Zainul Daulay’s research while affiliated with The University of Law and other places

Difference from other studies that discuss proverbs from the perspective of art and linguistic, this study focused on its’ relevance with universal humanitarian principles adopted in various international treaties of international humanitarian and human rights laws. This study was conducted because several important treaties are not yet ratified by Indonesia due to an assumption that there are certain principles are not align with the living law in Indonesia. Even, the State needs to invoke certain provisions from the treaties to persuade the protection of its citizens being abroad whom trapped in situations of armed conflict and other situations of violence. This study answers this following question: Do Minangkabau proverbs provide sufficient relevant values which are align with the universal humanitarian principles? This research used the living law perspective and legal normative method in finding the relevant proverbs. The research result shows that the universal humanitarian principles can be found in certain relevant proverbs. At least 40 Minangkabau proverbs are compatible with and cover the ten universal humanitarian principles discussed. It proves that, from the cultural view, Indonesia is ready to ratify the certain main international treaties.

In order to achieve the ideals of the Unitary State of the Republic of Indonesia, which will bring prosperity to its people, resilience in the economic sector plays a significant role. However, the circulation of black money still haunts Indonesia in realizing its goals. One practice that is detrimental to the State of Indonesia is tax evasion. Although Indonesia already has several regulations regarding preventing and eradicating money laundering crimes. However, it is still difficult to prosecute the perpetrators of these crimes. Therefore, this research focuses on the regulation of Indonesian law regarding transnational crimes within the scope of financial transactions resulting from criminal acts in the field of taxation. Second, Indonesian law enforcement acts against transnational crimes within the scope of financial transactions resulting from criminal acts in the field of taxation. The focus of the study uses normative research methods with a juridical-qualitative analysis method. The results of this study conclude that even though Indonesia already has legal instruments related to the prevention and eradication of money laundering, especially the proceeds of crime in the field of taxation, there is a legal loophole in the regulation of Special Purpose Vehicles (SPV) so that it is necessary to reorganize SPV arrangements so that they no longer become loopholes for criminals and strengthen the FIU in terms of law enforcement.

Terbentuknya Masyarakat Ekonomi ASEAN (ASEAN Economic Community) juga merupakan suatu hal yang harus dilakukan oleh Negara-negara anggota ASEAN dalam rangka menghadapi perekonomian global dan liberalisasi dalam perdagangan internasional. Selain itu, hal ini juga di dorong oleh semakin banyak organisasi atau blok-blok perekonomian regional yang terus terbentuk seiring dengan terjadinya perubahan ekonomi menuju pasar bebas dalam bentuk liberalisasi perdagangan. Dalam hal ini, regionalisasi ekonomi telah menjadi cara untuk meningkatkan daya saing internasional perusahaan-perusahaan dalam wilayah tersebut. Salah satu yang kemudian yang diatur dalam Masyarakat Ekonomi ASEAN juga menyangkut hak kekayaan intelektual. Hak kekayaan intelektual khususnya yang bersifat komunal diantaranya penggetahuan tradisional, ekspresi budaya tradisional dan lainnya merupakan aset bagi negara yang harus dilindungi. Walaupun pada tingkat internasional, WIPO belum berhasil menyepakati pengaturan perlindungan kekayaan intelektual komunal terkait Sumberdaya Genetik, Pengetahuan Tradisional dan Ekspresi Budaya Tradisional, namun Masyarakat Ekonomi ASEAN telah menegaskan untuk melakukan penguatan perlindungannya pada pasar perdagangan regional dan internasional (foreign markets). Berdasarkan hal tersebut maka penelitian ini bertujuan untuk pertama, menganalisis kebijakan Masyarakat Ekonomi ASEAN dalam perdagangan regional terkait Kekayaan Intelektual; dan kedua, untuk memetakan kebijakan nasional dalam penguatan perlindungan Kekayaan Intelektual Komunal. Metode yang digunakan dalam penelitian ini adalah penelitian yuridis sosiologis dengan pendekatan komparatif.

A notary is a public official who is authorized to make authentic deeds and has other authorities including those referred to in UUJN. One of the Notary's authorities is to make a fiduciary guaranteed deed, which has been explained in Article 5 UUJF. In connection with this authority, the Notary is required to keep the minutes of the fiduciary deed, one of which is the deposit of the minutes of the fiduciary deed. The problem that occurs at this time is that some Notaries experience difficulties in storing minutes of fiduciary deeds, because there are no clear rules relating to these deposits. With the number of deeds that are made and keeping the minutes of the deed as a Notary protocol can cause problems. The notary may violate existing rules regarding the making of a fiduciary deed and experience problems in storing the number of minuta of this fiduciary deed. Based on this, the authors formulate the problem, namely first, how are the arrangements and responsibilities of a Notary for the storage of minutes of fiduciary deeds, secondly, what are the obstacles in storing the number of minutes of fiduciary deeds. This study uses a juridical-empirical approach. Based on the results of research on the arrangements and responsibilities of a Notary for the safekeeping of minutes of fiduciary deeds, it has been proven that many Notaries violate the rules regarding limiting the number of deed made per day and the Notary is only responsible to the extent of keeping the deed as a Notary protocol, so that if the guarantee time in the deed runs out, The notary keeps it and it is one of the factors in the accumulation of minutes of the deed. In storing the minutes of the fiduciary deed there are several obstacles such as the quality of paper that is easily damaged, making a special cupboard and a large room.

