Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

Humaira, Maghfira; Latumeten, Pieter Everhardus

doi:10.21744/lingcure.v6ns5.2154

Cited by 3 publications

(4 citation statements)

References 32 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Belgium has also implemented a digital power of attorney for a more simplified use of notarial services (Beuker et al, 2019). The positive side of the COVID-19 pandemic for Belgium was also the acceleration of the main 94 Oksana Khorosheniuk, Viktor Savchenko, Oleh Andrukhiv, Anatoliy Babichev y Valerii Bortniak Notarial practice of will declaration in civil transactions in the countries of the European Union digitization process in the field of notarial services, which will contribute to the sustainable recovery of this industry (Humaira and Latumeten, 2022).…”

Section: Discussionmentioning

confidence: 99%

See 1 more Smart Citation

Notarial practice of will declaration in civil transactions in the countries of the European Union

Khorosheniuk

Savchenko

Andrukhiv³

et al. 2023

Cuest. Pol.

View full text Add to dashboard Cite

The aim of the article was to consider the peculiarities of the notarial practice of declaring will in civil transactions in the countries of the European Union EU, in view of the further adaptation of positive practices in Ukraine. The main methodological tools used in the research were the methods of observation and comparison. The conducted research showed that the European Regulation regulating the matter established the legal basis for the use of electronic trust services in notarial practice. The use of qualified electronic signatures and seals, electronic time stamps and authentication in this area gives confidence in a higher level of document security. The use of electronic ID and electronic trust services also simplifies time-consuming formalities in notarial practice. It was found that integrated video conferencing systems, business process workflows and electronic legal signature systems are becoming mandatory components of the digitization of notarial practice. Gaya, a European program for electronic identification, can be an example for the implementation of conditions for the current notarial practice of declaration of will in civil transactions in Ukraine.

show abstract

Section: Discussionmentioning

confidence: 99%

“…The study by Humaira and Latumeten (2022) was used in shaping the author's position. It emphasizes the legal expediency of the adopted legislative acts in the Netherlands and Belgium regarding the performance of notarial acts during the COVID-19 pandemic.…”

Section: Literature Reviewmentioning

confidence: 99%

Notarial practice of will declaration in civil transactions in the countries of the European Union

Khorosheniuk

Savchenko

Andrukhiv³

et al. 2023

Cuest. Pol.

View full text Add to dashboard Cite

show abstract

“…Notary as a state official has a very important position. The community used to recognize agreements based more on trust, but in modern times they feel legal certainty from transactions Within the scope of the duties of executing a Notary's position [19], Making proof desired by the parties for a specific legal action, and this evidence is at the legal level Civil, and that the Notary made the deed since the parties who presented requested it. The Notary will not make any deed without a request, and the Notary will make a deed based on evidence, information, or statements of the parties stated, explained, or shown to or before the Notary.…”

Section: Understanding the Principle Of Tablelionis Officium Fidelite...mentioning

confidence: 99%

The Principle of Tabellionis Officium Fideliter Exercebo Related To Cyber Notary

Lubis¹,

Siregar²,

Lubis³

2023

CJMS

View full text Add to dashboard Cite

This study aims to analyze the principle of Tabellionis Officium Fideliter Exercebo related to cyber notary. This principle states that a notary must work traditionally. The point is that a notary must work in a conventional way, namely making letters or deeds in real terms, not through the internet. This research is a descriptive research type of normative legal research. Normative legal research is research conducted by examining library materials or secondary data. Therefore, this study examines and analyzes the appropriate legal principles and theories to ensure legal certainty regarding the e-RUPS deed made by a Notary according to the Tablelionis Officium Fideliter Exercebo principle. The results of the study show that Cyber Notary cannot remove the duties of a notary who maintains the integrity of the product he produces as a complete piece of evidence. However, in order for an authentic electronic document containing an electronic signature to be used as evidence in a civil trial, it is not complete evidence and has evidentiary value, but is the same as an underhand deed. The biggest problem that arises is the debate about the validity of the deed made in the cybernotary system. There are also those who state that the cyber notary is contrary to the governing principle, or Tablelionis Officium Fideliter Exercebo, which means that the notary must act in a traditional way. In fact, cyber-notaries have existed since 1995, but have been hampered by the lack of an adequate legal basis.

show abstract

“…Notaries in common law countries are independent professionals while in civil law systems notaries are appointed by authorized officials so that they are an extension of the government's authority so that civil law notaries are authorized to carry out property, will and inheritance transactions and store them as archives. The concept of cyber notary is a concept that adapts the use of computers in cyber/online by notaries in carrying out their duties and authorities (Humaira & Latumeten, 2022). The application of this cyber notary concept differs from one country to another.…”

Section: Cyber Notary Concept: Indonesian Contextmentioning

confidence: 99%

Development of the Concept of Cyber Notary in Common Law and Civil Law Systems

Lubis¹,

Murwadji²,

Sunarmi³

et al. 2022

lhqr

View full text Add to dashboard Cite

This paper aims to identify the development of the cyber notary concept in the common law and civil law legal systems. This study uses a normative juridical approach. The type of data used in this paper is secondary data. This secondary data was acquired through document studies that were carried out by exploring libraries and the internet to find different library items, including textbooks, thesis/dissertation journal articles, and other library materials. Additionally, the notion of a cyber notary, which emerged from the Common Law System's legacy, has been extensively used in reality. Indonesia, a contemporary nation that belongs to this tradition of nations that follow the Civil Law System, is no exception. The rule of law and developments beyond the law are inextricably linked.

show abstract

Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

Cited by 3 publications

References 32 publications

Notarial practice of will declaration in civil transactions in the countries of the European Union

Notarial practice of will declaration in civil transactions in the countries of the European Union

The Principle of Tabellionis Officium Fideliter Exercebo Related To Cyber Notary

Development of the Concept of Cyber Notary in Common Law and Civil Law Systems

Contact Info

Product

Resources

About