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.

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ژورنال

عنوان ژورنال: Jurnal ius: kajian hukum dan keadilan

سال: 2022

ISSN: ['2477-815X']

DOI: https://doi.org/10.29303/ius.v10i1.981