Journal of Law, Human Rights, Immigration, and Corrections
Vol. 1 No. 3 (2026): Journal of Law, Human Rights, Immigration, and Corrections

The Probative Value of Digital Signatures in Authentic Deeds

R. Dian Luthfiana Harun (Universitas Negeri Gorontalo)
Weny Almoravid Dungga (Universitas Negeri Gorontalo)
Mohamad Taufiq Zulfikar Sarson (Universitas Negeri Gorontalo)



Article Info

Publish Date
30 Mar 2026

Abstract

This study examines the validity and legal implications of electronic signatures in notarial agreements within the Indonesian jurisdiction. Although the Electronic Information and Transactions Law recognizes electronic signatures as valid legal evidence, their direct application to authentic deeds still faces severe normative constraints under the Notary Public Act. Specifically, the Act firmly mandates the physical presence of all parties, the verbal reading of the deed, and the physical signing before an authorized notary. Utilizing normative legal research and statutory approaches, this analysis demonstrates that employing electronic signatures without careful regulatory harmonization degrades the evidentiary power of authentic deeds, effectively reducing them to mere underhand deeds. This systemic conflict generates profound legal uncertainty while significantly increasing the professional liability risks for notaries nationwide. Therefore, comprehensive statutory synchronization alongside the establishment of definitive implementing regulations remains absolutely essential to support a secure, legally sound, and highly prudent digital transformation of notarization practices.

Copyrights © 2026






Journal Info

Abbrev

LAWRIC

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Human Rights, Immigration, and Corrections (LAWRIC) is a peer-reviewed academic publication that brings together interdisciplinary research and critical scholarship on legal frameworks, human rights issues, migration studies, and correctional systems. Issued three times a year in ...