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INDONESIA
Siber International Journal of Advanced Law
Published by Siber Nusantara Review
ISSN : 29875609     EISSN : 29875595     DOI : https://doi.org/10.38035/sijal.v1i1
Core Subject : Humanities, Social,
Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may include but is not limited to areas such as: Philosophy and Legal Theory; Comparison of Laws; Legal Sociology; International law; Civil law; Business Law; Economic Law; Environmental law; Criminal law; Criminal Law; Constitutional and Administrative Law; Technology, Information and Communication Law; Human Rights Law; Islamic and Family Law; Agrarian Law; Air and Space Law; Customary Institutions Law; Religious Jurisprudence Law; International Regime Law; Governance of Legal Pluralism; And Other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 136 Documents
Notary's Responsibility for the Material Truth of Capital Deposit by the Founder in the Deed of Establishment of Limited Liability Company Salsabila Sekar Rachmadhani; Albertus Sentot Sudarwanto; Fatma Ulfatun Najicha
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.240

Abstract

This research discusses the responsibility of notaries in relation to the material truth of the deposit of capital by the founders in the deed of establishment of a Limited Liability Company. The purpose of this research is to analyze the extent of notary’s responsibility when there is negligence in depositing capital by the founder and the deed of establishment is declared to be null and void. This research is a normative legal research with a legislative and case approach. The results of the study show that the notary is only responsible for the formal correctness of the deed made. The court decision that annuls the deed of establishment due to the negligence of the founders is considered inaccurate, because it blurs the boundary of responsibility between the founder and the notary, and can undermines the principle of legal certainty.
Legal Position of Making a Deed of Sale and Purchase Binding Agreement (PPJB) That Does Not Comply with the Material Requirements Abdon Longginus Michael Maku; Ayub Torry Satriyo Kusumo; Noor Saptanti
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.254

Abstract

This study aims to determine how a deed is said to be in accordance with formal and material requirements and what are the legal consequences and legal status of a deed that does not comply with formal and material requirements. This study is a Normative Research with a Conceptual Approach. The legal materials used are primary legal materials in the form of the Civil Code, Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, secondary legal materials in the form of books, articles and related journals. While the data analysis method used is qualitative. The results of this study are that a Notarial deed including a Deed of Sale and Purchase Agreement must meet the requirements in Article 1320 of the Criminal Code and Article 38, Article 39, and Article 40 UUJN. The results of the second discussion are that a deed that does not meet the requirements of Article 1320 of the Criminal Code, Articles 38,39 and 40 UUJN has the same evidentiary force as a private deed.
Coast Guard Plays a Role in Maritime Law Enforcement Rr.Dijan Widijowati; Marcellus Jayawibawa; Dwi Andayani Budisetyowati
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.256

Abstract

Indonesia, as the world's largest archipelagic state, faces complex challenges in maritime law enforcement. The establishment of the Maritime Security Agency (BAKAMLA) as the embryo of the Indonesian Coast Guard aims to fulfill institutional needs to ensure security and safety within national waters. This study aims to analyze the essential role of BAKAMLA in maritime law enforcement and identify the regulatory challenges it faces. Using a normative juridical approach, this research examines various legal frameworks related to maritime institutions and authority. The findings reveal that overlapping regulations and authority among institutions such as the Indonesian Navy (TNI AL), the National Police (POLRI), the Ministry of Marine Affairs and Fisheries (KKP), and others significantly hinder BAKAMLA’s effectiveness. Therefore, harmonization of maritime legal systems and regulations is urgently needed. It is recommended to enact a Coast Guard Law as a single regulation that designates BAKAMLA as the main coordinator of maritime law enforcement. This reform is expected to improve inter-agency coordination, integrate early detection systems, and strengthen Indonesia’s maritime sovereignty and security.
The Impact of Constitutional Court Decision Number 84/PUU-XXII/2024 on the Retirement Age Limit for Notaries from the Perspective of Justice and Legal Certainty Meidya Utama Prayoga; Agus Riewanto; Anjar Sri Ciptorukmi Nugraheni
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.269

Abstract

Constitutional Court Decision Number 84/PUU-XXII/2024 introduces significant changes to the regulation of the retirement age for notaries in Indonesia. Previously, the Notary Position Law strictly limited the retirement age to 65 years, or up to 67 years with an extension. However, through this decision, the Court allows notaries to remain in office beyond the age of 67, provided they meet physical and mental health requirements as well as demonstrate professional integrity. This study employs a normative legal research method with a descriptive approach, using both doctrinal analysis and primary and secondary data sources. The findings reveal that the decision has amended the retirement age limit for notaries from 67 to 70 years. Furthermore, it provides an opportunity for notaries to serve beyond that age as long as they meet the health criteria. From a justice perspective, this is seen as a protection of constitutional rights; however, it still requires clear and objective parameters to avoid inequality. While the extension acknowledges the competence of senior notaries, it may hinder generational renewal and create legal uncertainty without proper oversight. Therefore, the role of professional organizations and the government is essential to ensure fair and professional implementation.
The Criminal Act of Desertion Against TNI Members Reviewed from Influencer Background and Prevention Efforts Roy Leonard Hosea Pasaribu; Rr. Dijan Widijowati
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.271

