Validity of Electronic Signature in Notarial Deeds and the Obligation of Parties' Presence

During the notary practice, the signature used on a notary act is usually wet signature that has been legally recognised. However, with the advancement of technology, electronic signatures are becoming more and more popular, including when making notary acts. However, legal debate remains about the validity of the electronic signature in a notary's act, especially as to whether the party must be physically present before the notary. The purpose of this study is to examine the validity of the electronic signature in a notary's act as well as its relationship with the obligation of presence of the parties through normative methods. The research method used is normative jurisprudence with a legal-legislative and conceptual approach. This study looks at how electronic signatures work in a notarial act, evaluates its legal force in cases of dispute between parties, and compares them to conventional signatures. The study found that although electronic signature is recognised in some laws, such as the Information and Electronic Transactions Act, the application of electronic signatures in notary acts requires further legal clarification. In particular, it is not clear how an electronic signature can replace the physical presence of the party required to make a notarial act.