Legal Validity Research Articles

Notary Position Violations Regarding the Signing of a Cooperation Agreement Deed Outside the Notary's Jurisdiction

Notaries, as public officials, are entrusted with the authority to create written evidence in the form of notarial deeds, as regulated by the Notary Position Law. This law serves as a guideline for notaries in issuing notarial deeds and performing their professional duties. This research aims to analyze the violation of professional conduct committed by a notary in signing a Cooperation Agreement Deed outside the notary's designated office area, with a focus on the Decision of the Notary Supervisory Panel Number 05/PTS/MPWN Prov. West Java/IV/2024. Additionally, it examines the considerations of the Notary Supervisory Panel in addressing such violations and their implications for the notary's responsibilities. The research employs a doctrinal approach, utilizing secondary data collected through literature and document studies. The findings indicate that the violation committed by a notary in signing a Cooperation Agreement Deed outside the notary's office area can compromise the authenticity of the deed, raising questions about its legal validity. This research has significant implications for the practice of notarial law, emphasizing the importance of adhering to the Notary Position Law to ensure the authenticity and legal enforceability of notarial deeds. The results also highlight the need for stricter oversight and clearer guidelines by supervisory panels to prevent similar violations and maintain the integrity of the notarial profession.

The Responsibilities of Notaries in Assisting the Issuance of Business Identification Numbers (NIB) for Non-Legal Entity Businesses Through Online Single Submission

The Business Identification Number (NIB) serves as the official identity for business entities and must be obtained through the Online Single Submission (OSS) system. Business actors are required to register their business entities through the OSS system to ensure legal certainty regarding business licensing. However, in practice, many business actors delegate the registration process to notaries by granting a power of attorney, despite this practice not being explicitly regulated in current laws and regulations. This study aims to analyze the legal basis and responsibilities of notaries in assisting business actors with the registration process through the OSS system. Using a doctrinal research approach, the study employs both secondary data from literature and primary data from interviews. The findings reveal that the power of attorney granted to notaries holds legal validity, making notaries responsible for tasks specified in the power of attorney, particularly in assisting with data entry in the OSS system. Notaries who fail to fulfill these duties may face administrative sanctions (e.g., written warnings), civil sanctions (e.g., compensation), or criminal sanctions. The implications of this research emphasize the need for clearer legal provisions regarding the role and responsibilities of notaries in the OSS registration process, which would enhance legal certainty and accountability in business licensing practices.

Non-Verbal Means ofCommunication: Semantics ofExtralinguistic And Paralinguistic Components ofText

This study examines the semantics of extralinguistic and paralinguistic components in non-verbal communication, particularly focusing on their role in legal linguistics and digital discourse. The research aims to analyze how non-verbal elements, specifically emoticons and emojis, function as meaningful signs in legal contexts and digital communication. The study addresses several tasks: investigating the manipulation potential of non-verbal signs in media discourse, analyzing the legal implications of emoji use in digital communication, and examining the challenges of emoji interpretation in forensic linguistics. The methodology employs a comprehensive analysis combining traditional linguistic analysis with modern forensic linguistics techniques. The study utilizes a socio-semiotic approach to analyze court documents, legal proceedings, and forensic linguistic reports where emoji interpretation plays a crucial role. The research also includes cross-platform analysis of emoji verbalization and interpretation across different cultural and linguistic contexts. The results reveal several classes of variations in emoji interpretation, including platform-dependent variations, temporal changes, and cultural differences. The study identifies significant challenges in standardizing emoji interpretation for legal purposes, particularly in cases involving contract formation, evidence verification, and criminal intent. The research also demonstrates how platform-specific differences in emoji display can affect legal interpretation and evidence validity. The study concludes that non-verbal elements in digital communication require specialized approaches in legal linguistics, highlighting the emergence of “emoji forensics” as a distinct field. These findings contribute to the development of more robust methodologies for analyzing non-verbal components in digital communication within legal contexts.

