Legal Validity of Authentic Deeds Based on Cyber Notary According to Law Number 2 of 2014 Concerning The Position of A Notary
DOI:
https://doi.org/10.38035/jlph.v4i4.409Keywords:
Authentic Deed, Cyber Notary, UUJN.Abstract
The development of information technology has had a significant impact on the field of notarial law, giving rise to the concept of cyber notary as a response to electronic transactions. Law Number 2 of 2014 concerning the Position of Notaries (UUJN) regulates the authority of notaries in dealing with electronic transactions. Notaries have the authority to certify electronic transactions, as regulated in Article 15 paragraph (3) UUJN. However, the legal validity of authentic deeds based on cyber notary is the subject of a complex debate. The research method used is through a normative juridical approach using a statutory approach and literature study. This article analyzes various aspects related to forced takeovers of companies. The research results show that first, the notary's authority to certify electronic transactions allows the adoption of information technology to ensure legal certainty. Notaries can use cyber notary technology to carry out their duties efficiently and responsive to current developments, providing legal certainty in electronic transactions. Second, the validity of the deed made through a cyber notary must meet the authenticity standards regulated by law. Even though technology enables efficiency, the physical presence of a notary in the deed reading process is still important to ensure the validity and correctness of the contents of the deed. The use of a cyber notary in making Partij Deeds becomes more complicated because the process depends on the notary's ability to accurately record the wishes of the parties. Therefore, notary adaptation to advances in information technology requires adjustments to clear rules and guidelines. There needs to be further clarification in the UUJN to regulate the use of cyber notaries in the context of making deeds by notaries to accommodate technical and legal challenges in the current digital era. In this way, legal certainty in electronic transactions can be guaranteed by legal standards recognized by law.
References
Avelyne, D. M. (2021). The Application of E-Notary in Electronic Transactions is Judging from Law Number 19 of 2016 concerning Electronic Information and Transactions (Ite). Law Spectrum Journal, 18(1), 15–22. https://doi.org/10.35973/sh.v18i1.2773
Bahri, S., Yahanan, A., & Trisaka, A. (2019). Notary's Authority to Certify Electronic Transactions in the Context of Cyber Notary. Repertorium: Scientific Journal of Notarial Law, 8(2), 142–157. https://doi.org/10.28946/rpt.v8i2.356
Darusman, YM (2016). The position of a notary is an official who makes authentic deeds and an official who makes land deeds. FAIR: Law Journal, 7(1), 36–56. https://doi.org/10.33476/ajl.v7i1.331
Nurmawati, B., Fahlevie, RA, Herman, K., & Suparman, M. (2023). Validity of Notarial Deeds Using Cyber Notary in Making Authentic Deeds According to the Notary Position Law. Journal of Action Research Literate, 7(9). https://arl.ridwaninstitute.co.id/index.php/arl
Pramudyo, E., Mayana, RF, & Ramli, TS (2021). Juridical Review of the Implementation of Cyber Notary Based on the Perspective of the ITE Law and UUJN. Indonesian Journal of Social Science, 2(1), 1239–1257. https://doi.org/10.36418/jiss.v2i8.382
Rossalina, Z. (2016). Validity Of A Notary's Deed Using Cyber Notary As An Authentic Deed. Brawijaya Law Student Journal. Retrieved from http:// Hukum.studentjournal.ub.ac.id/index.php/ Hukum/ article/view/1554
Suta, M., & Bachelor, I. (2023). Validity of Cyber Notary Transaction Certification as an Authentic Deed Issued by a Notary. Udayana Master of Law Journal (Udayana Master Law Journal), 12(1), 140–151. https://doi.org/10.24843/JMHU.2023.v12.i01.p11
Widiasih, NKAE (2020). Notary's authority to certify transactions carried out electronically (Cyber Notary). Acta Comitas, 5(1), 150–160. https://doi.org/10.24843/AC.2020.v05.i01.p13
Zaenul Islam, A., Kurniawan, K., & Hirsanuddin, H. (2023). Validity of Notarial Deeds Using Cyber Notary as Authentic Deeds. UNES Law Review, 6(2), 4524–4532. https://doi.org/10.31933/unesrev.v6i2.1206
Zein, AAA (2022). Application of Cyber Notary in Making Authentic Deeds According to the Law on Notary Positions. Notarial Deed Journal, 1(1), 1–11.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Tiara Novita Aisyah Putri, Sinta Annisa Qotrunnada , Habibah Fatihatur Rizqo, Hais Subaga Athazada Athazada, Miqdad Nidhom Fahmi
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish their manuscripts in this journal agree to the following conditions:
- The copyright on each article belongs to the author(s).
- The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0).
- Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
