Panglima, Rubby Aditya and Djaja, Benny (2023) Legal Certainty Article 15 Paragraph (3) Law Number 2 Of 2014 Concerning Amendment To Law Number 30 Of 2004 Concerning Notaries. Unes Law Review, 5 (4).
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(NOMOR 31) LEGAL CERTAINTY ARTICLE 15 PARAGRAPH (3) LAW NUMBER 2 OF 2014 CONCERNING AMENDMENT TO LAW NUMBER 30 OF 2004 CONCERNING NOTARIES.pdf Download (178kB) | Preview |
Abstract
This study discusses the ambiguity of norms in Article 15 paragraph (3) of Law Number 2 of 2014
concerning Amendments to Law Number 30 of 2004 concerning Notaries (Amendments to the
Notary Law) which affect legal certainty in the regulation of the authority of a notary related to
"authority others regulated in the Legislation". This provision causes confusion regarding the
scope and limits of a notary's authority in carrying out his duties. This study also analyzes the
impact of the ambiguity of these norms on the implementation of the authority of a notary in
legalizing electronic transactions. Through a normative legal research approach, the author
analyzes the relevant articles in the Notary Law and related laws and regulations to understand
the legal context related to the authority of a notary. This research finds that the ambiguity of
norms in Article 15 paragraph (3) creates ambiguity regarding the limits and scope of a notary's
authority in terms of "other authorities regulated in Laws and Regulations". The impact of the
ambiguity of this norm can be seen in the implementation of the authority of a notary in legalizing
electronic transactions. Without clarity regarding the scope of this authority, notaries may face
difficulties in determining whether they have the authority to certify certain electronic
transactions, which in turn can affect the legal certainty in such transactions. This study suggests
the need for clarification of norms in Article 15 paragraph (3) of Law Number 2 of 2014
concerning Amendments to Law Number 30 of 2004 concerning Notaries. A clear clarification
will provide clarity to notaries regarding the limits and scope of their authority in relation to
"other authorities stipulated in Laws and Regulations", so as to increase legal certainty and the
effectiveness of the implementation of notary powers in validating electronic transactions.
| Item Type: | Article |
|---|---|
| Subjects: | Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 19 Feb 2024 04:52 |
| Last Modified: | 19 Feb 2024 04:52 |
| URI: | https://repotest.untar.ac.id/id/eprint/42901 |
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