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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.
The Complexity of Notarial Law in Indonesia: Application of the Concordance Principle Satrio Abdillah; Norhasliza Ghapa; Maheran Makhtar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3490

Abstract

This research aims to examine the urgency of implementing the concordance principle in the complex practice of notarial practice in Indonesia. The research method uses a thematic analysis approach, which is carried out by carefully examining a number of previous research documents and other relevant sources of information. To facilitate in-depth analysis, this study used Nvivo 12 Plus data analysis software. This research reveals that the application of the concordance principle in notarial practice in Indonesia has a significant impact. This principle creates legal certainty, protects public interests, increases efficiency, and supports harmonization with international standards. This also helps prevent legal conflicts, improve notary professionalism, and establish a strong and fair notarial system. By integrating diverse legal sources, the concordance principle maintains the continuity of quality notarial practice in Indonesia while enabling the country to remain in harmony with the demands of the international community in the areas of law and human rights.
Cyber Notary: Adaptation to Changes in Notary Practices in Indonesia Abdillah, Satrio; Ghapa, Norhasliza; Makhtar, Maheran
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.32490

Abstract

This study investigates the adaptation of notary practices in Indonesia in response to digital transformation, focusing on implementing cyber notary systems. This research focuses on analyzing the opportunities, challenges, and integration of traditional legal principles in the implementation of cyber notaries in Indonesia. Furthermore, this study aims to formulate a framework that supports the effective, safe, and sustainable implementation of cyber notaries in accordance with applicable legal provisions. This research uses normative legal methods with a conceptual and legislative approach to analyze the suitability of existing regulations for the implementation of cyber notaries in Indonesia. Thematic analysis using NVivo 12 Plus was used to identify patterns and relationships between themes from secondary legal sources, which were then validated normatively. The findings reveal that while cyber notary adoption can enhance notarial service delivery, significant obstacles remain, including limited digital literacy, inadequate technological infrastructure, and insufficient legal frameworks. The research highlights the necessity of comprehensive legal reform and increased public awareness to ensure the legality, fairness, and transparency of electronic document management. By proposing a legal framework tailored to Indonesia’s civil law context, this study contributes to the discourse on legal modernization and offers policy recommendations to strengthen public trust in digital legal services. This research normatively contributes to formulating a clear, legitimate, and transparent legal framework for cyber notaries in Indonesia.