Articles
78 Documents
<![CDATA[The Redefinition of Nullity for Legal Purposes and the Possibility of Annulment Due to the Failure to Fulfill the Validity Requirements of an Agreement (Case Study of Decision No. 31/Pdt/2-2-/PT MDN) ]]>
<![CDATA[Sabillah, Tasya]]>;
<![CDATA[Jatmiko, Mamiek]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i1.264
<![CDATA[The research written by Tasya Sabillah explains the redefinition of nullity for legal purposes and the possibility of annulment due to the failure to meet the validity requirements of an agreement. It discusses the validity of an agreement in relation to the annulment of an agreement in Decision No. 31/Pdt/2-2-/PT MDN, as well as the legal norms that define the annulment of an agreement in this decision. The research, conducted through a literature study and categorized as normative research, results in the Judge's Considerations in the Annulment of the Agreement in Decision No. 31.7/Pdt/2020/PT.Mdn. The main point is that PT. Tarurung had incorrectly applied the law by examining and ruling on the plaintiff's lawsuit, whereas the core dispute in the case was about breach of contract (wanprestasi) between the defendant and the plaintiff based on the cooperation agreement (SPK), which is essentially a contractual case. The legal consequence of the annulment of the agreement in Decision No. 31.7/Pdt/2020/PT.Mdn, as concluded by the judge in the case, is that the decision cannot be executed, making the ruling effectively non-existent.]]>
<![CDATA[The Notary's Responsibility in Tax Avoidance Related to the Sale and Purchase Binding Agreement and Power of Attorney to Sell ]]>
<![CDATA[Albi, Yuni]]>;
<![CDATA[Saleh, Moh.]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i1.266
<![CDATA[This research discusses the responsibility of a notary in drafting a Sale and Purchase Binding Agreement (PPJB) with a Power of Attorney to Sell, which is suspected of involving tax avoidance. The aim of this study is to analyze the notary's responsibility in cases of tax avoidance carried out through the Sale and Purchase Binding Agreement and Power of Attorney to Sell made before a notary. Currently, there are no written regulations that explicitly prohibit or allow notaries to draft such agreements suspected of tax avoidance. However, notaries must act professionally and bear significant responsibility in performing their duties by adhering to the Notary Law (UUJN), the applicable code of ethics, and the prevailing legal regulations. A notary's work must be trustworthy, reliable, and aligned with Standard Operating Procedures (SOP), from the commencement of work to achieving accurate results. In addition to professionalism, a notary is also expected to provide proper and clear legal guidance to the parties involved. This study employs a descriptive-analytical approach with a normative juridical method. The research findings indicate that tax avoidance by a buyer in the drafting of a PPJB with a Power of Attorney to Sell is considered valid if neither the original seller nor the subsequent buyer files for the annulment of the PPJB or the Power of Attorney to Sell. Nevertheless, notaries are urged to exercise greater caution when dealing with clients who intentionally engage in tax avoidance, as such actions could have negative repercussions on the notary's reputation and legal standing.]]>
<![CDATA[Restitution Arrangements for Children Who are Economically and/or Sexually Exploited Based on Principles of Justice ]]>
<![CDATA[Purba, Melana]]>;
<![CDATA[Mangesti, Yovita Arie]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i1.267
<![CDATA[This article examines the implementation of the right to restitution for child victims of economic and sexual exploitation. The goal is to assess how effectively the right to restitution is fulfilled for such victims, based on the analysis of Decision No. 331/Pid.Sus/2021/PN Yyk. It is a normative legal study with a prescriptive focus, utilizing both primary and secondary legal sources. The method of legal material collection involves a literature review with a case approach. The analysis is conducted using the syllogistic method and a deductive reasoning process. The findings reveal that the child victim received a restitution payment of Rp. 81,650,000. The decision by the Yogyakarta District Court, however, lacks clear legal certainty, as the charges presented before the trial were confirmed to be valid and compelling for the judge in reaching his decision. The judgment also reflects a sense of justice, as it addresses the victim's needs, including medical and psychological care, through a criminal decision that mandates compensation for the child victim.]]>
