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Legal Force Of Electronic Land Sale And Purchase Deeds (E-Ajb) In The Digital Land Registration System After The Implementation Of Electronic Land Deed Official Services Aditya Nugraha, I Gede Putu Dharma; Setyawati, Setyawati; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The digital transformation of land services through the implementation of electronic Land Deed Official (PPAT) services has given rise to innovations in the form of Electronic Land Sale and Purchase Deeds (e-AJB) within the digital land registration system. The presence of e-AJB raises legal issues related to its legal standing and force as an authentic deed in the Indonesian land law system. This study uses a normative legal research method (normative juridical) with a statutory, conceptual, case, and comparative approach. The data used are primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results of the study indicate that normatively e-AJB has received recognition through regulations related to electronic systems and electronic signatures, particularly the Electronic Information and Transactions Law and its implementing regulations. However, from a classical civil law perspective that requires physical presence and written document form as elements of an authentic deed as regulated in Article 1868 of the Civil Code, there is still debate regarding the fulfillment of the formal requirements of e-AJB as an authentic deed that has perfect evidentiary power. The main obstacles in the implementation of e-AJB include disharmony of laws and regulations, differences in interpretation regarding the physical presence of the parties, and aspects of security and proof of electronic signatures in the trial process. The Denpasar District Court decision is an important precedent that shows the need for harmonization of regulations between civil law, agrarian law, and information technology law to ensure legal certainty and protection for the parties. Thus, strengthening the legal basis of e-AJB through legislative updates and affirmation of its position in the hierarchy of laws and regulations is urgent to support the sustainability of the digital land registration system in Indonesia.
Legal Review of The Validity of Electronic Signatures in Authentic Deed Muliani Zabir, Andi Sri; Darmadi, Nanang Sri; Kusriyah, Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The regulation of electronic signatures has been widely incorporated into various Indonesian laws and is used by many government agencies and the private sector. Notary practice under Law Number 2 of 2014 on the Notary function has been regulated with respect to the concept of cyber notary. However, it did not further specify or detail the use of an electronic signature in a notarial authentic deed. The purpose of this research is to analyze the existence and validity of electronic signatures in notarial authentic deeds and in other forms of notarial deeds that use electronic signatures. The method used is normative legal research with a law-regulation approach. The source and type of data used are secondary data from a literature review; the analysis is prescriptive. The results show that: 1) notaries in several countries, such as the United States and Japan, have been using electronic signatures in notarial authentic deeds, even making them in digital form, due to the legal foundation that ensures the notary can legally use the electronic signature in those countries. In Indonesia, an electronic signature has been used in government agencies, such as the Ministry of Agrarian Affairs and Spatial Planning and the Ministry of Law, as well as in private parties, such as the company that held a General Meeting of Shareholders of a Limited Liability Company via electronic means. 2) Signing of the original deed using an electronic signature could not be used in Indonesia since there is no clear legal foundation that regulates the notary's authority to use the electronic signature itself. If the notary continues to use the electronic signature on notarial authentic deeds, the deeds will be considered illegal and not authentic. At the same time, the use of an electronic signature on a copy of a notary deed is supposed to be possible as long as the original deed has been completely signed by every party, witness, and the notary, based on the Notary Position Regulations. The suggestion would be: 1) the government needs to implement a change in Law Number 2 of 2014 to accommodate the changing of the era. 2) The synergy between the government and notary organization would give legal certainty toward the use of an electronic signature on notarial authentic deeds by forming a legal foundation for using an electronic signature on the original deed, as well as the system and application that could make the use of an electronic signature on the practice of notary's duties easier.
Validity of Electronic Signatures of The Notary and The Parties on The Notary Deed Fahryan, Ahmad; Setyawati, Setyawati; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The development of information technology has driven the transformation of notarial practices, including the implementation of electronic signatures, which are generally recognized as having legal force under the Electronic Information and Transactions Law (UU ITE). However, the Notary Law (UUJN) has not explicitly regulated the use of electronic signatures in the creation of authentic deeds, thus still requiring the physical presence of the parties. This has given rise to debate regarding the validity of electronic notarial deeds. This study aims to analyze the validity of electronic signatures of notaries and parties in notarial deeds. The method used is a normative juridical approach through a literature review, with analytical descriptive research specifications that systematically and comprehensively explain the related legal issues. The results of the study indicate that legally, electronic signatures are valid in electronic transactions, but their application in notarial deeds is still limited due to exceptions in Article 5 paragraph (4) of the ITE Law, legal constraints in the UUJN, digital security issues, and differences in legal understanding. Therefore, harmonization of regulations, strengthening digital infrastructure, and improving notary competency are important steps to ensure that electronic notarial deeds continue to have legal certainty and adequate legal protection.
Notary Public's Responsibility for Self-Promotion Practices Through Social Media Reviewed from the Notary Code of Ethics and the Notary Law Areta, Azzahra Lintang; Darmadi, Nanang Sri; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A notary is a public official authorized to create authentic deeds. Therefore, all activities undertaken by a public official must comply with existing regulations. Notaries are governed by the Notary Code of Ethics and the Notary Law. One important provision within these provisions prohibits self-promotion through social media. The purpose of this study is to determine the legal consequences of notary promotion through social media and to understand the process of handling notary promotion through social media codes of ethics, as reviewed by the Notary Code of Ethics and the Notary Law. To achieve the research objectives, the author employed a normative legal research method, which utilizes library materials as primary data for case analysis without conducting fieldwork. This type of research is also known as research that focuses on the study of legal principles, legislation, and relevant legal literature. The research results show that examples of actions taken by notaries as a form of self-promotion through social media are through websites, social media (TikTok, Instagram), webinars, and seminars. In addition, Article 4 paragraph 3 of the Notary Code of Ethics also states that notaries are prohibited from conducting self-promotion in any form, including through social media. Therefore, legal consequences for notaries who continue to promote themselves through social media will be subject to sanctions based on violations of the Notary Code of Ethics and the Notary Law. The process of handling violations of the notary promotion code of ethics on social media involves supervision by two institutions: the Honorary Council and the Supervisory Board. The Honorary Council's main task is to supervise the implementation of the Notary Code of Ethics. Meanwhile, the Supervisory Board not only supervises the implementation of the Notary's job duties to ensure they comply with the provisions of the Notary Law, but also the Notary Code of Ethics and the Notary's behavior or life behavior.
Co-Authors Achmad Arifulloh, Achmad Aditya Nugraha, I Gede Putu Dharma Agustina, Histy Tria Anis Mashdurohatun Areta, Azzahra Lintang Aurelia, Gina Aziza, Adela Fitri Dekafela, Karina Via Fahryan, Ahmad Fidiyani, Nuraeni Fitriana, Intan Nur Hasana, Dahniarti Heldawati, Eka Putri Muliani Zabir, Andi Sri Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Purwantoko, Gilang Riyan Putri, Ainaya Qalbina Rahmawati, Desy Tri Riyanto, Taufan Fajar Rusilah, Eni Santa, Bagus Ariyanto Setyawati Setyawati Sri Kusriyah, Sri Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Utami, Fitri Pujianti Yustina, Isna Putri Zahra, Nabila Kartika