Electronic Notary System and its Certification Mechanism

We have developed a prototype electronic notary system (CYNOS : CYber NOtary System). CYNOS proves facts by providing the evidence (notary token) of events and/or actions that could be used to solve disputes between entities. It is a signature- based system and uses various security techniques to enable the timely certification of entities and fair and highly reliable delivery. It also cooperates with our CA (CANP : Certification Authority for secure Network Platform) through the network. This paper describes CYNOS with regard to its service, functions, and mechanism. The ability of CYNOS to support the nonrepudiation service and some issues on system management are discussed. The additional requirements that are needed if the certification mechanism is to realize practical notarization functions are addressed

Electronic security - risk mitigation in financial transactions : public policy issues

This paper builds on a previous series of papers (see Claessens, Glaessner, and Klingebiel, 2001, 2002) that identified electronic security as a key component to the delivery of electronic finance benefits. This paper and its technical annexes (available separately at http://www1.worldbank.org/finance/) identify and discuss seven key pillars necessary to fostering a secure electronic environment. Hence, it is intended for those formulating broad policies in the area of electronic security and those working with financial services providers (for example, executives and management). The detailed annexes of this paper are especially relevant for chief information and security officers responsible for establishing layered security. First, this paper provides definitions of electronic finance and electronic security and explains why these issues deserve attention. Next, it presents a picture of the burgeoning global electronic security industry. Then it develops a risk-management framework for understanding the risks and tradeoffs inherent in the electronic security infrastructure. It also provides examples of tradeoffs that may arise with respect to technological innovation, privacy, quality of service, and security in designing an electronic security policy framework. Finally, it outlines issues in seven interrelated areas that often need attention in building an adequate electronic security infrastructure. These are: 1) The legal framework and enforcement. 2) Electronic security of payment systems. 3) Supervision and prevention challenges. 4) The role of private insurance as an essential monitoring mechanism. 5) Certification, standards, and the role of the public and private sectors. 6) Improving the accuracy of information on electronic security incidents and creating better arrangements for sharing this information. 7) Improving overall education on these issues as a key to enhancing prevention.Knowledge Economy,Labor Policies,International Terrorism&Counterterrorism,Payment Systems&Infrastructure,Banks&Banking Reform,Education for the Knowledge Economy,Knowledge Economy,Banks&Banking Reform,International Terrorism&Counterterrorism,Governance Indicators

Proposing Notaries’ Deed Digitalization in Indonesia: A Legal Perspective

Along with emerging technology, a notary public's role should adjust this changing development, mainly dealing with a deed. Technological development inevitably impacts the role of a notary public and the future digitization of notarial deeds. To date, notaries in Indonesia remain implementing laws and regulations that have not been changed. In contrast, technological development has shifted rapidly, especially on the notaries' task in appearing, reading, signing, and using stamps. This study aimed to identify the challenges of implementing notaries’ deed digitalization by taking into account rapid technological development. With legal research, this study showed that as a consequence of technological development, notarial functions’ disruption in Indonesia evoked a concept of a cyber notary, an idea of notarial function through an online system. As it has flourished globally, digital disruptions had brought out an electronic system that changed the implementation of works, business, professions, and functions, mainly to notarial functions. Nevertheless, no specific rules were established to amend Notary Law 02/2014, particularly to the requisites of authentic deeds by a cyber notary. Indonesia applied some restrictions on technology to maintain the legality of authentic deeds to place the notarial profession as a public official consistently. KEYWORDS: Indonesian Notaries, Technological Development, Deed Digitalization

Comparison of Legal System Related to Implementation of Cyber Notary in Indonesia With Common Law And Civil Law System

Abstrak Di masa teknologi modern seperti sekarang ini dan terlebih lagi dalam keadaan pandemi Covid-19, disebut juga cyber notary yang mengharuskan semua posisi pekerjaan khususnya perihal ini posisi notaris dalam melaksanakan kewenangan dan tugasnya selaku notaris dengan teknis dengan basis teknologi terkhusus terkait urgensi pembuatan akta notaris dengan elektronik. Pada Pasal 16 Ayat (1) huruf m Undang-Undang Jabatan Notaris (Law 2-2014) mengharuskan seorang notaris dalam membaca akta di hadapan penghadap dengan di hadiri oleh sekurangnya 2 (dua) orang saksi serta diberikan penandatangan ketika itu oleh para pihak, notaris serta saksi. Sementara Undang-Undang Informasi Transaksi Elektronik (UU ITE) pada Pasal 5 Ayat (4) yang memberi batasan dengan melakukan pengecualian akta notaril tidak masuk pada kategori dokumen atau informasi elektronik. Sehingga pembuatan akta dengan elektronik tidak mendapatkan dasar hukum yang signifikan maka belum memberi jaminan kepastian hukum khususnya terkait autentisitas dan keberadaan dari akta elektronik tersebut. Metode penelitian yang dipergunakan yakni dengan metode penelitian hukum normatif yang mempergunakan pendekatan perpu dan analisa konsep hukum dengan bersumberkan dari meteri hukum primer atau sekunder. Hasil penelitian menunjukkan bahwa konsepsi cyber notary ini pada pembuatan akta elektronik dirasakan harus terdapat pengaturan yang memberikan aturan dengan jelas seperti apa syarat atau ketentuan untuk pembuatan akta notaris atau autentik yang dilaksanakan dengan mempergunakan konsep cyber notary. Sehingga notaris dapat melaksanakan tugas jabatan tersebut tanpa berlawanan dengan peraturan perundang-undangan dan undang-undang. Kata kunci: akta notaris; cyber notary; dokumen elektronik Abstract In the era of modern technology as it is today and even more so in the Covid-19 pandemic, cyber notaries require all work positions regarding notaries carrying out their authorities and duties as notaries with technology-based techniques, especially regarding the urgency of making a notary deed. Article 16, Paragraph (1), letter M of the Law on Notary Positions (UUJN) requires a notary to read the deed in front of the audience in the presence of at least 2 (two) witnesses, and be signed by the parties, the notary and the witness. Meanwhile, the Electronic Transaction Information Law (Law 19/2016) in Article 5, Paragraph (4), which provides limitations by making exceptions to notarial deeds does not fall into the category of electronic documents or information. So, the making of an electronic deed does not get a significant legal basis. It does not guarantee legal certainty, especially regarding the authenticity and existence of the electronic deed. The research method used is the normative legal research method that uses the Perpu approach and analysis of legal concepts sourced from primary or secondary legal materials. The results show that the concept of a cyber notary in the making of an electronic deed must have rules regarding the terms or conditions for making a notary or authentic deed that is carried out using the concept of a cyber notary. So, the notary can carry out his duties without contradicting the laws and regulations. Keywords: notarial deed; cyber notary; electronic documen