Legal Consequences of a Debt and Credit Agreement That is Formulated into a Sale and Purchase Agreement

A debt agreement is a form of agreement commonly found in financial transactions, but often discusses issues related to its implementation and legal consequences. One form of problem that often arises is when a debt agreement is formulated in the form of a sale and purchase agreement, which does not reflect the substantial reality of the transaction that occurs. This can cause legal pollution, especially when the nominal value recorded in the agreement is much larger than the amount of debt actually received by the debtor. This case often shows a discrepancy between the purpose of the agreement and its actual implementation, which can ultimately harm one of the parties. This paper aims to analyze the legal consequences arising from a debt agreement formulated into a sale and purchase agreement, focusing on the aspects of justice and the legal validity of the agreement. In this study, it will be discussed how a sale and purchase agreement that does not reflect a real transaction can potentially reveal the principle of justice and harm the parties involved, as well as enforce the law caused by the discrepancy between the contents of the agreement and the reality that occurs. This research is expected to provide an understanding of the importance of transparency, fairness, and compliance with applicable legal principles in the principles of drafting and implementing debt agreements formulated into sales and purchase agreements.

Review of the Problems and Legal Protection for Parties in the Implementation of Authentic Deeds Made Based on the Cyber Notary Concept in Indonesia

In the ever-evolving digital era, information technology has had a significant impact on various aspects of life, including in the fields of law and notary. One of the important innovations that has emerged is the concept of cyber notary, which uses digital technology in making authentic deeds, replacing conventional methods. It is hoped that cyber notary can increase efficiency, transparency, and accessibility in notary services, as well as reduce bureaucracy that often takes time and costs. However, the implementation of the cyber notary concept in Indonesia faces various complex problems. One of the main issues is the legal validity of deeds made digitally, including the recognition of electronic signatures and the process of authenticating the identities of the parties. In addition, data security and privacy protection are challenges in ensuring that information stored and transmitted digitally is not misused or hacked. On the other hand, the current regulations do not fully accommodate cyber notary practices. Legal gaps and unclear regulations create uncertainty for notaries and the parties who use their services. This reinforces the urgency to examine more deeply the need for comprehensive and adaptive legal updates to technological developments. This study focuses on the analysis of the problems in the implementation of authentic deeds based on cyber notary and legal protection for the parties involved. With a normative legal approach, this study aims to identify the main challenges and provide recommendations for policy makers and legal practitioners to improve the existing legal framework. It is hoped that the solutions found can support digital transformation in the notary sector in Indonesia, creating a more efficient, secure, and reliable system.

The Urgency of Signature Affixation on the Minutes for Persons with Physical Disabilities as Auction Buyers

This research aims to analyze the urgency and mechanisms for affixing signatures on auction minutes, particularly for individuals with physical disabilities or limb impairments (physical disabilities) acting as auction buyerss. In the context of Indonesian law, auction minutes constitute an authentic deed requiring a signature as a legal validity condition that grants it full evidentiary strength. However, individuals with limb impairments who may have physical limitations in affixing conventional signatures face challenges in fulfilling this requirement. Therefore, legal reconstruction is crucial to provide alternative valid signatures for individuals with disabilities, such as fingerprints or electronic signatures. This research employs a normative juridical method, referring to relevant legislation and a conceptual approach to analyze legal principles and justice in fulfilling the rights of persons with disabilities. The findings indicate that affixing signatures on auction minutes for individuals with limb impairments is of high urgency to ensure legal certainty and validity. The regulation of alternative valid signatures will ensure that the rights of persons with disabilities are upheld in the legal auction process. Thus, regulatory changes to provide equal access for persons with disabilities in authentic deed transactions are essential for inclusive legal justice and certainty.

