Validity of Electronic Signatures in Making Notarial Deeds in a Positive Legal Perspective in Indonesia

Abstract

This research aims to analyze: 1) The validity of electronic signatures in notarial deeds from a positive legal perspective in Indonesia. 2) The advantages and disadvantages of using electronic signatures in making notarial deeds. The approach method in this research is the statutory approach. This type of research includes normative research. The type and source of data in this research is secondary data obtained through literature study. The analysis in this research is prescriptive. The results of the research concluded: 1) The validity of electronic signatures in notarial deeds from a positive legal perspective in Indonesia based on the explanation of Article 15 paragraph (3) is not in line with Article 16 paragraph (1) letters m and letter c of the Law on the Position of Notaries (UUJN). Article 16 paragraph (1) letter m and letter c regarding the notary's authority in paragraph (1) can cause problems regarding the authenticity of the deed in implementing electronic signatures because the notary has an obligation where the deed made must be read and signed in the presence of both parties, the notary and also 2 (two) witnesses and a notarial deed are required to attach letters and documents, accompanied by fingerprints by the parties to the minutes of the deed. 2) The advantage of using electronic signatures in making notarial deeds is that using electronic signatures can reduce costs associated with printing, sending and storing physical documents. The process of making notarial deeds can be faster because it does not require the physical presence of the parties involved. Electronic signatures allow transactions to be carried out online, make it easier to access documents, have advanced security, are easy to store digitally, reduce dependence on paper and physical storage space. Apart from the advantages of electronic signatures, it also has disadvantages, including the risk of difficulties in verifying the identity of the parties involved, it requires reliable and secure technological infrastructure, there are still regulatory conflicts, some cases may require a physical signature, such as documents that require a stamp or legal requirements. certain that do not yet recognize electronic signatures, may raise privacy concerns. From the advantages and disadvantages of electronic signatures that have been explained above, it can certainly be concluded that there are many advantages that can be gained from implementing electronic signatures. This needs to be taken into consideration to realize electronic signatures in the notarial field.