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All Journal Jurnal Hukum Prasada International Journal of Educational Review, Law And Social Sciences (IJERLAS)
M. Sudirman
Universitas Brawijaya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Legal Certainty for The Reading and Signing of The Deed through Teleconferencing Media During The Covid 19 Fahrul Ramadan; Reka Dewantara; M. Sudirman
Jurnal Hukum Prasada Vol. 9 No. 1 (2022): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1016.288 KB) | DOI: 10.22225/jhp.9.1.2022.7-19

Abstract

The Covid 19 pandemic hit Indonesia, in the hampering of notary work in carrying out their duties and positions due to the establishment of large-scale social restrictions (PSBB). As a result, many notaries closed their offices and conducted deed-making services using electronic technology and teleconferencing media. The problem studied in this study is 1) How is the validity of the reading and signing of deeds implemented through teleconferencing media during the Covid 19 pandemic? 2) How to reconceptualization of the arrangement of reading and signing of deeds implemented through teleconferencing media in realizing legal certainty during the Covid 19 pandemic period and after the Covid 19 pandemic period ends? This type of normative research uses statute approach, conceptual approach, and case approach. The results of this study were found: It needs to be written in the head of the deed regarding the reading of the deed using teleconferencing media, at the end of the deed is written a description of the use of digital signatures. At the time of reading the deed through the teleconference media Notary must be in his position for the creation of legal certainty where the deed is made. The need for the expansion of the meaning of the face in article 16 paragraph (1) letter m UUJN to face directly or use teleconferencing media. The meaning of signatures in UUJN needs to be expanded in meaning with digital signatures. The anatomy of the deed in Article 38 of UUJN needs to be changed in the form of deeds made through teleconferencing media and using digital signatures. Recommendations for the government need to harmonize article 5 paragraph (2) of the UU ITE with UUJN for the creation of legal certainty on deeds made by and before notaries digitally both the results and the process of making deeds
THE LEGAL CERTAINTY OF ELECTRONIC EVIDENCE AUTHENTICATION UNDER THE CIVIL PROCEDURE LAW IN INDONESIA Kevien Dicky Aldison; Patricia Audrey Ruslijanto; M. Sudirman
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4219

Abstract

This study examines the legal certainty of electronic evidence authentication under the Civil Procedure Law in Indonesia. The research highlights the importance of providing regulation to authenticate electronic evidence, as stated in Article 5 of Law Number 1 of 2024, which concerns the Second Amendment to Law Number 11 of 2008 regarding Electronic Information and Transactions. The study adopts a normative juridical approach; the researcher's focus in this legal research is on legal principles and legal inventory research. The researcher aims to analyze the legal principles governing electronic evidence and its authentication process in civil procedure law. The primary purpose of this research is to ensure that legal certainty regarding the authentication of electronic evidence is achieved perfectly and comprehensively. It is considered necessary, given that civil procedure law in Indonesia has not explicitly regulated the authentication mechanism for electronic evidence until now. Therefore, by adding legal provisions that specifically restrict the authentication of electronic evidence in civil procedure law, the value of legal certainty can be achieved fully and comprehensively. This research is expected to contribute in the form of conceptual and normative analysis that can strengthen the argument regarding the urgency of regulating the authentication of electronic evidence. Thus, the results of this research not only provide an academic foundation but also offer constructive ideas that are relevant to the development of civil procedure law in Indonesia, particularly in the context of resolving civil disputes involving the use of electronic evidence.
Co-Authors Fahrul Ramadan Kevien Dicky Aldison Patricia Audrey Ruslijanto Reka Dewantara