Legal, Technical, and Linguistic Nuances in Patent Translation in English-Chinese Contexts: Based on an Invalidated Patent

Patent translation constitutes a highly specialized domain that necessitates a profound comprehension of both technical terminology and legal frameworks. This understanding is imperative to ensure precise technical accuracy, which is critical for maintaining the legal enforceability and scope of patents, as well as ensuring terminological consistency. The translation of patents presents multifaceted challenges requiring meticulous attention. Through a comprehensive examination of terminological consistency, legal considerations, cultural variances, and the inherent subjectivity of the translator, best practices can be identified to enhance the accuracy of patent translations. The translator's subjectivity plays a pivotal role in this process; it is not merely confined to adhering to dictionary definitions or navigating syntactical complexities. Rather, it involves a holistic and judicious interpretation of the inventor's intent, which must be effectively conveyed in the target language while simultaneously accommodating potential legal implications. This subjectivity transcends conventional principles and encompasses a broader spectrum of considerations. Furthermore, modern digital technology offers significant support in the realm of patent translation. The integration of advanced tools can facilitate the translation process, although it remains essential for translators to possess both linguistic proficiency and specialized knowledge in relevant technical fields. This dual expertise ensures that both the scientific integrity and legal validity of patent documents are preserved during translation.

Criteria of Validity

This article revisits the debate between inclusive and exclusive legal positivism, arguing that the question around which it is founded – about whether morality can function as a condition of legal validity – obscures a more basic and fundamental truth about the nature of law: that the norms composing a legal system's criteria of validity have a formal as opposed to substantive nature. Recognising this, I argue, helps to clarify some important aspects of the relationship between the ultimate norms of any legal system and its constitution. It also helps to explain away much of the debate between exclusive and inclusive positivism.

Deciphering Smart Contracts, Legal Challenges, and Opportunities in Implementing Blockchain in the Property Sector in Indonesia

This research investigates the implementation of smart contracts in the Indonesian property sector, examining the legal opportunities and challenges involved. Blockchain technology offers high transparency, efficiency, and security in property transactions, but faces regulatory and infrastructural hurdles. The aim of this research is to explore the related legal dynamics, identify socio-economic impacts, and offer sustainable solutions. The research method employed is a qualitative legal approach to gather and analyze data. The findings indicate that although blockchain can expedite transaction processes and enhance transparency, the legal validity of smart contracts and consumer protection remain major issues. Regulatory updates and increased awareness of data security are necessary to optimize the adoption of this technology in Indonesia.Keywords: Blockchain., Property law., Regulation., Smart contracts., Transparency

The Validity of Sanctions Arrangements in Regional Regulations

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.

Psychological Autopsy: A Powerful Tool in Forensic Investigations

Background: A psychological autopsy is a post-mortem investigative tool used to carry out a retrospective reconstruction of a missing subject’s life. The method includes gathering information from all the potentially involved parties, which may indicate the relevant elements directly or indirectly to trace the victim’s experience and identify personality traits, lifestyle, and interpersonal relationships. Discussion: Psychological autopsies are mainly performed during criminal investigations to identify the cause of death and the specific circumstances (natural, accidental, suicidal, or homicidal death). In addition, from an epidemiological point of view, this method aims to collect the relevant information about an individual’s behavior, circumstances, and reasons for their death to identify common risk factors to prevent new suicides. Although less frequently, this tool can also serve other purposes, such as the legal validity estimation of pre-death actions. Moreover, it may be used to assess whether mistakes have been made in treating people undergoing medical or psychological treatment. Conclusions: Currently, this methodology still has a limited diffusion on the Italian and European scenes due to the lack of standardized guidelines and substantial relevant scientific literature. It is the main factor affecting the tool’s reliability, validity, and systematic application in forensic investigations.

Viam muniunto! О возложении на частных лиц бремени содержания муниципальной собственности (прилегающих территорий общего пользования): конституционные аспекты глазами цивилиста

