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VOL. 9, ISSUE 6 (2023)
Juridical analysis of the legal certainty of cyber notary in making authentic deeds by a notary
Authors
Farhan Alex Putra Nasution, Teuku Ahmad Yani, Sulaiman
Abstract
The rapid development of information and communication technology has had an impact on the field of notarial law, which has led to an idea known today as cyber notary. Notaries are required to be able and able to use the cyber notary concept in order to create a service that is fast, precise and efficient, so as to accelerate the rate of economic growth. The authority of a notary is regulated in Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notaries (UUJN). The authority of a notary in the cyber notary concept is explicitly mentioned in the explanation of Article 15 paragraph (3) UUJN. This research examines the form of notary authority regarding the concept of cyber notary in terms of statutory regulations and the legal certainty of cyber notaries in making authentic deeds by notaries. This legal research is normative research using a statutory approach and a conceptual approach. The research results show that the possibility of expanding notary authority in the cyber notary concept can be found not only in the UUJN, but also in Law Number 40 of 2007 concerning Limited Liability Companies and Financial Services Authority Regulation Number 16/POJK.04/2020 of 2020, related the authority of a notary in making notarial deeds regarding the holding of an electronic General Meeting of Shareholders (GMS). The provision of Notary services that utilize technological advances in making authentic Deeds does not yet have legal certainty because there is no harmonization of regulations related to the authority of Notaries in making Deeds electronically. Indonesia needs efforts and support from various stakeholders, especially policy makers, notaries and the public regarding legal certainty in the implementation of cyber notary. Legal certainty can only be achieved if there is a legal basis that clearly regulates cyber notaries.
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Pages:123-130
How to cite this article:
Farhan Alex Putra Nasution, Teuku Ahmad Yani, Sulaiman "Juridical analysis of the legal certainty of cyber notary in making authentic deeds by a notary". International Journal of Law, Vol 9, Issue 6, 2023, Pages 123-130
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