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The Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany Koos, Stefan
The Indonesian Journal of Socio-Legal Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the implementation of cyber notary systems in Indonesia is still in a very early stage and not yet fully regulated. Consequently, it needs more discussion for the consistent integration of digital instruments for notarial work into the legal system of Indonesia. The article provides a comprehensive overview of the situation of the digitalization of notarial tasks in Indonesia. It presents some new developments in Germany that are relevant for cyber notaries and may be interesting for the development of digitalization of notarial work processes in Indonesia. Finally, the article will discuss some aspects of the ongoing digitalization that may affect the profession of notaries in the future. As in all legal professions, we are facing future disruptive developments through digitalization, namely with artificial intelligence, blockchain technology, or cloud computing. The article aims to show that AI and blockchain technology will not replace civil law notaries in the near and middle term but will be integrated into the daily work of notaries as supporting instruments.
Machine Acting and Contract Law – The Disruptive Factor of Artificial Intelligence for the Freedom Concept of the Private Law Koos, Stefan
UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(1).6890

Abstract

Technologic evolutions of the last two decades, such as the development of the internet, had a strong disruptive effect to the society and the economy. However, because of the flexible concepts of the civil law codifications a disruptive effect in the private law until now did not exist. Especially the legal consequences of the internet were integrated into the private law without bigger categorial or structural changes. This applies equally to most of the cases of the use of artificial intelligence (AI) in recent times. With more advanced development of AI-systems, though, it may not be possible anymore to apply the traditional terms of the private law to the use of AI without leaving the constitutional law background of the private law. This article discusses the impact of the use of a future advanced independent AI on the concept of the private autonomy in the contract law. Furthermore, it gives an overview on the new legislative approach of a human centric use of AI in the European Union.