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Akibat Hukum Notaris Menggunakan Website Pribadi Dalam Memberikan Pelayanan Jasa Kepada Masyarakat Kinasih, Nadia Pitra; Himma, Azizahtul
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.4

Abstract

The use of Notary websites is now widely used by Notary Public groups in various regions. As we know, it has not been specifically regulated in the Law on the Position of Notaries or the Code of Ethics regarding websites as intermediaries between clients and Notaries. This legal vacuum has caused Notaries to start opening services via personal websites. However, there are still pros and cons related to the use of electronic media in Notary services through websites that are currently being carried out, whether the use of websites or other electronic media is allowed or not in Notary Services and their legal consequences. The type of research used is the normative legal research method. The approach used is the statutory and conceptual approach which is analyzed using qualitative methods. The results of this study indicate that first, the use of electronic media in Notary services through websites is permitted as long as it only provides legal consultation or counseling in the civil field. While the use of electronic media in Notary services through websites that is prohibited is on the Notary's personal website containing elements of self-promotion such as including the name and title of office, exposing Notary activities on the website such as photos with clients. Second, the legal consequences for Notaries regarding the use of electronic media in Notary services are the imposition of sanctions on Notaries if they are proven to have carried out self-publication which can bring down the honor and dignity of the Notary's position in the form of a written warning and can even be subject to punitive sanctions, namely in the form of temporary dismissal, even honorable dismissal. or disrespect. Keywords : Notary; Website; Services.
Kepastian Hukum Notaris Menerapkan Cyber Notary Dalam Verlidjen Akta Notaris Secara Digital Kinasih, Nadia Pitra
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.7

Abstract

The vagueness of legal norms or vague norms in the UUJN, especially Article 15 paragraph (3), affects the implementation of notary authority in the digital era. This ambiguity has the potential to cause problems, especially in the inconsistency between Article 16 paragraph (1) letter m of the UUJN and Article 15 paragraph (3) of the UUJN, which creates a conflict between the obligations and authorities of notaries in making deeds face to face or in person. The purpose of this study is to ensure legal certainty in making notarial party deeds digitally and how the impact of the implementation of cyber notary in Indonesia in making party deeds regarding signing and reading face to face online. This study uses a normative legal research method with a statute-approach and comparative-approach, as well as qualitative analysis. Data were collected through literature studies from primary, secondary, and tertiary legal sources. The conclusion of the study emphasizes the need for clear and comprehensive legal regulations to regulate the use of digital technology in making notarial deeds, including a strong security system and appropriate notary authorization. An important requirement in making an authentic notarial deed is the reading and signing of the deed, which can be done electronically through media such as video conference. Electronic signature or digital signature, it is expected that the making of a notarial deed digitally can be realized with legal certainty guaranteed through harmonization of laws and regulations. The impact of using cyber notary includes ease of access, process efficiency, time flexibility, cost reduction, document security, and regulatory adjustments. Overall, notaries have an important role in non-governmental public services, and the use of technology in making deeds digitally can be an efficient and practical alternative in supporting legal certainty. However, attention is needed to aspects of data security and regulations that are in accordance with technological developments in the digital era. Keywords: Notary; Cyber Notary; Verlidjen