ORIGINAL RESEARCH ARTICLE | May 7, 2024
Legal Reconstruction of Electronic Storage for Notarial Deeds Minute Based on the Value of Justice
Lydia Amelia, Gunarto, Anis Mashdurohatun
Page no 167-172 |
DOI: 10.36348/sijlcj.2024.v07i05.001
The objectives of this research are to analyze and find weaknesses in the current regulations for storing notarial deed minutes and to find a reconstruction of regulations on the legality of electronically storing minutes of notarial deeds based on the value of justice in a constructivism paradigm with a social legal research approach method to solve research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where The data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Research results show that the Weaknesses consist of (a) Legal structure where there are no communication and informatics experts which means electronic storage of certificate minutes cannot be implemented (b) Legal substance including unclear norms in UUJN Article 15 paragraph (3) UUJN, Unclear norms in UUJN no. 2 of 2014 Article 1 number 13. Weaknesses in proving Article 1868 of the Civil Code. (c) Legal Culture, namely the difficulty for senior notaries to understand new technology and tend to stick with old technology. Therefore, the reconstruction of Pancasila values in the electronic storage of deed minutes creates an electronic notary system because it can create a product that is more accurate, relevant, economical, trustworthy, faster, and more practical. Reconstruction of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 1 number 7 so that the Minutes of Deed are the original Deed containing the signatures of the presenters, witnesses, and Notary, which are stored in paper form and/or in the form of an electronic document as part of the Notary Protocol. Article 16 paragraph (1) letter b becomes (1) In carrying out his office, a Notary is obliged to: b. make deeds in the form of deed minutes and/or deed e-minutes and save them as part of the Notary's protocol.
ORIGINAL RESEARCH ARTICLE | May 7, 2024
Legal Reconstruction of Reasons for Divorce in Islamic Marriage Law in Indonesia Based on Justice Values
Ahmad Fauzi, Gunarto, Anis Mashdurohatun
Page no 173-178 |
DOI: 10.36348/sijlcj.2024.v07i05.002
This research aims to analyze and find the weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia currently and to reconstruct the regulations for reasons for divorce in Islamic marriage law in Indonesia based on the value of justice using a constructivist paradigm with a socio-legal research approach method by examining secondary data and primary data by finding legal realities experienced in the field as well as a qualitative descriptive method, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The results of the research shows that the Weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia consist of: a). Legal Substance where Article 19 letter (f) Government Regulation Number 9 of 1975 and Article 116 letter (f) b). The Legal Structure consists of the weaknesses of the judge and the Weaknesses of the Mediator c). The legal culture where the husband's actions are super powerful, the increasing number of media broadcasting or presenting divorce issues, a cultural shift that exists where divorce is not considered taboo in society. Therefore, The reconstruction of the regulation of reasons for divorce in Islamic marriage law in Indonesia based on the value of justice consists of a value reconstruction where improvements are made to Article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) of the Compilation of Islamic Law so that continuous disputes as a reason for divorce can be in line with the objectives of Islamic sharia (maqashid syari'ah) being implemented. Reconstructing norms regarding Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) Compilation of Islamic Law and Point C of Supreme Court Circular Letter Number 3 of 2023 by adding norms for divorce cases based on continuous disputes and quarrels can be granted if it is proven that the husband and wife have continuous disputes and quarrels which results in damage to religion, soul, reason, lineage and property which causes disharmony in the household.