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All Journal Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS Rule of Law Studies Journal
Sri Darmadi, Nanang
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Religion Humanities Law, Crime, Criminology & Criminal Justice 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.
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.
Reformulation of Judicial Principles in Judicial Review Cases Based on Open Legal Policy by the Constitutional Court Aulia, Teja; Sri Darmadi, Nanang
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 Agustina, Saptarina Dian Amalia, Dwi Nadrita Ananta Prakarsa, Tegar Atmoko, Dwi Aulia, Teja Djunaedi Djunaedi Faddil, Zainulloh Febramadhani, Intan Hafidh, Muhammad Hilmi, Faisal Luthfi, Muhammad Rifaldi Mahmudah, Santriany Mardiana, Fitri Mashuri Mashuri Mazwar, Mazwar Mi’rajiah, Dessy Nuriska, Citra Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwiningsih, Septya Sugiyono Sugiyono Sulistiawati Sulistiawati Taufiq, Luthfi Nurahmad Tri Bawono, Bambang Tria Agustina, Histy Tumanggor, Evans Ricardo Wahyuni, Ayuni Sri Widhi Handoko, Widhi