文章基本信息

标题：CYBER-NOTARY IN CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND ITS MARGINAL COMPROMISES TO FIND EQUILIBRIUM
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作者：David Tan
期刊名称：Indonesia Law Review
印刷版ISSN：2088-8430
电子版ISSN：2356-2129
出版年度：2020
卷号：10
期号：2
页码：1-5
DOI：10.15742/ilrev.v10n2.635
语种：English
出版社：Universitas Indonesia
摘要：Notaries in Indonesia have existed since the colonial period until now. Changes in technology and information that continues to evolve brings the flow of change in all aspects of life,including the legal sector. However,the position of notary in Indonesia did not experience many significant changes despite the advancements. Promulgation of Law No. 2 of 2014 also introduced the term cyber-notary formally in the constellation of Indonesian law. But the fact is,the idea of cyber-notary is not practical because of legal obstacles that seem to form a legal paradox. This paper analyses the position of cyber-notaries in Indonesia's positive legal order,challenges,adaptations and compromises that are actually carried out to implement cyber-notary in Indonesia. Normative-juridical legal research method was chosen as a research method by examining various legal theories and comparisons between related laws. Also being presented are examples of successful cyber-notary implementations from several countries. From the results of the study,it was found that the implementation of cyber-notary in Indonesia is still far from expectations. This condition occurs because interrelated law still creates legal paradoxes,resulting in the inability of notaries in Indonesia to fully develop into cyber-notaries. Recommendations are also given to stakeholders as valuable insight.
关键词：cyber-notary;legal paradox;Indonesia