Principles of legal certainty power of evidence electronic signatures in notary deeds
Abstract
Digital signatures can also be submitted as evidence in the Civil Procedure Law. Submission of an authentic deed that uses a digital signature as evidence is different from the evidence regulated in Article 1866 of the Civil Code. Printed results, electronic documents and/or electronic information are determined to be valid evidence in accordance with Article 5 paragraph 1 of the ITE Law. In addition, Indonesian procedural law recognizes printed results as intended as well as electronic data or electronic archives as an extension of valid evidence in Article 5 paragraph 2 of the ITE Law. It can be understood that there is a conflict of norms in the ITE Law and UUJN regarding the regulation of electronic signatures. Clarification of Article 15 paragraph (3) UUJN provides the meaning that Notaries have other powers, namely carrying out electronic signatures. However, there are still conflicting standards between the two guidelines. Specifically, Article 5 paragraph 4 of the ITE Law states that notarial deeds cannot be used as electronic reports so that if the document is used as evidence then the strength of the evidence is still at issue.The aim of this research is to examine legal certainty and the regulation of electronic signatures in notarial deeds of Notaries in order to have legal certainty as evidence in civil cases. This study uses juridical-normative legal research, namely research on statutory provisions that apply as positive law in Indonesia. The results of the study show that regulation of electronic signatures in notarial deeds of Notaries so that they have legal certainty to be used as evidence in civil procedural law can be done in a way, namely, Indonesia acts to implement UUJN updates and clearly regulates digital signatures contained in notarial deeds such as the application of law in the United States, the Netherlands and Malaysia.
How to Cite This Article
Finda Romadhona, Aries Harianto, Moh. Ali (2024).
Principles of legal certainty power of evidence electronic signatures in notary deeds
. International Journal of Social Science Exceptional Research (IJSSER), 3(4), 29-33.