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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 72 Documents
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P2P Lending: Legal Framework for Electronic Contracts Hatta, M.; Susanto, Anthon F.; Narsudin, Udin
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.v5i2.103

Abstract

This study examines Peer-to-Peer (P2P) Lending, a form of financial technology (Fintech) that directly connects lenders and borrowers through digital platforms, eliminating the traditional role of banking intermediaries. The research aims to address two key legal questions: How do electronic contracts protect the parties, and how does the electronic contract become valid and binding in P2P lending? This study employs a combination of literature review and fieldwork, utilizing secondary and primary data collected through document analysis and interviews. The data were analyzed using a juridical-qualitative method. The findings show that conventional civil law generally regulates contracts, but does not explicitly address the nature and enforcement of electronic contracts. Legal protection in digital loan agreements is established through the principles of digital governance, particularly regarding the rights, obligations, and liabilities of the parties. An electronic contract is considered valid when the essential elements of a contract are fulfilled and supported by a verifiable electronic signature, under widely accepted legal and technological standards. The study concludes that while existing contract law provides a general foundation, digital transactions require adaptive legal interpretations to ensure enforceability, accountability, and user protection in the evolving digital financial ecosystem.
Mapping A Knowledge Map For Researching The Legal Framework Related To Maritime Transportation Supply Chain E-Contract Tripiawan, Wawan; Rachmawati, Irma
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.v5i2.122

Abstract

This study analyzed a reflection on a bibliometric approach to evaluate the importance and impact of the manuscripts that have been published with the title “Law of Maritime Transportation” during the period 1998-2024. It also reveals that the area of Law of maritime documents has received increased attention and interest from academicians, researchers, and research funding institutions. The paper aims to provide a wide range of maritime fields and to offer a representation of various areas and interdisciplinarity research. Furthermore, to find out how they are connected. Bibliometric analyses were used in this study to examine dominant subfields of maritime Law, mapping and clustering the keyword. The tool provided the authors' data, year of publication, country of origin, Journal of publication, and affiliated institutions. The findings show that the manuscripts regarding the legal framework of maritime transportation documents are divided into 6 clusters. The most prominent focus is the Law of the Sea, International Law, and Law of Legislation. The legal framework was an umbrella that covered shipping, maritime transportation, documentary framework, maritime policy, and sustainable development.
Law Enforcement Against Notary for Loss Olographic Will Imanuel Santoso, Debora; Maskanah, Ummi; Narsudin, Udin
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.68

Abstract

The notary has the duties and responsibilities of making and at the same time keeping the olographic inheritance deed desired by the heir before he dies, which is written manually and contains the distribution of his inheritance after he dies without the potential heirs knowing. However, there are times when the olographic will is lost or damaged due to the notary's negligence, resulting in a loss to the maker of the olographic will. This study uses a descriptive normative juridical method; secondary data will be analyzed qualitatively through primary and secondary legal materials supplemented by interviews with notaries using purposive sampling. From the results of the research, it is known that based on Article 933 of the Civil Code requires that the will be submitted to a notary to be stored and sent to the Probate Court and the Central List of Wills. Furthermore, Article 1 paragraph (13) states that the notary has the duty and responsibility to keep the olographic will. Therefore, if the olographic kept by the notary is lost and or damaged, in addition to violating the code of ethics, it also violates Article 1365 of the Criminal Code in conjunction with Article 1367 of the Criminal Code so that the notary can be held accountable by the injured party based on Article 84 UUJN. 7 of 2016.
Protection of Personal Data in The Implementation of Cyber Notary Based on Law Number 27 Of 2022 Concerning Protection of Personal Data in Conjunction with Law Number 19 of 2016 Concerning Amendments to Law Number 11 of 2008 Concerning Information and Electronic Transactions Ratna Dewi, Iriani
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.69

