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Bayu Indra Permana
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Acten Journal Law Review
Published by PT. Matra Cendikia Abadi
ISSN : 30640164     EISSN : 30640164     DOI : https://doi.org/10.71087/ajlr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ACTEN JOURNAL LAW REVIEW is an academic journal jointly organized and operated by PT. Matra Cendikia Abadi, domicile in Jember, East Java. This objective of this journal comes from the current context of issues within the framework of notary law that need to be discussed from various kinds of approaches. Thus, the scope of this journal in consist of: Contract Law, Notary Law, Land Law, Civil Law, Business Law, Technology and Cyber Law, Tax Law, Inheritance Law, Islamic Banking Law. Emphasizing a combination of theoretical insights with practical applications, The Journal facilitate robust discussions on legal theory, policy implications, and comparative legal studies. However, it also accommodate several articles in general topic in each issue. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 2 No. 2: Aug 2025" : 6 Documents clear
Penerapan Artificial Intellegence (AI) Dalam Perkembangan Cyber Notary di Era Transformasi Digital Setyawan, Angelina Regita Kerin; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.28

Abstract

A notary is a public official who, in carrying out their duties, refers to the Notary Position Law, which stipulates that the creation of deeds must be done face to face with clients. However, in the provisions of the Notary Law itself, Article 15 Paragraph (1) letter m provides that cyber notaries can be implemented. This research aims to assess the application of artificial intelligence (AI) in the development of cyber notaries in the era of digital transformation and to examine to what extent AI will support or replace the role of notaries as public officials. This study uses normative legal research with a legislative and conceptual approach through literature studies that are analyzed descriptively. The results of this study indicate the position of AI in the Notary Position is only as a supporting tool, not as a substitute for the notary position, because AI cannot legally replace the role of a notary, regarding the position of AI there are also no clear norms in the laws and regulations. So the position of AI in cyber notary is only as a supporting tool for Notaries which provides many conveniences for notaries in carrying out their duties. The application of AI as part of cyber notary by optimizing AI performance so that notaries can work more effectively and efficiently. With the existence of legal provisions that are in line with the application of AI in cyber notary, it will certainly make it easier for notaries to carry out their duties, in addition to the guarantee of electronic storage of notary protocols, there also needs to be legal provisions with the guarantee of client data security.
Upaya Penegakan Hukum Terhadap Anak Pelaku Tindak Pidana Penyalahgunaan Narkotika Hidayat, Sa'ban Alfin; Wahyudi, Setya; Budiyono
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.29

Abstract

Children as a vulnerable group are increasingly involved as perpetrators or victims in the distribution and abuse of narcotics. This situation demands a legal response that is not only repressive, but also solution-oriented and just. This article aims to analyze law enforcement against children who are perpetrators of narcotics abuse, with a normative legal approach. The main focus of this study is to assess the suitability between the law enforcement process against children and the objectives of punishment as regulated in the national legal system. This study examines a number of regulations, including Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and Law Number 35 of 2014 concerning Child Protection. The method used in this study is conducted with normative legal research. The approach method used in compiling this writing is normative legal research and also uses a deductive thinking method. The results of the study show that, although the regulation has placed rehabilitation and restorative justice as the main approach, implementation in the field still faces obstacles such as limited facilities, human resources, and minimal coordination between institutions. Factors that influence children to become perpetrators of drug abuse are legal substance, legal structure, facilities, legal culture and society. The most influential factor is the child's own internal. Law enforcement against perpetrators of drug abuse crimes committed by children has been effective. The role of parents to educate children properly so that they are not easily influenced to do things that violate the law.
Kepastian Hukum Penggunaan Artificial Intelegence Terhadap Penyimpanan Protokol Notaris Himami, Desyana; Sari, Nuzulia Kumala; Ali, Moh.
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.32

Abstract

Legal uncertainty related to the use of artificial intelligence (AI) in storing notary protocols, which is part of the implementation of the cyber notary concept in Indonesia. The background of this research is the era of the Industrial Revolution 4.0 and Society 5.0, which demands high efficiency, security, and accessibility in storing notary documents, especially to reduce the risk of damage to physical documents due to natural disasters and other factors. Although the use of AI in storing notary protocols promises better efficiency and security, there is no legal certainty that supports this application, due to the overlap and inconsistency between the Notary Law and the Information and Electronic Transactions Law. This study uses a normative legal methodology with a statutory and conceptual approach to analyze related legal regulations and explore issues that arise due to the legal vacuum in the use of AI by notaries. The results of the study show notaries have an obligation to make minutes of deeds and archive them as a form of action from the notary protocol. The obligation to store these minutes of deeds aims to maintain the authenticity of the deed. Storage of notary protocols until now still uses printed media stored in a separate archive room at the Notary's office, this certainly poses a high risk to the safety of the notary protocol if there is force majeure at the Notary's Office. Storage of Notary protocols using AI does not guarantee legal certainty, because there are no comprehensive and explicit regulations regarding the use of AI in Storing Notary protocols. However, this is a challenge whose implementation requires more specific implementing regulations so that notaries have clear guidelines in carrying out the document digitization process safely and legally.
Rekontruksi Asas Tabellionis Officium Fideliter Exercebo Dalam Perspektif Cyber Notary: Studi Perbandingan Indonesia dan Amerika Serikat Aulia, Farah Nizrina; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.33

