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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan JURNAL HUKUM PRASADA
M. Sudirman
Universitas Brawijaya
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaturan Klausul Pilihan Hukum dan Pilihan Forum dalam Perjanjian Asuransi Kapal di Indonesia Rahmadany Firmansyah; Sihabudin Sihabudin; M. Sudirman
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.508 KB) | DOI: 10.17977/um019v7i1p77-86

Abstract

The ship insurance agreement was prone to causing problems because the parties were in different jurisdictions, such as in the dispute over the PT. Purna Arthanugraha Insurance (PT. ASPAN) with PT. Indonesian Maritime Business Development (PT. Bumi Shipmanagement). The insurance policy agreement, in this case, was subject to and complied with English law, but the settlement of the case was filed in a court in Indonesia. This case became a legal problem in determining the choice of law arrangement and forum for resolving disputes. Based on these problems, this study aimed to analyze the regulation over the choice of law clause and the choice of forum in the ship insurance agreement. The approach used in this study was a case study approach and a statutory approach. The type of research used in this study was normative juridical, the data analysis technique used descriptive, interpretation, evaluation and argumentation techniques. The study results showed that the choice of law clause in the ship insurance agreement based on the agreement of the two parties referred to the applicable law in England, namely the Marine Insurance Act 1906. The setting of the forum choice clause in the ship insurance agreement was not regulated strictly and explicitly, so the dispute was submitted by one of the parties to the district court based on civil procedural law. Settlement of ship insurance agreement disputes through a lawsuit to the district court was not ideal because the district court's scope was limited to civil cases of a general nature.
Legal Certainty for The Reading and Signing of The Deed through Teleconferencing Media During The Covid 19 Fahrul Ramadan; Reka Dewantara; M. Sudirman
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1016.288 KB) | DOI: 10.22225/jhp.9.1.2022.7-19

Abstract

The Covid 19 pandemic hit Indonesia, in the hampering of notary work in carrying out their duties and positions due to the establishment of large-scale social restrictions (PSBB). As a result, many notaries closed their offices and conducted deed-making services using electronic technology and teleconferencing media. The problem studied in this study is 1) How is the validity of the reading and signing of deeds implemented through teleconferencing media during the Covid 19 pandemic? 2) How to reconceptualization of the arrangement of reading and signing of deeds implemented through teleconferencing media in realizing legal certainty during the Covid 19 pandemic period and after the Covid 19 pandemic period ends? This type of normative research uses statute approach, conceptual approach, and case approach. The results of this study were found: It needs to be written in the head of the deed regarding the reading of the deed using teleconferencing media, at the end of the deed is written a description of the use of digital signatures. At the time of reading the deed through the teleconference media Notary must be in his position for the creation of legal certainty where the deed is made. The need for the expansion of the meaning of the face in article 16 paragraph (1) letter m UUJN to face directly or use teleconferencing media. The meaning of signatures in UUJN needs to be expanded in meaning with digital signatures. The anatomy of the deed in Article 38 of UUJN needs to be changed in the form of deeds made through teleconferencing media and using digital signatures. Recommendations for the government need to harmonize article 5 paragraph (2) of the UU ITE with UUJN for the creation of legal certainty on deeds made by and before notaries digitally both the results and the process of making deeds
Co-Authors Fahrul Ramadan Rahmadany Firmansyah Reka Dewantara Sihabudin Sihabudin