LEGAL RESPONSIBILITY OF NOTARY DEEDS FOR ELECTRONIC ARCHIVES

Deeds made by notaries as public officials are authentic deeds in accordance with the formulation of Article 1 point (7) of the Law on Notary Office, that notary deeds are authentic deeds made by or before a notary according to the form and procedure stipulated by law. The approach method in this research is juridical normative. Based on the results of data analysis, it can be concluded that the use of electronic archives at least notary deeds has not yet obtained a strong legal basis, so it does not guarantee legal certainty. Legal certainty can be achieved, if there are no provisions that conflict between one law and another. The legal substance in the use of electronic records, at least notary deeds, has not been fully accommodated in the notary office law with the obligation to read the deed in front of witnesses and not meeting these requirements will result in legal sanctions for notaries. the law on information and electronic transactions which is the legal basis for notaries also does not provide an opportunity for electronic deeds by providing limits on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence

The Role of Digital Certificates in EGoverning. The Case of the Romanian Regulation and Surveillance Authority

The implementation of electronic governance related projects implies user authentication,accounts activation and personal data verification. Certain public services, particularly thoseinvolving financial transactions or statements, require a high security level. The use of the PKI technology and, consequently, of digital signatures, constitutes the most viable solution, meeting the required security standards, protecting, on the one hand, the signatory’s identity, and, on the other hand, the integrity of the transmitted message. Due to the use of the digital certificate, the development of online public services is now possible, especially since it meets the requirements of security standards, but also because it is highly trusted by users. This article intends to analyze the impact of the digital certificate on the improvement of communication between state authorities, including specific transactional relations, and also to consider its influence on security improvement of dataflow. The study demonstrates that the digital certificate is closely connected to the information society, directly determining the dynamics of the development of new applications that provide a better interface between the state and its citizens

The Importance of Using Electronic Deeds to Facilitate The Service and Storage of Notary Archives

The rapid progress of the development of information technology has made many changes in human life on earth. Work and activities that used to be done manually are now shifting to using a technological approach. This has been applied in assisting tasks in government and business such as banking, and trading in cyberspace. The rapid advancement of technology in this age of informatics that can provide speed, accuracy, and certainty is a solution to solving various problems and at the same time providing benefits for its users. Notarial deeds play a very important role in facilitating business transactions in the form of trade contracts or other deeds in banking. But unfortunately, in the midst of the advancement of information technology, it turns out that the notarial deed currently does not support the rapid progress of the technology. The question is whether it important to make an electronic deed in carrying out the duties of a notary. The research method used in this paper is a normative juridical method because the results of legal research on electronic deeds that have been carried out so far are still in the form of literature

Design an active verification mechanism for certificates revocation in OCSP for internet authentication

No doubt that data security online is crucial. Therefore, great attention has been paid to that aspect by companies and organizations given its economic and social implications. Thus, online certificate status protocol (OCSP) is considered one of the most prominent protocol functioning in this field, which offers a prompt support for certificates online. In this research, a model designed based on field programable gate array (FPGA) using Merkel’s tree has been proposed to overcome the delay that might have occurred in sorting and authentication of certificates. Having adopted this model and with the assistance of Hash function algorithm, more than 50% of certificates have been processed in comparison with standard protocol. Moreover, certificates have been provided with substantial storage space with high throughput. Basically, Hash function algorithm has been designed to arrange and specify a site of verified or denied certificates within time of validity to protect servers from intrusion and clients from using applications with harmful contents

Reconstruction Of Notary Position Authority and Implementation Of Basic Concepts Of Cyber Notary

E-notary or cyber notary which has become a necessity as a form of adjustment to the development of the times, although its presence is agreed to be impossible to avoid, but it still leaves a pro-cons opinion. Some support and some refuse. Problems that arise related to the validity of the deed made in the cyber notary work system (cyber notary). However the practice of cyber notary in Indonesia today, it will reduce the strength of proof of authentic deed. The decrease is parallel with the text of Article 5 paragraph (4) of the ITE Law which emphasizes that the electronic deed does not have perfect proof of strength like a deed of qualification. Until now the electronic deed is still regarded as a deed under the hand that is equal in value to documents. But the presence of COVID-19, which since March 11, 2020, was determined by WHO as a pandemic, like it or not, forced us to think or review the implementation of the basic concepts of cyber notary. Posts that use the statute approach and the concept are expected to be able to encourage related parties to review the authority of the Notary Position in authorizing the certification of transactions conducted electronically. Keywords: Reconstruction, Notary Authority, Implementation, Basic Concepts of Cyber Notar