Skripsi

KEWENANGAN NOTARIS DALAM MENSERTIFIKASI TRANSAKSI ELEKTRONIK PADA PERJANJIAN PINJAMAN BERBASIS TEKNOLOGI INFORMASI

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The rapid development of digital technology has led to the widespread use of Fintech Lending agreements as electronic contracts in modern financial transactions. However, this technological progress has not been accompanied by adequate regulatory readiness, particularly regarding the role and authority of Notaries in ensuring legal certainty for digital transactions. Article 15 paragraph (3) of the Indonesian Notary Office Law (UUJN) grants Notaries the authority to certify electronic transactions, yet this provision remains highly general and lacks technical guidelines, standardized procedures, and a clearly defined legal framework. Meanwhile, the Electronic Information and Transactions Law (UU ITE) and Government Regulation No. 71 of 2019 affirm the legal validity of electronic documents and electronic signatures but are not harmonized with the notarial regime, creating a regulatory disconnect. This research analyzes the legal basis of Notarial authority to certify electronic transactions under UUJN, its harmonization with UU ITE and Government Regulation No. 71/2019, and its functional relevance in Fintech Lending agreements. The research incorporates a normative juridical approach supported by statutory, conceptual, and case analyses, including issues arising from illegal Fintech entities such as PT Barracuda Fintech. The results demonstrate that the absence of harmonized regulations and technical provisions prevents the effective implementation of Notarial electronic certification. In Fintech Lending, such certification serves as formal verification of identity, document integrity, and authenticity of electronic signatures, strengthening legal certainty and evidentiary reliability. Therefore, comprehensive implementing regulations are required to enable effective application and enhance legal protection in digital transactions.

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Detail Information

Series Title

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Call Number

T2008212026

Publisher

Palembang : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xii, 106 hlm.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

346.020 7

Content Type

Text

Media Type

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Carrier Type

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Edition

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Subject(s)

Hukum Perjanjian
Prodi Magister Kenotariatan

Specific Detail Info

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Statement of Responsibility

MI

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