Abstract

Developments in the notarial world are known as the Cyber Notary system; this opportunity also raises challenges regarding the vulnerability of data misuse in cyberspace. The purpose of this research is to see how personal data is used by Notaries in the implementation of a Cyber Notary, as well as the extent of the notary's responsibility for this Personal Data according to the Personal Data Protection Law in conjunction with the Electronic Transaction and Information Law. This research uses a normative juridical approach, emphasizing library research, to obtain secondary data. The research specifications used are analytical descriptive. The research stage was library research, which was then supported by field research. The data collection techniques that have been collected are analyzed qualitatively. The research results show that the Personal Data Protection Law provides legal certainty regarding the responsibility of the Notary as Data Controller in using the Personal Data of the Applicant, as well as providing limitations to the notary regarding the extent of responsibility for the security of the personal data belonging to the notary by the notary which is also regulated in Article 15, 16, 17 and 19 of the Information and Electronic Transactions Law that the notary must be reliable and guarantee the security and confidentiality of the client or party concerned. Regulations regarding personal data protection protect and guarantee citizens' fundamental rights, provide legal certainty to citizens and protect notaries in carrying out their duties.
Prohibition of Ownership of Foreign Citizens' Land Through A Nominee Agreement Based on The Principle of Legal Certainty Sulistiyani, Nia
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.70

Abstract

These issues highlight a significant gap in the regulatory framework concerning foreign residential ownership in Indonesia. The absence of clear guidelines against nominee practices and the lack of enforcement mechanisms for violations pose challenges to the legal certainty and integrity of land rights transactions. Additionally, the minimal role of community participation in these processes raises questions about the inclusivity and transparency of foreign land ownership provisions. Overall, the situation underscores the need for further regulatory improvements to address these shortcomings and ensure a more robust, fair, and transparent framework for foreign residential ownership in Indonesia. The research method used is a legal analysis, using a qualitative approach with secondary data. The research found that transferring ownership rights to land to foreigners violated the principle of nationality and the Indonesian Agrarian  Law, resulting in the land being returned to the state without reimbursing foreigners and Indonesian citizens for the losses. Furthermore, the legal status of a nominee agreement regarding the ownership of land rights by foreigners must meet the requirements for the agreement's validity and principles to obtain legal status. 
Legal Review of Grants from Inheritance to Adopted Children Sesniati, Avivah; Yumarni, Ani; Lukmanul Hakin, Aal
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.76

Abstract

Grants to adopted children often cause disputes, especially when the grantor has passed away. Grant disputes arise because there are heirs who feel aggrieved by the existence of the grant, especially grants given to adopted children that exceed the provisions. This study aims to determine and analyze the implementation of grants to inherited property for adopted children based on Article 1666 of the Civil Code and to determine and analyze the obstacles faced in the implementation of grants to inherited property for adopted children. The method used in this research is normative juridical. Namely, the Law is conceptualized as norms, rules, principles, or dogmas. The normative juridical approach is also known as doctrinal approach/research or normative legal research. The normative juridical research stage uses literature studies (review of the literature), but as long as necessary, interviews can be conducted to complement literature studies. The study results found that the implementation of grants to inherited property for adopted children based on Article 1666 of the Civil Code is known that the right to inherit adopted children is not regulated in the Civil Code. Still, specifically for Indonesian citizens of Chinese descent, the position of adopted children is the same as legal children. For this reason, he is entitled to inherit the inheritance of his adoptive parents according to the Law or inherit based on Testamentary inheritance law if he gets a testament (Grant of Wasiat).
Evaluating The Impact And Legal Framework Of The Cabotage Principle In Coastal State Shipping Abdullah, Kamarulnizam; Rachmawati, Irma; Septianita, Hesti
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.78

Abstract

The Cabotage Principle grants coastal states the authority to exclusively regulate domestic shipping within their waters. This principle allows coastal nations to prohibit foreign vessels from navigating and trading along their coastlines without permission and for clear, justified reasons. In Indonesia, foreign vessels are restricted from entering its waters unless expressly authorized. The study aims to evaluate the impact on indigenous and foreign coastal shipping firms and explore how the policy can be leveraged to enhance business opportunities for local ship operators in the coastal shipping sector. Data was collected on the charter fees for numerous regional and foreign cabotage vessels for each year within the scope of this study, assuming comparable charter rates for ships from both groups. The resulting model proposes a legal framework for the cabotage principle that involves key stakeholders, including ports, local governments, legislatures, and academic institutions. The specific goal of this research is to inform policy-making, regional studies, and international law.
Incomplete Land Redistribution and Compensation Rights: Legal Obstacles in Implementing Agrarian Reform for Absentee Land Exceeding Maximum Limits Kartanegara, R. Pursita Ayu Gandari; Sumantry, Deden
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.49

