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All Journal JURNAL HUKUM Pembaharuan Hukum Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS Rule of Law Studies Journal
Nanang Sri Darmadi
Universitas Islam Sultan Agung Semarang
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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The Application of Apostille to Document Validation and Its Impact on the Role of Notaries in Indonesia from an International Legal Perspective Amalia, Dwi Nadrita; Sri Darmadi, Nanang; Handoko, Widhi
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

This study aims to analyze: 1) PThe implementation of the Apostille process in Indonesia and the perspective of international law. 2) The implementation of the Apostille system affects the role and responsibilities of notaries in Indonesia. This type of research is normative legal research. The type of data in this study is secondary data. The data collection method uses observation, interviews, and library techniques (document study). The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of Apostille replaces layered legalization with an efficient and internationally recognized public document validation mechanism. The 1961 Hague Convention simplifies document proof through a single official certificate, while in Indonesia the legal basis is stated in Presidential Regulation No. 2 of 2021, Permenkumham No. 6 of 2022, and Decree of the Minister of Law and Human Rights No. M.HH-01.AH.03.01 of 2022, with the Ministry of Law and Human Rights as the Competent Authority through the apostille.ahu.go.id portal, creating efficiency, transparency, and legal certainty. 2) The implementation of the Apostille expands the role of notaries from merely national deed-making officials to legal actors in the international civil evidence system. Notaries are now responsible for ensuring that each deed meets the formal requirements of Article 38 of the UUJN, the validity of the signature and official stamp, and the conformity of the data with the specimen signature in the Ministry of Law and Human Rights database so that the document can be affixed with an Apostille Certificate. In addition to formal responsibilities, administrative aspects require precision in document verification and electronic legalization procedures (Cyber Notary), while ethical responsibilities require integrity, intellectual honesty, and caution to avoid harm to others. In the digital era, notary responsibilities also include cybersecurity and personal data protection in accordance with Law No. 27 of 2022, so that electronic deeds remain valid, authentic, and trusted internationally. Thus, the Apostille system strengthens the strategic position of notaries as guardians of the credibility of Indonesian law, demanding professionalism, accountability, and mastery of digital legal technology.
The Validity of E-Signature in Authentic Deeds as Digital Transformation of Notaries Mazwar, Mazwar; Handoko, Widhi; Sri Darmadi, Nanang
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

This study aims to analyze: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia. 2) Challenges and solutions in the application of e-signature in authentic deeds by notaries. This type of research is included in the scope of normative legal research. The approach method in this research is legislation (statue approach). The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this research is qualitative analysis. The results of the research concluded: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia is still at the conceptual stage and does not yet fully have strong normative legitimacy. In positive law, Law Number 1 of 2024 concerning the Second Amendment to the ITE Law has provided a basis for recognizing electronic signatures as valid evidence, as regulated in Article 11 paragraph (1) and Article 5 paragraph (1). However, this recognition has not been harmoniously accommodated in Law Number 2 of 2014 concerning the Position of Notary, which still requires physical presence and manual signature as stated in Article 16 paragraph (1) letter m. The lack of synchronization between the two laws creates legal uncertainty regarding the authenticity of deeds made electronically. 2) The implementation of e-signatures in authentic deeds by notaries still faces various challenges that are normative, technical, and sociological. The disharmony between the ITE Law, PP No. 71 of 2019, and the Notary Position Law is the main obstacle that causes the lack of legal certainty regarding the validity of electronic deeds. On the other hand, limited digital infrastructure and low technological literacy among notaries and the public also slow down the process of notarial digitalization. Nevertheless, solution efforts in the form of regulatory harmonization, strengthening cybersecurity systems through Electronic Certification Providers (PSrE), and increasing notary digital competence are strategic steps that must be implemented immediately to ensure that electronic deeds have the same legal force as conventional authentic deeds. Thus, the success of the digital transformation of notaries can only be achieved if law, technology, and the ethics of the notary profession work in harmony to ensure legal certainty, justice, and legal protection for the parties.
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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Abstract

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.
Efforts to Eradicate Land Mafia in Banjarbaru City Tumanggor, Evans Ricardo; Sri Darmadi, Nanang; Tri Bawono, Bambang
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

