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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 7, ISSUE 2 (2025)
The obligations of the parties to be face-to-face during the creation of authentic deed online
Authors
Niva Adillah, Yusri , Teuku Ahmad Yani
Abstract

The obligation of the parties and the Notary to be physically present in the Creating an authentic deed is regulated by Article 16 Paragraph (1) letter (m) of the Rules of Notary Profession and Article 1868 of the Civil Code. However, with the advancement of the 4.0 industrial revolution and especially during the COVID-19 pandemic, the use of technology and the implementation of work-from-home for notaries have increased, raising issues regarding the requirement for physical presence in the deed-making process.

The purpose of this writing is to analyze the laws and regulations in Indonesia related to face-to-face obligations in making authentic deeds online, to analyze whether the online meeting system for creating authentic deeds has legally fulfilled the face-to-face requirements, and to explore the legal implications of online meetings on the validity of authentic deeds. The research method used is normative juridical with statutory, case, concept, and historical approaches. This research also uses primary data as complementary data through source interviews. Legal materials are analyzed prescriptively.

The research showed that in Indonesia, the Rules of Notary Profession and the Civil Code only regulates the requirements for the face-to-face making of authentic deeds offline, while in practice, there is the making of authentic deeds that have been regulated online only in certain types, namely deeds of release (GMS and Auction). The online meeting system in the making of authentic deeds does not meet the requirements of legal face-to-face. Still, in practice, online deeds of relaas are done so that the faces can see, hear, and actively participate and fulfill the obligation to read and sign the deed. The legal implications arising if an authentic deed is done online will result in the deed being relegated to a deed under the hand and null and void.

This research concludes that the Rules of Notary Profession and the Civil Code have not explicitly regulated the making of authentic deeds of the parties online. Considering that the era has moved to the Industrial Revolution 4.0, evaluating the relevance of the principles and articles related to the making of authentic deeds online is necessary.

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Pages:31-36
How to cite this article:
Niva Adillah, Yusri , Teuku Ahmad Yani "The obligations of the parties to be face-to-face during the creation of authentic deed online". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 31-36
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