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All Journal Jurnal Daulat Hukum SIGn Jurnal Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF
Siti Malikhatun Badriyah
Universitas Diponegoro
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : LEGAL BRIEF

 1 
Law and Technology: Legal Technology Model under the Authority of the Indonesian Notary Position in the Industrial Revolution Era 4.0 Unggul Basoeky; Fx Joko Priyono; Siti Malikhatun Badriyah; S Sukirno
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (912.523 KB)

Abstract

The era of the Industrial Revolution 4.0 has changed the old paradigm and standard values quickly. Likewise, the legal aspect cannot be separated from the demand to transform every concept, value and paradigm. On the public law side, each country is required to reform its legal rules to be adaptive and compatible with the development of the 4.0 era, while on the private law side it has an impact on trade transaction practices that have created new platforms, namely e-commerce and e-contracts. The position of a notary as a part of the legal system cannot avoid the disruption of the development of the industrial revolution. The preservation of the old paradigm of the position of a notary that requires it to be done traditionally should be reconstructed immediately so that the practice of office can develop and meet the demands of the times. This study uses a normative juridical research method through a conceptual approach, a statutory approach and a legal history approach which is elaborated with the concept of disruption technology and the theory of the economic analysis of law. Conclusion This journal describes that the fundamental obstacle to notary practice based on the Legality Principle which relies on Procedure, Authority & Substance should have been able to be transformed electronically based on the legal technology paradigm. With references from various organizational benchmarks and conventions mentioned above, they can be the philosophical, sociological and normative foundations in formulating notarial laws that are compatible, adaptive and adequate to the realities of the industrial revolution era 4.0. Recommendations for the need for legal reform, namely changes to legislation concerning the position of a notary through the establishment of an e-notary PP that integrates in a rigid manner the procedure, substance and authority in applying the authority of a notary in certifying electronic transactions.
Law Enforcement Against Unfair Competition Among Notaries According to Notary Ethics Code Asranita; Siti Malikhatun Badriyah
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 (475.357 KB) | DOI: 10.35335/legal.v11i5.528

Abstract

Notary is a public office who is authorized to make authentic deeds which have perfect verification power. In performing their profession and/or duties, notaries must obey and be attached and oriented to the existed rules, they are Constitution No 30 Year 2004 About Notary Office, Constitution No 2 Year 2014 About Amendment of Constitution No 30 Year 2004 About Notary Office (which is then called UUJN) and Notary Ethics Code. This research aimed to find out how law enforcement against unfair competition among notaries according to Notary Ethics Code is and what the legal effects to Notaries who are involved in an unfair competition are. This research was done by applying descriptive qualitative method sourced from literature review and previous studies. From this research, it was found that the law enforcement against unfair competition among notaries which is included in Notary ethics code violation is contained in the Notary Ethics Code. In a case of a Notary involved in an unfair competition is definitely violate the existed ethics code and can raise a legal effect which is given a sanction.
Co-Authors Asranita Asranita Asranita F. X. Joko Priyono Jessica Bintang Victoria Damanik Reza Ananda Kurniasari Savira Alia Muktamara Sukirno Sukirno Unggul Basoeky