Modern legal orders are well aware of the principle, originating in Roman law, according to which the owner bears the burden of maintenance of his property. However, even in ancient law there were exceptions to this principle: for example, the Laws of the XII Tables imposed on the owners of land adjacent to public roads the obligation to maintain the latter. Possible exceptions to this principle — in accordance with the law or contract — are also allowed by the Civil Code of the Russian Federation. Taking advantage of this possibility, legislative bodies of constituent entities of the Russian Federation and local self-government bodies in the regional laws and local rules of improvement adopted by them have often imposed and still impose the obligation to maintain public areas on private owners of real estate adjacent to these areas. Nevertheless, until relatively recent time, the Supreme Court of the Russian Federation strictly followed the above basic principle in its practice and, relying also on the constitutional norm on the exclusive federal competence in the field of civil legislation, refused to recognise the legal validity of such norms at the regional and local level. The situation, however, changed in 2018, with the entry into force of amendments to the Town Planning Code of the Russian Federation and legislation on local self-government, by which the burden of maintenance of municipal property in question was explicitly provided for already at the federal level. The article discusses the validity and expediency of these legislative novelties, analyses the judicial practice based on them. It is concluded that they clearly contradict three fundamental constitutional principles and therefore cannot be recognised as corresponding to the Constitution of the Russian Federation.

Using "Enacted Purposes" to Interpret a Regulatory Statute

How does a regulatory agency or a reviewing court deal with the multiple “enacted purposes” that may exist in a regulatory statute? In this Article it is argued that the problem of multiple purposes can be optimally dealt with by looking at these purposes as forming an optimization problem—minimization or maximization. This novel approach requires identifying, if possible, one purpose as the primary objective and then treating the other clearly stated purposes as constraints. Depending on the issue at hand, not all constraints will be relevant. However, the primary objective will always need to be considered. Once the primary objective and applicable constraints are identified, then the result can be used to define ambiguous statutory terms such as “in the public interest.” This optimization approach is utilized in evaluating the legal validity of the Surface Transportation Board’s new rule, Reciprocal Switching for Inadequate Service. The Board regulates the freight rail industry under the authority of the Staggers Rail Act of 1980. Reciprocal switching “is an arrangement that permits an industry served by a single rail carrier to access additional rail services through a competing line haul carrier.” The validity of the new rule is currently under review by the U.S. Court of Appeals for the Seventh Circuit. The Staggers Act provides that the Board may promulgate a rule implementing prescribed reciprocal switching if it is based on the authority derived from the term “in the public interest.” Unfortunately, when determining if it was acting “in the public interest” in promulgating its new rule, the Board did not adequately take into consideration all of the Act’s enacted purposes, including the primary objective of minimizing regulation. This is an unreasonable approach, an arbitrary and capricious act, and therefore the Seventh Circuit is duty bound to vacate it. Moreover, in a post-Chevron world, even if the Board were to revise its rule so it would be considered reasonable, a reviewing court could still find that its interpretation is not correct. This is where the applying of the optimization approach will be of most value, minimizing the risk that this will happen.

Legal nature of notarial act: issues of normative regulation

In this article, the author examines the legal nature and content of a notarial act through the prism of its normative regulation. The author establishes that the legal term «notarial act» is perhaps the most commonly used in the acts of legislation on notary issues. However, despite the long-term use of this term and its indisputable importance in notarial activities, the legislator does not define it either at the constitutional level, or at the legislative level, or at the subordinate legislation level. It is determined that the features of notarial acts are a set of properties which make them distinctive and which can be used to distinguish them from a large volume of legal activities. These features include: the list of notarial acts defined by law; statutory consolidation of the subjective composition of notarial acts; indisputability of a notarial act; procedural form of a notarial act; and payment for a notarial act. The legislatively established list of notarial acts can be divided into the following types: certification of the fact of a citizen’s presence in a certain place, the identity of a citizen with the person depicted in a photograph, transfer of applications of individuals and legal entities to other individuals and legal entities; certification of transactions, the task of which is to certify their legality by a notary, verification of legal capacity; certification of indisputable facts. According to the territorial competence of the bodies authorised to perform notarial acts, they can be classified as follows: acts performed by public and private notaries; acts performed by officials and officers authorised to perform notarial acts; acts performed by officials of local self-government bodies; acts performed by consular offices and diplomatic missions of Ukraine. The indisputability of a notarial act is one of the main principles of notarial activity, which means that a notary may perform a notarial act only if: there is no dispute between the parties concerned regarding the rights and obligations arising from the notarial act; the rights and obligations of the parties concerned are based on legal grounds; and the documents submitted for the performance of the notarial act are valid. Notarial acts are performed in compliance with the procedural form. Violation of this procedure will affect the legality of the notarial act and, therefore, will be a reason for its appeal to the court, and, conversely, its non-violation will confirm the legality of the notarial act. A notarial act is a functionally structured system of procedural actions performed in accordance with the procedure established by law by an individual authorised by the state who carries out notarial activities in a state notary office, state notary archive or independent professional notarial activity, in particular, certifies rights and facts of legal significance and performs other actions provided for by the legislation on notaries in order to give them legal validity.

