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VOL. 10, ISSUE 3 (2024)
Authority of implementing electronic know your customer (E-KYC) based on national identity number towards clients in creating authentic deeds in Indonesia
Authors
Asih Susilowati, Neni Sri Imaniyati, Taufik Kurohman
Abstract
In the context of implementing the electronic
identity verification process known as electronic Know Your Customer (e-KYC)
based on the National Identity Number (NIK) by notaries when creating authentic
deeds, there are deficiencies in the regulations governing this matter. A
normative legal research approach, utilizing secondary data such as government
regulations and laws, proves to be useful in identifying ambiguities in the
existing rules. The Information and Electronic Transactions Act No. 19 of 2016
(UU ITE) serves as relevant legal grounds; however, the application of e-KYC by
notaries requires more specific implementing regulations, particularly
concerning the role of notaries as electronic certification authorities,
commonly known as "Cyber Notaries." In developing these implementing
regulations, several crucial aspects must be considered. Firstly, the authority
of notaries as Cyber Notaries needs to be clearly defined. Secondly, the
procedures and standards for identity verification through e-KYC must be
detailed. Thirdly, strict protection of personal data must be ensured in
accordance with regulations on data privacy protection. Fourthly, these
regulations should also be closely related to other regulations, such as the
Population Administration Law and rules pertaining to the position of notaries.
Finally, mechanisms for law enforcement in cases of violations or misuse of the
e-KYC process by notaries must also be clearly defined. With comprehensive and
detailed implementing regulations in place, notaries can carry out the e-KYC
process with greater confidence and effectiveness, thus ensuring the
sustainability of electronic authentic deed creation while maintaining the
security and trust of all involved parties.
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Pages:170-174
How to cite this article:
Asih Susilowati, Neni Sri Imaniyati, Taufik Kurohman "Authority of implementing electronic know your customer (E-KYC) based on national identity number towards clients in creating authentic deeds in Indonesia". International Journal of Law, Vol 10, Issue 3, 2024, Pages 170-174
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