MODERNISASI HUKUM NOTARIS MASA DEPAN: KAJIAN HUKUM TERHADAP KEMUNGKINAN CYBERNOTARYDI INDONESIA

Main Author: Makarim, Edmon
Format: Article eJournal
Bahasa: eng
Terbitan: [ 3 ] JURNAL HUKUM & PEMBANGUNAN , 2013
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/jhp/article/view/3299
Daftar Isi:
  • To prevent fraud (fraud) is developing the use of an electronic authentication methods (electronic authentication) technology embodied in the Electronic Signature and Electronic Certificates. ("SE'') as a security system transactions made through an electronic communication system. For the purposes effectiveness, it has many functions and role ofthe state empowered Notary in supporting and facilitating an . electronic transaction (Cybernotary), not only as the bearers ofthe message oftrust (Trusted Third Party, "T3P'') but also as having a notary's service providers themselves electronically (electronic Notary). In the most minimal role, Notary only as parties to a legal identity verification and legalization someone (Registration Authorities) before the relevant awarded a Certificate of Electronic Organizer Electronic Certificate ("PSE''). Meanwhile, in the role of the maximum, exactly Notary itselfbecame an organized party services electronically. Many countries have them, not only for the inherited system of Common Law Civil Law but, even in the second international forum Notary d(fferent models are currently developing temunya point for international trade in electronic container-apostilles. Qualitative study of the legal normative-analytical prekriptif, the empowerment examines the function and role ofthe Notary in a transaction that is supported by the presence of electronic systems by performing comparative PSE, and then find solutions to the obstacles faced by so it can be applied in Indonesia. Corresponding characteristics ofthe national legal system, in the short term may act as notary services supporting the implementation ofelectronic certification (RA) and in the notary can be a suborganization of the electronic cert(fication service itself (sub-Certification Authority). In the long run, a chance for Notaries to conduct notary services electronically, including electronic authentic deed, as has been done by France and the United States.