I Made Pria Dharsana’s research while affiliated with Warmadewa University and other places

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Publications (26)


Annulment of Marriage Due to Identity Fraud Based on the Marriage Law and the Compilation of Islamic Law
  • Article
  • Full-text available

January 2025

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23 Reads

Asian Journal of Engineering Social and Health

Feralda Mulqiatama

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I Made Pria Dharsana

Marriage is a physical and spiritual bond between a man and a woman as husband and wife to establish a happy and everlasting family based on belief in God Almighty. In practice, marriage must fulfill the prescribed formal and material requirements. If these requirements are not met, the marriage can be annulled, leading to various legal consequences. This research aims to analyze the legal impacts of marriage annulment due to identity fraud based on the Marriage Law and the Compilation of Islamic Law. The research method employed is normative juridical with a doctrinal approach, utilizing secondary data from document studies and case analysis. The results indicate that marriages conducted with identity fraud are declared null and void by a court decision, rendering the marriage as though it never existed. This decision affects joint property and the legal status of children born from such marriages. This research has implications for strengthening legal regulations to prevent identity fraud in marriages and raising public awareness of the importance of validating marriage documents.

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Nominee Arrangement in the Practice of Land Sale and Purchase in Indonesia

December 2024

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12 Reads

Protection Journal Of Land And Environmental Law

The practice of nominee agreements has occurred in Indonesia repeatedly; the agreement uses the power of attorney where the agreement uses the name of an Indonesian citizen to transfer power of attorney to a foreign citizen. A Nominee Agreement made by two parties, namely between an Indonesian citizen and a foreign citizen as the attorney (Nominee), is made through an agreement package to provide all authority that may arise in the legal relationship between a person and his land to a foreign party as a person who is given the power to act as the actual owner. The agreement borrows the name of an Indonesian citizen as the Nominee, and this is a legal smuggling because its substance is contrary to Article 21 paragraph (1) and Article 26 paragraph (2) of Law Number 5 of 1960 concerning the UUPA. In addition, the existence of a loan agreement in the name must be based on the terms and principles of freedom of contract as stipulated in Article 1320 and Article 1338 Paragraph (1) of the Civil Code. For this reason, an objective and comprehensive attitude and understanding are needed from the NotaryNotary in assessing the contents of the land sale and purchase agreement, primarily related to the one-sided agreement. In reality, in the author's opinion, nominee agreements do not comply with the positive law in force in Indonesia because the purpose of this agreement contains elements of bad ethics.


The Legitimacy of Authentic Deeds Read by a Notary via Teleconference

Journal of Political And Legal Sovereignty

Purpose:A notary is a public official who must provide services to the community; it is desired to be included in responding to the progress of the times, especially those related to the use of technology through teleconferences. Teleconference is a human association or association that is carried out at a far radius using electronic means.Methodology:The type of research used is normative legal research. The object under study is legal norms, namely related to norms contained in article 16 paragraph (1) letter (m) UUJN-P confirms that a notary must be physically present and sign the deed in the presence of appearers and witnesses. In fact, with technological advances that are very supportive, appearers and witnesses may not be physically present, for example, by holding a teleconference.Findings:The results of this study are that the formality of an authentic deed read by a Notary via teleconference media via video is valid and must have completed parameters related to evidence so that the norm of proof is explained, namely that a proof given at trial is valid as evidence, fulfilling all formal and material aspects.Implication:Regarding the deed that is permitted to use video conferencing media in the form of a general meeting of shareholders (GMS), where the parties are not required to be present at the preparation of the deed, it is enough to be replaced by someone to come to the notary. The signing of the deed in this era of digitalization has yet to have full proof.


The Substitute Notary's Responsibility for the Deed He Made

April 2024

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4 Reads

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1 Citation

Journal of Political And Legal Sovereignty

Purpose: A Substitute Notary is temporarily appointed as a Notary to replace a Notary who is on leave or sick. In Article 65 of the UUJNP, there is no explanation regarding the limits of the Substitute Notary's liability after his/her term ends. It is illogical because the limits of the Substitute Notary's authority end when the limits stated in his/her decision letter have expired, and he/she must still be responsible until his/her last breath.Methodology:The author uses a normative legal research method, legislative approach, legal concept analysis, case approach and comparative approach. The author's legal sources use primary and secondary law and tertiary legal materials. The legal collection technique uses document study techniques and recording.Findings: The responsibilities of a substitute notary can be divided into 4, namely: (1) Civil Liability of a Substitute Notary, (2) Criminal Liability of a Substitute Notary, and (3) Administrative Liability of a Substitute Notary. Legal protection for a substitute notary can be divided into 2: preventive legal protection and repressive protection.Implication:The responsibility of the Substitute Notary is only in the formal form of the authentic deed as stipulated in the law, so the Notary is not responsible for the contents of the deed. When carrying out their duties, a substitute notary will receive legal protection, including preventive legal protection to prevent disputes from occurring and repressive protection to resolve disputes that have already occurred. It is outlined in Article 66 of the UUJNP as a form of settlement effort if the notary is questioned.


