Comparison of Civil Law Regarding The Implementation of Cyber Notary in Countries With Common Law and Civil Law Traditions
نویسندگان
چکیده
In the era of modern technology as it is today and even more so in Covid-19 pandemic, cyber notary also mentioned a post that needs to carry out each technical aspect his/her authority duties with help technology, especially related urgency making deed electronically. Article 16, Paragraph (1), lines C M Law on Notary’s Position (Undang-Undang Jabatan Notaris-UUJN) requires embed fingerprint an attachment original read deed/agreement presence client attended by at least two (2) witnesses, after being read, should be signed client, notary. Meanwhile, 5 (4) Information Technology Electronic Transaction (UU ITE) provides limitations exceptions not included category electronic information or document. Therefore problem concerning creation legally binding relationship (a deed) using means (e-Notary) has yet received solid legal basis guaranteed certainty, regarding authenticity existence deed. addition, research will explore practice implementing development concept field civil law several countries, both those Common tradition Civil tradition, many which have empowered function role transactions. The utilized technique normative approach legislation analysis concepts sourced from primary secondary materials. results indicate creating arrangements provide clear rules terms conditions framework authentic conducted Thus, can professional without contradicting laws regulations. comes System been widely applied no exception for Indonesian state countries adhere state, course, cannot escape developments outside law.
منابع مشابه
The Place of Fault on the Civil Liability of Physicians and its Comparison with the General Rule of Civil Liability in Jurisprudence and Law of Iran
Whether all the actions of the physician in relation to the patient are considered to be the subject of a single person, or are it separable, in which case each one is subject to general rules or to some particular rule? In analyzing the functions of the physician during the course of cognitive therapy, applicants who discuss medical professional responsibilities examine medical practices of a ...
متن کاملLaw Enforcement; a Function of Criminal Liability or Civil Liability
Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...
متن کاملManifestation of the Rule of “Who owns you?” and Position of Ethics in Civil Law
Background: The rule "anyone who has the power over things" is one of the legal rules that the jurists of Islam have been referring to for more than a thousand years and it is very useful in trials and even administrative authorities. It is also one of the most important and practical rules in civil and jurisprudential law because it is closely related to confession, which is one of the main...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Jurnal ius: kajian hukum dan keadilan
سال: 2022
ISSN: ['2477-815X']
DOI: https://doi.org/10.29303/ius.v10i1.981