Preparation and Obstacle of Notary in Making Notarial Deed in Facing Society 5.0 Era

Yotia Jericho Urbanus, I Made Pria Dharsana
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Abstract

This writing discusses the preparation and obstacle of Notary in making Notarial deed in facing. Notary Deed is an authentic deed made by or before a Notary according to the form and procedure stipulated in Undang-Undang Number 2/2014. According to Article 1868 of the Civil Code, an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This gives an indication that a deed made by a Notary as a public official can be said to be an authentic deed if it meets the requirements as described in the article. The entry of society 5.0 era in Indonesian society causes the need for an adaptation for Notaries in Indonesia in terms of meeting the needs of people who are affiliated with technology, especially in making authentic deeds. Initially, the use of technology such as the use of video conferences, electronic signatures, electronic ID verification tools and the liveliness test system was considered the answer for Notaries in terms of meeting the community's need for authentic deeds, especially in dealing with technological developments that entered all aspects of human life. However, Indonesia as a legal state that has the spirit to always ensure justice and legal certainty, causes all actions taken by a legal subject to be guided by the law that governs it. In this case, there are obstacles in the use of video conferencing, electronic signatures, electronic ID verification tools and the liveliness test system due to the absence of a legal basis that serves as a legal umbrella for their use in making a notarial deed. Furthermore the concept of facing using technological developments cannot be equated with being physically present as described in Undang-Undang Jabatan Notaris.
面向社会5.0时代公证员制作公证书的准备与障碍
本文论述了公证员在公证书制作中面临的准备和障碍。公证契据是由公证员或在公证员面前根据《云当第2/2014号文件》规定的形式和程序出具的真实契据。根据《民法典》第1868条的规定,真正的契据是由契据地为此目的被授权的公职人员以法律规定的形式订立的契据。这表明,公证人作为公职人员所做的契约,如果符合本文所述的要求,就可以说是一份真实的契约。印尼社会5.0时代的到来,使得印尼的公证员需要适应技术相关人群的需求,尤其是在制作真实的契约方面。起初,公证员采用视像会议、电子签署、电子身分证验证工具和活力测试系统等科技,可满足社会对真实契约的需要,尤其是在科技发展进入人类生活的各个方面时。然而,印度尼西亚作为一个法治国家,具有始终确保正义和法律确定性的精神,使法律主体采取的所有行动都受到管辖它的法律的指导。在这种情况下,视频会议、电子签名、电子身份验证工具、活力测试系统等在制作公证契据时,由于缺乏作为法律保护伞的法律依据,在使用上存在障碍。此外,如Undang-Undang Jabatan noteris所述,面对使用技术发展的概念不能等同于实际在场。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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