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Journal : Journal of Social Research

Cyber Notary In The Indonesian Legal System: Its Urgency and Implementation Fernando, Gustianus; Djajaputra, Gunawan
Journal of Social Research Vol. 4 No. 6 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i6.2553

Abstract

Advances in information technology have driven transformation in various sectors, including the legal field, especially the notary profession. This article aims to analyze the urgency and challenges of the implementation of cyber notary in the Indonesian legal system. The method used is a juridical-normative approach with an analysis of relevant laws and regulations and a comparative study of cyber notary practices in other countries, such as the United States and Estonia. The results of the study show that cyber notaries offer various advantages, such as time and cost efficiency, increased access to legal services in remote areas, and adaptability in emergency conditions such as pandemics. However, its implementation in Indonesia faces significant obstacles, including regulatory limitations that still require physical presence in the making of deeds, weak technological infrastructure, and low digital literacy among notaries and the public. The discussion emphasized that without legal reform and strengthening of the cybersecurity system, the implementation of cyber notary will only be a concept without realization. It is necessary to revise the Law on the Notary Position and the establishment of special regulations that regulate online procedures, digital identity validation, and a valid and secure electronic document storage system. In conclusion, cyber notaries are an urgent need in the digital era. With the right legal, technological, and socialization support, this system can become an integral part of the modernization of notary services in Indonesia.
The Good Faith Of The Buyer Who Controls The Land Based On The Land Sale And Purchase Receipt (Supreme Court Decision Number 801 K / Pdt / 2022) Rinaldi, Renitha Putri; Djajaputra, Gunawan
Journal of Social Research Vol. 2 No. 8 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i8.1233

Abstract

In Land Law in Indonesia, valid evidence for someone to prove himself as the holder of land rights is the existence of a land certificate in which the name of the right holder is written. With the land certificate, the holder of land rights already has juridical power over the land. Through land certificates that provide juridical control, land rights holders are also entitled to physical control of the land. The position of the landholder whose name and land has been registered is strong which is guaranteed certainty and legal protection. In the event that land becomes the object of sale and purchase, there are conditions and characteristics of buying and selling land that must be met in order for the legal act to be valid. To prove that there has been a sale and purchase of land, it is necessary to prove the existence of a Sale and Purchase Deed made by the Land Deed Making Officer. With the deed, the sale and purchase of land can be registered with the Land Office to provide legal certainty and protect the buyer as the holder of new land rights. The problem is when the process of buying and selling land stops at the process of paying prices only. Meanwhile, the buyer has mastered the land based on the receipt of payment of the sale and purchase price. For this reason, it is necessary to examine the good faith of buyers in buying and selling land in cases based on Supreme Court Decision Number 801 K / PDT / 2022. This research used normative legal research, which was carried out through literature studies. Research methods in analyzing and processing data are carried out qualitatively and are descriptive analytical with deductive logic conclusions.
LEGAL CONSEQUENCES OF SALE AND PURCHASE OBJECTS OF TESTAMENTARY GRANT Siahaan, Debby Flora; Djajaputra, Gunawan
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1741

Abstract

This writing was motivated by the Surabaya District Court Decision Number 1270/Pdt.G/2021/PN.Sby whose case was regarding the Deed of Sale and Purchase which the object of sale and purchase had been made as an object of a testamentary grant and had been included in the Testament Grant Deed Number 119. The implementation of the sale and purchase is carried out using a Power of Attorney to Sell where the Seller is an elderly woman who is 78 years old and suffers from memory impairment that also known as dementia, so the Seller does not remember that she had made a transaction buying and selling of land that has been given as a testamentary grant. The seller signs the Power of Attorney to Sell without the consent of hes heirs and the sale and purchase was carried out without the knowledge of the seller's family. This writing was written using normative research methods by collecting legal materials regarding testamentary grants and linking Decision Number 1270/Pdt.G/2021/PN.Sby with applicable laws and regulations, and with literature studies in the form of articles that relating to testamentary grants. The conclusion that can be drawn from this research is that the panel of judges has been unwise in carrying out legal considerations in Decision Number 1270/Pdt.G/2021/PN.Sby and the Notary who made the Power of Attorney to Sell must apply the precautionary principle so there will be no dispute over the object of sale and purchase in the future