Legal Validity of Electronic Signatures on Special Powers of Attorney in Court

Selamet Budiono
Imam Suroso
Selamet Budiono: Universitas Bhayangkara Surabaya
Imam Suroso: Universitas Bhayangkara Surabaya

Abstract

In Article 1 number 12 of Law Number 19 of 2016 "Electronic Signature consists of Electronic Information that is attached, associated or related to other Electronic Information used as a means of verification and authentication" and Article 5 paragraph (2) of Law Number 18 2003 explained that the area of work of advocates is very wide, therefore signatures on special power of attorney between advocates and clients as well as between advocates can potentially not be done directly. The topic of this research is a study to find out the Legal Concept Of Electronic Signature Validity On Special Power Of Attorney By Advocates For Trialing In Judgment. This study intends to understand 1. What are the legal provisions for electronic signatures in the judiciary; 2. How is the validity of the electronic signature on the special power of attorney to proceed in court. This study uses a descriptive qualitative method using the concept of deductive reasoning with a normative approach including: statue approach, conceptual approach, historical approach, case approach. With primary legal materials, statutory regulations, jurisprudence, secondary legal materials in the form of books, journals, scientific works, and the results of previous research related to the problem being studied. This Study that based on the groundnorm associated with deductive reasoning by referring to the principle of freedom of contract along with the limitations on its application, affixing an electronic signature in a special power of attorney should be applicable, provided that the electronic signature is made through a certified Private Scope Electronic System Organizing Agency.