Covid-19大流行期间电子公证的紧迫性

R. Mutaqin
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引用次数: 0

摘要

公证是被授权做出真实契约的职业之一。国家紧急状态有三种形式,即民事紧急状态、军事紧急状态、灾害紧急状态和公共卫生紧急状态。在Covid-19大流行期间,就像今天一样,电子交易主要是为了减少人与人之间的身体接触,而身体接触会增加Covid-19病毒传播的可能性。考虑到《公证法》要求在公证员面前作出契约。作者在本研究中使用了规范的司法方法。规范法学研究是将法律作为构建规范体系的法学研究。数据分析是定性的,即从获得的数据中进行系统的整理和分析,使所讨论的问题变得清晰,并对其进行定性描述。在冠状病毒病(Covid-19)大流行期间,电子公证契据的紧迫性在于,考虑到Covid-19大流行,契据的实施仍必须在电子系统的帮助下进行。印度尼西亚是一个承认电子信息或文件在法律和法院前作为法律证据的有效性的国家,在2008年第11号法案中被称为电子证据,并在2016年第19号法案中更新,涉及信息和电子交易(以下简称UU ITE)。电子公证契约的法律地位。电子公证契约的法律地位是《公证地位法》和1998年关于土地契约制作官员的第37号政府法规及其修正案中关于制作真实契约的法律法规的规定,主要优先考虑希望成为公证人的直接,面对面互动和出席各方。这一规定是根据1868年《柏林公书》(以下简称《柏林公书》)或《民法典》规定的,即契据符合条件,即契据的形式由法律确定,即为真实契据。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Urgency of Making Notary Deeds Electronically during the Covid-19 Pandemic
One of the professions that is given the authority to make an authentic deed is a notary. There are three forms of state emergency status, namely civil emergency, military emergency, disaster emergency, and public health emergency. During the Covid-19 pandemic as it is today, electronic transactions are mostly carried out to reduce physical contact between humans which can increase the possibility of the spread of the Covid-19 virus. Considering the Law on Notary Positions requires that the deed be made before a notary. The author in this study used a normative juridical approach. Normative legal research is legal research that puts the law as a building system of norms. Data analysis was carried out qualitatively, namely from the data obtained and then compiled systematically and analyzed to achieve clarity of the problems discussed, which were described qualitatively. The urgency of making a notary deed electronically during the Corona Virus Disease (Covid-19) pandemic is that the implementation of the deed must still be carried out with the help of an electronic system, considering the Covid-19 pandemic. Indonesia is a country that has recognized the validity of electronic information or documents to be used as legal evidence before the law and courts, known as electronic evidence in Act No. 11 of 2008 and its renewal in Act No. 19 of 2016 concerning Information and Electronic Transactions (hereinafter referred to as UU ITE). The legal position of a notarial deed made electronically. The legal position of a notary deed made electronically is the provisions of the laws and regulations governing the making of an authentic deed both in the Notary Position Act and Government Regulation Number 37 of 1998 concerning Land Deed Maker Officials and their amendments principally prioritize direct, face-to-face interaction and attendance parties who wish to be notary. This provision is as regulated in Article 1868 Burgelijk Wetboek (hereinafter referred to as BW) or the Civil Code which states that a deed is called an authentic deed if it meets the requirements, namely the form of the deed is determined in the laws.
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