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The Effectiveness of Use of Electronic Signatures in Managing Banking Transactions Based on ITE Law Rolib Sitorus; Cathryn Aurora Chiudy
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.392 KB)

Abstract

The development of information technology that is used to assist human needs for the realization of an easier life has caused various changes, including the transition to electronic signatures. This study will present how the implementation of electronic signatures in banking transactions and the effectiveness in the use of electronic signatures for banking transactions based on the ITE Law. The government in regulating electronic signatures through legal policies and supervision of various legal institutions so that the focus in this paper is carried out with empirical normative juridical research methods by examining legal events in society. This study examines primary data and then secondary data consisting of primary, secondary and tertiary legal materials. The data collection method in this study was carried out through books, articles, and community behavior related to the problems studied. The type of research approach used is a qualitative research approach through the description, collection and interpretation of primary and secondary data. The data collected during the research will be analyzed using descriptive analysis techniques to get answers to the problems studied. The results of the research are expected to show that the use of electronic signatures in banking transactions is a collaboration between the Electronic Certification Operator (PSrE) and the bank itself. The effectiveness of the use of electronic signatures for banking transactions based on the ITE Law has fulfilled the elements as referred to in Article 11 and Article 12 paragraph 2 of the ITE Law related to the secure and safe use of electronic signatures by PSRE. The effectiveness of the use of electronic signatures for banking transactions can also be reviewed based on PP No. 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, as seen in Articles 60 to 64 that banking transactions in their implementation have used certified signatures. Based on Article 41 of POJK No. 77 of 2016 contains that the loan agreement can use an electronic signature. In this case, the author is of the opinion that electronic signatures in banking transactions are in line with applicable legal regulations and are effective in their use.
Legal Protection of Banks for the Cancellation of Land Certificates Due to Overlapping which are Being Breaked with Guarantee Rights Rolib Sitorus; Leonita
Jurnal Multidisiplin Madani Vol. 3 No. 4 (2023): April 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i4.1613

Abstract

The provision of credit by banks should receive legal protection for both creditors and debtors. One of the conditions for granting credit is the existence of a guarantee that functions to provide a sense of security for creditors against returning credit funds in the event of default or default. The problem in this study is the cancellation of property rights certificates burdened with mortgage rights due to overlapping. The protection given to banks in the event of cancellation of collateral objects in this writing is carried out by collecting library materials and also interviews with empirical normative methods. Empirical normative legal research is research conducted by examining literature and laws and regulations related to problems and information obtained based on interview results. The results of this research are expected to be useful and useful for the development of legal science, especially Civil Law, as well as the fields of Banking Law, Guarantee Law, and Agrarian Law. This research is expected to be used as a source of knowledge, especially how to protect banks in the event of cancellation of collateral objects and the settlement mechanism and preventive efforts made by the Land Agency of the City of South Tangerang to prevent overlapping certificate problems