Jurnal Hukum Prasada

Electronic Storage Of Notary Protocols Based On A Cloud Computing System In The Cyber Notary Concept

Agung Iriantoro — 2024-10-01

The manual storage of notary protocols poses various risks such as damage due to unforeseen events, degradation from chemical influences, destruction by rodents or insects, dispersal, loss, and physical harm. It is crucial for notaries to embrace modern technology for storing notary protocols electronically, particularly through the use of Cloud Computing Systems. According to Article 1 number 13 of the Notary Act, notary protocols are considered state archives that notaries are responsible for preserving in compliance with relevant legal regulations. Therefore, the management of notary protocols should adhere to the Archives Law and Government Regulation Number 28 of 2012. The Notary Protocol, considered a dynamic archive of vital importance, should have the capability to be transformed into electronic documents. As stated in Article 48 and Article 49 paragraph (1) of Government Regulation Number 28 of 2012, the transfer of dynamic archive media is permissible, and such transfer can take any form in line with technological advancements and information regulations. The adoption of a Cloud Computing System for the electronic storage of Notary Protocols reflects the progress in technology and information. The concept of Idea cyber notary involves using technological advancements to enable notaries to perform their notarial responsibilities. Notaries, acting as data controllers and processors for their clients' personal data, have the responsibility to gather, store, and handle such information. In legal terms, notaries can be held accountable for mishandling personal data.

Legal Policy Regarding Criminal Actions of Narcotics Trafficking Involving Children

Dani Harianto — 2024-10-01

Distribution case narcotics involved child the more increase along development technology and convenience access facility general. Involvement children in narcotics distribution is problem seriously threatening generation successor nation. The perpetrator's son is often entangled in the network distribution adult narcotics so that potential become victims of exploitation. Although accordingly, the Law Number 35 of 2009 concerning Narcotics No differentiate in a way special age perpetrator dealer narcotics. Criminal law approach should be more directed at effort rehabilitation child than condemnation, remembering child perpetrator tend become a victim. Therefore, that country through government and society is obliged to protect children involved in the act of criminal narcotics distribution.

The The Sustainable Development Paradigm through Carbon Tax Legal Construction

I Putu Gede Parwata — 2024-10-01

The purpose of this research is to answer legal issues related to the implications of the legal vacuum in the procedures for implementing a carbon tax and the formulation of fulfilling future a carbon tax obligations to provide certainty in the continuation of sustainable development. The legal research method used is normative juridical with a conceptual and statutory approach. The research results confirm that the implications of the legal vacuum in the procedures for implementing a carbon tax are related to threats to the sustainability of sustainable development. The threat in question is closely related to environmental damage due to significant climate change in the form of global warming and greenhouse emissions. The formulation of future a carbon tax regulations refers to the analogous legal construction method, namely regulating a carbon tax as well as a land and building tax and a value-added tax which emphasizes the importance of the state's role in regulating the behavior of business actors toward green economic activities that are lower in carbon. Apart from that, the role of the state, especially in mitigating climate change due to greenhouse emissions, requires financing expenditure. A carbon tax provides an opportunity to increase sources of state revenue and change the behavior of business actors to be more environmentally friendly.

Protection of Human Rights by Law Enforcement Officers Against the Actions of Armed Criminal Groups (KKB) in Papua

I Nyoman Sucitrawan — 2024-10-01

A terrorist group called the Papuan Armed Criminal Group (KKB) located in Papua Province. KKB was formerly known as the Free Papua Organization (OPM) which was founded in 1965 with the aim of breaking away from Indonesia (committing separatist acts) and making various efforts to conduct a referendum in order to become independent from the Unitary State of the Republic of Indonesia. This Normative Legal Research Method is an internal research in the discipline of law that uses sources of legal material in the form of laws and regulations, court decisions / decrees, contract agreements, contracts, legal theories and opinions of scholars. The 1945 Constitution and humanitarian law also accommodate the protection of civilians in conflict areas. This basic principle upholds the basic principle of respect for individuals, as well as the protection of human rights victims. The Special Autonomy Law is considered a strategic policy in order to improve services, accelerate, develop, and empower all people in the Papua region. One of the obligations that must be fulfilled by the State is the protection of every citizen. Indonesia as a country that upholds human rights should protect all its citizens, not only fulfilling obligations, the state has also fulfilled the human rights of its citizens. The government has adopted several policies, one of which is Law Number 21 of 2001 concerning Special Autonomy for Papua, also known as Otsus Papua.

Analysis of Legal Protection of Investors in Capital Markets: Perspective of Law No. 8 of 1995, Law No. 21 of 2011, and Law No. 11 Year 2020

Made Sinta Syaharani Sujana — 2024-10-01

Legal protection is a key element in strengthening aspects of law enforcement in a country, including in the economic and legal fields. This protection involves the interests of investors, for which investment law in a country must include regulations to protect investors and their invested capital. This research examines the legal protection of investors in the Indonesian capital market with reference to Law No. 8 of 1995 concerning the Capital Market, Law No. 21 of 2011 concerning the Financial Services Authority (OJK), and Law No. 11 of 2020 concerning Job Creation. The research method used is normative juridical with a statute approach and conceptual approach. The problem formulations in this study are: (1) How is the effectiveness of legal protection for investors based on the provisions of Law No. 8 of 1995 and Law No. 21 of 2011? (2) What significant changes does Law No. 11 of 2020 bring to the investor protection mechanism and its impact? This study found that Law No. 8 of 1995 and Law No. 21 of 2011 have provided a comprehensive legal framework for investor protection, but Law No. 11 of 2020 brought a number of changes that affect capital market regulation and investor protection. These changes, including regulatory adjustments and strengthened supervision, are expected to improve investor protection. This research emphasizes the importance of consistent implementation and effective law enforcement to achieve the goal of optimal legal protection.

