KEPASTIAN HUKUM KONTRAK ELEKTRONIK YANG DIBUAT OLEH NOTARIS DALAM TRANKSAKSI E-COMMERCE

Abstract

Notaries in carrying out their duties are required to be normatively guided by the rules of law related to all actions that will be taken and then set forth in a deed. Acting based on the applicable legal rules will give the parties that the deed made before or by a notary is in accordance with the applicable legal rules, so that if a problem occurs, the notary deed can be used as a guideline by the parties. In relation to other powers granted to Notaries in Article 15 paragraph (3) of the Law on Notary Positions regarding cyber notaries, the results of the certification print out can be categorized in electronic documents. Where in Article 1868 Burgerlijk Wetboek, electronic documents must meet the elements of authenticity of a deed. The research method used in this article is normative research, research phase, literature study, and deductive analysis, the types of research approaches used are conceptual approach and statutory approach. The certification of transactions using a cyber notary is legal because it has been regulated in Article 15 paragraph (3) of Law Number 2 of 2014 which authorizes a notary to certify transactions in a cyber notary manner while still taking into account the elements of an authentic deed.Keywords: Authentic deed, Electronic contract, Notary.