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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