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Urgensi Regulasi Cyber Notary Dalam Mendukung Kepastian Hukum Di Era Digital Abdillah, Satrio; Saputra, Hamanda Hadi
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1367

Abstract

The urgency of this research lies in the urgent need to address the gap in Cyber notary regulations that have the potential to weaken legal certainty in the digital era. This research aims to identify challenges and formulate a regulatory concept that is adaptive to technological developments. Thus, it is expected to strengthen legal protection for parties in electronic transactions. The focus of this research is in line with the Sustainable Development Goals (SDGs), especially Goal 16: Peace, Justice, and Strong Institutions. This research supports the creation of responsive and transparent legal institutions by strengthening Cyber notary regulations in the digital era. This research method uses a qualitative approach analyzed using NVivo 12 Plus through transcription, data import, coding, and visualization. Data validity is maintained through source triangulation to ensure the reliability of the findings. This study's findings indicate that implementing Cyber notary regulations in the digital era is critical to guarantee legal validity, increase legal certainty and protection, and support safe digital transformation in notary services. Implementing cyber notaries in Indonesia still faces significant obstacles: the absence of specific regulations, limited technological infrastructure, lack of human resources, digital competence, and high data security and privacy risks. Therefore, regulatory development needs to prioritize six main aspects: validation of electronic deeds, standardization of procedures and technology, data protection and privacy, improving the digital competence of notaries, periodic supervision, and dispute resolution mechanisms.
Optimizing Notary's Role in Creating Marriage Agreements in Pekanbaru After Constitutional Court Decision No. 69/PUU/XIII/2015 Aprilya, Nadilla; Abdillah, Satrio
JURNAL AKTA Vol 12, No 4 (2025): December 2025
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.v12i4.46810

Abstract

Constitutional Court Decision No. 69/PUU-XIII/2015 has brought about a significant paradigm shift in Indonesian marriage contract law, allowing for the creation of such contracts during the course of a marriage. This change necessitates a shift in the role of notaries from mere document creators to active and responsive legal educators. However, implementation in the city of Pekanbaru shows that the optimization of this role has not been fully achieved, marked by low legal literacy among the public, structural barriers, and the lack of integration between the notarial service system and regulations and technology. The main problem is the passive attitude of Notaries, who only respond to requests without proactively providing legal education. This empirical legal research aims to analyze and formulate a concept for optimizing the role of notaries in the creation of authentic marriage agreements following the Constitutional Court's decision in Pekanbaru. Using a sociological-legal approach with qualitative methods, this research is descriptive-analytical and exploratory in nature. Data collection was conducted through in-depth interviews, participatory observation, and focus group discussions, as well as document and literature studies. The research results indicate an increase in the creation of marriage agreement deeds following the Constitutional Court ruling, but the number remains low compared to the total number of marriages. The majority of clients come from highly educated groups and have economic-business motivations. The main challenges include inconsistent technical regulations, insufficient socialization, variations in notarial practices, and ineffective third-party protection mechanisms. As an innovation, this study proposes a model for transforming the role of notaries into a proactive-educational, inter-institutional collaborative, and digitally adaptive role. This model is expected to strengthen the position of notaries as an essential legal profession in protecting marriage law in Indonesia.