Notary's Responsibility in Certification of Electronic Signatures for Discrepancies in Verification of Personal Data of the Owner of the Electronic Signature: Comparative Study between Indonesia and the United States of America

Abstract

This research aims to determine the legal consequences and responsibilities of notaries for deeds made based on inconsistencies in the verification of personal data of electronic signature owners according to Indonesian and United States law. The type of research used is normative legal research with a statutory, conceptual, and comparative approach. The research results show that notaries in Indonesia are public officials who are state organs equipped with general powers, authorised to carry out part of the state's power to make written and authentic evidence in civil law. At the same time, notaries in the United States are referred to as public notaries, with authority only limited to legalising or said as determining the certainty of the date and signature of the person who affixed it. The legal consequences and legal responsibility for deeds made by notaries that are not based on the suitability of verifying the personal data of the owner of the electronic signature according to Indonesian and United States law, that in Indonesian law, the liability of notaries in certifying electronic deeds refers to the provisions of notary responsibility in doing conventional deeds because the rules related to electronic signatures in Indonesia do not yet exist. Meanwhile, notaries in the United States are fully responsible for authenticated electronic signatures.