A complete digital solution for legal documents by Mekari Sign

Some of the duties of a notary are:

• Provide legal counseling related to the making of the deed
• Do bookkeeping on private letters by writing them on waarmerking
• Legalize or certify the compatibility of copies of documents with the originals
• Make various deeds relating to land
• Make a deed related to the minutes of the auction
• The notary corrected a typo on the minutes of the signed deed
• Make a copy of the letter under the original hand which makes the description as written in the letter concerned
• In addition, based on UU no. 2 of 2014 in Pasal 15, notaries have the authority to make authentic deeds regarding all actions, agreements, and determinations required by laws and regulations.

The notary deed is regulated in Pasal 1868 of KUHPer (Civil Code) which stated:

“The authentic deed is a deed made in a form determined by law by or before an authorized public official at the place where the deed was made.”What is PPAT?

PPAT according to PP No. 24 of 2016 is a public official who is authorized to make authentic deeds regarding certain legal actions of land or ownership rights to Flat Units.

The specialization of the PPAT profession is related to land legality deeds. This is related to the inauguration of the PPAT which was carried out by the BPN or the National Land Agency before the PPAT serves officially.

PPAT is in charge of carrying out various land registration activities. Land registration is carried out by making a deed as proof that certain legal actions have taken place, according to what is stated in Pasal 2 No. (2) PP No. 37 of 1998:

• Buy and sell
• Exchange
• Grant
• Granting of building usage rights over land with ownership rights
• Entry into the company (inbreng)
• Granting Mortgage Rights
• Shared rights
• The granting of power of attorney imposes Mortgage Rights

In addition to the differences referred to the legal basis, the differences between the two lie in the tasks & authorities, regional authorities, and ways of working.

The task of a Notary is to make authentic deeds regarding all actions, agreements, and provisions required by laws and regulations. While the duties of the PPAT are limited to carrying out some of the land registration activities that will be used as the basis for changing land registration data.

The regional authority of a Notary Public covers all areas within one province where he is domiciled. Meanwhile, the PPAT includes a predetermined domicile and does not have the power to carry out tasks in other areas.

The notary’s way of working is to guarantee the certainty of the date of making the deed, save the deed, provide grosse, and flow and quote the deed. The way PPAT works focuses on land registration activities which include making deeds.

Electronic Certification Operator or PSrE is a legal entity that functions as a trusted party, which audits Electronic Certificates. In Indonesia itself, PSrE is formed and implemented in accordance with Government Regulation No. 71 of 2019. Signatures that have this certificate are called Certified Electronic Signatures.

PSrE is divided into two:

1. Main/Parent (Induk) PSrE
   Electronic Certificate Provider or Certification Authority (CA) run by the Government of Indonesia
2. Parented (Berinduk) PSrE
   Electronic Certificate Provider or Certification Authority (CA) that has been recognized by the main PSrE to carry out digital certificate services.

The UU ITE regulates the legal force and validity of electronic signatures. To be precise, electronic signatures are regulated in the UU ITE Pasal 1 No. 12. It is stated in the article that electronic signatures are legally valid in Indonesia.

• Electronic signatures can reduce administrative time and costs
• Electronic signatures are legally binding and safe to use
• Electronic signatures can improve business operational efficiency

Compared to conventional signatures, electronic signatures certainly has several benefits. Some of them are:

• Reducing costs
• Saving time
• Better Security
• Increasing Productivity
• Environmentally friendly

The maximum prison sentence for forging a signature is six years. This has been fully regulated in Pasal 236 of the Criminal Code (KUHP).

However, not all forgery of signatures carries a prison sentence as the forged letter must meet one of these conditions:

• Letters regarding rights. For example, diplomas, admission tickets, letters of contribution, and others.
• Issues an agreement. Such as sale and purchase agreements, accounts receivable agreements, rental agreements, and others.
• ssue a lost Debt. For example, receipts, checks, and the like.
• Letters that can be used as a description of an action or event. For example, birth certificates, savings books, cash books, and so on.
• Imprisonment sentences imposed on forgery that cause a large loss to another party. For example, such as forgery of land deeds, bank signatures, or power of attorney.

The legal bases for stamp duty are:

• UU No. 10 of 2020 Concerning Stamp Duty
• Regulation of the Minister of Finance No. 4/PMK.03/2021 Regarding Payment of Stamp Duty, General Characteristics and Special Characteristics of Stamp Stamps, Stamp Stamps in Other Forms, and Determining the Validity of Stamp Duty, as well as Subsequent Sealing

No, seals are not included in the legal terms of the agreement. In Pasal 1320 of the KUHPer (Civil Code), the terms of the agreement are valid if:

• There is an agreement
• The prowess of the parties
• There’s a certain thing
• The object of the agreement

So, if the agreement uses a stamp duty but does not meet the four conditions above, then the status is still invalid in the eyes of the law.