children of the world. Ironically, this crime of cyber-pornography involving underage individuals is not yet internationally regulated as a transnational organized crime making the perpetrators free to do this horrendous doing while children, the victims are still unprotected even though international law on child protection has been promulgated and in force. This writing will discuss crimes committed against children, mainly focused on online sexual abuse and exploitation with modus operandi structured and organized. The research aims to propose a notion on new category of transnational organized crime which is cyber child pornography by analyzing the elements of crime of transnational online child pornography. The research is conceptual research with philosophical and normative approaches. The idea to bring about the crime into a transnational organized crime should be an immediate action by promulgating an international legal instrument in effect considering the severity of the crime against the children’s future life.
Regulating Pre-Marital Debts in Indonesian Marital Property Law Nurhayati; Narsudin, Udin; N, F. Davy Gunadi
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.100

Abstract

This study explores the legal treatment of pre-marital debt in Indonesia’s marital property regime, particularly in the absence of prenuptial agreements, and assesses the regulatory implications for spousal autonomy and legal certainty. Although Indonesian law distinguishes between joint and separate property, it lacks clear provisions governing the classification and enforcement of financial obligations incurred prior to marriage. Drawing upon statutory analysis and landmark case law, the research reveals a significant normative gap in how pre-marital debts are addressed, often leaving spouses vulnerable to unpredictable liabilities and judicial discretion. Through a comparative legal approach, the study evaluates regulatory models from the Netherlands, the United States, and the United Kingdom—jurisdictions that apply rigorous safeguards such as mandatory financial disclosure, independent legal advice, and substantive fairness reviews in the enforcement of prenuptial agreements. These systems emphasize informed consent and contractual autonomy, while also protecting economically vulnerable spouses through equitable enforcement standards. The analysis highlights the need for Indonesia to reform its legal framework to ensure fairness and predictability in marital financial arrangements, particularly in light of increasing cross-border marriages and complex property dynamics. The study recommends the adoption of mandatory debt disclosure laws, procedural safeguards for marital contracts, and harmonization strategies aligned with international best practices in private family law.
The Legal Consequences of Unregistered Prenuptial Agreements: Examining the Implications for Third Parties Windayanti, Winda; Narsudin, Udin; Natanegara, F. Davy Gunady
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.101

Abstract

This article critically examines the legal consequences of unregistered prenuptial agreements under Indonesian law, particularly with respect to their enforceability against third parties. Although Article 29(1) of Law No. 1 of 1974 on Marriage permits the creation of prenuptial agreements prior to marriage and affirms their binding effect beyond the spouses, the absence of formal registration renders such agreements legally invisible to third parties. This legal invisibility undermines the principle of legal certainty (rechtszekerheid), exposing creditors, heirs, and business partners to significant legal and financial risks. Using a doctrinal-normative approach complemented by socio-legal perspectives, the study analyzes statutory frameworks, judicial interpretation and scholarly debates surrounding publicity, contractual freedom, and third-party protection. The findings reveal a tension between private autonomy and public legal order in marital property law, especially where administrative formalities determine enforceability. The study concludes that unregistered agreements, while valid inter partes, fail to fulfill their intended protective function in broader legal relationships. It proposes reforms including the establishment of a centralized national registry, enhanced procedural duties for notaries and marriage registrars, and public education campaigns to increase awareness of registration requirements. These recommendations aim to ensure legal certainty, protect third-party interests, and harmonize Indonesia’s family law regime with international standards of legal transparency and accountability.
Legal Enforceability of Preliminary Sale Agreements on Mortgaged Strata Title Units Bella, Yoshua; Noor, Aslan; Chandra, Teddy
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.102

Abstract

This study examines the legal status and enforceability of Preliminary Sale and Purchase Agreements, in the context of mortgaged strata title units under Indonesian property and contract law. While the agreement serve as binding commitments between developers and buyers, they do not effectuate ownership transfer and are not publicly registered, rendering them legally subordinate to mortgage encumbrances   that are recorded and enforceable as real rights. The research applies a normative-juridical method, supported by doctrinal and comparative legal analysis, to assess the hierarchy between personal contractual rights and secured creditor claims. Findings reveal that consumers who enter into of  Preliminary Sale and Purchase Agreements, for units still burdened by mortgages face significant legal uncertainty, particularly in cases of developer default. The study further evaluates the adequacy of Indonesia's consumer protection framework, highlighting the persistence of exploitative clauses in of  Preliminary Sale and Purchase Agreements, and the absence of institutional safeguards. To reconcile the imbalance between buyers and financial institutions, the paper proposes regulatory reforms, including the mandatory registration of PPJBs, standardized contract terms, and strengthened disclosure obligations. These recommendations aim to enhance legal certainty, uphold the principles of pacta sunt servanda, and ensure more equitable outcomes in Indonesia's increasingly complex vertical housing market.

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