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Politik Hukum Cyber Notary dalam Era Digitalisasi 5.0 di Indonesia Setiawati, Sicilia Firdaus; Samosir, Tetti; Deni, Fitraì
Notarius Vol 18, No 3 (2025): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v18i3.74376

Abstract

ABSTRACTThe rise of the digitalization era 5.0 urges legal modernization, including in the notarial field. The Cyber Notary concept emerges as a solution through the application of technology in authentic deed creation. However, Indonesia lacks specific regulations explicitly governing its implementation. This study uses a normative-descriptive approach based on literature review to analyze legal politics and obstacles to Cyber Notary adoption. The findings show that technologies such as AI offer efficiency but require a strong legal foundation to align with notarial principles. Regulatory harmonization, particularly regarding Article 1 point 7 of the UUJN, is crucial to realize a Cyber Notary system that adapts to the digital era.Keywords: Authentic Deed; Notary; Notary's Responsibility; Principle of Care ABSTRAKPerkembangan era digitalisasi 5.0 mendorong modernisasi hukum, termasuk dalam bidang kenotariatan. Konsep Cyber Notary hadir sebagai solusi melalui penerapan teknologi dalam pembuatan akta autentik. Namun, belum ada regulasi khusus di Indonesia yang mengaturnya secara eksplisit. Penelitian ini menggunakan pendekatan normatif-deskriptif berbasis studi kepustakaan untuk menganalisis politik hukum dan hambatan penerapan Cyber Notary. Hasilnya menunjukkan bahwa teknologi seperti AI menawarkan efisiensi, namun memerlukan dasar hukum yang kuat agar selaras dengan prinsip notariat. Harmonisasi regulasi, khususnya terkait Pasal 1 angka 7 UUJN, menjadi urgensi utama untuk mewujudkan Cyber Notary yang adaptif terhadap era digital. Kata Kunci: Akta Otentik; Notaris; Tanggung Jawab Notaris; Prinsip Kehati-hatian
IMPLEMENTASI SERTIPIKAT ELEKTRONIK DI INDONESIA: ANALISIS KENDALA DAN PERBANDINGAN DENGAN AUSTRALIA Ladia, Farhatin; Rosinta, Maya; Suryani, Suryani; Samosir, Tetti
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.6453

Abstract

The implementation of electronic land certificates in Indonesia is still facing various obstacles that hinder the full realization of this policy. As part of the digital reform in land administration, the government has issued Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 on the Issuance of Electronic Documents in Land Registration Activities. However, its enforcement has not been optimal due to technical, regulatory, and institutional challenges. In contrast, Australia has successfully implemented electronic land certificates since 2011, initiated through the Inter-governmental Agreement (IGA), which established regulatory harmonization among its states and territories. This article aims to analyze the challenges of implementing electronic certificates in Indonesia and to examine Australia’s experience as a comparative reference. The research applies a normative juridical method using statutory and comparative approaches. The findings highlight that Indonesia may learn from Australia’s experience, particularly in terms of regulatory harmonization, technological infrastructure readiness, and the enhancement of public legal literacy to support the successful adoption of electronic land certificates. Keywords: Electronic Certificates; Implementation; Land Registration; Comparative Law.
Increasing Legal Awareness of Village Communities Through an Integrated Legal Counseling Program: A Case Study of Pasir Angin Village Samosir, Tetti; Maslihati Nur Hidayati; Didi Sunardi; Kevin Malinowski Simanjuntak
International Journal of Community Service (IJCS) Vol. 4 No. 2 (2025): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i2.1560

Abstract

Legal awareness among rural communities remains relatively low due to limited access to legal information and minimal outreach from authorities. This study aims to analyze the effectiveness of the implementation of an integrated legal outreach program in increasing legal awareness among the people of Pasir Angin Village. The study used a qualitative approach with a case study design and participatory action research involving 87 participants from various community groups over a six-month period. Data collection was conducted through participant observation, in-depth interviews, focus group discussions, and document analysis, then analyzed using thematic analysis techniques. The outreach program integrated five main topics: land and electronic certificates, narcotics prevention, personal data protection in fintech, family and inheritance law, and notary aspects. The results showed a significant increase in the level of community legal understanding from an average of 34% to 78%, with a program satisfaction level reaching 4.3 on a scale of 5. This program successfully shifted the community's paradigm from a traditional approach to a more structured formal legal settlement. Key success factors included the competence of the resource persons, interactive-participatory delivery methods, village government support, and the relevance of the material to the real needs of the community. This research provides an important contribution to the development of a community service model in the legal field and can be replicated in other villages with adjustments to the local context to create a more legally aware community and able to access justice optimally.
Suspended sovereignty as a result of the Apostille Convention: Legal review of Article 1337 of the Civil Code Lestari Pardede, Kory Febrina; Pratomo, Eddy; Samosir, Tetti
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1610