The Role Of A Notary In Preventing Money Laundering

December 2023

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105 Reads

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2 Citations

Pena Justisia Media Komunikasi dan Kajian Hukum

em>The Notary's participation in preventing money laundering is to report to PPATK when they know of suspicious financial transactions related to the deed they made. The Notary's position as a whistleblower in the event of suspected suspicious financial transactions as an effort to prevent money laundering has not violated the principle of confidentiality of position. Instead, the Notary must apply the precautionary principle. Notary as the reporting party is an implementation of its obligations stipulated in Article 16 paragraph (1) point an of UUJN, namely acting trustfully and honestly. The State appoints notaries to serve the public in civil Law. Therefore Notaries must also take care not to let the State be harmed by attempts to disguise money from criminal acts. Notaries with this submit to higher interests. This is so that Notaries do not get involved in money laundering cases because they are considered to help carry out a criminal act</em


Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith

June 2023

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1 Read

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1 Citation

Pena Justisia Media Komunikasi dan Kajian Hukum

p> The Business Judgement Rule is a doctrine that protects Directors in good faith for the Company's losses. The point is that as long as the Board of Directors acts in good faith and solely for the Company's benefit. However, it turns out that the Company still suffers losses. It does not necessarily become the burden of the Board of Directors personal responsibility. Therefore, the Board of Directors cannot be held responsible for the Company's losses if the Board of Directors, in carrying out actions, has fulfilled all its obligations with the principles of good corporate Governance (GCG). If all GCG obligations and principles have been fulfilled, the Board of Directors is categorized as having good faith and cannot be declared wrong. The results of the author's study, in the context of the Business Judgment Rule Doctrine, the losses incurred are normal or reasonable business losses, and therefore the Company is responsible. And no one can be punished if there is no mistake. With the background of the Constitutional Court Decision Number 0 1/PHPUPres/XVII/2 0 19 (Constitutional Court Decision 0 1) and two Supreme Court Decisions, the author tries to examine in more detail related to Decision No. 3849/K/Pid.Sus/2 0 19 dated December 2, 2 0 19, on behalf of Defendant Frederick ST Siahaan (former Finance Director of Pertamina) / (Supreme Court Decision 3849) and Decision No. 121K/Pid.Sus/2 0 2 0 dated March 9, 2 020 , on behalf of Defendant Karen Agustiawan (former President Director of Pertamina) . </p


LEGAL PROTECTION OF OWNERSHIP OF FLATS UNITS AGAINST FOREIGN NATIONALS IN INDONESIA

June 2023

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8 Reads

NOTARIIL Jurnal Kenotariatan

This paper analyzes the legal protection of ownership of apartment units against foreign nationals in Indonesia. The focus of the study in this paper is the ambiguity of protection and legal certainty in the provisions of Article 144 of the Copyright Law jo. Article 71 paragraph (1) PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, which regulates the granting of Ownership Rights to Flat Units to foreigners over HGB and use rights if land rights are not extended. The method used is a normative legal research approach, namely a statutory approach and a conceptual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty, the theory of legal protection and the theory of justice. The legal materials used are primary legal materials in the form of legislation, which are complemented by secondary legal materials in the form of reputable journals and the latest literature. The results that can be concluded in this study are the Job Creation Act and PP No. 18 of 2021 does not stipulate if the rights to the land that are the basis of the apartment are not extended or renewed, so that it does not reflect the existence of legal certainty over the ownership of flats by foreigners. This also has implications for the legal protection that will be obtained by foreigners, so that foreigners may lose money when buying flats in Indonesia, because their bargaining position is weaker in Indonesian land law. The purpose of this analysis is to provide certainty and legal protection of ownership of flats for foreign nationals in Indonesia.


THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE

March 2023

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56 Reads

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1 Citation

Jurnal Pembaharuan Hukum

This research aims to provide an understanding of the determination to cancel a child's birth certificate that can potentially violate children's human rights. So that the role of judges as a judicial institution is needed to protect children's rights as it should. Marriage registration is merely an administrative action and does not affect the validity of the marriage. Errors in marriage registration should not necessarily affect the status of the child's position. Because after all, birth certificates are issued by the state to protect and provide legal certainty over the child's status. This research used a typology of research with a prescriptive form and then normative juridical research methods with secondary data derived from laws and regulations relating to child protection. In conclusion, legal action to cancel a child's birth certificate due to legal defects in a marriage can be said to be an action that is contrary to the principle of the best interests of the child, therefore it is fitting that the application for annulment of a child's birth certificate be properly considered by the panel of judges who act as an extension of the state in the judicial field.


