Tadulako Law Review

OPPORTUNITIES AND CHALLENGES OF CYBER NOTARY IMPLEMENTATION IN INDONESIA

Amanah Ikrasari — 2023-12-31

Changes and legal dynamics have risen to a new concept in the notary world. The Law of Notary Public changes have raised the concept of a cyber notary as an effort by the government to accommodate global changes amid the strengthening flow of digital technology and information. Cyber notary itself is a concept in which the duties and functions of a notary can be carried out through electronic media. However, the application of cyber notaries in Indonesia still needs to be improved due to the unclear concept of regulation. In this research, the focus is to look at the opportunities and challenges of implementing cyber notaries in Indonesia from a regulatory and practical perspective. The results of this research show that there is an opportunity to apply cyber notary in Indonesia, (1) legally Indonesia has recognized, acknowledged, and protected the existence of electronic documents are external or products that notaries in cyber notary practice will produce, (2) cyber notary the validity of the law of Notary Public is recognized (3) the effectiveness of cyber notaries in notary services. Meanwhile, in its application, cyber notary encounters challenges, namely (1) limited regulation of cyber notary, (2) conflicting norms of having to read the deed before the parties, (3) problems with facilities, supporting facilities, and infrastructure in the application of cyber notary.

STONE SHALLOT AS A TYPE OF SEASONING. WAITING TO GET GEOGRAPHICAL INDICATION CERTIFICATE

Marini Citra Dewi — 2023-12-31

Shallots are part of the spices that must be in the kitchen of every household. Still, the name stone shallot is better known as being processed into fried shallot, consumed as an additional side dish when served, which has a different shape and characteristic from onions in general because This fried stone shallot is particular and only grows and is found in the Central Sulawesi Region which is currently more commonly found in the Sigi Regency area. This paper aims to improve the standard of living of farmers and business actors of fried stone shallot. After meeting business actors, stone shallot farmers, and the government, the proposed results suggest that it is time to be registered as a reputable shallot after the Trademark and Geographical Indication Law in one regulation. Hence, there is a need for re-appeal and collaboration between academics and the government so that it is immediately prioritized to get a Geographical Indication certificate. Why is this fried stone shallot worthy of a certificate of Geographical Indication Due to its presence in Indonesia only in Central Sulawesi, it has a distinctive taste aroma, and because human intervention creates a delicious and fragrant savory taste, and its characteristics are different from ordinary fried shallot. The pale color is not too red, more dominated by white and a little reddish. Therefore, because of this uniqueness, this stone shallot is waiting for a certificate of Geographical Indication.

STATE RECOGNITION AND RESPECT FOR THE RIGHTS OF CUSTOMARY LAW COMMUNITIES IN THE MALUKU ISLANDS REGION IN THE EXPLOITATION OF FOREST RESOURCES

erik stenly — 2023-12-31

The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations. This writing uses a juridical-normative approach. From the results of the writing it can be stated that the centralized system of government development which has so far been practiced through various permits for the management and exploitation of natural resources including forests has resulted in the degradation and function of forests which has resulted in the loss of access to indigenous and tribal peoples in the archipelago, which has led to economic, social and environmental excesses.

PROTECTION OF HUMAN RIGHTS DEFENDERS OF HEALTH RIGHTS IN CENTRAL JAVA

helen intania — 2023-12-31

Human Rights Defenders (HRD), is actually a term that is not too foreign in Indonesia.Working to uphold women's rights creates vulnerability for human rights defenders.Chronic accumulation of physical, psychological, and psychological stress. economic, and social problems caused by high risk, threats, violence, and vulnerability cause WHRD to experience various health problems including breast cancer, ovarian cancer, brain cancer, stroke, miscarriage, stillbirth and death during childbirth.Most WHRD do not have health insurance. , so that they or their families have to pay for their own medical expenses. The special conditions and vulnerabilities of WHRD as mentioned above have not been accommodated. Therefore, when the health risks mentioned above occur, WHRD find it difficult to report their situation and get access to support and protection. The purpose of this research is to find out, find, and and analyzes human rights defenders on the right to health in Central Java and their protection mechanisms. This research will be conducted in Central Java using a qualitative research method with an empirical juridical approach. The data used are primary data and secondary data obtained through field research and library research. All data obtained will be analyzed and compiled regularly and systematically in the form of research reports to draw conclusions inductively. The outputs targeted in this study are accepted in accredited journals.

