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All Journal Jurnal Nuansa Kenotariatan Jurnal Penelitian Hukum Legalitas Jurnal Scientia Fox Justi : Jurnal Ilmu Hukum i-Latinnotary Journal: Internasional Journal of Latin Notary Jurnal Multidisiplin Sahombu
Narsudin, Udin
Universitas Pasundan
Arts Humanities Astronomy Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : i-Latinnotary Journal: Internasional Journal of Latin Notary

 1 
Regulating Pre-Marital Debts in Indonesian Marital Property Law Nurhayati; Narsudin, Udin; N, F. Davy Gunadi
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.100

Abstract

This study explores the legal treatment of pre-marital debt in Indonesia’s marital property regime, particularly in the absence of prenuptial agreements, and assesses the regulatory implications for spousal autonomy and legal certainty. Although Indonesian law distinguishes between joint and separate property, it lacks clear provisions governing the classification and enforcement of financial obligations incurred prior to marriage. Drawing upon statutory analysis and landmark case law, the research reveals a significant normative gap in how pre-marital debts are addressed, often leaving spouses vulnerable to unpredictable liabilities and judicial discretion. Through a comparative legal approach, the study evaluates regulatory models from the Netherlands, the United States, and the United Kingdom—jurisdictions that apply rigorous safeguards such as mandatory financial disclosure, independent legal advice, and substantive fairness reviews in the enforcement of prenuptial agreements. These systems emphasize informed consent and contractual autonomy, while also protecting economically vulnerable spouses through equitable enforcement standards. The analysis highlights the need for Indonesia to reform its legal framework to ensure fairness and predictability in marital financial arrangements, particularly in light of increasing cross-border marriages and complex property dynamics. The study recommends the adoption of mandatory debt disclosure laws, procedural safeguards for marital contracts, and harmonization strategies aligned with international best practices in private family law.
The Legal Consequences of Unregistered Prenuptial Agreements: Examining the Implications for Third Parties Windayanti, Winda; Narsudin, Udin; Natanegara, F. Davy Gunady
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.101

Abstract

This article critically examines the legal consequences of unregistered prenuptial agreements under Indonesian law, particularly with respect to their enforceability against third parties. Although Article 29(1) of Law No. 1 of 1974 on Marriage permits the creation of prenuptial agreements prior to marriage and affirms their binding effect beyond the spouses, the absence of formal registration renders such agreements legally invisible to third parties. This legal invisibility undermines the principle of legal certainty (rechtszekerheid), exposing creditors, heirs, and business partners to significant legal and financial risks. Using a doctrinal-normative approach complemented by socio-legal perspectives, the study analyzes statutory frameworks, judicial interpretation and scholarly debates surrounding publicity, contractual freedom, and third-party protection. The findings reveal a tension between private autonomy and public legal order in marital property law, especially where administrative formalities determine enforceability. The study concludes that unregistered agreements, while valid inter partes, fail to fulfill their intended protective function in broader legal relationships. It proposes reforms including the establishment of a centralized national registry, enhanced procedural duties for notaries and marriage registrars, and public education campaigns to increase awareness of registration requirements. These recommendations aim to ensure legal certainty, protect third-party interests, and harmonize Indonesia’s family law regime with international standards of legal transparency and accountability.
P2P Lending: Legal Framework for Electronic Contracts Hatta, M.; Susanto, Anthon F.; Narsudin, Udin
International Journal of Latin Notary Vol. 5 No. 2 (2025): Internasional Journal of Latin Notary, March 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i2.103

Abstract

This study examines Peer-to-Peer (P2P) Lending, a form of financial technology (Fintech) that directly connects lenders and borrowers through digital platforms, eliminating the traditional role of banking intermediaries. The research aims to address two key legal questions: How do electronic contracts protect the parties, and how does the electronic contract become valid and binding in P2P lending? This study employs a combination of literature review and fieldwork, utilizing secondary and primary data collected through document analysis and interviews. The data were analyzed using a juridical-qualitative method. The findings show that conventional civil law generally regulates contracts, but does not explicitly address the nature and enforcement of electronic contracts. Legal protection in digital loan agreements is established through the principles of digital governance, particularly regarding the rights, obligations, and liabilities of the parties. An electronic contract is considered valid when the essential elements of a contract are fulfilled and supported by a verifiable electronic signature, under widely accepted legal and technological standards. The study concludes that while existing contract law provides a general foundation, digital transactions require adaptive legal interpretations to ensure enforceability, accountability, and user protection in the evolving digital financial ecosystem.
Co-Authors Anthon F. Susanto, Anthon F. Fauzie Yusuf Hasibuan Hendra Yakub Johan Rofi Lilik Mulyadi M. Hatta N, F. Davy Gunadi Natanegara, F. Davy Gunady Nurhayati Nurwidiatmo N Sumiany Sirait Teresia Din Verlyta Swislyn Windayanti, Winda Zulkarnain Koto