Abstract

This study examines the risk of suspended sovereignty as a consequence of the ratification of the Apostille Convention in Indonesia from the perspective of Article 1337 of the Civil Code. The apostille system accelerates the legalization of foreign public documents, including international contracts, but reduces the substantive oversight function of Indonesian authorities. As a result, foreign documents that are formally valid and have obtained an apostille can still be recognized in Indonesia, even though they contradict national legal norms as stipulated in Article 1337 of the Civil Code. This condition creates a legal vacuum that weakens the practice of protecting national norms, so that substantive filtering can only be carried out after the document becomes a source of dispute. The research results recommend the urgency of a complementary mechanism in the form of regulations and substantive testing so that global administrative efficiency remains in line with the principles of legal sovereignty and the integrity of Indonesian values amid the tide of globalization of agreements.
Study of the Cancellation of the Deed of Sale and Purchase Agreement By the Court of ConsequencesAct against the law (Case Study of Decision Number 55/Pdt.G/2022/Pn.Dpk) Arifin, Ajun; Samosir, Tetti
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2454

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The Sales and Purchase Agreement (PPJB) is a crucial legal instrument in property transactions in Indonesia, but its cancellation by the court creates significant legal complexity for legal certainty and investor protection. This study analyzes the court's legal considerations in canceling a PPJB deed due to unlawful acts through a case study of Decision Number 55/Pdt.G/2022/PN.DPK which was upheld at the cassation level, using normative juridical methods and a descriptive analytical approach to examine the consistency of the application of contract law and the effectiveness of legal protection for land title holders. The research findings show a fundamental inconsistency in the court's decision, which declared the plaintiff a good-faith buyer in the conventional case, but in the counter-conventional case, declared the plaintiff to have committed a breach of contract with disproportionate sanctions in the form of cancellation of the agreement and loss of payment of Rp. 2,320,000,000. This contradiction indicates a systemic weakness in distinguishing the concepts of default and unlawful acts, a disregard for the principle of proportionality of sanctions, and the ineffectiveness of available legal protection mechanisms because the land registration system can be canceled based on inconsistent considerations. This study concludes the need for reformulation of the judicial approach in handling PPJB disputes through the development of a consistent, proportional, and just legal framework to maintain public trust in the legal system and support a healthy and sustainable property investment climate.
Rasionalitas Majelis Hakim dalam Pembatalan Akta Hibah Tanah Akibat Perbuatan Melawan Hukum oleh Ahli Waris: Studi Putusan Nomor 175/Pdt.G/2023/PN Kpn Dewi, Eriska Desianti; Samosir, Tetti; Harlina, Indah
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.423

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Disputes concerning the annulment of land grant deeds between Inheritors constitute a complex issue within civil and agrarian law, requiring an in-depth understanding of the rationale behind court decisions. This research aims to analyze the rationale of the Panel of Judges of the Kepanjen District Court in Decision Number 175/Pdt.G/2023/PN Kpn regarding the annulment of Grant Deed Number 167/KEP-35.10/IX/2020. Employing a normative legal research method with a case study approach, the qualitative analysis focused on the legal considerations (ratio decidendi) within the decision. The analysis results indicate the Panel of Judges’ rationale was primarily based on the assessment of evidence corroborating the Plaintiff’s pre-grant proper claim derived from an oral transaction, setting aside the formal strength of the authentic deed due to the Defendant’s absence of rebuttal evidence. The juridical annulment of the deed was grounded in the direct application of the Nemo dat quod non habet principle, referenced through Article 210 section (2) of the Compilation of Islamic Law because the Grantor was proven to have granted part of the object that was not his right. The qualification of unlawful act against the Defendant was determined as a logical consequence of this finding, albeit without in-depth elaboration of the elements, demonstrating pragmatic reasoning. In conclusion, the judicial rationale, in this case, tends to prioritize substantive justice over formal legal certainty, yet it raises discourse concerning evidentiary standards and potential issues of inheritance law coherence that remain unaddressed.
Implications for the Power of Attorney to Sell Deed Made by a Notary Due to Inaccuracy Samosir, Tetti; Indah Harlina; Vicky
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1090

