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LEGAL IMPLEMENTATION OF CYBER NOTARY REGULATION: IMPLEMENTATION OPPORTUNITIES AND LEGAL CHALLENGES IN INDONESIA Mirabel Rahma Nesiabila; Mochamad Fachrurozi; Edi Anggara Febriana; Ratu Citra Fatihanisa; Azriel Chayrul Fabian has; Alya Putri Nasution; Aurelllia Dianti
Jurnal Abdisci Vol 2 No 9 (2025): Vol 2 No 9 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i9.696

Abstract

Abstract Background. This study reviews how regulations related to cyber notaries are implemented in Indonesia. The main focus lies in the effectiveness of implementation and the gap between the potential use of cyber notary technology and the lack of optimal regulations that regulate it as a whole. Although the Electronic Information and Transaction Law (ITE Law) has become the legal basis, the lack of technical regulation still makes the implementation of cyber notary vulnerable to legal uncertainty. Aims. This study also analyzes the fundamental differences in the concept of cyber notary in civil law legal systems such as Indonesia and common law, which underlines the importance of appropriate regulatory adjustments. The issue of electronic data security is a major concern, so clear rules are needed regarding electronic certification and institutions that have the authority to regulate it. Methods. This research uses a qualitative approach with a descriptive method in data collection and analysis. Conclusion. The study's conclusion shows that although cyber notaries have great potential to increase efficiency and effectiveness in the notary field, more complete and systematic regulations are needed to ensure data security, the validity of electronic documents, and legal certainty in Indonesia. Implementation. The application of this technology is an important step in balancing the development of digitalization, which needs to be realized immediately in order to encourage modernization in notary practice.
Legal Analysis of the Criminal Offense of Online Arisan Investment Fraud Alya Putri Nasution; Alip Rahman; M. Noupel
Interdisciplinary Social Studies Vol. 5 No. 3 (2026): Interdisciplinary Social Studies
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i3.1153

Abstract

The rapid expansion of digital financial transactions has significantly increased the prevalence of online investment fraud, including fraudulent online arisan schemes that exploit public trust through promises of unrealistic returns. Despite the enactment of Indonesia's new Criminal Code, challenges remain regarding the legal interpretation and judicial application of fraud provisions in technology-based financial crimes. This study aims to analyze the modus operandi of online arisan investment fraud, evaluate the effectiveness of positive criminal law in protecting victims, and examine the legal reasoning employed by judges in Decision Number 47/Pid.B/2025/PN.Cbn. This research employed a qualitative normative juridical approach using a case study design. Primary legal materials consisted of court decisions, the Indonesian Criminal Code, Law Number 1 of 2023 concerning the Criminal Code, and relevant statutory regulations, while secondary materials included scholarly journals, legal doctrines, books, and official publications. Data were collected through document analysis and literature review, and analyzed using statutory, case, and conceptual approaches supported by qualitative thematic analysis. The findings demonstrate that the defendant intentionally employed deception, false promises, and misleading investment offers to unlawfully obtain financial gain from multiple victims. The court concluded that all legal elements of fraud under Article 378 of the Criminal Code had been satisfied, resulting in a conviction supported by comprehensive judicial reasoning grounded in the principles of legal certainty, justice, and evidentiary standards. The study concludes that judicial reasoning plays a crucial role in ensuring effective law enforcement against online investment fraud, while reinforcing legal certainty and strengthening victim protection within Indonesia's evolving digital legal environment.