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Jurnal Officium Notarium Program Studi Magister Kenotariatan Universitas Islam Indonesia. Jl. Cik Dik Tiro No. 1, Yogyakarta
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Officium Notarium
Published by Universitas Islam Indonesia
ISSN : 27765458     EISSN : 28082613     DOI : 10.20885/JON
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Officium Notarium adalah jurnal yang diterbitkan oleh program Magister Kenotariatan, Fakultas Hukum Universitas Islam Indonesia. Jurnal Officium Notarium mulai tahun 2021 terbit tiga kali dalam satu tahun (April, Agustus dan Desember). Jurnal ini adalah media komunikasi dan pengembangan ilmu. Redaksi menerima naskah artikel laporan hasil penelitian dari mahasiswa, akademisi maupun praktisi, sepanjang relevan dengan misi redaksi.Diantaranya masalah yang terkait dengan undang-undang dan peraturan Notaris Indonesia dan negara lain, hukum kontrak, hukum pertanahan, hukum administrasi, kode etik profesi, dan hukum Islam yang terkait dengan topik ini, dll. We are interested in topics which cover issues in Notarial related law and regulations Indonesia and other countries. Articles submitted might included topical issues in contract law, security law, land law, Administrative Law, Etical codes of Profession, acts and legal documents, and Islamic law related to these topics, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 5 No. 1: MEI 2025" : 5 Documents clear
Implementasi Penyelesaian Sengketa E-Commerce Dalam Hal Terjadinya Pelanggaran Pelaku Usaha Putra, Audi Febriwidhia Aulia; Dianta, Dedon
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art1

Abstract

E-commerce is a platform that accommodates people's transaction needs using digital methods. The convenience offered by e-commerce not only has positive values, but also has negative impacts, with many people becoming victims of e-commerce crimes. This research aims to examine the regulations that legally protect consumers against all forms of e-commerce crime and examine how these laws are implemented in efforts to resolve consumer disputes. This normative legal research found that legislating consumer protection alone is not enough to eliminate all possibilities of online crime; consumers also need to be educated to prevent losses due to online crime or consumer negligence.
Analisis Onrechmatige Daad Sebagai Kausa Dalam Pembatalan Risalah Lelang Susilo, Durra Aliefa; Talentina, Gabriella; Andreza, Nadya Puteri; Rani, Riska
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art2

Abstract

Auction as a legal institution in Indonesia has been regulated since the Dutch East Indies colonial period, with a legal basis that is still valid today. Auction is a way to reach a favourable agreement for the seller by gathering prospective buyers. One of the main problems in the implementation of the auction is the existence of unlawful acts (onrechtmatige daad), which is often the basis for a lawsuit to cancel the auction. In the context of Indonesian law, the determination of onrechtmatige daad against the cancellation of auction minutes refers to Article 1365 of the Indonesian Burgerlijk Wetboek. To determine an action as onrechtmatige daad, conditions such as the existence of an act (daad), fault (schuld), loss (schade), and causality must be fulfilled. The legal process related to auctions also involves legal provisions that regulate the procedures and conditions for implementation, such as the use of appraisal services to determine the limit price, as well as the existence of auction minutes as authentic evidence containing details of the auction process and results.
Pelindungan Hukum Korban Tindak Pidana Pencucian Uang Terhadap Permohonan Penetapan Sita Eksekusi Mahendro, Guntar; Nugraheni, Destri Budi
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art3

Abstract

This study aims to analyze the legal protection for victims of money laundering against the rejection of resistance to the execution of mortgage rights. The analysis was conducted against the background of the verdict of the Cibinong District Court Number 582/Pid.B/2019/PN.Cbi which ruled that one of the results of the money laundering crime in the form of SHGB No. 5993 was returned to the victim but the object of dispute was in the process of execution of a mortgage. This type of research is normative legal research. Normative research is legal research conducted by examining library materials or secondary data. The data in this research is secondary data obtained through literature study and supported by primary data obtained by interviewing sources. The data obtained in this study were analyzed using qualitative methods and then presented descriptively. The results of this study show that the creditor holding the Mortgage Rights has a separatist right guaranteed by the Mortgage Rights Act must take precedence over other creditors. Legal protection for victims of money laundering crimes against the rejection of resistance to the execution of mortgage rights is that they can file a new civil lawsuit to the district court to sue the object of the dispute by adding a new defendant so that it is not Nebis In Idem. In addition, it can be attempted in good faith to mediate between the defendant and the victim for the loss incurred. Victims of money laundering crimes can file extraordinary legal remedies, namely by reviewing the decision of the third party resistance (derden verzet). Seeking good faith towards the victim through mediation related to material damages.
Penyelesaian Sengketa Investasi di Dalam The Regional Comprehensive Economic Partnership (RCEP) Agreement: Peniadaan Mekanisme Investor-State Dispute Settlement (ISDS) Harisah, Himatul
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art4

Abstract

This research aims to analyze the effectiveness of the ISDS exclusion provision in the dispute settlement mechanism stipulated in RCEP for Indonesia. This type of research uses a normative legal approach based on relevant international treaties, doctrines, and jurisprudence and a comparative legal approach, where researchers will compare investment dispute resolution applied by several countries. The research concludes that the exclusion of the ISDS mechanism in RCEP is the right move taken by the Government of Indonesia so that the country has the policy space to establish national policies that protect national interests. In the event that later on, based on the results of the review of the exclusion of ISDS mechanism, RCEP member countries agree to implement dispute settlement through the ISDS mechanism, then Indonesia needs to propose to be able to include the obligation to settle disputes through the domestic court mechanism for the first occasion and there is a need to strengthen the existing legal instruments, namely Presidential Decree No. 31/2012, either through amendments or the making of higher and more comprehensive laws and regulations.
Urgensi Penerapan Cukai Minuman Berpemanis Dalam Kemasan Sebagai Bentuk Perlindungan Kesehatan Konsumen Pastika, Dinda Bhawika Wimala; Siringoringo, Gracia R. Moselle
Officium Notarium Vol. 5 No. 1: MEI 2025
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol5.iss1.art5

Abstract

Healthy living is an important part of every individual in the world, with various factors influencing health, one of which is beverage consumption patterns. In Indonesia, especially among the younger generation, consumption of sweetened beverages, especially in consuming Sweetened Packaged Drinks (MBDK), has increased significantly. This phenomenon is triggered by the popularity of drinks that have gone viral on social media and aggressive advertising. The increase in MBDK consumption has the potential to increase various health problems, especially the risk of diabetes among young people. In an effort to control consumption patterns and prevent health risks, the implementation of MBDK Excise is necessary, which is considered to have an impact on several aspects, namely reducing excessive MBDK consumption, the impact on health, socio-economic, and increasing state revenue. The implementation of MBDK Excise has been successfully implemented in various countries, especially in Southeast Asian countries. So far, the implementation of MBDK Excise, which is being implemented by Thailand, Brunei, Malaysia, and the Philippines, has had a positive impact, so the plan to implement MBDK Excise in Indonesia needs to be realized immediately. Therefore, this study aims to analyze the urgency of interpreting MBDK excise duties in implementing regulations. The purpose of this study is to analyze the urgency of implementing the MBDK Excise Tax in implementing regulations as a form of consumer protection. The method used in this research is a normative juridical research method, which involves reviewing secondary literature and then thoroughly analyzing the data for the purposes of this paper.

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