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The role of a notary is crucial in facilitating legal certainty and protection for the community. In civil law, notaries hold a highly strategic position as their profession deals with fundamental and critical issues in every legal action, particularly within civil law. The public, both as subjects and objects of legal transactions, bear significant burdens regarding legal administration. Violations by notaries can be classified as breaches of professional ethics or breaches of the law, with consequences that may include civil liabilities (compensation), criminal penalties (imprisonment and fines), and administrative sanctions (dismissal from office). Every unlawful action causing harm to others must be accounted for by the perpetrator. In criminal law theory, offenses are categorized into intentional and negligent acts. Any action causing undue harm and violating the law constitutes an illegal act. This study analyzes the juridical implications of drafting a power of attorney for sale from normative and case-based perspectives. The research revealed that a notary's failure to conduct adequate checks on document legality for a Power of Attorney for Sale resulted in unlawful actions that harmed legitimate parties, leading to material losses.
Legal Certainty Dynamics of Land Rights in Electronic Transactions and the Implementation of Digital Land Certificates in Indonesia Yanti, Donna Valentina; Sari, Maya Tiara; Utami, Wahyu Dwi; Samosir, Tetti
Riwayat: Educational Journal of History and Humanities Vol 8, No 2 (2025): April
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i2.45449

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The evolution of land administration in Indonesia has entered a transformative phase marked by the integration of digital technologies, particularly in the form of electronic transactions and digital land certificates. This study aims to explore the legal certainty surrounding land rights within the framework of Indonesias digitalization efforts in the agrarian sector. Utilizing a qualitative methodology through a library research approach, the study examines legal doctrines, regulatory frameworks, academic discourse, and comparative legal systems to analyze the implications of electronic land certification. The research highlights the dualistic nature of progress and challengewhile digital systems promise efficiency, transparency, and broader access to legal rights, they also raise questions of data security, authentication, regulatory readiness, and potential legal conflicts between conventional and electronic documentation. The study finds that the success of digital land certification relies heavily on the harmonization of existing land laws, the establishment of a robust legal infrastructure, and the consistent application of principles ensuring legal certainty. Furthermore, the transition demands institutional commitment, cross-sectoral coordination, and public trust in the reliability of electronic systems. In conclusion, legal certainty in the context of electronic land transactions in Indonesia is attainable, but only through a comprehensive, systematic, and inclusive legal transformation supported by technological integrity and public policy reform.
Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law Iswari, Katrin Yogi; Adzania, Pelangi; Novilawati, Rizka; Samosir, Tetti
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.39750

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The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also commonly referred to as literature study research. This study concludes that there is no legal certainty regarding the evidentiary power of notarial deeds made in the concept of cyber notary according to Indonesian positive law because there are no clear regulations regarding cyber notary based on Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Positions and Law No. 11 of 2008 concerning Information and Electronic Transactions. There is a degradation of the evidentiary power of notarial deeds which should be authentic deeds that have perfect evidentiary power into private deeds. Such conditions will also ultimately result in the failure to fulfill the formal agreement elements required by legislation and have a further impact on the fulfillment of obligations under legislation that require the use of a notarial deed.
The Legal Implications of Forgery Sale & Purchase Binding Agreement by Notary Public Samosir, Tetti; Harlina, Indah; Akbar, Fikri Miftakhul
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.27920

Abstract

The notary is a public official who is authorized to make authentic deeds, in which the obligation of a notary in carrying out his position must act honestly, reliably, independently, impartially, thoroughly, and safeguard the interests of the parties involved in legal actions. This is known as the precautionary principle for a notary in carrying out his position as a public official. The purpose of this writing is to examine the legal implications of counterfeiting and the responsibility of a notary to the binding sale and purchase agreement he made. The research method used in this paper is normative juridical with a statutory and case study approach. The results and findings obtained after conducting research and analysis of the problems in this paper, namely the legal impact due to the negligence of a notary in making a binding sale and purchase agreement because to forgery, so that the legal consequences of these PPJB are void, this is because it is not in accordance with the legal requirements of an agreement as stated in Article 1320 of the Civil Code, namely those relating to lawful causes. This happens because the notary in carrying out his authority does not carry out his obligations related to the principle of precautionary, therefore the notary must be responsible for his actions that have been carried out in accordance with the law and code of ethics. So it can be concluded that the deed made by the notary is null and void and is not an authentic deed but a private deed.