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VALIDITY OF APPLICANTS PRESENT BEFORE A NOTARY ONLINE Arbas, Etra
NOMOI Law Review Vol 6, No 1 (2025): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i1.24494

Abstract

The development of digital technology has brought significant changes in various fields, including in notarial practice. One of the main challenges in implementing online notarization is the validity of the person appearing before the notary online (online notarization). Clear regulations are needed to ensure that the online notarization process remains in accordance with the principles of legality, identity authentication, and personal data protection. In addition, the legal validity aspect of deeds made online is also a major concern in the applicable legal system. This study uses normative legal research with a statutory and comparative approach. The results of the study show that online notarization has been in effect and implemented in several countries. Indonesia itself has not implemented online notarization because existing regulations require that the person appearing must be present in person before the notary. So if the notary does not meet in person, then the validity of a deed is because it is carried out in a manner that is not in accordance with statutory regulations. 
Analysis of cryptocurrency as collateral from the perspective of Indonesian positive law and Islamic law: A comparison Jaya, Jamie Armadi; Parapat, Henry Anderson; Mubarak, Ahmad; Arbas, Etra
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.940

Abstract

Current technology has significantly impacted several sectors, including the financial sector. Cryptocurrency is one of the financial technology phenomena currently being widely discussed. Cryptocurrency is a digital currency that holds value and can become a promising asset for its holders. This study focuses on cryptocurrency as collateral from Indonesian and Islamic legal perspectives. This research method emphasizes a rules-based approach, namely, through laws and other legal sources. The findings indicate that Indonesian legal support for cryptocurrency as collateral is valid because it is a movable asset. However, from an Islamic legal perspective, collateral is known as al-Rahn. The use of cryptocurrency as an object in an al-rahn contract is considered invalid. This is because, from an Islamic perspective, cryptocurrency does not fulfill Shariah principles. This asset contains elements of gharar (uncertainty), dharar (potential harm), and maysir or qimar (elements of speculation or gambling), so it is considered unfit to be used as goods (sil'ah) in transactions that comply with sharia.