Patricia Audrey Ruslijanto
Faculty of Law, Brawijaya University Malang, Indonesia

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Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea Klaura Dwi Kinasih; Patricia Audrey Ruslijanto; Diana R.W. Napitupulu
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.334

Abstract

The advancement of digital technology has significantly transformed notarial practices, particularly regarding the use of electronic signatures in the creation of authentic deeds. This study provides a normative legal analysis comparing the regulation of electronic signatures by notaries in Indonesia and South Korea, focusing on legal certainty, document validity, and authenticity. In Indonesia, the regulation is governed by Law Number 11 of 2008 on Electronic Information and Transactions as last amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and the Notary Position Act (UUJN), which requires that deeds be signed in the physical presence of a notary. Meanwhile, South Korea comprehensively regulates this matter through the Electronic Signature Act (ESA) and the Notary Act, which authorizes notaries to use certified electronic signatures supported by a government-integrated digital verification system. This research employs a normative juridical approach with comparative legal analysis to examine the alignment and divergence of legal norms between the two countries, as well as their relation to the authenticity principle of deeds as stipulated in Article 1868 of the Indonesian Civil Code. The findings reveal that South Korea has fully implemented electronic signatures in notarial practice through robust legal and technological infrastructure, whereas Indonesia still faces normative conflicts among the ITE Law, the Notary Position Act, and the Civil Code. Therefore, regulatory harmonization is necessary to ensure that Indonesia's notarial system can transition toward digitalization while preserving authenticity and legal certainty.
Settings On The Search Index Deletion Mechanism In Order To Ensure Legal Certainty Anas Rafi Prakasya; Patricia Audrey Ruslijanto; Rachmi Sulistyarini
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.376

Abstract

The digital transformation in Indonesia has triggered fundamental changes in social and economic structures, but in parallel, it has given rise to the risk of permanent negative digital footprints that are destructive to human dignity, as confirmed in the case of the online loan data leak (the case of Indra and Aishah). The main legal problem lies in the existence of incomplete norms and regulatory disharmony between the judicial approach in the ITE Law (PP PSTE 71/2019), which requires a court ruling, and the administrative-autonomous paradigm in the PDP Law 27/2022. This study uses a normative legal method through a statute approach, a conceptual approach, and a comparative approach with prescriptive-analytical analysis techniques. The results show that the current judicial mechanism triggers "Absolute Segregation of Justice" due to cost barriers reaching 16 months of the minimum wage (UMP) and systemic delays (WJP score of 0.52). This study formulates a reconstruction of the mechanism through the transfer of authority from the judiciary to an independent PDP Supervisory Agency. This reconstruction is based on the ethical justification of data subject sovereignty and the application of the Balancing Test procedure through a transparent variable combination matrix. The study's conclusion confirms that the transformation to an administrative pathway is a legal imperative to address the compliance trap for ESOs and ensure legal certainty and the effective and efficient rehabilitation of data subjects' reputations in the era of surveillance capitalism.