Abstract

Cyber ​​notary as part of the development of digital technology has become a new innovation in notary services. However, in the midst of the presence of cyber notary, it raises new challenges, especially in the aspect of the classical principles of notary, especially the principle of Tabellionis Officium Fideliter Exercebo which is oriented towards the notary's devotion to the duties that have been carried out so far. This article is oriented to examine the concept of cyber notary and the principle of Tabellionis Officium Fideliter Exercebo in terms of challenges and implementation. In addition, this article contains a comparative study of other countries using the United States as a reference for comparison as well as a representative of the use of cyber notary. This research is a legal research that uses a statutory approach and a comparative approach to describe ideas for the renewal of notary law in the aspect of cyber notary in Indonesia. The result of this research show The concept of cyber notary has shifted the paradigm of conventional notaries based on physical to digital systems. However, in its implementation, it does face quite big challenges. A comparative study with the United States through the RON system shows that this country has succeeded in adjusting notary integrity with job accountability through legal means and infrastructure, as well as forming national standards that represent technological progress without sacrificing ethical aspects. Therefore, there needs to be a rigid regulation in the Notary Law that represents progressive positive law in responding to the challenges of the development of the era, by reformulating notary law that not only accommodates technological devices, but also reconstructs the meaning of job fidelity in aspects that are in accordance with the values ​​of trust and caution.
Perlindungan Hukum Bagi Direksi Yang Diberhentikan Melalui Keputusan Sirkuler Yang Tidak Sah: Studi Perbandingan Indonesia, Singapura, Britania Raya, dan Australia Ferencia, Viony; Azwar, Tengku Keizerina Devi; Windha
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.38

Abstract

Circular resolution is one of the decision-making mechanisms by shareholders other than the GMS has become one of the mechanisms often used by shareholders to make decisions in limited companies. However, the use of circular resolutions is inseparable from potential juridical problems, among others related to abuse of authority, especially in the context of dismissal of members of the board of directors. This article aims to examine the utilization of circular resolutions in the limited liability company system in Indonesia, both in terms of normative application and risk implications. In addition, this research also compares the legal systems in Singapore, the United Kingdom, and Australia in order to obtain a more comprehensive perspective on the regulation of the circular resolution mechanism. The method used is normative law. The nature of the research is prescriptive using secondary data obtained through data collection and data analysis techniques. The research approach uses a statutory approach, case approach, and comparative approach. The results show that legal protection for directors who are dismissed through circular decisions is not yet optimal. This is due to the regulation regarding circular decisions in Indonesia which is currently limited to only 1 (one) article, and there is no further regulation regarding procedures, time periods, and no restrictions on the use of circular decisions, so that it has the potential to cause legal uncertainty and less than optimal legal protection for PT directors in Indonesia. Therefore, to ensure legal certainty and optimal legal protection for directors, it is necessary to have bright and clear arrangements related to circular decisions that present progressive positive law in mitigating the risk of misuse of circular decisions in Indonesia.
Keabsahan Penarikan Paksa Kendaraan Bermotor Secara Sepihak Tanpa Sertifikat Fidusia Triwulandari, Melsa; Kusuma, Ajeng Pramesthy Hardiani; Yasa, I Wayan
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.42

Abstract

As stipulated in Article 11 of Law Number 42 of 1999 concerning Fiduciary Guarantees (UUJF), registration is required to obtain executory power. The case study of Decision Number 597/Pdt/2020/PT DKI shows that the withdrawal of a vehicle without a certificate is declared an unlawful act. This study aims to analyze the validity of such actions, the legal consequences they entail, and the remedies available to consumers. The methods used are normative legal research with a legislative and conceptual approach, as well as qualitative analysis based on literature review. The results of the study show that repossession without a Fiduciary Certificate is not legally valid because it contradicts Article 15 paragraphs (2) and (3) of the UUJF, and is confirmed by Constitutional Court Decision No. 18/PUU-XVII/2019 jo. No. 2/PUU-XIX/2021, which requires an agreement on breach of contract (default) and is based on a Fiduciary Certificate for the validity of parate execution, or through the courts if these conditions are not met. Such unilateral actions can be classified as unlawful acts with consequences of compensation based on Article 1365 of the Civil Code, while efforts to resolve them can be carried out through non-litigation or litigation channels if no agreement is reached. The research recommendations emphasize the importance of enforcement based on Fiduciary Certificates, compliance by Financing Companies with laws and regulations, and prioritizing dispute resolution through non-litigation means in order to maintain a balance of rights and obligations between creditors and debtors.

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