Utilization of Conservation Forest Areas in Taman Wisata Alam Gunung Batur Bukit Payang in The Perspective of Natural Tourism Entrepreneurship Permits

I Gusti Bagus Sudiantara — 2024-10-01

BKSDA Bali faces problems in the development of natural tourism in Taman Wisata Alam Gunung Batur Bukit Payang (TWA GBBP), namely the business of providing natural tourism facilities (hot springs) without permission by Batur Customary Village. The hot spring has been managed since 1986 and developed into Batur Natural Hot Spring in 2007. The issues discussed in this study are: (1) How is the licensing process for the use of conservation forest areas in the development of natural tourism in Taman Wisata Alam Gunung Batur Bukit Payang? (2) What is the model of community-based natural tourism development in Taman Wisata Alam Gunung Batur Bukit Payang? The methods used in this study are a type of empirical legal research, using the approach of legislation, the historical juridical approach and the legal sociology approach. Based on the results of the analysis, it can be concluded that the process of licensing the utilization of the area in TWA GBBP is based on: (1) Inventory of regional potential, (2) Arrangement of the area into the management block, set on February 11, 2016, (3) The design of natural tourism sites on the utilization block, set on June 4, 2018, (4) The preparation of the management plan (RPJP) of KPHK Kintamani was set for April 15, 2019. Taman Wisata Alam Gunung Batur Bukit Payang is eligible for natural tourism business licensing in the form of IUPJWA / PB-PJWA and IUPSWA / PB-PSWA. There are three models of community-based natural tourism development in Taman Wisata Alam Gunung Batur Bukit Payang, namely: (1) Hot Spring Tourism (Batur Natural Hot Spring) developed by Batur Customary Village and accommodated through cooperation with PT. Tanaya Pesona Batur through IUPSWA commitment, (2) Camping Tourism developed by Pokdarwis Ampupu Kembar, (3) Mount Batur Climbing Tour developed by FP3GB through the provision of IUPJWA.

Ambiguity After the Constitutional Court Decision Number 90/PUU-XXI/2023 Regarding the Presidential Election

Indro Budiono — 2024-10-01

The study investigates the ambiguity arising from the Constitutional Court's Decision No. 90/PUU-XXI/2023 concerning the presidential election in Indonesia. This decision, which pertains to Article 169 (q) of Law No. 7 of 2017 on General Elections, mandates a minimum age of 40 years for presidential and vice-presidential candidates. The research employs a qualitative design, analyzing legal texts and court decisions, and includes data from political parties and legal experts. The primary analytic strategy involves examining the implications of the Constitutional Court's decision on the political landscape and the legal framework governing elections. The findings indicate that the decision has led to significant confusion among political parties regarding the nomination of candidates who do not meet the minimum age requirement but have held public office. This ambiguity has highlighted the need for clearer legal provisions and interpretations to ensure fair and just elections. The study underscores the importance of the Constitutional Court's role in upholding substantive justice over formal legal requirements, emphasizing the principles of independence and impartiality. The main implications of this research suggest the necessity for consistent efforts to align legal products with fundamental political principles, ensuring a balance of power and prioritizing substantive justice. This is essential for establishing a good and democratic governance structure. The study also identifies the critical role of legal politics in shaping and implementing laws that reflect justice, common interests, and morality, advocating for systematic efforts to maintain the morality of politicians, state officials, and society as a whole.

Application of Sanctions for Violations of Mandatory Reporting of Beneficial Owners in Limited Liability Companies

Victoria Tabita Majesty Lamada — 2024-10-01

This research explores the concept and regulatory framework of Beneficial Owners in Indonesia's corporate governance, focusing on Limited Liability Companies. Beneficial Owners, distinct from registered shareholders, hold significant economic interests in corporations while their identities may not be publicly disclosed. The study traces the historical evolution of the Beneficial Owner concept from medieval proxy arrangements to modern corporate structures. It examines legal instruments such as Presidential Regulation Number 13 of 2018 and Minister of Law and Human Rights Regulation Number 15 of 2019, which mandate transparency in disclosing Beneficial Owners to prevent Money Laundering and Terrorism Financing. However, in reality, there is no specific law that regulates Beneficial Owners, so it is necessary to refer to the considerations for the formation of Presidential Regulation 13/2018 and the Regulation of the Minister of Law and Human Rights 15/2019. Despite regulatory advancements, compliance remains a challenge, with significant proportions of corporations failing to report Beneficial Owners annually. Sanctions, including administrative penalties and criminal liabilities under Indonesian laws, underscore the importance of enforcement to ensure transparency and accountability in corporate governance. The research highlights global implications, emphasizing the role of transparency in combating international financial crimes and promoting ethical business practices worldwide.