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Leges Privatae
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30483123     DOI : 10.62872/h75hwb10
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Leges Privatae (LP) is a peer-reviewed, open access international journal that discusses politics of law in general and discuss discourses on the development of civil law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal.
Arjuna Subject : Umum - Umum
Articles 38 Documents
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Health Data Protection and Privacy in The Internet of Things Era: The New Legal Challenges in Indonesia Nuzul Quraniati Rohmah
Leges Privatae Vol. 1 No. 1 (2024): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rynb5h75

Abstract

This article addresses the absence of data protection regulations in Indonesia and the implications for personal data security, particularly in the context of the Internet of Things (IoT) and E-Health innovations within the health sector. Personal data, inherently sensitive, requires adequate protection to preserve individual privacy. Despite the benefits of IoT in healthcare, including increased efficiency and effectiveness, concerns arise regarding the security of patient health data. The lack of comprehensive regulations exacerbates the risk of data abuse or leakage by health providers or other parties. Drawing upon legal frameworks and recent cases of personal data violations, the article underscores the urgency for Indonesian governmental action to safeguard personal data, especially in the rapidly evolving landscape of IoT-enabled healthcare services.
The Vital Role Of Notaries In Ontology, Epistemology, And Axiology: Architect Of Legal Reality Formation, Guardian Of Information Validity, And Protector Of Moral Justice Ghaffar Deprian
Leges Privatae Vol. 1 No. 1 (2024): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h1tjzz63

Abstract

This article discusses the vital role of notaries in the context of ontology, epistemology, and axiology as a legal profession that provides authentic document creation services. Notaries are not just deed writers, but architects of the formation of legal reality, maintain the validity of legal information, and follow ethical principles in legal services. By exploring the ontological dimension, notaries are considered as guardians of legal certainty and authentic deed makers who understand the existence and nature of justice. In epistemology, notaries are expected to have in-depth knowledge of legal provisions, ensure the correctness of legal information, and provide a deeper understanding of legal concepts. In axiology, notarial ethics reflect a commitment to avoid conflicts of interest, maintain integrity, and ensure legal services are performed in accordance with moral principles. By engaging these three perspectives, this article illustrates the urgency of notaries in maintaining the sustainability of the legal system and providing fair and balanced legal protection for society.
Legal Protection In Road Transportation: Safety, Passenger Rights And Carrier Liability Fitri Arianti Saputri
Leges Privatae Vol. 1 No. 1 (2024): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qnmrzn25

Abstract

Road transport is one of the main modes of transportation worldwide, with millions of people and goods being transported every day. This article discusses the legal protections put in place in this transportation context, focusing on passenger safety, passenger rights, and carrier responsibilities for goods. Although the legal framework has been established, there are still challenges in its implementation, such as the level of non-compliance with safety rules. In addition, this article highlights the importance of increased cooperation between the government and transporters to improve legal protection for all parties involved. Improvement and enhancement measures are needed for legal protection to be more effective and comprehensive in safeguarding the safety and welfare of passengers and goods transported by road.
The Urgency of Umkm Export Policy Relaxation as a Trade Expansion Step Amid Economic Globalization Nuzul Quraniati Rohmah
Leges Privatae Vol. 1 No. 1 (2024): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zyhkds44

Abstract

Micro, Small and Medium Enterprises are productive economic businesses managed by business entities or individuals. The number of MSMEs in Indonesia continues to increase every year, until in 2017 based on data from the Ministry of Cooperatives and MSMEs, the number of MSMEs in Indonesia reached 62,922,617 units. The level of interest in MSME products is very high abroad, but the high level of interest is not supported by adequate regulations. Despite the high level of interest, many MSME business actors complain about the complexity of the requirements and the high cost of the licensing process to carry out export activities. Micro, Small and Medium Enterprises cannot be equated with large companies, one of which is that in terms of funding, MSMEs are still very weak, making it difficult to accommodate the requirements and licensing fees for exporting, several MSME players canceled export activities due to problems with these requirements and licensing. It is necessary to relax policies for MSMEs so that they can carry out export activities which in turn can increase the country's foreign exchange and also as a step of trade expansion to be able to compete with other countries. This journal is then made to determine the level of urgency of the relaxation of MSME export policies as an effort to expand trade in the midst of economic globalization. The method of writing is carried out with normative juridical where the author reviews this issue based on legislation and related regulations as well as literature related to export activities by MSMEs
Efforts to Strengthen the Indonesian Insurance Sector through the Policy Guarantee Program Nuzul Quraniati Rohmah
Leges Privatae Vol. 1 No. 1 (2024): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2ch37042

Abstract

The development of the financial sector in Indonesia has increased positively, but the insurance sector is still constrained by low penetration rates and default cases that threaten public confidence. To overcome these problems, the Policy Guarantee Program was implemented as an effort to protect policyholders and strengthen the insurance sector. This article analyzes the relevant laws and regulations, the phenomenon of insurance company defaults, and policyholder protection mechanisms in the context of insurance company bankruptcy. The Policy Guarantee Program, mandated in the Insurance Law, aims to guarantee the return of policyholders' rights against liquidating insurance companies. Although there is no detailed information on the operational scheme, some countries such as Japan have successfully implemented similar programs with satisfactory results, which can be a motivation for Indonesia to improve the insurance climate through a policy guarantee program.
Authority Of Non-Muslim Notary In Making Sharia Deeds Arifin, Aan Guswandi
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qntwbh81