CONTRATOS E ASSINATURAS DIGITAIS – VALIDADE, CONFECÇÃO E JURISPRUDÊNCIA

This article presents an evolutionary analysis of contracts, from the rigidity of Roman Law to the flexibility and complexity of contractual relationships in the digital age. The research addresses the importance of the digital signature as a tool to guarantee the authenticity, integrity, and legal validity of electronic contracts. The concepts of electronic, digitized, and digital signatures are explored, as well as the Brazilian legislation that regulates this practice. The relevant Brazilian legislation, especially Law 14.063/2020, is analyzed to verify how it regulates and validates digital signatures, highlighting any gaps or challenges that may still compromise legal security. To clarify the differences between types of signatures, the text details three types: electronic, digitized, and digital, explaining the particularities of each and the authentication methods, with emphasis on the ICP-Brazil certification system. The Brazilian Public Key Infrastructure (ICP-Brasil) is detailed as a fundamental system for the security of digital transactions. In addition, the different modalities of electronic contracts, the tools available for digital signatures are discussed, including presenting free digital signature tools made available by the Brazilian government and the challenges related to the security and legal validity of these documents. It is concluded that the digital signature represents a significant advance in the formalization of contracts, providing greater security, agility, and efficiency in legal relationships.

Penggunaan Perjanjian Tidak Tertulis Dalam Hubungan Kegiatan Bisnis

Introduction: Article 1320 of the Civil Code, there is no provision requiring a written agreement as a condition for the validity of the agreement, in other words, oral agreements still have legal validity. Based on the concept of pacta sunt servanda which mandates that agreements must be obeyed. It can be seen in the case of compensation for fees for the ADB IPA procurement project between H. Mubin Raja Dewa as the plaintiff and Karlan A. Manessa in Palu City, various methods were used by the plaintiff to resolve the problem but the defendant did not show good faith.Purposes of the Research: As a result, the plaintiff filed a lawsuit demanding an unconditional refund. To find out and explain the legal consequences of using unwritten agreements in business relationships and to find out the form of responsibility of the parties for losses incurred as a result of the use of unwritten agreements in business relationships.Methods of the Research: The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach, a conceptual approach and a case approach.Results of the Research: The research results in this case, there are three forms of legal consequences, namely the emergence of a legal situation through an event which is alleged to be a legal act, the emergence of a legal relationship between two or more people and a legal entity, thirdly the emergence of sanctions if there is an action that is contrary to the law and based on the action. what has been done by Karlan A. Manessa must take individual responsibility for the violations he himself committed by paying compensation for the plaintiff's losses

