Yurisdiksi: Jurnal Wacana Hukum dan Sains (Jun 2020)

Urgency of Cyber Notary Application In The Pandemic of Covid-19 For The Need of Authentic Deed

  • Isa Anshari Arif,
  • Nynda Fatmawati Octarina

Journal volume & issue
Vol. 1, no. 1
pp. 93 – 108

Abstract

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This article aims to find out the urgency about the application of Cyber ​​Notary in the recent times that are experiencing a covid-19 pandemic, this research uses a normative method with deductive logic that explains a general thing then draws it to a specific conclusion. That Cyber ​​Notary should have been implemented in Indonesia where it has previously been provided with facilities in Article 6 of the ITE Law and Article 77 paragraphs (1) and (4) of the Company Law, but because the UUJN-P has not yet regulated and as a lex specialis notary position, the Cyber ​​Notary not applicable yet. However, this must be considered again, considering that during the covid-19 era, which was expected to reduce activities outside the home, to reduce the risk of covid-19 virus and not reduce legal services to the community in the form of making authentic deeds. For the implementation of Cyber ​​Notary requires the requirements in the form of changes to several articles in the legislation namely: (1) Article 1868 of the Civil Code, (2) Articles in UUJN-P, (3) Article 5 paragraph (4) in UU ITE, and ( 4) The Stamp Duty Act which has always identified authentic deeds is always in the form of a written deed. And to reduce the security risks of Cyber ​​Notary, external factors that must be considered are: (a) notary ethics, (b) ongoing notary education, (c) electronic data security techniques, and (d) certification authorization.

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