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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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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.
Law Enforcement Against Notary for Loss Olographic Will Imanuel Santoso, Debora; Maskanah, Ummi; Narsudin, Udin
International Journal of Latin Notary Vol. 4 No. 2 (2024): Internasional Journal of Latin Notary, March 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v4i2.68

Abstract

The notary has the duties and responsibilities of making and at the same time keeping the olographic inheritance deed desired by the heir before he dies, which is written manually and contains the distribution of his inheritance after he dies without the potential heirs knowing. However, there are times when the olographic will is lost or damaged due to the notary's negligence, resulting in a loss to the maker of the olographic will. This study uses a descriptive normative juridical method; secondary data will be analyzed qualitatively through primary and secondary legal materials supplemented by interviews with notaries using purposive sampling. From the results of the research, it is known that based on Article 933 of the Civil Code requires that the will be submitted to a notary to be stored and sent to the Probate Court and the Central List of Wills. Furthermore, Article 1 paragraph (13) states that the notary has the duty and responsibility to keep the olographic will. Therefore, if the olographic kept by the notary is lost and or damaged, in addition to violating the code of ethics, it also violates Article 1365 of the Criminal Code in conjunction with Article 1367 of the Criminal Code so that the notary can be held accountable by the injured party based on Article 84 UUJN. 7 of 2016.
Harmonization of Electronic Signature Regulations in Notarial Practice: A Comparative Analysis of The Notary Law and The Electronic Information and Transactions Law Ninda Tria Permatasari; Narsudin, Udin; Yanthy, Dewy Nelly
International Journal of Latin Notary Vol. 6 No. 1 (2025): Internasional Journal of Latin Notary, September 2025
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v6i1.89

Abstract

The rapid development of digital technology has heightened the urgency of adopting electronic signatures in legal transactions, including notarial practice. However, regulatory disharmony between the Notary Law (UUJN) and the Electronic Information and Transactions Law (ITE Law) creates legal uncertainty in its implementation. The UUJN requires physical presence and manual signatures for authentic deeds, while the ITE Law recognizes the legal validity of electronic signatures. This study aims to analyse the regulatory disharmony between these two laws and to formulate a harmonisation framework for the implementation of electronic signatures in notarial practice. This research employs a normative juridical method, drawing on statutory and conceptual approaches. Data were collected through library research on primary and secondary legal materials and analysed qualitatively using the Miles and Huberman technique. The findings reveal three main aspects of disharmony: physical presence requirements, signature form specifications, and document authentication procedures. The study concludes that regulatory harmonization can be achieved through amendments to the UUJN that accommodate certified electronic signatures for official reports (akta relaas), while maintaining physical presence requirements for party deeds (akta partij). The harmonization framework requires electronic certification standards supervised by the National Cyber and Encryption Agency (BSSN), technical guidelines from the Indonesian Notary Association, and public education regarding the validity of digital documents. This research contributes to the legal discourse on modernizing notarial practice in Indonesia while maintaining legal certainty and document authenticity.
Co-Authors Anthon F. Susanto, Anthon F. Fauzie Yusuf Hasibuan Hendra Yakub Hj. Ummi Maskanah Imanuel Santoso, Debora Johan Rofi Lilik Mulyadi M. Hatta N, F. Davy Gunadi Natanegara, F. Davy Gunady Ninda Tria Permatasari Nurhayati Nurwidiatmo N Sumiany Sirait Teresia Din Verlyta Swislyn Windayanti, Winda Yanthy, Dewy Nelly Zulkarnain Koto