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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Lex Generalis
Worang, Ruth Felyta
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Law, Crime, Criminology & Criminal Justice

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Hukum Trust dalam Sistem Hukum Common Law dan Civil Law Worang, Ruth Felyta
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.799

Abstract

Trust law, which originated in England with its unique legal characteristic inherent to the common law system, has, under influence of globaligzation, been adopted and applied in civil law jurisdiction. One of its defining features, dual ownership, poses significant challenges when implementing trust law in countries with civil law systems. However, research indicates that civil law jurisdiction such as India, Japan, and Indonesia have adopted the trust concept by incorporating domestic legal principles, such as the principles of obligation, contractual frameworks, and the application of the jus-in-personam theory, to address the fundamental differences with the dual ownership principle. These adaptations, tailored to the respective legal systems of civil law countries, have enabled the application of trust law without relying on the dual ownership principle.
Meninjau Kembali Pengimplementasian Apostille di Indonesia: Apakah Notaris Harus Diberi Kewenangan Apostille? Worang, Ruth Felyta; Anita Afriana; Nanda Anisa Lubis; Matteo Rossi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6599

Abstract

Indonesia’s accession to the Apostille Convention, through Presidential Regulation No. 2 of 2021, represents a significant step toward simplifying the legalization process for documents intended for cross-border use. However, the implementation of the Apostille in Indonesia continues to face legal challenges, particularly concerning the verification period, which often exceeds the time limits stipulated in Regulation of the Minister of Law and Human Rights No. 6 of 2022. This issue has prompted discussions about transferring Apostille authority to notaries, by leveraging cyber notary systems to support notarial tasks related to Apostille issuance. This study employs a normative juridical approach combined with comparative legal analysis. This findings indicate that delegating Apostille authority to notaries may enhance the flexibility and efficiency of the Apostille process, given that notary are widely distributed across Indonesia and are bound by professional code of ethics and ethical accountability in performing their duties. A cyber notary system, particularly in the form of digitally authenticated official signatures managed by the Ministry of Law in coordination with the Indonesian Notary Association (Ikatan Notaris Indonesia), could significantly support notaries in the issuance of Apostille certification.
Co-Authors Anita Afriana Matteo Rossi Nanda Anisa Lubis