Strength of Evidence of Notarial Deed in the Perspective of Cyber Notary in Indonesia

Krisyanto, Tegas Hari; Daulay, Zainul; Beatrix, Benny

doi:10.18415/ijmmu.v6i3.906

Cited by 8 publications

(8 citation statements)

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“…This strengthening is used so that in the future the electronic document of an electronic transaction can have validation. Another aim is to make the electronic document irrefutable particularly from the other party which refutes the validity or existence of the electronic document (Krisyanto, Daulay, & Beatrix, 2019). In term of verification, electronic document can have authentic characteristic with a safe and accountable electronic system (Setiadewi, & Wijaya, 2020).…”

Section: The Ambiguity Of Information In the Elucidationmentioning

confidence: 99%

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Alincia

Sitabuana

2021

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The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.

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Section: The Ambiguity Of Information In the Elucidationmentioning

confidence: 99%

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Alincia

Sitabuana

2021

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“…capable people understand it. (9) The stages in making deeds conventionally are as follows: a) The tappers or parties come to the notary's office and then face the notary with the aim of conveying their wishes to be stated in the notary deed, b) After the notary hears the intentions of the parties' funds, the notary must can take what legal actions the parties want as well as provide legal education regarding the deed to be made whether it is in accordance with the law or not, c) After the notary knows the legal action desired by the parties, then the notary makes the deed in the form and method which has been listed in Article 38 of Law no. 2-2014.…”

Section: Notary Deed In the Form Of An Electronic Deedmentioning

confidence: 99%

Reliability of Notary Deals Issuing Authentic Assets Using Electronic Networks

Binsneyder

2021

IJMMU

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This study uses normative research because this research is only aimed at the study of various written regulations. Referring to the provisions of Law of the Republic of Indonesia Number 2 of 2014 concerning the Position of Notary Public (Law No.2-2014), it’s known that Notaries have an important role and function in determining the validity of transactions in Indonesia. Even the Notary is also known as a trusted third party. Likewise, in the scope of the task of carrying out the position of a Notary, namely providing the evidence needed by the parties in a certain legal action, and the evidence is at the level of civil law, where the Notary prepares a deed because of a request from the attending parties. Without requests and requests from the parties, the Notary will not make any deeds, and in making the intended deeds, taking into account the evidence or statements or statements of the parties that are stated or explained or shown before the Notary. Then the Notary prepares systematically, straight forwardly, formally and materially in the form of a Notary deed. Conflict of norms between Article 15 paragraph (3) and Article 16 paragraph (1) letter m of Law no. 2 of 2014 can be completed by continuing to use Article 15 Number (3) of Law no. 2 of 2014 and can also make a notary deed in general as long as the implementation of the article is in accordance with Article 16 paragraph (1) letter m and Article 38 of Law No. 2 of 2014 and must also meet the elements in Article 1868 of the Civil Code which is a requirement for the authenticity of the deed.

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“…The idea to implement cyber Notary in Indonesia has emerged since 1995, but with the variety of regulatory constraints and the lack of legal basis to facilitate this cyber support notary then only becomes a concept [11].…”

Section: Cyber Existence Notary In Indonesiamentioning

confidence: 99%

Authority and Power of the Law Relating to Cyber Deed Notary in Indonesia Era Industrial Revolution 4.0

Chamidah¹,

Krustiyati²,

Purwadi³

et al. 2019

IJEAT

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This study aims to determine the authority of the notary in a deed on electronic transactions carried out by the parties domiciled outside the office of a notary and to know the power of a notary deed that created by Cyber Notary in Indonesia. The method used in this research is the approach of legislation (The Statute Approach) and the path of the legal concept analysis (Analytical and Conceptual Approach). The results showed that the authority of the electronic notary deed is not bound by a notary office area so that the legal position same with notary office by deed made by the notary on electronic transactions conducted in the region of the notary office. The strength of the notarial deed made by a cyber notary has not yet ensured legal certainty that the power of a notarial deed made together with the strength of the deed under the hand.

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Strength of Evidence of Notarial Deed in the Perspective of Cyber Notary in Indonesia

Cited by 8 publications

References 0 publications

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Reliability of Notary Deals Issuing Authentic Assets Using Electronic Networks

Authority and Power of the Law Relating to Cyber Deed Notary in Indonesia Era Industrial Revolution 4.0

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