DEED OF MEETING DECISION DECLARATION BASED ON INVALID EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS (CASE STUDY COURT DECISION NO.141/PDT.G/2018/PN.BLB)

jovanka eugenia — 2023-12-31

The issuing of the deed of the Statement of the Resolution of General Meeting (PKR) is resulted by the General Meeting of Shareholders (“GMOS”) which is done, in order to ensure the certainty of the law for the decision of the Resolutions of GMOS. The problem arising when the deed of PKR is based on the invalid GMOS (as stipulated on the Resolutions of Extraordinary of General Meeting of Shareholders by PT SGY dated 7 September 2017 which is held by the Board of Commissioners). Therefore, this research is focused for the legal impact by the deed of PKR which is based on the invalid Resolutions of GMOS and responsibility of the public Notary as the party who issued its. The decision of the court of this research is to determine the legal practice of the tort possibility in the Resolutions of General Meeting of Shareholders and the execution of deed PKR by the public notary as the issuer of deed of PKR. The Panel of Judges decided that the defendants have done the tort and punish them to pay the redeem to plaintiff for jointly responsibility including the Notary. Therefore, in order to answer the problem above, the researcher using the method juridical-normative. Furthermore, from this research also shows that the legal consequences of the deed of PKR which is executed by the invalid resolutions of GMOS whether the deed or Resolutions of GMOS become null and void and those responsibility could be the responsibility of the Public Notary as the issuer of deed PKR.

The Deed of the Statement of the Meeting (PKR), the General Meeting of Shareholders, and responsibility of public notary.

INDONESIA’S INDUSTRIAL RELATIONS POLICIES DURING COVID-19 PANDEMIC PERIOD: STRATEGIES AND PROBLEMS

Nindri sulistya — 2023-12-31

Covid-19 pandemic is becoming major problem to all the world, including Indonesia. All sectors, including industrial relations, has been in chaos due to this outbreak. To face the pandemic, government must find effective and efficient solutions through the national policies. This article explores the Indonesia’s industrial relations policies during covid-19 pandemic period. It also discusses the strategies and and problems about the polices. The policies are: (1) Restrictions on the use of foreign workers; (2) Protection of Indonesian migrant workers; (3) Integration of covid-19 mitigation health protocols in occupational safety and health systems in companies; (4) Protection through workers' social security; (5) Wage protection; (6) Launching of pre-employment cards; and (7) Wage subsidy assistance program for workers. Also, the problems that arises from those policies are: (1) Inappropriate use of the legal basis for the policies; (2) The use of the concept of solving problems through "agreements" that do not protect workers' rights; (3) Pre-employment card policy that is not well-targeted and effective; and (4) a wage subsidy assistance policy that does not cover all workers as the target recipients.

MEDIATION OF LAND CONFLICT BY LOCAL GOVERNMENT (STAIN MAJENE PROCUREMENT CONFLICT)

nurul wafiqah — 2023-12-31

This study focuses on two main purposes (1) to identify the authority of the local government as a mediator in the case of land disputes at STAIN Majene and (2) to identify legal protection for STAIN Majene and the property rights holders.This study uses the type of normative-empirical legal research, in the form of normative legal research that is supported and equipped by empirical data and cases. The data sources were obtained through primary and secondary sources of material, interviewed the Head of the Land Division at the Housing, Settlement area and Land Office of Majene Regency, and the Head of the Administrative Section of STAIN Majene. This study was further analyzed qualitatively and the results were presented descriptively.The results of this study show (1) The procurement conflict at STAIN Majene caused a vertical dispute between the Majene Regional Government and the community so that mediation was created. However, in the implementation of mediation, the party who became the mediator was the Majene Regency Government which is not in accordance with the existing authority based on the Minister of ATR/BPN Regulation Number 21 of 2021. (2) Legal protection for STAIN Majene to obtain rights to organize educational activities and legal protection for the community holding certificates, property rights on STAIN campus land with preventive and repressive legal protection

