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APPLICATION OF CYBER NOTARY IN THE POSITION OF NOTARY IN INDONESIA Santoso, Irwan
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6311

Abstract

A notary is a public official who is given the authority to make authentic deeds. In making authentic deeds, basically they still have to be made using conventional concepts as regulated in Article 1868 of the Civil Code. As technology develops, conventional methods are felt to hinder economic development, so opinions arise that cyber notary can be implemented. The aim of this research is to find out how cyber notary is implemented in Indonesia. The approach method used in this research is normative juridical using utilitarian theory with the concept of benefit and the lex superior derogate legi inferior theory. The results of this research are that the new cyber notary concept can be applied in making deeds for General Meetings of Shareholders of Limited Liability Companies as regulated in the Company Law and notary protocols in this case are still kept conventionally so changes are needed to the law on notary positions.Keywords: Cyber Notary; Information and Technology; Notary Public Position Act.
Notary Protection of Authentic Deeds as Evidence in Criminal Cases Santoso, Irwan; Prayitno, Ahmad Hadi
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. The purpose of this study is to determine and analyze the implementation of notarial protection for authentic deeds as evidence in criminal cases, to determine and analyze the obstacles and solutions to the implementation of notarial protection for authentic deeds as evidence in criminal cases. The research method used in this thesis is the sociological legal method. The results of the study indicate that: Obstacles to legal protection for notaries as public officials if indicated in a criminal case, which is regulated in this Law. Authentic deeds that must still be made and stored conventionally. Currently there are no regulations regarding the clarity of notarial actions that can be categorized as unlawful acts when carrying out their duties and responsibilities. The legal protection for notaries when carrying out their duties and responsibilities is not yet clear. There is no legal certainty that there are limitations in filing lawsuits by the parties when a violation of the law occurs by a notary, which of course must first be based on the results of the examination and determination of the Regional Supervisor/Regional Supervisor regarding the truth of the violation of the Notary Code of Ethics when carrying out their duties and responsibilities. Thus, a solution was drawn to overcome this, namely creating a mechanism regarding the obligation to provide evidence by the Notary Supervisor at the regional level so that the determination of the MPN becomes the basis for the parties to be able to file civil or criminal lawsuits.Keywords: Authentic Deed; Criminal Case; Legal Protection; Notary.