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.
REVIEW ARTICLE | May 21, 2024
The Regulation of Index-Based Agricultural Insurance Products as a Risk Management Tool for Small Holder Farmers in Cameroon
Tatamiyih Seidou Nyinewoh, Prof Mbifi Richard, Dr. Fon Fielding Forsuh
Page no 179-189 |
DOI: 10.36348/sijlcj.2024.v07i05.003
The regulation of index based agricultural insurance for small holder farmers in Cameroon are as a result of the risk they are exposed to like weather variability and related risks associated with their activities especially droughts, floods, pests and input costs and more importantly the limits of indemnity based agricultural insurance. Like any other poor and low income farmers with small land holdings their risk exposures can only be managed through good laws especially with the use of index insurance as a risk management tool. This article examines the CIMA Code as a regulatory instrument for agricultural insurance as far as small holder farmers are concerned. Book VII of the CIMA Code introduced microisurance in 2012 as a panacea to indemnity insurance which enabled the codification and development of index insurance by member states. The implementation of Index-based agricultural insurance faces considerable challenges that must be overcome to effectively service farmers in remote areas in a country like Cameroon. These challenges includes amongst others: regulatory insufficiency, limited historical rainfall and crop yield data, information on livestock mortality and limited infrastructures just to mention a few. It is recommended inter-alia that these aforementioned could be addressed through codification, infrastructural developments, inclusion of non-farming activities like banking and micro finance institutions amongst others.
ORIGINAL RESEARCH ARTICLE | May 24, 2024
The Policy of Combating Trafficking in Persons: Assessing the Global Political and the Current Economic Development
Roycke Harry Langie
Page no 190-195 |
DOI: 10.36348/sijlcj.2024.v07i05.004
Trafficking in Persons is unarguably one of the largest crime industries in the 21st century that demand a concrete and comprehensive legal policy approach. However, as it turns out into practice, trafficking in persons is a low-risk, high-reward form of crime. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results showed that the Indonesian National Police's resource support in eradicating the Crime of Trafficking in Persons is currently still inadequate in terms of human resources, budget support, and facilities and infrastructure support. Anticipating the impact of low economic growth in Indonesia and limited employment opportunities in the country resulting in many Indonesians being forced to work abroad. The ideal model (role model) offered is measured based on the establishment of reciprocal cooperative relations between countries will become easier and smoother to support the success of eradicating the crime of trafficking in persons. Realizing the acceleration of settlement times for cross-border Criminal Trafficking in Persons cases. Realizing increased communication and exchange of information related which is useful in preventing and enforcing the law, as well as resolving problems between countries.