THE LEGALITY OF MAKING NOTARY ACTIONS USING ELECTRONIC MEDIA

Abstract

As an effort to provide legal certainty and protection guarantees for parties conducting electronic transactions, Law Number 2 of 2014 concerning the Position of Notary Public (UUJN) in the elucidation of article 15 paragraph (3) has appointed a notary as an official authorized to certify electronic transactions. , coupled with the issuance of provisions contained in Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), it is increasingly proving the seriousness of the government in paying attention to the importance of realizing legal certainty and protection for the perpetrators of electronic transactions and their relation to the consequences. law resulting from legal acts committed with the electronic media.

Whereas however the existing legal rules are not made comprehensively so that they still cause bias in the application of the law, because there is a conflict of norms between the provisions of the explanation of article 15 paragraph (3) UUJN which regulates the authority of notaries to certify electronic transactions with the provisions of article 6 paragraph (1 ) UUJN which regulates the validity requirements of authentic deeds and the provisions of Article 5 of the ITE Law. The bias in applying the law is specifically related to the application of law to the validity of authentic deeds made using electronic media or authentic deeds made using evidence of electronic transaction certification.

Keywords: Authentic Deed, Electronic Transactions, Electronic Media