Zhafirah Salsabila, . (2026) PERSONAL APPEARANCE BEFORE THE NOTARY IN DEED-MAKING THROUGH THE CONCEPT OF CYBER NOTARY: A Comparative Study Between Indonesia and the United States. Journal of Law, Politic and Humanities (JLPH), 6 (5). pp. 3849-3860. ISSN 2962-2816
|
Text
2210611220_ArtikelKI.pdf Restricted to Repository staff only Download (384kB) |
Abstract
The development of digital technology demands a more efficient and adaptive transformation of notary practices through the concept of cyber notary that allows notaries to exercise their authority remotely. However, in Indonesia, this concept is limited by the principle of Tabellionis Officium Fideliter Exercebo which requires a physical presence as a prerequisite for the authenticity of the deed, as stipulated in Article 1868 of the KUHPerdata and Article 16 Paragraph (1) letter m of the UUJN. This legal vacuum regarding remote personal appearance creates uncertainty, since the UUJN simultaneously acknowledges the existence of cyber notary while it’s also lacking sufficient regulations to accommodate its implementation. In contrast to Indonesia, the United States has successfully accommodated the implementation of Remote Online Notarization (RON) through the Revised Uniform Law on Notarial Acts (RULONA), specifically in Section 14A. This study uses a juridical-normative method with a comparative legal approach to examine the regulations governing personal appearance in deed-making under the concept of cyber notary in Indonesia and United States, as well as analyzing the potential expansion of its meaning. This research shows that Indonesia has an opportunity for legal digitalization through the UU ITE, the UUJN, and the implementation of the AHU Online system. The researcher argues that the concept of personal appearance can, in fact, be expanded not only as a physical presence, but also as an electronic presence. Therefore, its development is an inevitable necessity.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2210611220] [Pembimbing: Wardani Rizkianti] [Penguji 1: Iwan Erar Joesoef] [Penguji 2: Davilla Azaria Prawidya] |
| Uncontrolled Keywords: | Cyber Notary, Personal Appearance, Authentic Deed, Notary, Comparative Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | ZHAFIRAH SALSABILA |
| Date Deposited: | 28 Aug 2026 04:06 |
| Last Modified: | 28 Aug 2026 04:06 |
| URI: | http://repository.upnvj.ac.id/id/eprint/53187 |
Actions (login required)
![]() |
View Item |
