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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan Acten Journal Law Review
Aulia, Farah Nizrina
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Rekontruksi Asas Tabellionis Officium Fideliter Exercebo Dalam Perspektif Cyber Notary: Studi Perbandingan Indonesia dan Amerika Serikat Aulia, Farah Nizrina; Ali, Moh.; Sari, Nuzulia Kumala
Acten Journal Law Review Vol. 2 No. 2: Aug 2025 (on process)
Publisher : PT Matra Cendikia Abadi

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Abstract

Cyber ​​notary as part of the development of digital technology has become a new innovation in notary services. However, in the midst of the presence of cyber notary, it raises new challenges, especially in the aspect of the classical principles of notary, especially the principle of Tabellionis Officium Fideliter Exercebo which is oriented towards the notary's devotion to the duties that have been carried out so far. This article is oriented to examine the concept of cyber notary and the principle of Tabellionis Officium Fideliter Exercebo in terms of challenges and implementation. In addition, this article contains a comparative study of other countries using the United States as a reference for comparison as well as a representative of the use of cyber notary. This research is a legal research that uses a statutory approach and a comparative approach to describe ideas for the renewal of notary law in the aspect of cyber notary in Indonesia. The result of this research show The concept of cyber notary has shifted the paradigm of conventional notaries based on physical to digital systems. However, in its implementation, it does face quite big challenges. A comparative study with the United States through the RON system shows that this country has succeeded in adjusting notary integrity with job accountability through legal means and infrastructure, as well as forming national standards that represent technological progress without sacrificing ethical aspects. Therefore, there needs to be a rigid regulation in the Notary Law that represents progressive positive law in responding to the challenges of the development of the era, by reformulating notary law that not only accommodates technological devices, but also reconstructs the meaning of job fidelity in aspects that are in accordance with the values ​​of trust and caution.
URGENSI PENEGAKAN ASAS MONOGAMI DAN PENYETARAAN GENDER DALAM HUKUM PERKAWINAN INDONESIA Aulia, Farah Nizrina; Rato, Dominikus; Ali, Mohammad
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.10556

Abstract

The principle of monogamy as stated in the Indonesian Marriage Law is the principle adopted by the law, which states that in a marriage a husband may only have one wife and vice versa. However, the law also explains the permissibility of a husband practicing polygamy or having more than one wife by fulfilling the stipulated requirements. Often in practice, the right to polygamy is misused so that injustice or gender inequality arises. In addition, the Compilation of Islamic Law (KHI) is also the basis for regulating polygamy, which is regulated in Articles 55 to 59. Article 55 of the KHI firmly states that a man who practices polygamy will be limited to up to four wives by fulfilling the main requirement, namely that there must be fair treatment from the husband towards his wife and children. If the husband violates the main requirements, then he is not allowed to practice polygamy. The researcher uses a normative legal method in research or is generally called doctrinal legal research, this method is a method that emphasizes the investigation of the application of legal norms or positive rules that are enforced and associated with the enforcement of the principle of monogamy in Indonesian marriage law. In addition, this study uses a comparative technique between marriage law and a compilation of Islamic law related to the principle of monogamy that is enforced in marriage in Indonesia. Polygamy in marriage in Indonesia must be understood as an alternative path or a choice to do it or not in a truly emergency situation. Therefore, the principle of monogamy needs to be enforced, namely by a man being limited to having more than one wife except in urgent conditions.
Co-Authors Dominikus Rato Moh. Ali Mohammad Ali Nuzulia Kumala Sari