The protection of cultural property can have two meanings. It depends on the perspective of whether the cultural wealth is seen as a cultural heritage or resource. In the event that cultural wealth is a cultural heritage, protection means preservation. The rsults shown that all KIK is a common heritage is based on generalizations and is a misguided conclusion rather than an accurate fact. It is recognized that many traditional communities have a strong and high ethos of sharing and giving (a strong sharing ethos). Although some KIK, knowledge of traditional medicine, for example, has been opened and disclosed, this knowledge is protected by customary law practices which view traditional knowledge as knowledge that cannot be accessed and used freely by everyone. This is in accordance with the theory of ownership where private property is in the middle between the commons and the anticommons. Therefore, the holder of the right to private property can be the state, the community collective and individuals. The legal politics of protection and ownership of communal intellectual property must reflect and rely on Pancasila as the basis of the state, constitution and sociological facts in indigenous peoples. There must be a balance between individual interests and the interests of the common or communal groups of owners of traditional knowledge. The regulation of KIK should be specifically regulated (sui generis) in a complete statutory regulation by taking into account the ideal policy of protecting the ownership of Indigenous Peoples.

One of the objectives of land registration is to provide legal certainty for land rights holders. Therefore, in order to make this happen, regulations regarding land registration are made, one of which is Article 32 paragraph (2) PP Number 24 of 1997. However, in reality there are still problems in terms of ownership of a parcel of land associated with this article, namely against a plot of land which has been controlled by a legal subject for years and has been equipped with a certificate. There are still outsiders demanding rights to the land with respect to the land. Until now, Article 32 paragraph (2) Government Regulation Number 24 Year 1997, which should have been a solution to the above problems, still creates differences. Given the existence of this article is not in accordance with the negative publication system adopted by land registration in Indonesia, where a certificate is not an absolute evidence, but a certificate is strong evidence.

The Honorary Board of the Indonesian Notary Association as the organ of the Indonesian Notary Association issues a regulation regarding the Fairness of the Deed Making Certificate per Notary for 20 deeds per day. Based on pre-research, there are still many notaries who do not know about the regulation in Padang. Why a Notary is prohibited from making a deed exceeding the fairness limit, what factors becomes the reasons for a Notary in Padang to make a deed exceeding the fairness limit and the legal consequences of a deed exceeding the fairness limit will be the topic of discussion in this paper. The research method used is a type of empirical juridical research and the nature of analytical descriptive research; data collection is done by using data in the form of primary material as primary data, supported by secondary and tertiary materials. The data obtained are then processed, analyzed, and interpreted qualitatively. Compliance is a virtue that moves people to act rationally in using what is fair, it is important for Notary to be given reasonable limits on the deeds that they can make per day so that the Notary does not exceed their physical ability to make daily deeds. The Law of Notary Position does not limit the number of deeds that can be made by the Notary per day, so that there are still notaries who make the deed exceed the reasonable limits set especially Fiduciary deed in Padang. Notary Deed that exceeds the fairness limit determined by the Honorary Board of Notary will not be degraded to privately-made deed, provided that what is done by Notary in making the deed is in accordance with the Law of Notary Position. The reasonable limit of making a daily deed issued by the Indonesian Notary Association Honorary Board should be included in the Minister Law or Regulation because basically the DKP.INI 1 regulation in 2017 only binds members of the association. Had the notary been expelled from the association, it would not have had any effect on his position.

The summons of deed witness or it can be called instrumenter witnesses to be a witness in the judicial process often happens in daily life. There was a problem when the instrumenter witness gave the information about the content of the documentary of deed, because of the differences in position of the instrumenter witness with the witness in general and there is a confidentiality of the notarial deed. The purpose of this study is to see the differences in the position of the instrumenter witness with the witness in general and how the legal consequences if the instrumenter witness gave the information is out of their duties and responsibilities in formalizing of the notarial deed. The method of this research uses a normative juridical approach by collecting the materials through a literature study. The results showed that the summoning of the instrumenter witness to be a witness in the judicial process was not in accordance to The Law of Notary Position provisions if it's out of the instumenter witness duties and responsibilities in formalizing of the notarial deed, which is related to the reading and signing of the deed.

The notary authority is to make an authentic deed which is one part of the notarial protocol. This protocol will be safeguarded and submitted to the Regional Supervisory Board (MPD) if the Notary passes away. In this paper, the author applies empirical juridical research methods, uses primary data, and applies data collection techniques in the form of interviews with parties related to this study. Based on the results of the study, in the event that the Notary retires due to death, the protocol will be transferred to another notary of protocol holder. In order to guarantee legal certainty and avoid the abandonment of a Deed, through a proposal from an heir or Notary employee, the MPD appoints a Temporary Notary Officer in accordance with Article 40 of the Regulation of the Minister of Law and Human Rights No. 25 of 2014. Appointment of Temporary Notary Officials is expected not to break all matters related to the management of authentic certificates and the parties, that bind the agreement of the authentic deed, receive legal certainty. When a Notary passes away, Article 35 paragraph (1) of the Law on Notary Position Amendment states that a husband/ wife or family of blood in a straight line of descent to the second degree must notify MPD. Subsequently, the MPD makes a Decision Letter on the dismissal of a Notary addressed to the Ministry of Law and Human Rights. After the letter is issued, MPD conducts the process of making a notarial protocol transfer report, which is later transferred to another Notary of Protocol Holder.