Abstract

The Agrarian Reform program mandates the redistribution of absentee land exceeding the maximum limit to ensure equitable land tenure among farmers. This study examines the implementation of land redistribution in a rural area of West Java Province, where approximately 263 hectares of individually owned customary land were designated for redistribution. However, only 164 hectares have been redistributed, with compensation provided to the original owners, leaving approximately 99 hectares undistributed and former owners without compensation. This research employs a juridical-normative approach, using descriptive-analytical methods, collecting data through library research and field studies, and analysing them qualitatively. The findings reveal three principal issues. First, incomplete redistribution creates legal uncertainty regarding land status and undermines the rights of both prospective beneficiaries and former landowners. Second, two forms of repressive legal protection are available to former landowners who have not received compensation: non-litigation mechanisms through administrative channels and litigation mechanisms through judicial proceedings. Third, obstacles to redistribution encompass both legal factors, such as regulatory gaps and the absence of enforceable sanctions against government inaction, and non-legal factors, such as administrative inefficiency and budgetary constraints. To address legal barriers, affected parties may file a judicial review petition with the Constitutional Court challenging the constitutionality of the prevailing land reform regulations. This study recommends regulatory reform to establish precise enforcement mechanisms, accelerated compensation procedures, and institutional accountability measures to complete the redistribution process and achieve the objectives of Agrarian Reform.
Harmonization of Electronic Signature Regulations in Notarial Practice: A Comparative Analysis of The Notary Law and The Electronic Information and Transactions Law Ninda Tria Permatasari; Narsudin, Udin; Yanthy, Dewy Nelly
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.89

Abstract

The rapid development of digital technology has heightened the urgency of adopting electronic signatures in legal transactions, including notarial practice. However, regulatory disharmony between the Notary Law (UUJN) and the Electronic Information and Transactions Law (ITE Law) creates legal uncertainty in its implementation. The UUJN requires physical presence and manual signatures for authentic deeds, while the ITE Law recognizes the legal validity of electronic signatures. This study aims to analyse the regulatory disharmony between these two laws and to formulate a harmonisation framework for the implementation of electronic signatures in notarial practice. This research employs a normative juridical method, drawing on statutory and conceptual approaches. Data were collected through library research on primary and secondary legal materials and analysed qualitatively using the Miles and Huberman technique. The findings reveal three main aspects of disharmony: physical presence requirements, signature form specifications, and document authentication procedures. The study concludes that regulatory harmonization can be achieved through amendments to the UUJN that accommodate certified electronic signatures for official reports (akta relaas), while maintaining physical presence requirements for party deeds (akta partij). The harmonization framework requires electronic certification standards supervised by the National Cyber and Encryption Agency (BSSN), technical guidelines from the Indonesian Notary Association, and public education regarding the validity of digital documents. This research contributes to the legal discourse on modernizing notarial practice in Indonesia while maintaining legal certainty and document authenticity.
The Role of Notaries in Drafting Fiduciary Guarantee Deeds over Intellectual Property: Challenges in Verification and Economic Valuation Fania, Novianda; Noval, Sayid Muhammad Rifki; Kencanawati, Erny
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.128

Abstract

This study analyses the role of Notaries in drafting fiduciary guarantee deeds with intellectual property as collateral, and the challenges encountered in verification and economic valuation. Problems arise because some Notaries face obstacles in preparing intellectual property guarantee deeds due to limited experience, complex document requirements, and difficulties verifying ownership. This study employs a normative juridical method, drawing on statutory and conceptual approaches. Secondary data were obtained from primary legal materials, including legislation, and from secondary legal materials comprising relevant legal literature. The findings indicate that Notaries play a central role in ensuring legal certainty by preparing authentic deeds, registering fiduciary guarantees, and processing fiduciary guarantee certificates. Notaries also act as authorized representatives to register fiduciary guarantees on behalf of fiduciary recipients. The main challenges faced by Notaries include verifying the registration status of intellectual property with the Ministry of Law and Human Rights, understanding the specific characteristics of intangible intellectual property, and assessing the economic value, which is often subjective and fluctuating. This study concludes that Notaries need to apply the principle of prudence by ensuring that intellectual property licenses are documented in notarial deeds, carefully verifying ownership and legal status, and considering potential infringement risks against the collateral objects.

Page 7 of 8 | Total Record : 72

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