ANALISIS KONSEPTUAL PENERAPAN CYBER NOTARY TERHADAP PERIKATAN ISLAM

RIksan Jaya. NIM: 18020102069, R (2023) ANALISIS KONSEPTUAL PENERAPAN CYBER NOTARY TERHADAP PERIKATAN ISLAM. Other thesis, IAIN KENDARI.

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Abstract

Riksan Jaya. NIM: 18020102069. Conceptual Analysis of the Application of
Cyber Notary to Islamic Engagement. guided by Mr. Dr. Andi Yaqub M.H.I.,
as supervisor I and Mr. L.M. Iman A. Anantomo Uke, S.H., M.H., as Advisor
II.
Until now, the discussion on cyber notaries has not yet been implemented.
This is because there is no uniform legal umbrella for the use of cyber notaries. This
study uses a type of normative analysis based on legal and literary studies, using
the method of preparing the theory of concept analysis and developing the concept
attainment method. The main reason for conducting this research is because there
has been no research discussing the concept of an e-notary based on sharia
economic law, especially in contract matters. This study aims to determine the
concept of the results of transactions carried out by cyber notaries in terms of
Islamic engagement and will be a source of reference in knowing the validity of
electronic signatures and electronic documents, an overview of cyber notaries, and
role models for implementing work systems in notary offices in transactions that
comply with sharia economic law. The results of the study found the reasons for the
ITE Law excluding electronic certificates as legal evidence because the initial
understanding when this law was formed referred to UUJN 2004, which was
inherent in general and has been interpreted that a deed is called authentic if it is
physically attended, signed directly (wet ink stamping), and kept in a special book
(paper), even though these pillars are actually only in the UUJN explanation; The
cyber notary can already be applied because, in the orderly drafting of Per-UUs, the
explanation of the Act may not add, narrow, or expand the norms contained in the
body of the Act; Electronic evidence is still an extension of evidence in court. The
standard for halal objects differs in each country, thus affecting the object of the
engagement if the transaction is carried out between countries, but as long as the
object does not contain an unlawful element, the transaction may continue.

Keywords: Concept; Cyber notaries; Proof; Islamic alliance

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