The Secretary of the Doctoral Program in Law, Dr. Khotibul Umam, S.H., LL.M., served as an external examiner for the open examination of a doctoral student at the State Islamic University of North Sumatra. The open examination was for Dody Wijaya, whose dissertation was entitled "Electronic Signature of Authentic Deeds by Notaries: An Analysis of Islamic Law." The open examination was held offline on Monday (August 26, 2024).
On this dissertation examination, Promovendus presented his findings regarding the electronic signing regulations on the authentic deed before a public notary. He explained that there is no regulation that guarantees legal justice, despite being ethically fair. According to Promovendus, this weakness exists due to the norm that regulates Cyber Notary in Notary Position Act that remains unclear in terms of the definition and the intention.
Promovendus emphasized that beside the weakness from the substantial, legal structure, and legal culture, this regulation has not accommodated the digital transformation that currently occurring. However, he concluded that the justice can be maintained as long as the basic principle of agreement in Islamic Law, as what have been applied in Islamic Family Law (HKI), complied by two related parties.
As an examiner, Dr. Khotibul Umam, S.H., LL.M. challenged the Islamic Law capability in adapting with the changing of times, especially in digital and artificial intelligence era. Dr. Khotibul raised the topic on the requirements of the contract session and witness testimony within the framework of Islamic contract law. Afterwards, Promovendus answered that the concept of 'one session' (satu majelis) is not limited to a single physical location, but can also be understood as a unity of time.
Regarding the validity on the notarial deed, Promovendus explained that there is no requirement for attending two male witnesses or one male witness and two female witnesses to ensure the validity of a notarial deed. Two female witnesses alone is enough to fulfill the requirement.
This finding by Promovendus is expected to push the more regulations that are adaptive towards the development of technology and still able to maintain the justice principles.
Author : Aulianisa Azza Camelia
Editor: Public Relations
