Authority of Remote Online Notary in Making Notarial Deeds: Comparative Study of the United States Federal Law and the States of Texas and Indonesia

Abstract

This study aims to analyse the authority of remote online notaries in creating notarial deeds and assess the validity of remote online notary deeds in the United States of America, specifically in the States of Texas and Indonesia. The type of research used is normative legal research. The study's results reveal similarities and differences between the authority of a remote online notary in the United States, as outlined in Article 5.1 of the Model Electronic Notarization Act of 2017. The Texas Government Code, Section 406.016, regulates the authority of a remote online notary in the State of Texas. In contrast, Article 15 of Law No. 2 of 2014, which amends Law No. 30 of 2004 concerning the Notary's Position, governs the authority of a notary in Indonesia. However, Indonesian law currently lacks regulations on the authority of a remote notary. In the United States, Section 1625 of the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2021 establishes the validity and legal effect of remote online notarised deeds and recognises their legal authority. The legal consequences of a remote notarial deed made by a remote notary are valid. The validity of a remote notarial deed (remote online act) in the State of Texas is regulated in Government Code Chapter 406, Subchapter C, online notary. Notaries who make remote notarial deeds have received permission from the Texas Secretary of State. Meanwhile, in Indonesia, there are no regulations governing the validity of remote notarial deeds.