<![CDATA[Legal Protection of Consumers in the Digital Business World ]]>
<![CDATA[Muslim, Muslim]]>;
<![CDATA[Aituru, Yulianus Payzon]]>;
<![CDATA[Upara, Abdul Rahman]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.288
<![CDATA[This article aims to analyze the legal protection of consumers in digital business in Indonesia. With a normative juridical approach, this study examines applicable regulations and the implementation of legal protection for consumers who transact online. The analysis was carried out on the Consumer Protection Law (UUPK), Government Regulations, and other regulations related to electronic transactions and data security. The results of the study show that although there are various regulations that regulate consumer protection in digital businesses, there are still various challenges in their implementation. Lack of consumer awareness, weak law enforcement, and the complexity of digital transactions are the main obstacles in consumer protection. Therefore, a strategy to increase digital literacy, strengthen regulations, and increase supervision in digital business practices is needed so that consumer rights can be optimally protected]]>
<![CDATA[Drafting Legal and Profitable Business Contracts:Legal Aspects to be Aware of ]]>
<![CDATA[Polontoh, Herry]]>;
<![CDATA[Andrias, Maria Yeti]]>;
<![CDATA[Gani, Najamuddin]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.289
<![CDATA[Drafting legitimate and profitable business contracts is a crucial aspect in the business world. This article aims to analyze the legal aspects that must be considered in the preparation of a business contract in order to qualify it for validity and provide benefits to the parties. This study uses normative methods with a juridical approach, namely analyzing the applicable legislation, legal doctrine, and court decisions related to business contracts. The results showed that the validity of the contract is highly dependent on the fulfillment of the conditions in Article 1320 of the Civil Code, including the agreement of the parties, legal competence, clear object, and lawful cause. Non-fulfillment of such conditions may result in cancellation of the contract or be null and void. In addition, a profitable contract must observe the principle of fairness and balance between the rights and obligations of the parties in order to avoid potential disputes that could harm business continuity. Therefore, transparency in the preparation of contracts and effective dispute resolution mechanisms are important factors to ensure contracts are not only legally valid, but also support the stability and sustainability of the business.]]>
<![CDATA[International Law Study on the Execution of Mortgage Guarantee Assets Located Outside Indonesia. ]]>
<![CDATA[Kadafi, Syahril]]>;
<![CDATA[Adjie, Habib]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.273
<![CDATA[Mortgage guarantee is a form of material security regulated in Indonesian civil law. Provisions regarding mortgage guarantees can be found in Articles 1162 to 1232 of the Civil Code (Civil Code). These articles include general provisions to special rules related to mortgage guarantees. In addition, the Commercial Code (KUHD) also regulates certain aspects of mortgage collateral, especially in Articles 314 to 316, which highlight objects that can be used as collateral for mortgages in business transactions. In addition to these regulations, Law Number 17 of 2018 concerning Notary Services also has relevance in regulating mortgage guarantees, especially in relation to the process of recording and legal validation of mortgage agreements. This journal article discusses international legal studies related to the execution of mortgage-backed assets located outside the territory of Indonesia. The main focus of this study is to analyze how international legal principles can be applied in the context of cross-border mortgage guarantee dispute resolution. With a legal reconstruction approach, this study aims to provide an in-depth understanding of the relationship between international law and the implementation of the right of guarantee on a global scale]]>
<![CDATA[Lease Agreement of "Surat Ijo" Land in Surabaya in Relation to Law Number 5 of 1960 on the Basic Agrarian Law ]]>
<![CDATA[Saleh, Moh.]]>;
<![CDATA[Firmansyah, Alfian Ramadhan]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.276
