The Position of Digital Pre-Nuptial Agreements in The National Civil Law System

Abstract

The development of digital technology has brought fundamental changes to the civil law paradigm in Indonesia, particularly in the drafting and ratification of prenuptial agreements. The shift from physical documents to electronic documents raises legal questions regarding the validity, evidentiary power, and legal legitimacy of digitally created agreements. This article aims to comprehensively analyze the position of digital prenuptial agreements in the national civil law system through a normative and theoretical approach, by examining the synchronization between applicable regulations and their conformity with the principles of contract law. This research uses a normative juridical method with qualitative analysis, focusing on the interpretation of Article 29 of Law Number 1 of 1974 concerning Marriage, Articles 1338 and 1868 of the Civil Code, and Law Number 11 of 2008 concerning Information and Electronic Transactions. The research results show that in principle, Indonesian positive law has recognized electronic documents and digital signatures as valid evidence, but their application in the context of notaries and family law is still hampered by regulatory rigidity and the absence of explicit provisions regarding digital notaries. The absence of norms that expressly regulate electronic prenuptial agreements creates a legal vacuum that impacts uncertainty and vulnerability of legal protection for the parties. Therefore, the urgency of notary law reform and cross-regulatory harmonization is absolute to guarantee the validity, evidentiary power, and legal protection of digital prenuptial agreements.