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Anggiat Tobing

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Full Name: Anggiat Tobing • Country: ID

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Preserved Journal Articles (2)

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JOURNAL ARCHIVE 2026-09-06 • Journal Customary Law

Reconstructing the Regulation of Virtual Legal Service Provision by Advocates in Indonesia Based on Legal Certainty and Client Protection

Anggiat Tobing, Faisal Santiago

Digital transformation has driven a shift in the pattern of legal service delivery from conventional services to virtual legal services, namely the provision of legal services by advocates through electronic media without the physical presence of the advocate and client. This practice has grown rapidly in Indonesia through the use of video conferencing, electronic mail, instant messaging applications, cloud computing, electronic signatures, Artificial Intelligence, and various digital legal platforms. This development has not been accompanied by the establishment of adequate legal regulations, resulting in a normative vacuum regarding the provision of virtual legal services, protection of client confidentiality, digital identity verification, the use of electronic documents, the use of Artificial Intelligence, and legal accountability in the digital ecosystem. This study aims to analyze the regulatory issues surrounding virtual legal services in Indonesia and to formulate a legal framework grounded in the principles of legal certainty and client protection. It employs normative legal research, drawing on statutory, conceptual, philosophical, and comparative approaches. Legal materials are analyzed qualitatively through prescriptive analysis. The findings show that Law Number 18 of 2003 on Advocates and the Advocates' Code of Ethics do not adequately address virtual legal services, creating regulatory inconsistencies with laws on electronic transactions, personal data protection, electronic evidence, and electronic systems. The proposed reconstruction includes establishing norms regarding the provision of virtual legal services, client digital identity verification, electronic powers of attorney, protection of digital communication confidentiality, the use of Artificial Intelligence, regulation of digital legal platforms, legal and ethical accountability, and the development of a Digital Advocates' Code of Ethics integrated with amendments to the Advocates Law and harmonization of various related laws and regulations. This reconstruction is expected to create an adaptive digital legal services system, provide legal certainty, strengthen client protection, and maintain the independence of the legal profession in the era of digital transformation

JOURNAL ARCHIVE 2026-06-05 • Journal Customary Law • pp. 1–14

Reconstruction of the Negative Publication System for Land Registration to Achieve Legal Certainty and Legal Protection for Rights Holders

Anggiat Tobing, Megawati Barthos

The land registration publication system plays a crucial role in establishing legal certainty, rights protection, and the stability of land transactions. Indonesia implements a negative publication system with a positive tendency, in which land certificates are recognized as strong evidence but remain open to lawsuits. This situation creates a paradox between the need for legal certainty and the demands of substantive justice, as certificate holders who have legally obtained rights still have the potential to face disputes in court. This study aims to analyze the construction of the land registration publication system in Indonesia, identify problems that affect legal certainty and protection, and formulate a reconstruction model that is more responsive to developments in legal practice and the digitalization of land administration. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach. The analysis is conducted on the national regulatory framework, land law doctrine, and judicial practice, which demonstrates differing interpretations of the evidentiary power of certificates. The results of the study indicate that the main weaknesses lie in the absence of strong state guarantees, regulatory fragmentation, and suboptimal protection for buyers in good faith. The reconstruction of the publication system is aimed at a hybrid model that strengthens positive elements without neglecting corrective mechanisms, the development of a compensation scheme based on state responsibility, and the harmonization of regulations that support the integration of digital land registry systems. A comparative approach to the Torrens system in Australia and continental European registration models provides lessons on the importance of rigorous initial verification, data transparency, and clear assurance mechanisms to increase public trust in the land registration system.

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