Blockchain in digital notary services

The purpose of the study is to determine the future application of blockchain technology. Protection of rights, as well as legal interests of citizens and legal entities is the main postulate of notary activity. Only through the prism of this provision should one consider the possible application of blockchain technology in the notary. This includes studying the possibilities of the blockchain for verifying the authenticity of documents, automating registration actions. The relevance of the study is related to the need for modern notaries to meet the requirements of the digital world. The research is based on the application of an interdisciplinary approach, civil law and information technology, which combines the analysis of legal aspects with modern technological research. To study legislative aspects, methods of comparative analysis and synthesis were used, which includes an analysis of the legislation of Ukraine and other countries. The empirical method consists in researching existing examples of implementation of blockchain projects in EU and US notary offices. Analysis and modeling were carried out taking into account the architecture of blockchain networks, their capabilities in terms of information protection, authentication and legal validity of digital records. The study found that blockchain technology has significant potential for the notary industry due to its decentralized nature and high level of data protection. It has been established that the implementation of the blockchain allows for the creation of a reliable database for recording notarial actions, ensuring the impossibility of forgery or loss of information. The results of the study confirmed the possibility of using blockchain for digital recording of documents and automation of notarial procedures, which allows to reduce time costs and the risk of human errors. The experience of countries that have already implemented blockchain in the notary office indicates an increase in the level of trust in notary services and a reduction in bureaucratic procedures. The application of blockchain in the notarial sphere can fundamentally change the mechanisms of notarial actions, increasing security, convenience and speed of service. The use of decentralized networks ensures the reliability of data, which makes it impossible to forge them and makes procedures transparent. However, for the full implementation of such decisions, it is necessary to create an appropriate regulatory framework, adapt Ukrainian legislation and ensure the training of specialists for work in the conditions of digital notary.

Legal Validity with Artificial Intelligence Technology on Gpt Chat as Legal Aid

The use of Artificial Intelligence (AI) technology, such as ChatGPT, in providing legal assistance in Indonesia presents new potential for improving accessibility and efficiency. However, there remains uncertainty regarding the legal liability for errors that may occur in the legal advice provided by AI. This study aims to explore the legal validity of using AI in providing legal aid and to examine how legal liability may be attributed to service providers if mistakes occur. By reviewing Law No. 18 of 2003 on Advocates, Law No. 8 of 1999 on Consumer Protection, and Law No. 27 of 2022 on Personal Data Protection, this study highlights the importance of specific regulations to ensure that AI use in legal assistance adheres to legal and ethical standards. Additionally, the study discusses legal protection for AI service users, particularly regarding personal data security and consumer rights. The conclusion emphasizes the need for a clear regulatory framework to ensure that AI use in the legal field provides optimal benefits without compromising security and legal certainty for users.

Time of Signing: Legal Requirements and Technical Options for Hand-written and Electronic Signatures

The article examines the legal and technical aspects of determining the time of signing for both hand-written and electronic signatures. Of particular relevance in light of the widespread utilisation of electronic signatures in Estonia, involving both government-issued and private-sector e-signatures, it explores how signatures are linked to the time of transactions and whether the time of signing affects the validity of signatures under Estonian and European Union law. The paper discusses the general principle of freedom of form in transactions, highlighting the formal requirements imposed by law for certain transactions and wills, with special focus on comparing the traditional analogue world with the digital environment. Additionally, a review of recent amendments to the eIDAS Regulation examines their impact on the union’s electronic-signature ecosystem. Discussion addresses technical challenges also, with specific regard to linking a signature to the time of the transaction and the legal implications of timestamping in the domain of electronic signatures. For broader context, the insight is informed by comparison with Norway, another member of the European Economic Area. The research reported upon contributes to awareness of the importance of understanding both the legislative framework and technical practices involved in identifying the time of signing for ensuring the legal validity and reliability of electronic signatures.

A Legal Examination of Stabilization Clauses in Petroleum Contracts in Cameroon

This study aims to explore the legal examination of stabilization clauses in petroleum contracts in Cameroon. Stabilization clauses forms one of the pillars in protecting the interest of foreign investors in petroleum contractual arrangements. These clauses act as a shield to investors as they protect oil companies from the modification attempts in the agreement by host countries by subsequent legislative changes. Their legal validity in the Cameroonian petroleum industry has been guaranteed by the Petroleum Law of the country. However, the findings of this research reveals that the applicability of these clauses remains questionable as the Cameroonian government can implement nationalization and expropriation based on public utility, security or national interest, with suitable compensation. Furthermore, the Cameroonian government can introduce new legislative or regulatory changes in the petroleum contracts, the terms of which must be agreed by both sides and if an agreement is not reached, the matter can be resolved through arbitration.