The objective of this study is to determine the opportunities, constraints and strength of evidence of notarial deed in the perspective of Cyber Notary in Indonesia. This study applies a normative juridical method using a conceptual and statute approaches. The results of the study found that a) the opportunity to implement Cyber Notary based on Law on Notary Position Amendment and Law on Information and Electronic Transactions turned out to face obstacles that actually originated from the provisions of the Law itself. This mainly concerns the procedure for the formality of notarial deed making whose form must be in accordance with the provisions of the Law (Law on Notary Position Amendment, Law on Information and Electronic Transactions, and Civil Code). It also concerns the obligation and necessity to hold face-to-face interactions between notary and appearer, to read the deed before the appearers who are at least attended by 2 (two) witnesses, and to sign the deed directly before a notary and appearer and b) the strength of evidence of deed resulting from this Cyber Notary product does not have perfect evidence like an authentic deed. Violations of the provisions of the Law (Law on Notary Position Amendment and Civil Code) resulted in the degradation of the value of evidence of the deed; i.e. it becomes equivalent to private deed. However, the implementation of Cyber Notary is certainly possible by making changes to the relevant legal regulations and the development of supporting infrastructure and adequate electronic systems.
Background: The outbreak of coronavirus disease 2019 (COVID-19) has caused Indonesia to take several actions and strategies in controlling the spread of infection. Padang is one of the cities in West Sumatera, Indonesia that has the highest number of COVID-19 cases. The usage of technology as a tool to minimize contact with infection in dental health care has been proven effective. However, teledentistry as an implementation of this technology is often hampered by legal issues, especially in data security. Aim: The purpose of this study is to determine dental practitioners' understanding of legal elements of teledentistry in Padang, West Sumatera, Indonesia. Methodology: An electronic questionnaire survey with 10 questions was developed by Google Forms, validated, and distributed electronically by zoom to 168 dental practitioners before and after the intervention. Statistical Analysis: Collected data were analyzed for statistical significance by using SPSS software (Version 16.0). . Result: There is a lack of prior knowledge of teledentistry in legal aspects among dental practitioners. A significant level of percentage of participants’ knowledge regarding the teledentistry legal aspects has increased after the intervention. Conclusion: The majority of the respondents in this survey lacked adequate information and understanding of the legal aspects of teledentistry. Seminars and training are needed to increase dental practitioners’ knowledge of the legal issue in teledentistry.
Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.
The existence of sovereign rights in the North Natuna Sea has begun to be disturbed since China's claim of traditional fishing rights was strengthened by the nine-dash line claim. This claim includes the North Natuna Sea area into China's territorial sea, which makes this area a conflict area. The problem in this research is the existence of traditional fishing ground rights in UNCLOS III 1982 and the impact of the nine-dash line claim on Indonesia's sovereign rights in the conflict area of ??the North Natuna Sea. This study uses a normative legal research method with a statutory and conceptual approach. The results of the study explained that the 1982 UNCLOS III did not regulate traditional fishing ground, and the impact of the nine-dash line claim is very significant, as can be seen from the activities of Chinese fishers in the North Natuna Sea, which are supported by Chinese coast guard vessels, which have disrupted Indonesia's enjoyment of its sovereign rights. Thus, it can be concluded that the traditional fishing ground rights with the nine-dash line claim are not based on international law but are only based on China's unilateral claims and create conflicts that impact Indonesia.
Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.
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