Abstract

Discipline is a fundamental principle in the military, especially for soldiers of the Indonesian National Armed Forces (TNI). Serious disciplinary violations such as desertion, the act of leaving duty without permission, remain a major problem within the TNI. This study aims to analyze in-depth the application of the law to the crime of desertion within the TNI, as well as the factors that influence it, and examine effective preventive measures to reduce the number of desertions in the Indonesian Navy (AL). This study uses a normative legal research method. Data were collected through a literature review focusing on laws, government regulations, and related decisions. Data analysis was conducted descriptively and analytically. The application of the law to desertion is strictly regulated in Articles 87 and 89 of the Military Criminal Code (KUHPM), which stipulate sanctions ranging from imprisonment to dismissal. The government must focus more on proactive prevention through a comprehensive approach, including improving soldier welfare, strengthening mental and psychological development, improving leadership and supervision, and optimizing recruitment and legal education.
Legal Protection for Victims of Sexual Violence in the Military Environment Through the Military Justice System Satur Pradana; Rr. Dijan Widijowati
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.276

Abstract

This study examines the reporting mechanism and legal protection for TNI members who are victims of sexual violence in the military environment, and evaluates the extent to which military law has been responsive and accommodating to the case of Lieutenant AAP against seven private soldiers. Using normative legal research methods with a statutory, case, and conceptual approach, as well as descriptive qualitative data analysis, this study found that TNI members who are victims of sexual violence have several reporting channels, namely to their direct superiors/unit commanders, Provost/Military Police (POM), and the Internal Supervisory Agency (TNI Inspectorate/Forces). In terms of legal protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) and the Military Criminal Code (KUHPM) are the main comprehensive legal umbrellas. The KUHPM, both directly and through references to the general Criminal Code, provides a strong criminal basis. This study concludes that military law in Indonesia is fundamentally quite responsive and accommodating to handling sexual violence, in terms of the completeness of its regulatory instruments. There are multiple sanctions from the Criminal Code, the Military Disciplinary Law, and the Soldier's Code of Ethics.
The Role of Electronic Evidence in Proving Crimes in the Digital Era Edy Sugiarto
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.278

Abstract

Current development the more rapidly which is followed with development something technology information that can help work human , become means education and become a field For get rupiah coffers . A technology is wrong One tool which can make it easier man in all activities activities and matter This No can separated One each other, and Already become something attachment between humans and technology . One of them crimes brought about by development and progress technology information is crime related to with Internet applications. Crime This in term foreign often called with “Cyber Crime Scientific Article This Use study law normative or study law literature that is research conductedwith method research material library or secondary data, and types research on writing This is study juridical normative, namely reviewed with approach legislation It means something problem will seen from aspect the law with examine regulation legislation. Research results show that the law in Indonesia is still need to be completed For form arrangement about company individual This in regulation legislation separate from the ITE Law. Important conclusions from study This is need form this Electronic Evidence arrangement in regulation legislation invitation separately outside the Criminal Procedure Code.
Legal Protection for State-Owned Banks as Credit Holders Whose Collateral Objects Have Been Confiscated by the State in Respect of Criminal Acts of Corruption Hakim Harismawan Mubarak
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.283

Abstract

Protection for State-Owned Banks as The object of the Mortgage Rights Holder The guarantee Confiscated by the State Action Corruption Crime, The law does not automatic play a role in economic development. Economic development law can create three quality: “predictability”, “stability”, and “fairness”. The absence of uniformity, existence confusion and misunderstanding about state finances and state losses have bring in uncertainty law and finally hamper economic development. Research This use study juridical normative or study law literature that is research conducted with method research material library or secondary data , a process for find rule law , principle law and doctrine law For answer issue the law faced . Research result show that the law in Indonesia is still need to be completed For related protection law for state-owned banks as holder right the object of responsibility the guarantee confiscated by the relevant state action criminal corruption.
Legal Protection for Consumers of Defective Products in the Digital Market Muhammad Rajab; Wahyu Kurniadi
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 4 (2024): Siber International Journal of Advanced Law (April - June 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i4.297

Abstract

In the digital era, defective products distributed through online platforms pose serious challenges to consumer protection. This study aims to analyze the forms of legal protection consumers have when receiving defective products through digital commerce, as well as the obstacles and efforts to optimize these protection mechanisms. The research method is normative-juridical, with a review of laws, court decisions, and comparative legal literature. The results show that despite the existence of a legal framework in Indonesia—such as the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE)—there is a gap in specific regulations that accommodate the characteristics of e-commerce, including the identification of perpetrators, platform liability, and dispute resolution mechanisms. To address this issue, regulatory reform is needed to hold digital platforms accountable for defective products, increase the capacity of consumer watchdog institutions, and provide a fast and effective online dispute resolution channel. These findings are expected to provide input for the development of consumer protection policies in the digital commerce era.
Implementation of the Principle of Good Faith in Business Agreements in the Digital Era Amalya Nadhira Hiesan; Wahyu Kurniadi
Siber International Journal of Advanced Law (SIJAL) Vol. 1 No. 4 (2024): Siber International Journal of Advanced Law (April - June 2024)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v1i4.301

Abstract

In the digital era, defective products distributed through online platforms pose serious challenges to consumer protection. This study aims to analyze the forms of legal protection consumers have when receiving defective products through digital commerce, as well as the obstacles and efforts to optimize these protection mechanisms. The research method is normative-juridical, with a review of laws, court decisions, and comparative legal literature. The results show that despite the existence of a legal framework in Indonesia—such as the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE) there is a gap in specific regulations that accommodate the characteristics of e-commerce, including the identification of perpetrators, platform liability, and dispute resolution mechanisms. To address this issue, regulatory reform is needed to hold digital platforms accountable for defective products, increase the capacity of consumer watchdog institutions, and provide a fast and effective online dispute resolution channel. These findings are expected to provide input for the development of consumer protection policies in the digital commerce era.

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