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All Journal Genesis Law and Social Sciences
Ghadamfar Muflih Idroes
Interdisciplinary Innovation Research Unit, Graha Primera Saintifika, Aceh Besar 23371, Indonesia

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Reinterpreting the Principle of Tabellionis Officium Fideliter Exercebo in Notarial Practice in the Digital Era of Society 5.0 Ghadamfar Muflih Idroes
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.82

Abstract

The rise of Society 5.0 has driven significant technological transformations across various sectors, necessitating the adaptation of traditional legal principles to contemporary digital practices. This study examines the reinterpretation of the principle Tabellionis Officium Fideliter Exercebo in Indonesia’s notarial practice within the digital context of Society 5.0. Employing a normative juridical approach, the research explores how emerging digital technologies, including electronic signatures, teleconferencing, blockchain, and biometric authentication, can fulfill traditional legal requirements of authenticity, integrity, and physical presence in notarial acts. Although Indonesia’s current legal framework poses challenges to fully digital implementations, the analysis suggests that adaptive regulatory reforms could enable a hybrid notarial model. Such a model integrates traditional safeguards with technological innovations, enhancing legal certainty, accessibility, and inclusivity. Ultimately, this research advocates regulatory updates that maintain core notarial values while meeting modern societal expectations for efficient, trustworthy, and accessible legal services.
The Risks of Unregulated Artificial Intelligence in Indonesia: Challenges and Solutions Ahmad Zharfan; Ghadamfar Muflih Idroes; Faisal A Rani
Genesis Law and Social Sciences Vol. 2 No. 1 (2026): May 2026
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v2i1.128

Abstract

The rapid diffusion of artificial intelligence (AI) systems in Indonesia has outpaced the country's regulatory capacity. Although several statutory and subordinate instruments touch upon AI-related concerns, including Law Number 11 of 2008 on Electronic Information and Transactions as most recently amended by Law Number 1 of 2024, Law Number 27 of 2022 on Personal Data Protection, Government Regulation Number 71 of 2019, the Circular Letter of the Minister of Communication and Informatics Number 9 of 2023 on the Ethics of Artificial Intelligence, the Circular Letter of the Financial Services Authority Number 19/SEOJK.06/2023, and the 2020-2045 National Strategy for Artificial Intelligence, none of these instruments establishes a comprehensive legal regime for AI. Employing normative legal research combining statutory, conceptual, and comparative approaches, this article argues that Indonesia's prevailing reliance on subordinate regulations and ministerial circulars is constitutionally insufficient for a regulatory domain that engages fundamental rights protected by Article 28J(2) of the 1945 Constitution. Drawing comparatively upon the European Union's risk-based AI Act, Singapore's Model AI Governance Framework, and Japan's agile governance approach, the article proposes a primary statute (Undang-Undang) on AI as the constitutionally proper anchor, with subordinate Presidential and Ministerial Regulations performing operational functions. The contribution is not the now familiar claim that Indonesia needs AI regulation, but the reframing of that claim as a question of constitutional form, mapping a civil law hierarchy of instruments onto it and offering Indonesian legislators and ASEAN scholarship a worked architecture suited to a civil law jurisdiction.
Co-Authors Ahmad Zharfan Faisal A Rani