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Comparison of Legal Authority of Notary and Electronic Signature Validity in Indonesia and the United States of America
[journal article]
Abstract The purpose of this research is to compare the analysis of the legal authority of a notary in Indonesia with the control of a notary in the United States. This research is normative legal research with a statute, conceptual, and historical approach. According to a study, in carrying out their duties... view more
The purpose of this research is to compare the analysis of the legal authority of a notary in Indonesia with the control of a notary in the United States. This research is normative legal research with a statute, conceptual, and historical approach. According to a study, in carrying out their duties and positions, notaries in Indonesia are subject to and obedient to the law, which lies in the enactment for all of Indonesia. In contrast, in the United States, each state has its notary law. The legality of electronic signatures is valid in the eyes of the law when they meet several conditions. Electronic signatures must be certified to guarantee trust for the owner, namely in the form of authentication data. Any signature requirements under the law can be met in the states and territories where ESIGN is valid. In addition, electronic signatures can be presented as evidence and will survive in court as applicable. Uniform Electronic Transactions Act applies in some Indonesian states and territories.... view less
Keywords
Indonesia; notary public; United States of America; legal capacity; evidence
Classification
Law
Free Keywords
Notary Legal Authority; Signature Legitimacy; ESIGN; electronic signature
Document language
English
Publication Year
2023
Journal
Path of Science, 9 (2023) 1
ISSN
2413-9009
Status
Published Version; peer reviewed