Carissa Amanda Siswanto
Universitas Pelita Harapan

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Dari Kertas ke Digital: Cetak Biru Rwanda dan Redefinisi Keaslian Akta Notaris dalam Kerangka Hukum Digital di Indonesia Carissa Amanda Siswanto; Septhian Eka Adiyatma; Uche Nnawulezi; Jacques Kabano
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4686

Abstract

This study examines the legal recognition of electronic notarial acts in Indonesia and the regulatory inconsistencies among the Notary Law, the Electronic Information and Transactions (ITE) Law, and the Indonesian Civil Code. These inconsistencies prevent notaries from issuing authentic electronic deeds, weaken the evidentiary value of digital documents, and create legal uncertainty in electronic transactions. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Indonesia’s framework and compares it with Rwanda’s system, which expressly recognizes electronic notarial acts under Law No. 031/2016 through an integrated digital identity platform. The findings show that the physical presence requirement in the Notary Law and the exclusion of notarial deeds from electronic documents under the ITE Law are the main obstacles to electronic authentic deeds in Indonesia. The novelty of this research lies in its use of Rwanda’s regulatory model as a normative and comparative foundation for reconstructing Indonesia’s Cyber Notary framework. This study proposes revising the Notary Law and establishing a unified national digital notarial platform to strengthen the authenticity, integrity, and legal certainty of electronic deeds within Indonesia’s evolving digital legal landscape.
Basic Novelty Issues in Industrial Design and Policy Recommendations Case Study of Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015 Carissa Amanda Siswanto
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6336

Abstract

This study aims to analyze the interpretation of novelty in industrial design under Indonesian law, with a special focus on Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015. Using the Normative Juridical method, this study explores relevant legal principles and doctrines, adopting a Statute and Doctrinal Approach. The main focus is on the Law of the Republic of Indonesia Number 31 of 2000 concerning Industrial Design, checking its suitability to its practice and application in real cases. The Doctrinal Approach explores expert views through literature, providing an in-depth perspective on the protection of industrial design. The results point to the need for clear and consistent definitions and interpretations of novelty in the Industrial Design Act. It also emphasized the importance of an effective novelty proof process, as reflected in the Supreme Court Decision. This research suggests the need for a "significantly differ" standard from TRIP's Agreement to strengthen industrial design protection, encourage creativity, and improve creative industry competence. In the registration process, an in-depth substantive examination is required, not as a formality, but as a comprehensive analysis of creativity and innovation. The study also emphasizes the need to clarify the definition of novelty in Indonesian law, increase the capacity of industrial design examiners, and strengthen international cooperation