The Strength of the Deed of Deposit for Electronic Contract Conducted by Notary in Electronic System Implementation in Indonesia

Abstract

The notary has an authority to certify deeds and has other authorities. Notary products, in the form of deed of deposit, function to rewrite contracts made by persons who have been verified by Electronic System Operators, that the electronic certificates of the parties are indeed authorized to sign the electronic contract and provide guarantees that the contract has actually been made on their platform so that physical (printed) evidence of the electronic agreement made by the parties can be printed through and verified in advance by the service provider electronic system operator. This paper aims to analyze the validity of deed of deposit ("van depot" deed) made by a notary on electronic contracts in the implementation of electronic systems in Indonesia. The research method used is normative, with using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. Whereas the deed of deposit or "van depot" deed is an certified deed made by a notary for the authority he has in making certified deeds. The deed of deposit or "van depot" deed provides the storage of a document that is kept by a notary, which furthermore explains in the deed of deposit that the applicant orders to the notary to keep a document, which is owned or given to him so the document will be more secure. The authority of a Notary in making certified deeds in the case of a deed of deposit or "van depot" deed of Electronic Contracts allows a synergy between the Law of Electronic Information and Transactions, Legal Products and Notary Legal Products in the future. Based on the authority of the Notary in making the deed of deposit or "van depot" deed for the electronic contract, what is the form of the deed of deposit or "van depot" deed for the electronic contract. Which title of the Deed must be used: "Deed of Deposit of Electronic Contract" or "van depot" Deed of Electronic Contract"?