Acta Law Journal

Exploring the Potential of the Cyber Notary Concept in the Framework of International Transaction Settlement

2024-11-28T08:59:59+07:00

This article examines the potential of Cyber Notary in facilitating international transactions and the legal challenges involved. With increasing demand for swift and secure cross-border transactions, technologies like digital signatures and blockchain offer innovative solutions for faster document validation. Successful implementations of Remote Online Notarization (RON) in the United States and the eIDAS standard in Europe highlight their effectiveness in enhancing efficiency. In Indonesia, challenges such as regulatory inconsistencies, limited public trust in digital documents, and cybersecurity issues hinder adoption. While the Electronic Information and Transactions Law provides a legal basis for electronic documents, achieving international recognition remains a significant hurdle. This research uses a normative legal methodology with a comparative approach, analyzing Cyber Notary practices in different jurisdictions to uncover opportunities and obstacles. Strengthening regulations, improving digital infrastructure, and increasing public awareness are critical steps to realize Cyber Notary’s potential. If successfully implemented, Cyber Notary can facilitate efficient, secure, and legally recognized international transactions, advancing Indonesia’s role in the global digital economy.

Mission-Oriented Policy for a Greener Nickel Industry in Indonesia: Challenges and Pathways

2024-12-27T10:24:42+07:00

This article explores policy strategies necessary to promote a sustainable and eco-friendly nickel mining industry in Indonesia, especially as it relates to the electric vehicle (EV) sector. With Indonesia's substantial nickel reserves, demand is expected to rise sharply, driven by the global shift to EVs. However, nickel production is a significant contributor to greenhouse gas emissions, with one kilogram of nickel generating approximately 13 kilograms of COâ‚‚. By 2035, Indonesia's demand for nickel for EV batteries alone could lead to 773 thousand tons of COâ‚‚ emissions. This paper aims to assess green-oriented policies that could mitigate these impacts, drawing on Mariana Mazzucatoâ€™s Mission-Oriented Policies as a strategic framework. The methodology used includes literature review and case study analysis of successful policies in other countries, such as renewable energy integration in mining and efficient recycling methods. Three primary strategies are examined: improving energy efficiency, incorporating renewable energy, and sustainable recycling. Findings indicate that these policies could foster sustainable growth, reduce emissions, and align with Indonesia's green economy goals. This paper concludes that implementing a mission-oriented, environmentally sustainable approach could pave the way for a greener, more resilient nickel industry.

The Executory Authority of Constitutional Court Decisions in the 2024 Local Head Election

2024-12-27T12:11:01+07:00

Indonesia views Local Head Elections as a vital expression of people's sovereignty in its democratic system. The Constitutional Court ensures the fairness of democracy through rulings on these elections. This study examines the executory authority of the Constitutional Court's decisions regarding Local Head Elections in 2024, focusing on Decisions No. 60/PUU-XXII/2024, 70/PUU-XXII/2024, and 126/PUU-XXII/2024. Using a normative legal approach, the research analyzes laws and concepts related to these elections, with data qualitatively analyzed and presented narratively. The findings highlight that the Constitutional Court’s final and binding decisions enhance legal certainty and improve the electoral system, thereby strengthening Indonesia’s democracy. These rulings take immediate effect without requiring an executive body and must be respected by all state institutions, reflecting the principle of checks and balances in governance. Effective implementation requires cooperation among state institutions, with the legislative and executive branches expected to follow up on the rulings through lawmaking. The General Election Commission plays a critical role in organizing elections based on these laws. As a rule-of-law state, adherence to the law by all institutions is essential to achieving a just and improved democratic system.

Optimizing Aceh’s Traditional Institutions to Provide Legal Protection for Children in Legal Conflict

2025-01-08T10:59:54+07:00

Children as the next generation of our nation, play a crucial role in the development and sustainability of a country. Society aspires to have children who are healthy, intelligent, cheerful, and assured of their survival and growth. However, the social reality often tells a different story, as many children must navigate the legal system for various reasons. Law Number 11 of 2012, concerning the Juvenile Criminal Justice System, introduces the concept of diversion. This concept aims to protect Children in Legal Conflict by shifting the resolution of their cases from the judicial process to an alternative process outside the criminal justice system. In this juvenile justice framework, Traditional Institutions also play an essential role. The involvement of community leaders in the implementation of the diversion agreement demonstrates that "traditional law" is still recognized and applicable in resolving children's cases. Based on this context, the study formulates the following questions: Why do Children in Legal conflicts have the right to protection? And how Optimizing Aceh’s Traditional Institutions can Provide Legal Protection for Children in Legal Conflict? The purpose of this study is to raise awareness and understanding of the significance of providing protection to Children in Legal Conflict while enhancing the role of Traditional Institutions in this legal protection. This research is categorized as normative legal research, utilizing secondary data obtained from legal materials. Data collection techniques include library research with qualitative data analysis. The findings reveal that children in legal conflict have the right to protection because Indonesia's ratification of the Convention on the Rights of the Child mandates it. This international commitment underscores key principles such as the best interests of the child, non-discrimination, survival and development, and respect for the child's participation, which must be prioritized in ensuring their protection. In this regard, the Aceh’s Traditional Institution plays a vital role in realizing this legal protection by resolving cases with an emphasis on deliberation. Therefore, optimizing the function of the Aceh’s Traditional Institution is necessary to achieve effective legal protection for children in conflict with the law.

Legal Analysis Of Rights Related To Copyright (Neighbouring Rights) On Moral Rights And Economic Rights In Rebroadcasting The 2022 World Cup Aired By Television Stations In Indonesia

2025-01-08T10:36:42+07:00

Neighbouring Rights are exclusive right within copyrigtht law, pertaining to Performers Phonogram Producers, and Broadcasting Institutions. Broadcasting Institutions, as organizers of broadcasts, require broadcasting rights – permits mandatory for broadcasters. Indonesian television stations, in their broadcasting activities, possess both Moral Rights and Economic Rights. Moral Rights are inalienable rights inherent to the creator, while Economic Rights concern the economic exploitation of the creation. This research employs a normative library research methodology, focusing on collecting secondary data from primary, and tertiary legal sources. The regulation of international television broadcasting in Indonesia is governed by licensing procedures and legal provisions. Regarding Moral and Economic Rights in Indonesian television broadcasting, these encompass the right to broadcast, authorize others, or prohibit rebroadcasting, broadcast communication, fixation, and reproduction of broadcast fixations. These rights are intrinsically linked to the creator. The Legal Analysis of Related Rights (Neighbouring Rights) concerning Moral and Economic Rights of the 2022 World Cup rebroadcasts by Indonesian television stations involves obtaining prior authorization from the Indonesian Broadcasting Commission before commencing broadcasting activities. Monitoring and supervision of World Cup broadcasts in Indonesia are conducted by the Directorate General of Intellectual Property under the Ministry of Law and Human Rights.