Land mafia is a serious problem that can be detrimental to society and the state. As a serious problem, the law, which is a state instrument in national land management and is mandated to eradicate land mafia, has not been optimally implemented. This is evidenced by the increasing number of land mafia cases, including in the Banjarbaru City area. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in their interactions. That the real reality of life does not exist in the empirical realm that is also the realm of observation, it does not appear in the form of patterned and structured behavior that is objective (let alone normative) and therefore can be measured to produce quantitative data. Based on the research conducted, it was found that the implementation of efforts to eradicate land mafia in the Banjarbaru City area is currently not optimal, this is becauseThe absence of regulations regarding the criminal law enforcement process in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia. Therefore, the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia only regulate the implementation of handling land mafia cases with an administrative approach, this results in a lack of severe sanctions to create a deterrent effect for land mafia perpetrators inBanjarbaru City.
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.
Reformulation of Judicial Principles in Judicial Review Cases Based on Open Legal Policy by the Constitutional Court Teja Aulia; Nanang Sri Darmadi
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.213

Abstract

Background:In Indonesia's constitutional system, the Constitutional Court has the authority to review laws against the 1945 Constitution to ensure constitutional supremacy and protect citizens' constitutional rights. In practice, the Constitutional Court not only acts as a negative legislature, invalidating legal norms, but also, in some decisions, acts as a positive legislature through the application of the principle of judicial activism. However, the application of this principle often generates debate, particularly when it relates to norms of an open legal policy nature, which are essentially within the authority of the lawmakers. Aims:This study aims to analyze the application of the principle of judicial activism by the Constitutional Court in cases of judicial review of laws related to the norm of open legal policy, and to examine the consistency of its application in constitutional judicial practice in Indonesia. Methods:This study employs a juridical-normative research method with a case approach, a conceptual approach, and a comparative approach. Data were obtained through a literature review, encompassing primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of academic literature and legal doctrine. Data analysis was conducted qualitatively through a content analysis of Constitutional Court decisions related to the application of the principle of judicial activism. Result:The research results show that the Constitutional Court has applied the principle of judicial activism in several of its decisions by formulating or adding new legal norms during the judicial review process. However, this principle has not been consistently applied, particularly in cases related to open legal policy norms. In some decisions, the Constitutional Court has refused to review these norms, arguing that this falls within the authority of the legislators, while in other decisions, the Constitutional Court has intervened in norms that constitute open legal policy. Conclusion:This study concludes that the Constitutional Court's application of the principle of judicial activism still requires clearer parameters to avoid inconsistencies in its judicial review practices. Such clarity is crucial for maintaining a balance of power between the judiciary and the legislature and strengthening the Constitutional Court's role as a guardian of the constitution in a democratic state governed by the rule of law.
Co-Authors Achmad Arifulloh, Achmad Aditya Nugraha, I Gede Putu Dharma Agustina, Histy Tria Agustina, Saptarina Dian Amalia, Dwi Nadrita Ananta Prakarsa, Tegar Andi Aina Ilmih Anis Mashdurohatun Areta, Azzahra Lintang Arpangi Ary Patria Wisnu Atmoko, Dwi Aurelia, Gina Aziza, Adela Fitri Bambang Tri Bawono Carki Carki Dekafela, Karina Via Djunaedi Djunaedi Faddil, Zainulloh Fahryan, Ahmad Febramadhani, Intan Fidiyani, Nuraeni Fitriana, Intan Nur Gunarto Hafidh, Muhammad Hasana, Dahniarti Heldawati, Eka Putri Hilmi, Faisal Ibnu Adi Prasetyo Jawade Hafidz Luthfi, Muhammad Rifaldi Mahmudah, Santriany Mardiana, Fitri Mashuri Mashuri Mazwar, Mazwar Mi’rajiah, Dessy Muliani Zabir, Andi Sri Nuriska, Citra Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwantoko, Gilang Riyan Purwiningsih, Septya Putri, Ainaya Qalbina Rahmawati, Desy Tri Riyanto, Taufan Fajar Rusilah, Eni Santa, Bagus Ariyanto Setyawati Setyawati Shinta Rahmatika Damayanti Sri Kusriyah, Sri Sugiyono Sugiyono Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Sulistiawati Sulistiawati Taufiq, Luthfi Nurahmad Teja Aulia Tri Bawono, Bambang Tria Agustina, Histy Trubus Wahyudi Tumanggor, Evans Ricardo Utami, Fitri Pujianti Wahyuni, Ayuni Sri Widayati Widayati Widhi Handoko, Widhi Yasozisokhi Zebua Yulianto Timang Yustina, Isna Putri Zahra, Nabila Kartika