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All Journal Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Mutiara: Multidiciplinary Scientifict Journal
Sudirman , Maman
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Religion Arts Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Mechanical Engineering Social Sciences

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Transforming Inheritance Law in the Digital Era: Challenges, Opportunities, and Adaptive Strategies for Indonesia Hardiyansyah, Tendri; Djaja, Benyy; Sudirman , Maman
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 6 No. 2 November 2024
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v6i2.10174

Abstract

The Fourth Industrial Revolution and Society 5.0 have introduced significant challenges to inheritance law in Indonesia, particularly with the emergence of digital assets that reshape concepts of ownership and inheritance. This research aims to explore the transformation of inheritance law in the digital era, identify challenges and opportunities, and formulate adaptive strategies. The study employs a qualitative approach with a normative and empirical juridical design, involving literature review, in-depth interviews, and focus group discussions. The findings reveal regulatory gaps in accommodating the inheritance of digital assets, complexities arising from the pluralism in inheritance law, and technical and security challenges in digital inheritance. On the other hand, blockchain technology and smart contracts present innovative opportunities. This research recommends a comprehensive revision of the existing legal framework, harmonization of legal pluralism, the adoption of technology within the inheritance system, enhanced digital literacy, and international cooperation to address cross-border issues. In conclusion, transforming inheritance law in the digital era requires a multidisciplinary approach that integrates legal, technological, and socio-cultural aspects to create a system that is adaptive yet grounded in Indonesia's local wisdom.
Analisis Yuridis Mengenai Tanggung Jawab Notaris Atas Pembuatan Akta Yang Cacat Hukum Ramdhan, Daddy; Djaja, Benny; Sudirman , Maman
Mutiara: Multidiciplinary Scientifict Journal Vol. 3 No. 10 (2025): Mutiara: Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v3i10.443

Abstract

This study examines the notary’s liability in drafting defective deeds from a juridical perspective, focusing on the normative basis, forms of liability, and resulting legal consequences. As public officials, notaries are mandated to ensure the validity of authentic deeds that carry full evidentiary force. However, in practice, defective deeds—whether due to formal or material defects—still occur, potentially causing losses to the parties involved. This issue is critical since it concerns the principles of legal certainty and the protection of individual rights. The research employs a normative juridical methode with statute, conceptual, and case approaches. Data were obtained through the analysis of legal doctrines, statutory provisions, and relevant court decisions. The findings indicate that notaries may be held liable in three dimensions: civil, criminal, and administrative. Civil liability arises when defective deeds result in losses for one of the parties, while criminal liability applies when a notary commits unlawful acts, such as falsification of identity or documents. Administrative liability relates to violations of the Notary Office Law and professional ethics. The legal consequences of defective deeds include annulment by the court, compensation claims, loss of evidentiary value, and sanctions imposed on the notary. The application of legal certainty theory highlights that defective deeds must be declared null and void to preserve the consistency and stability of the legal system. Meanwhile, the theory of legal protection emphasizes that notary liability serves as a safeguard for the rights of parties harmed by defective deeds. This study contributes theoretically to the development of notarial law and offers practical guidance for notaries to perform their duties with professionalism, prudence, and accountability.
Co-Authors Djaja, Benny Djaja, Benyy Hardiyansyah, Tendri Ramdhan, Daddy