<![CDATA[This journal examines the legal implications of lease agreements involving "Surat Ijo" land in Surabaya in the context of Law Number 5 of 1960 on the Basic Agrarian Law (UUPA). "Surat Ijo" is a type of land document in Indonesia that holds significant legal standing for land ownership and usage rights. The study aims to explore how lease agreements concerning "Surat Ijo" land align with the UUPA's regulations, specifically addressing the issue of land rights, legal certainty, and the protection of both lessors and lessees. Through a normative juridical approach, the research highlights key legal provisions in the UUPA that govern land use, transfer, and lease, and discusses their relevance to "Surat Ijo" land transactions in Surabaya. The analysis reveals the complexities surrounding the lease of such land, particularly concerning its long-term leaseability, legal risks, and the need for clearer regulations to ensure the protection of parties involved. The journal concludes with recommendations for improving legal clarity and the enforcement of land rights to strengthen the legal framework surrounding "Surat Ijo" land leases in Indonesia.]]>
<![CDATA[Legal Certainty of Using Indonesian Language in Notarial Deeds ]]>
<![CDATA[Keristion, Keristion]]>;
<![CDATA[Sesung, Rusdianto]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.278
<![CDATA[Indonesian is the official language of the country used in various aspects of life, including in law and official documents. The use of Indonesian in notarial deeds is important because notarial deeds are legal products that have binding force. This research is entitled “Legal Certainty in the Use of Indonesian in Notarial Deeds”, which aims to examine the extent to which legal certainty is guaranteed in the use of Indonesian in deeds made by notaries. Notaries have an important role in ensuring that the deeds made meet legal requirements, including the use of clear language that does not cause ambiguity. The use of Indonesian language in notarial deeds has been regulated in various laws and regulations. Law No. 24/2009 on the Flag, Language and State Emblem requires the use of Indonesian language in official state documents. Compliance with this provision aims to provide legal protection for the parties involved in the agreement or legal agreement. With this research, it is hoped that it can provide a deeper understanding of how legal certainty can be guaranteed through the use of Indonesian language in notarial deeds and its implications for legal protection for the community.]]>
<![CDATA[The Urgency of Notarial Deeds in the Transfer of Plant Variety Protection Rights ]]>
<![CDATA[Afif, M. Nalina Zaky]]>;
<![CDATA[Sesung, Rusdianto]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.284
<![CDATA[This research discusses the urgency of notarial deeds in the transfer of plant variety protection rights, focusing on the regulations governing the aforementioned matters and the applicable laws and regulations. This normative legal research utilizes primary legal sources, including Law No. 29 of 2000 on Plant Varieties, Law No. 02 of 2014 on Amendments to Law No. 30 of 2004 on Notary Positions, and Presidential Regulation of the Republic of Indonesia No. 14 of 2004 on the Requirements and Procedures for the Transfer of Plant Variety Protection and the Use of Protected Varieties by the Government. The article concludes by examining the legal force of notarial deeds in the transfer of plant variety protection rights and the laws regulating these matters.]]>
<![CDATA[The Urgency of Regulations on the Time Limit for Storing Notarial Protocols as State Archives ]]>
<![CDATA[Adjie, Habib]]>;
<![CDATA[Susanto, Aries Loren]]>
<![CDATA[ Jurnal Hukum dan Keadilan Vol. 2 No. 2 (2025): JHK-February ]]>
Publisher : <![CDATA[PT. Hafasy Dwi Nawasena ]]>
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DOI: 10.61942/jhk.v2i2.285
<![CDATA[A notarial protocol is a collection of documents that are considered State Archives and must be stored and maintained by the Notary in accordance with the provisions of applicable laws and regulations. Based on Article 15 paragraph (1), Article 16 paragraph (1) letter b, Article 58, Article 59, and Article 63 of the Notary Law (UUJN/UUJN-P), a Notary is responsible for storing the deeds and Notarial Protocols throughout their term of office, and these will be passed on to another Notary or their successor. The responsibility of the Notary holding the protocol is also to maintain the confidentiality of the personal data of the parties involved in legal actions reflected in the authentic deed. The lack of regulations governing the digital storage of the Notarial Protocol has created a legal gap. As a result, the digital storage of Notarial Protocols can only function as backup data]]>
