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All Journal Al-Iktisab: Journal of Islamic Economic Law Sultan Agung Notary Law Review
Agustan, Fajar
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of Law on the Future Challenges of Notaries in Indonesia in Facing the Cyber Notary Era Agustan, Fajar; Syahputra, Robert Dicky; Hafizh, Sulthan; Navisa, Fitria Dewi
Sultan Agung Notary Law Review Vol 6, No 4 (2024): December 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i4.42420

Abstract

This article discusses the harmonization of law in facing the future challenges of notaries in Indonesia in the Cyber Notary era. With the development of technology, traditional notary practices have undergone a significant transformation towards digitalization, creating a need to review the existing legal framework. This article focuses on two main problem formulations. First, the analysis of the suitability of laws and regulations with the needs of Cyber Notary practices in Indonesia. This evaluation includes whether existing regulations, such as the Notary Law, the Regulation of the Minister of Law and Human Rights, and the Law on Information and Electronic Transactions are sufficient to support electronic notaries and how legal harmonization can improve the certainty and effectiveness of notary services. Second, the interpretation and adaptation of existing legal principles to address legal and ethical challenges in the Cyber Notary era. This article examines aspects of document validity, personal data protection, and notary responsibilities in the context of digitalization. The main objective is to identify emerging legal challenges and provide recommendations for legal harmonization that can ensure integrity and trust in the notary profession in the digital era.
The Role of Aswaja Values in Enhancing the Professional Ethics of Notaries in Indonesia Agustan, Fajar
AL- IKTISAB Journal of Islamic Economic Law Vol 9 No 1 (2025)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v9i1.14294

Abstract

This research discusses the influence of Aswaja values on the professional ethics of notaries in Indonesia. The professional ethics of notaries, derived from the Greek word "ethos," encompass moral guidelines and social norms applied in the practice of notarial duties. Notaries in Indonesia are expected to perform their duties with integrity, adherence to the law, and in compliance with the code of ethics established by the Indonesian Notaries Association (INI). This code of ethics serves to regulate the behavior of notaries and ensure professionalism and integrity in providing legal services to the community. The methodology used in this rsearch is qualitative with normative legal approach. The results is, the values of Aswaja, upheld by Nahdlatul Ulama (NU), such as tasamuh (tolerance), amar ma’ruf nahi munkar (enjoining what is right and forbidding what is wrong), tawasuth and i'tidal (moderation and justice), and tawazun (balance), are highly relevant in shaping the professional ethics of notaries. These values encourage notaries to act honestly, fairly, and responsibly in carrying out their duties. For example, the value of tasamuh teaches tolerance and mutual respect, which are crucial in the professional and social interactions of notaries. Amar ma’ruf nahi munkar emphasizes the importance of acting rightly and avoiding wrongdoing, which is essential in maintaining the integrity of the profession. Tawasuth, i'tidal, and tawazun, meaning moderation and balance, urge notaries to be fair and prudent in every decision and action they take. By integrating Aswaja values into professional ethics, notaries in Indonesia can enhance the quality of their services, maintain public trust, and ensure the enforcement of fair and dignified laws. This research demonstrates that the application of Aswaja values in the professional ethics of notaries can strengthen integrity and professionalism and contribute to the creation of a better legal environment in Indonesia.
Co-Authors Fitria Dewi Navisa Hafizh, Sulthan Syahputra, Robert Dicky