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All Journal Jurnal Hukum Volkgeist LEGAL BRIEF Amsir Law Jurnal (ALJ)
Hasbir Paserangi
Hasanuddin University
Arts Humanities Law, Crime, Criminology & Criminal Justice

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The State of Notary as a Legal Auditor Dinza Diastami M.; Ahmadi Miru; Hasbir Paserangi
Amsir Law Journal Vol 1 No 1 (2019): Oktober
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v1i1.17

Abstract

The existence of legal auditors as a certified profession in carrying out legal audits is essential and strategic in developing a legal compliance system in Indonesia. However, statutory regulations specifically in UUJN (regulation of notary position) does not regulate the prohibition of a dual notary position as a legal auditor. This study adopts an empirical juridical approach which was conducted in the Special Capital Region of Jakarta. The results of the study showed that there were no statutory provisions regarding the ability of a person who had served as a notary to become a legal auditor. Although, the Notary Position Law and the code of ethics bindthe notary public which do not also prohibit a notary from occupying the position of legal auditor. In the case of a notary and a legal auditor, the potential for a conflict of interest is immense. This was based on the consideration a legal auditor which has the duty to examine and/or assess legal issues related to a company, including the validity of authentic deeds made before a notary official.
The Implementation of Ultra Petita Principle in Decisions on Corruption Cases in Indonesia (A Study of Legal Sociology) Rizka Wahyuni Amusroh; Haeranah; Hasbir Paserangi
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.768 KB) | DOI: 10.35335/legal.v11i5.625

Abstract

This study aims to analyze the implementation of the ultra petita principle in criminal procedural law in Indonesia and to analyze the implementation of the ultra petita principle in decisions on corruption cases from the perspective of the theory of legal purposes. This research is a Sociology of Law research with Statue Approach, Conceptual Approach and Legal Sociology Approach. The material obtained is in the form of primary legal material and secondary legal material which is analyzed systematically and qualitatively in this case it will examine all data collected based on primary legal material and secondary legal material, which will then be connected with principles, legal theories, as well as the formulation of existing legislation so that a conclusion can be drawn in order to answer the problem studied. decision in corruption cases, especially related to the Juliari P. Batubara case, is justifiable because basically the judge decides according to the prosecutor's indictment, not the indictment. The judge has the authority to decide on a case based on the prosecutor's demands if it is in accordance with the legal facts at trial but must remain within the minimum maximum limit of the article suspected. In the decision on the criminal act of corruption, Juliari P. Batubara focused more on the aspect of legal certainty in the theory of legal purposes.
Potential Legal Protection for Oil Products Sumbawa NTB in the Context of Geographical Indications Efrilya Rhaswika; Hasbir Paserangi; Marwah Marwah
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2829

Abstract

Since the foundation of the Asean Economic Community (AEC), rapid economic competitiveness has made it easier to get company licenses and enhanced worldwide competition. The Indonesian people must increase their inventiveness and preserve the intellectual property rights (IPR) of the goods they produce, lest they be appropriated by other nations. In spite of the fact that the adoption of Geographical Indications (GI) can greatly boost sales value and the number of products marketed, Indonesia still lacks legal rules for GI that could safeguard Indonesian exports worldwide. Sumbawa Oil is one of the finest products that has the potential to become GI. This research is an empirical legal study that evaluates facts congruent with field observations. Researchers will investigate the characteristics of Sumbawa oil products for their potential to be protected by GI, as well as the role of the West Sumbawa Regional Government in promoting the registration as GI in order to improve the economic health of the business community. Consequently, Sumbawa oil consists of two variables: natural factors and human ones. The government has also aided the community in laboratory testing by BPOM so that the test findings meet the requirements for sale and registration as Sumbawa Oil with Geographical Indication.
Co-Authors Ahmadi Miru Dinza Diastami M. Efrilya Rhaswika Haeranah Marwah Marwah Rizka Wahyuni Amusroh