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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam TABELLIUS
Mazwar, Mazwar
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Validity of E-Signature in Authentic Deeds as Digital Transformation of Notaries Mazwar, Mazwar; Handoko, Widhi; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia. 2) Challenges and solutions in the application of e-signature in authentic deeds by notaries. This type of research is included in the scope of normative legal research. The approach method in this research is legislation (statue approach). The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this research is qualitative analysis. The results of the research concluded: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia is still at the conceptual stage and does not yet fully have strong normative legitimacy. In positive law, Law Number 1 of 2024 concerning the Second Amendment to the ITE Law has provided a basis for recognizing electronic signatures as valid evidence, as regulated in Article 11 paragraph (1) and Article 5 paragraph (1). However, this recognition has not been harmoniously accommodated in Law Number 2 of 2014 concerning the Position of Notary, which still requires physical presence and manual signature as stated in Article 16 paragraph (1) letter m. The lack of synchronization between the two laws creates legal uncertainty regarding the authenticity of deeds made electronically. 2) The implementation of e-signatures in authentic deeds by notaries still faces various challenges that are normative, technical, and sociological. The disharmony between the ITE Law, PP No. 71 of 2019, and the Notary Position Law is the main obstacle that causes the lack of legal certainty regarding the validity of electronic deeds. On the other hand, limited digital infrastructure and low technological literacy among notaries and the public also slow down the process of notarial digitalization. Nevertheless, solution efforts in the form of regulatory harmonization, strengthening cybersecurity systems through Electronic Certification Providers (PSrE), and increasing notary digital competence are strategic steps that must be implemented immediately to ensure that electronic deeds have the same legal force as conventional authentic deeds. Thus, the success of the digital transformation of notaries can only be achieved if law, technology, and the ethics of the notary profession work in harmony to ensure legal certainty, justice, and legal protection for the parties.
The Implementation of PT PEMA's Corporate Social Responsibility in Supporting the Enforcement of Islamic Sharia in Aceh Jafar, M.; Yahya, Azhari; Adli, M.; Mazwar, Mazwar; Alidar, EMK.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i2.34204

Abstract

This study examines the implementation of Corporate Social Responsibility (CSR) by PT Pema within the legal framework of Aceh’s special autonomy and the application of Islamic Sharia. At both the national and regional levels, Indonesian laws and Acehnese qanun require companies operating in the natural resources sector to undertake CSR initiatives. As a regionally owned enterprise (BUMD) engaged in natural resource management and domiciled in Aceh, PT Pema is legally and morally obligated to implement CSR programs that benefit the surrounding community and environment while aligning with Islamic Sharia principles. However, the implementation of CSR at PT Pema faces various legal and practical challenges, particularly concerning regulatory consistency, governance, and conformity with Sharia values. This research employs an empirical legal approach, analyzed through the lens of Corporate Social Responsibility theory. Primary data consist of laws and regulations governing CSR, relevant Acehnese qanun, and other legal instruments related to the study. Secondary data were obtained through in-depth interviews with key informants, including academics and representatives of PT Pema. The findings reveal that the legal framework governing CSR obligations for PT Pema remains fragmented and, in some respects, contradictory, resulting in legal uncertainty. Nevertheless, PT Pema has continued to implement CSR programs in accordance with applicable legal provisions. Its CSR initiatives encompass religious, social, and economic empowerment programs, including efforts to strengthen Islamic values, enhance religious understanding, and support the construction of places of worship. These initiatives demonstrate that PT Pema’s CSR practices not only fulfill legal obligations but also contribute to supporting the implementation of Islamic Sharia in Aceh.
Co-Authors Adli, M. Alidar, EMK. Azhari Yahya M. Jafar Sri Darmadi, Nanang Widhi Handoko, Widhi