Abstract

This research discusses the urgency and regulation of sharia certification for notaries in making sharia deeds, as well as the implications of the use of foreign languages in such deeds. Shariah certification is identified as an important step to ensure notaries' competence in understanding the elements of shariah, although it is not yet a legal obligation. This certification is particularly relevant for non-Muslim notaries who may face obstacles in explaining the contents of sharia deeds that use Arabic and quotations from the Qur'an, in accordance with the requirements of Article 43 of the Law on Notarial Position (UUJN-P) which requires the deed to be made in Indonesian. This research highlights that the validity of sharia deeds is not determined by the religion or beliefs of the notary, but rather by the fulfillment of the formal and material requirements in accordance with Article 38 of the UUJN-P. Nonetheless, deeds that do not comply with Article 38 of UUJN-P are only considered as underhand deeds, with lower evidentiary power. Therefore, sharia certification is considered important to ensure that sharia deeds are made in accordance with established standards, although it does not determine the validity of the deed. This research also recognizes that the term 'non-Muslim notary' is not official and only appears in an academic context, given the absence of religious requirements in notary appointments under Article 3 of UUJN-P.
The Urgency Of Press FreedomRelated To Conflict Of Norms Viewed From The Perspective Of Dignified Justice Jonianto Silalahi; Teguh Prasetyo; Budiarsih; Tomy Michael
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5c0wvz63

Abstract

The Unitary State of the Republic of Indonesia (NKRI) as a legal state based on the Almighty God has an obligation to protect the rights of its citizens, including press freedom. Press freedom, as the fourth pillar of democracy, is guaranteed by the 1945 Constitution and Law of the Republic of Indonesia Number 40 of 1999 on the Press, which guarantees the right to obtain and disseminate information. However, recent laws such as Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) and its revision in Law No. 1 of 2024, along with provisions in the Criminal Code, pose potential norm conflicts with press freedom. Articles in the ITE Law are often used to curb press freedom, contrary to the Press Law which provides legal protection for journalistic activities. This research uses a normative legal method to analyze the conflict of norms between the ITE Law, the Criminal Code, and the Press Law. Through this approach, the research examines how legal principles such as Lex Superior Derogat Legi Inferiori and Lex Specialis Derogat Legi Generalis can be applied to resolve conflicts and ensure effective protection of press freedom within the Indonesian legal framework
Implementation of the Validity of the Belis System Marriage Related to the Reduction of Inheritance Rights on Land in Hambapraing Village, East Sumba Regency Djae, Arnold Paul Kurniawan
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/krn26k54

Abstract

Indonesia has cultural diversity that is reflected in marriage traditions, including belis, which is an important dowry in the customs of the people of Hambapraing Village, East Sumba Regency. Belis not only has a material value, but it is also symbolic, reflecting the appreciation and binding of the family relationship between the bride's family. Although national law through the Marriage Law regulates the conditions for the validity of marriage, traditional traditions such as belis are still considered valid if they meet the provisions of religious and state law. This study examines the validity of marriage with belis and its impact on inheritance rights, especially in patrilineal societies that prioritize boys as the main heirs. Girls generally receive a smaller share of the inheritance, depending on the gift from their parents or brother. Customary law is recognized by the 1945 Constitution and the UUPA, as long as it does not conflict with the national interest. With empirical legal research methods and conceptual approaches, this study combines primary and secondary data to analyze the interaction between customary law and national law. The results showed that marriage with belis was legally legal, with belis reflecting the value of nobility and family interaction in society.
Cancellation of Wills in Civil Inheritance Law: Conditionsand Legal Effects Noviya, Anis
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bq4e0996

Abstract

This study aims to analyze the conditions and legal consequences of the cancellation of wills in civil inheritance law. In inheritance law, a will is an instrument that gives the heirs the freedom to determine the division of wealth as they wish. However, the cancellation of a will often occurs due to changes in the condition or wishes of the heir before he dies. This study uses normative juridical methods, with an approach to laws and regulations and literature studies to examine juridical aspects related to the cancellation of wills, conditions that must be met, and legal implications for heirs. The results of the study show that the annulment of a valid will must meet certain formal requirements, such as being carried out by heirs who have legal capacity and are in good mental health. Cancellation that is not in accordance with the procedure can result in legal uncertainty and disputes among the heirs, as a will that was previously considered invalid can be considered valid again. The legal consequences of this annulment of a will include changes in the distribution of inherited property, which can be done under general inheritance law if there is no new valid will. This study highlights the importance of procedural clarity and legal education so that heirs and heirs understand the impact of the act of annulment.
Civil Law in the Context of Inheritance: Drafting a Validand Functioning Will Samsidar, Samsidar
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/t1a66489

Abstract

This study aims to analyze the legal responsibility of business owners in the case of work accidents and the implications of existing regulations on worker protection. Using a normative juridical approach, this study identifies and analyzes the legal provisions that govern the responsibilities of business owners based on applicable legislation, including the Manpower Law and related government regulations. Data was collected through literature studies that included legal literature, official documents, and analysis of court decisions relevant to work accident cases. The results of the study show that business owners have a significant responsibility in maintaining occupational safety, where a good understanding of regulations and the implementation of safety policies greatly affects the compliance of business owners. The study also identified that there are obstacles for business owners, especially small-scale ones, in meeting their legal obligations related to occupational safety. Therefore, this study recommends increased socialization regarding occupational safety regulations, as well as support for business owners to better understand and fulfill their legal obligations. It is hoped that the results of this research can contribute to the development of labor laws that are more responsive and effective in protecting workers' rights, as well as creating a safer work environment

Page 1 of 4 | Total Record : 38

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