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All Journal Journal of Judicial Review
Ariawan Gunadi
Universitas Tarumanegara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Problematics of the Regulation and Implementation of Electronic Deeds in Indonesia's Notarial Legal System Abue Abue; Ariawan Gunadi
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12122

Abstract

The rapid development of digital technology has driven the increasing use of electronic documents in various legal activities in Indonesia. However, the notarial sector has not been able to fully keep pace with this development, as the formation of notarial deeds remains bound to formal procedures that require the physical presence of the parties. This study aims to analyze the regulation of electronic deeds within the Indonesian notarial legal system and to identify the problems in their implementation in practice. This research employs a normative juridical method with statutory and conceptual approaches. The results indicate that electronic deeds do not yet have an adequate normative basis, as there are no provisions explicitly accommodating their formation within the Notary Position Law. This condition reflects the lack of harmonization between the regulation of electronic documents and the formalistic nature of notarial law, which is rooted in Article 1868 of the Indonesian Civil Code. As a consequence, deeds that do not fulfill formal requirements risk being downgraded from authentic deeds to private documents, thereby weakening their evidentiary value. In addition, their implementation faces a primary obstacle in the form of uneven digital infrastructure, which leads to various technical issues, including identity verification, the assurance of the parties’ free will, the management of electronic minuta deeds, and the readiness of human resources.
Reconstruction of the Concept of Premarital Agreements from the Perspective of Substantive Justice & Gender Equality Janita Wulandari; Ariawan Gunadi
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12160

Abstract

Prenuptial agreements in Indonesia still face issues of gender inequality and are often dominated by formalistic legal approaches that do not fully reflect substantive justice. This study aims to reconstruct the concept of prenuptial agreements from the perspective of substantive justice and gender equality in order to formulate a more balanced model of legal protection for both spouses. This research employs a normative legal method using statutory, conceptual, and philosophical approaches, supported by literature studies and semi-structured interviews with notaries, which are analyzed qualitatively. The findings indicate that existing legal frameworks, particularly the Civil Code and Marriage Law, continue to emphasize formal legality rather than substantive justice. Although Constitutional Court Decision No. 69/PUU-XIII/2015 has expanded the flexibility of prenuptial agreements, unequal bargaining positions remain due to economic disparities and patriarchal cultural influences. Furthermore, the role of notaries remains largely administrative and has not yet optimally ensured equality between parties. This study introduces a reconstruction model of prenuptial agreements that integrates transparency, protection of vulnerable parties, standardization of contractual clauses, and substantive review mechanisms beyond mere formal legality. In conclusion, prenuptial agreements in Indonesia need to be reoriented from purely formal legal instruments into gender-responsive instruments that promote substantive justice and provide fair and proportional legal protection for both parties.
Co-Authors Abue Abue Janita Wulandari