Jurnal Akta
Vol 11, No 3 (2024): September 2024

Legal Certainty of an Electronic Deed Made by A Notary

Moh Ali (Fakultas Hukum Universitas Jember, Indonesia)
Anisa Solekha (Fakultas Hukum Universitas Jember, Indonesia)



Article Info

Publish Date
01 Sep 2024

Abstract

Technology and information that are increasingly advanced and growing rapidly during the industrial revolution 4.0 and society 5.0 today can affect the performance of Notaries. One of them is the idea of implementing a cyber notary, especially an electronic notary deed that can be a solution for Notaries to be able to carry out their duties accurately, quickly, and up-to-date. Opportunities for implementing a cyber notary are contained in the general explanation of Article 15 paragraph (3) of the UUJN regarding cyber notaries, as well as the opportunity to conduct teleconferences/ videoconferences contained in Article 77 of the Company Law. Paragraph (4) letter b, so it must remain in the form of the original notarial deed in the form of paper and not in electronic form. In addition, the general explanation of the UUJN is also different from its body which requires making an appearance or meeting directly with a notary, reading the deed before the parties, keeping the deed secret from other parties who are not interested, etc. So it is necessary to have a uniform legal basis or provide a legal umbrella so that a cyber notary in the form of an electronic deed can be carried out by a notary. The purpose of the research is to find out and find the concept of future arrangements related to the making of an electronic notary deed in order to better guarantee legal certainty and legal protection for the community. The research method used is normative juridical or descriptive literature law research. The results of the research are that Indonesia must implement technological developments and IT systems related to cyber notaries to be able to carry out their duties and authorities, change the substance of articles that hinder the implementation of cyber notaries, delete article 5 paragraph 4 letter b. So that cyber notaries related to electronic deeds can be implemented and have legal certainty and protection.

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Journal Info

Abbrev

akta

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its ...