LEGAL CONSEQUENCES OF DEEDS OF GRANTS TO LAND MADE BY NOTARIES

risty rachmonicha — 2023-12-31

Legal action in conducting grant towards land and properties are closely related within the authorities of Pejabat Pembuat Akta Tanah (PPAT) in producing Authentic Act in the form of Grant Act. The authorities of PPAT in producing Grant Act for land is governed under numerous laws which becomes the basis for its authorities. Nevertheless, there are still instances in which Notaries are producing Grant Act. This study will analyse the legal aspect of Grant Act which was made by Notaries. This study utilizes normative legal method of analysis with an emphasis on law and comparative studies. The research finds that: 1) Grant Acts which has been produced by notaries can result in the illegality of the Act; 2) Inability to conduct rights transfers in the land authority office which will result in major loss for the applying party, and; 3) Potential for the notary to be given civil sanction in form of punitive damages.

THE IDEAL CONSTRUCTION OF CASE RESOLUTION FOR VICTIMS OF DOMESTIC VIOLENCE BASED ON RESTORATIVE JUSTICE

yana suryana — 2023-12-31

This research aims to find the ideal concept of resolving cases of victims of domestic violence using restorative justice. This research used normative legal methods with a statutory and conceptual approach. The findings showed that the Indonesian legal system has regulated the protection of victims of domestic violence. However, in reality, victims of domestic violence are not only wives. Husbands are also potential victims of violence. This case can be resolved through restorative justice by involving mediators and psychologists with the principles of non-discrimination and gender equality.

Juridical Study on Social Forestry Before and After Job Creation Law

Wihelmus satarmese2020 — 2023-12-31

Social forestry is a governmental program having been initiated since 1995 and newly getting serious attention through the Minister of Living Environment and Forestry’s Regulation No. 83 of 2016. However, the issuance of Job Creation Law in 2020 has changed many things related to the regulation of social forestry law. This article will conduct a juridical study using legal comparative approach on social forestry before and after the issuance of Job Creation Law. The result shows that: Firstly, Social Forestry after the issuance of Job Creation Law is regulated firmly through some laws from law, Government Regulation and Minister Regulation. In this case, it is different from the condition before the issuance of Job Creation Law. Secondly, the stipulation of customary forest is governed in Government Regulation and the Minister’s Regulation with the right of stipulation given to the Minister of Living Environment and Forestry. Thirdly, following the issuance of Job Creation Law, legal access to social forestry management can be undertaken by an individual. Fourthly, the license of social forestry before the issuance of Job Creation Law was governed in the Directorate General’s Regulation, while that after is governed in the Minister’s Regulation.

THE LEGAL CONCEPTION OF WANA COMMUNITIES OVER ENVIRONMENTAL CONSERVATION AFTER INVESTMENTS OF PALM PLANTATION EXTRACTION IN THE CENTRAL SULAWESI

Sutarman Yodo — 2024-02-27

This study is intended to identify and explain the legal concepts, attitudes and behavioral patterns over environmental conservation of the Wana indigenous peoples and to find the legal principles underlying the legal behavior patterns of the Wana indigenous peoples towards the environment. The research method used is sociological juridical which is equipped with an anthropological approach through tracing the legal facts that apply in society. In the life of the Wana indigenous people, there are social values that are used as the basis for building effective tips in environmental conservation efforts. Their close relationship with the environment and natural resources, indigenous peoples through the concept of pangale conservation which is considered not to be able to damage the environment. However, after investment in oil palm plantations obtained concessions above and around the living space of the wana indigenous people, their perceptions gradually shifted due to economic pressure and pressure as well as government policies that tend to side with the owners of capital.