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

Alincia, Devi; Sitabuana, Tundjung Herning

doi:10.14710/lr.v17i2.41749

Cited by 6 publications

(5 citation statements)

References 26 publications

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“…30. This should be understood as "cyber notary" in the elucidation of Article 15 (3). Cyber notaries are one of the "powers derived from other laws and regulations".…”

Section: Resultsmentioning

confidence: 99%

The Role of a Notary in Carrying Out His Positional Duties Regarding the Development of the Cyber Notary Concept in the Era of the Industrial Revolution 4.0 and Social 5.0

Lubis¹

2023

RLJ

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This study aims to describe the Role of a Notary in Carrying Out His Positional Duties Regarding the Development of the Cyber Notary Concept in the Era of the Industrial Revolution 4.0 and Social 5.0. Notarization services can be said to be conventional. This means that all activities that occur between the notary and the person concerned are carried out face to face. Meanwhile, during the current industrial revolution 4.0 and social 5.0, it demands that all conventional activities be transformed using digital. The normative legal research method is used in this study. Data collection was carried out by means of document analysis, literature study and observation. The results of the study show that as digital technology develops in the era of the industrial revolution 4.0 and social 5.0, it is appropriate for notaries to participate in adapting to technology without changing the rules set by UUJN. As a public official, a notary must be adaptive in transforming public service work in terms of making notarial deeds in the digitalization era. Some notaries still adhere to UUJN provisions and carry out their duties conventionally. However, there are also those who accept technological advances by being open to adapting themselves without having to ignore the provisions stipulated in UUJN.

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“…30. This should be understood as "cyber notary" in the elucidation of Article 15 (3). Cyber notaries are one of the "powers derived from other laws and regulations".…”

Section: Resultsmentioning

confidence: 99%

The Role of a Notary in Carrying Out His Positional Duties Regarding the Development of the Cyber Notary Concept in the Era of the Industrial Revolution 4.0 and Social 5.0

Lubis¹

2023

RLJ

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“…Advances in information and communication technology are opportunities and challenges that must be taken seriously to answer legal problems and developments in the era of revolution 4.0. This momentum must be directed properly to support and preserve national unity and integrity based on laws and regulations (Alincia & Sitabuana, 2021).…”

Section: Norms and The Problemsmentioning

confidence: 99%

Measuring The Effectiveness of Private Electronic System Organizers Regulations In Developing Social Media Equilibrium

Sitabuana,

Adhari,

Suryani

et al. 2024

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Technological developments, especially social media, potentially have a negative impact that pretend to social disintegration and instability. To prevent and create a healthy and conducive digital space, the Government issued the Minister of Communication and Information Regulation No.5/2020 concerning Private ESOs. This regulation gives the government authority to supervise Private ESOs and protect social media content. This research aims to examine ministerial regulation effectiveness in realizing social media equilibrium and its impact on digital democracy in Indonesia. This is a sociolegal research. The data was obtained from observation, expert interviews, and literature studies which were analyzed qualitatively. Normatively, restrictions and supervision to the right to use social media through private ESOs can be carried out to be in line with Pancasila’s Spirit. However, there are fundamental errors in ministerial regulation: (1) multiple interpretations norm; (2) unclear parameters of supervision; and (3) weak legal position of ministerial regulations in law enforcement. Sociologically, the presence of ministerial regulations is weak and ineffective because they are: (1) rejected by stakeholders; (2) easy to change; and (3) slowly responded in socialization process and community compliance. More comprehensive implementation regulation is required with, supervision through an electronic system approach to increase the role and participation of community.

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“…Therefore a notary must be very careful in working in a way that maintains the traditional way. [17] Legal certainty will be obtained from this principle. There is uniformity for every existing notary, because they are not allowed to take actions outside of these principles.…”

Section: Understanding the Principle Of Tablelionis Officium Fidelite...mentioning

confidence: 99%

The Principle of Tabellionis Officium Fideliter Exercebo Related To Cyber Notary

Lubis¹,

Siregar²,

Lubis³

2023

CJMS

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This study aims to analyze the principle of Tabellionis Officium Fideliter Exercebo related to cyber notary. This principle states that a notary must work traditionally. The point is that a notary must work in a conventional way, namely making letters or deeds in real terms, not through the internet. This research is a descriptive research type of normative legal research. Normative legal research is research conducted by examining library materials or secondary data. Therefore, this study examines and analyzes the appropriate legal principles and theories to ensure legal certainty regarding the e-RUPS deed made by a Notary according to the Tablelionis Officium Fideliter Exercebo principle. The results of the study show that Cyber Notary cannot remove the duties of a notary who maintains the integrity of the product he produces as a complete piece of evidence. However, in order for an authentic electronic document containing an electronic signature to be used as evidence in a civil trial, it is not complete evidence and has evidentiary value, but is the same as an underhand deed. The biggest problem that arises is the debate about the validity of the deed made in the cybernotary system. There are also those who state that the cyber notary is contrary to the governing principle, or Tablelionis Officium Fideliter Exercebo, which means that the notary must act in a traditional way. In fact, cyber-notaries have existed since 1995, but have been hampered by the lack of an adequate legal basis.

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

Cited by 6 publications

References 26 publications

The Role of a Notary in Carrying Out His Positional Duties Regarding the Development of the Cyber Notary Concept in the Era of the Industrial Revolution 4.0 and Social 5.0

The Role of a Notary in Carrying Out His Positional Duties Regarding the Development of the Cyber Notary Concept in the Era of the Industrial Revolution 4.0 and Social 5.0

Measuring The Effectiveness of Private Electronic System Organizers Regulations In Developing Social Media Equilibrium

The Principle of Tabellionis Officium Fideliter Exercebo Related To Cyber Notary

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