Authorities Of The National Land Agency In Settling Land Cases As A Form Of Legal Protection For Land Right Holders Whose Transfer Is Canceled (Study of Supreme Court Decision Number: 3542 K/Pdt/2021)

March 2023

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9 Reads

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1 Citation

Protection Journal Of Land And Environmental Law

Disputes over the transfer of ownership rights to land through the sale and purchase of land that often occur in society are caused by the Indonesian land registration system, which adheres to a hostile system. Certificates of land rights that have been registered have many possibilities for legal defects to arise, and the consequences will cause problems that lead to requests for Cancellation. The problems of this research are, first, what is the authority of the Office of the National Land Agency in resolving land cases, and second, what is the form of legal protection for holders of land rights whose transfers are canceled. This research is a normative law-type research using a statutory and case approach. This study concludes that first, the authority of the National Land Agency Office in settlement of land cases has been regulated in Ministerial Regulation IATR/BPN No. 21I of 2020; IBPN has two alternative land dispute settlements, namely, the first is settlement through the judiciary to obtain a court decision. Second, dispute settlement through mediation seeks a win-win solution, and a peace agreement is drawn up. The second type of legal protection for holders of land rights whose transfer has been canceled, particularly for third parties as holders of ownership rights, can be given to parties whose certificates of ownership are repressively canceled. The aim is to achieve legal clarity, providing legal protection to all parties.


The Legitimacy of Authentic Deeds Read by a Notary via Teleconference

January 2023

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25 Reads

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2 Citations

Journal of Political And Legal Sovereignty

Purpose:A notary is a public official who must provide services to the community; it is desired to be included in responding to the progress of the times, especially those related to the use of technology through teleconferences. Teleconference is a human association or association that is carried out at a far radius using electronic means.Methodology:The type of research used is normative legal research. The object under study is legal norms, namely related to norms contained in article 16 paragraph (1) letter (m) UUJN-P confirms that a notary must be physically present and sign the deed in the presence of appearers and witnesses. In fact, with technological advances that are very supportive, appearers and witnesses may not be physically present, for example, by holding a teleconference.Findings:The results of this study are that the formality of an authentic deed read by a Notary via teleconference media via video is valid and must have completed parameters related to evidence so that the norm of proof is explained, namely that a proof given at trial is valid as evidence, fulfilling all formal and material aspects.Implication:Regarding the deed that is permitted to use video conferencing media in the form of a general meeting of shareholders (GMS), where the parties are not required to be present at the preparation of the deed, it is enough to be replaced by someone to come to the notary. The signing of the deed in this era of digitalization has yet to have full proof.


Citations (12)


... A deed minute is the original document of a deed made by a notary that includes the signatures of the witnesses, witnesses, and notaries, which is kept as part of the notary protocol (Marbun & Aminah, 2023;Rachmadyta & Wardhana, 2024;Theixar & Dharmawan, 2021). The minutes of the deed made by the Notary must be based on the procedures and procedures that have been determined in the Law (Andriana & Irawan, 2022), which is based on Article 38 of the Law on the Substitute Notary Position which regulates the anatomy of the deed to the making of an authentic deed (Evangelistas & Erny, 2021), it is stated that the anatomy of the deed generally consists of (Riza Rahmani & Fatmawati Octarina, 2020;Putra et al., 2025;Setiadewi & Hendra Wijaya, 2020;Yustika Barito, 2023): a. The beginning of the deed or the head of the deed contains the title of the deed; deed number; hours, days, dates, months, and years; and the full name and place of residence of the Notary; b. ...

Reference:

Position of the Premises in the Authentic Deed Made by the Notary
The Substitute Notary's Responsibility for the Deed He Made

Journal of Political And Legal Sovereignty

... Strict legal accountability can provide a deterrent effect for parties who have the potential to commit unlawful acts; b) Protection of State Interests: As a state-run agency, SOEs have a role in supporting the country's economy. With clear legal accountability, losses arising from unlawful acts can be minimized and returned to the state; c) Increasing Transparency and Accountability: A clear and firm accountability system will increase transparency in the management of SOEs and minimize the opportunity for abuse of authority or corruption (I Dharsana et al., 2023). ...

Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith

Pena Justisia Media Komunikasi dan Kajian Hukum

... Jednocześnie trudno jest znaleźć badania dotyczące kwestii nadzoru nad wykonywaniem obowiązków przez instytucje objęte systemem. Istniejąca wiedza w tym obszarze opiera się jedynie na oficjalnych sprawozdaniach jednostek analityki finansowej oraz raportach ewaluacyjnych poszczególnych krajów dokonywanych przez organizacje międzynarodowe 3 . ...

