Konseptualisasi dan Peluang Cyber Notary dalam Hukum

Putri, Cyndiarnis Cahyaning; Budiono, Abdul Rachmad

doi:10.17977/um019v4i1p29-36

Cited by 9 publications

(10 citation statements)

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“…If the phrase " to certify transaction which is performed electronically" is correlated to Article 15 section (1) and ( 2), then it is clear which Notary's authority performed electronically (through digital media) so that certification can be done (Gunawan, 2020). This statement is in line with the statement of Putri and Budiono, reviewed from grammatical interpretation, saying that in the Elucidation of Article 15 section (3) UUJN, there is conjunction "which", which is part of the phrase "transaction performed electronically" (Putri, & Budiono, 2019). This certification is used to declare that legal action in the form of electronic transaction has been on the right track, and this means that it is valid.…”

Section: A Certificationsupporting

confidence: 79%

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Alincia

Sitabuana

2021

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The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.

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Section: A Certificationsupporting

confidence: 79%

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Alincia

Sitabuana

2021

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“…Ketentuan tersebut dapat dikatakan merupakan salah satu terobosan hukum yang memanfaatkan kemajuan teknologi dalam pengimplementasiannya. (Putri, 2012). Pada konsepnya memang cyber notary.…”

Section: Hasil Dan Pembahasanunclassified

Peluang Penerapan Cyber Notary Di Indonesia

Amalia

Handoko

2022

Notarius

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The cyber notary is an idea of authority bas.e.d on the. imple..mentation of information technology. The. writer notion that the improvement of technology, secience and the global trade, made Indonesia need to undertake the idea of cyber notary. This application of this idea would enhance the function of notary with inside the framework of the national financial improvement. So, the writer recommended the idea of cyber notary ought tobe adopted in notary regulationmodificationsin Indonesia. But, Indonesia couldn't completely undertake this idea due to the not unusual place regulation nations which had distinction authority and verification system. Beside that, precept of powerful regulatory modifications ought to be implemented with inside theme thod of notary regulation modifications due to the fact there had been many rules regarding the authority of notary and the electronic system.

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“…2-2014 isn't a Certification authority which is a non-legal technical institution whose principles are similar to cybernotary. (8) Based on the theory of conflict of norms in the writing of this article, this theory cannot be used because of the conflict between Article 15 and 16 paragraph (1) of Law no. ) provides an understanding of electronic documents, namely any electronic information created, tampered with, sent, received, stored in the form of analog files, digital systems, electromagnetic, optical or the like and which can be seen, displayed and heard through a computer or electronic media program but is not limited to writing, sound, pictures, maps, designs, photos or the like, letters, signs, numbers, access codes, or symbols that have the meaning of funds that can be understood by people.…”

Section: Notary Deed In the Form Of An Electronic Deedmentioning

confidence: 99%

Reliability of Notary Deals Issuing Authentic Assets Using Electronic Networks

Binsneyder

2021

IJMMU

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This study uses normative research because this research is only aimed at the study of various written regulations. Referring to the provisions of Law of the Republic of Indonesia Number 2 of 2014 concerning the Position of Notary Public (Law No.2-2014), it’s known that Notaries have an important role and function in determining the validity of transactions in Indonesia. Even the Notary is also known as a trusted third party. Likewise, in the scope of the task of carrying out the position of a Notary, namely providing the evidence needed by the parties in a certain legal action, and the evidence is at the level of civil law, where the Notary prepares a deed because of a request from the attending parties. Without requests and requests from the parties, the Notary will not make any deeds, and in making the intended deeds, taking into account the evidence or statements or statements of the parties that are stated or explained or shown before the Notary. Then the Notary prepares systematically, straight forwardly, formally and materially in the form of a Notary deed. Conflict of norms between Article 15 paragraph (3) and Article 16 paragraph (1) letter m of Law no. 2 of 2014 can be completed by continuing to use Article 15 Number (3) of Law no. 2 of 2014 and can also make a notary deed in general as long as the implementation of the article is in accordance with Article 16 paragraph (1) letter m and Article 38 of Law No. 2 of 2014 and must also meet the elements in Article 1868 of the Civil Code which is a requirement for the authenticity of the deed.

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Konseptualisasi dan Peluang Cyber Notary dalam Hukum

Cited by 9 publications

References 0 publications

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary

Peluang Penerapan Cyber Notary Di Indonesia

Reliability of Notary Deals Issuing Authentic Assets Using Electronic Networks

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