The Role Of A Notary In Preventing Money Laundering

Pena Justisia Media Komunikasi dan Kajian Hukum

... Land registration is essential for providing legal certainty and protecting landowners from potential interference by unauthorized parties (Sanniawati, S., Muhjad, M. H., & Yusran, A. (2023). Moreover, it facilitates the transfer of land rights, which may occur through various means, such as sale, exchange, donation, inheritance, or other legal acts involving land rights (Article 16, UUPA) (Dharsana, I. M. P., Budiarta, I. P. N., & Wahyuningsih, D. A. T. (2023). This process often requires the involvement of Land Deed Officials (Pejabat Pembuat Akta Tanah, or PPAT), who are appointed to prepare the official deeds for land transactions and help ensure the legal transfer of land titles. ...

Authorities Of The National Land Agency In Settling Land Cases As A Form Of Legal Protection For Land Right Holders Whose Transfer Is Canceled (Study of Supreme Court Decision Number: 3542 K/Pdt/2021)

Protection Journal Of Land And Environmental Law

... Even though the business judgment rule enables protection for the board of directors, it does not mean that they are free from responsibilities (Dharsana et al., 2023). The board still has to uphold its fiduciary duty to act in the best interest of the company (Dharsana et al., 2023). ...

APPLICATION OF THE BUSINESS JUDGMENT RULE DOCTRINE IN INDONESIAN COMPANIES

Journal of Public Administration Finance and Law

... 496 (2) Civil Code of 2009 -Law no. 287/2009) 8 . The majority opinion is in the sense that "the child's residence, established by the consent of the parents, regardless of whether the agreement is for the minor to live together with both parents, with one of them or with a third person, does not require judicial control, since the provisions of art. ...

THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE

Jurnal Pembaharuan Hukum

... 42 By acknowledging the divine origin of land within the ambit of national land law, it acquires a sacred character, reinforcing the significance of communal responsibility in its use and preservation. 43 The profound connection between Pancasila values and the provisions of the BAL underscores the inseparable interrelation between God, humanity, and land. By recognizing the existence of a higher power beyond human influence, acknowledging the unbreakable unity between the land and the nation, and embracing the interplay between God, land, and the people of Indonesia, the religious aspect of land law becomes all the more evident and indelible. ...

Urgensi Bank Tanah dan Penguasaan Negara atas Tanah Menurut Landasan Konstitusional Indonesia

Lex Publica

... Agrarian reform is the restructuring of the system of control, ownership, use and utilization of land in a more equitable manner by arranging assets and access for the prosperity of the Indonesian people (Sulistyaningsih, 2021;Utomo, 2021). Agrarian reform aims to reduce the inequality of land control and ownership, resolve agricultural conflicts, and provide welfare for the community by providing access to economic resources (Dharsana et al., 2022;Kartodihardjo & Cahyono, 2021). Their rights to use and own their territory are also regulated through agrarian reform. ...

Agrarian Reform Responding to the Challenges of the Times
  • Citing Article
  • October 2022

Journal Equity of Law and Governance

... Liberal law and positive through law have the character of modern law, which is not intended to realize the welfare of society but to guarantee legal certainty for the effect of trade and investment liberalization(Spears, 2010). Nowdays, to attract foreign investors to Indonesia, the government carried out a strategy by making the following policies such as ratify the omnibus law on the job creation law, release of the online single submission risk based approach (OSS-RBA), release of investment priority list, established investment management institution(dharsana et al., 2022;Iqbal et al., 2022).Pancasila is the official philosophical foundation of the Indonesian state, and it is not necessarily meant to be aligned with the principles of international investment laws.The principles of Pancasila may not align with the liberal economic principles that underlie international investment laws. For example, the principle of social justice for all Indonesian people may require the Indonesian government to impose certain restrictions on foreign investment to ensure that the benefits of investment are shared equitably among the Indonesian people. ...

THE LEGAL CONSEQUENCES OF THE GOVERNMENT'S POLICY OF ATTRACTING FOREIGN INVESTORS BASED ON THE OMNIBUS LAW

Journal of Public Administration Finance and Law

... Notaries in this context play a crucial role in investment mechanisms in the capital market (Ismadi et al., 2022). Additionally, Law No. 11 of 2020 concerning Job Creation emphasizes the importance of notaries in certifying corporate deeds for businesses, including in the tourism sector, to streamline licensing processes and promote economic growth (Anditya & Dharsana, 2022). ...

Notary Role in The Development of Tourism Industry: An Analysis of Business Licensing Policies

Pena Justisia Media Komunikasi dan Kajian Hukum