Notary offices should be aware of the importance of using substitutes for signatures and fingerprints

Oct 13, 2025 by thesweetdesigns.com 5 views

Juridical Analysis Substitutes for Signatures and Fingerprints for the Face of Persons with Physical Disabilities

Introduction

The Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the position of Notary has brought significant changes to the notary profession in Indonesia. Article 16 paragraph (1) letter c of this law requires a notary to attach a letter and fingerprint document to the Minuta Deed. However, what if a person with physical disabilities cannot put their signature and fingerprints on the Minuta of the Deed? This article will provide a juridical analysis of substitutes for signatures and fingerprints for people with physical disabilities, focusing on Article 16 paragraph (1) letter c and Article 44 paragraph (1) of Law Number 2 of 2014.

Function of Signature and Fingerprints in a Notary Deed

Signature and fingerprints in the Minuta of the Notary Deed have a vital function as proof of identity and adaptation approval. Signature functions as a unique identification for each individual, while fingerprints, which are permanent and different in each person, provide higher legal certainty. The use of signature and fingerprints is essential in notary deeds to ensure the authenticity and validity of the document. Without these, the notary may not have preliminary evidence to prove the formal truth of the face facing as stipulated in the Minuta of the Deed.

Legal Consequences of Not Putting Signatures or Fingerprints

If a person with physical disabilities cannot put their signature or fingerprint in the Minuta of the Deed, the notary does not have preliminary evidence to prove the formal truth of the face facing as stipulated in the Minuta of the Deed. This has the potential to cause disputes in the future, because there is no strong evidence to strengthen the validity of the deed. The lack of signature and fingerprints may lead to challenges in the court, as the authenticity and validity of the document may be questioned.

Substitute for Signature and Fingerprints for People with Physical Disabilities

To overcome these problems, there are several alternative substitutes for signatures and fingerprints for people with physical disabilities:

*** Use of Surrogate: ** Notary can ask for help from trusted third parties, such as family or representatives, to affix signatures and fingerprints in the name of the following. This substitute is widely accepted in Indonesia and is considered a reliable alternative to signature and fingerprints.

*** Lip Print: ** Lip print, which has a unique pattern in each individual, can be used as an alternative to a fingerprint substitute. Lip print is a biometric feature that is unique to each person and can be used as a substitute for fingerprints.

Legal Analysis

Juridical analysis in this case is based on the theory of legal protection, theory of legal certainty, the theory of benefit, and the theory of the power of authentic deeds.

*** Theory of Legal Protection: ** Application of Substitute for Signature and Fingerprints Protects the rights of persons with physical disabilities to obtain legal certainty in various transactions. This theory emphasizes the importance of protecting the rights of individuals with physical disabilities.

*** Theory of Legal Certainty: ** The use of lips or surrogate provides legal certainty by providing evidence of the identity of the following, even though they cannot affix their own signatures and fingerprints. This theory highlights the importance of providing evidence to support the authenticity and validity of the document.

*** Theory of Benefits: ** Substitute for signatures and fingerprints is useful to ensure the validity of the deed and minimize disputes in the future. This theory emphasizes the benefits of using substitutes for signatures and fingerprints.

*** Theory of Strength of Proof of Authentic Deed: ** The deed made by a notary is authentic evidence. Therefore, a substitute for signatures and fingerprints must be accounted for and accepted as valid evidence. This theory emphasizes the importance of using substitutes that are accepted as valid evidence.

Conclusion

Substitute for signature and fingerprints for people with physical disabilities is an important solution to ensure justice and legal certainty in various transactions. The use of lip print or surrogate is an alternative that can be considered to meet legal requirements and protect the rights of persons with physical disabilities. This article has provided a juridical analysis of substitutes for signatures and fingerprints for people with physical disabilities, focusing on Article 16 paragraph (1) letter c and Article 44 paragraph (1) of Law Number 2 of 2014.

Recommendations

Based on the analysis, the following recommendations are made:

Notary offices should be aware of the importance of using substitutes for signatures and fingerprints for people with physical disabilities.
Notary offices should provide training to notaries on the use of substitutes for signatures and fingerprints.
The government should consider amending the law to include provisions for substitutes for signatures and fingerprints for people with physical disabilities.

By implementing these recommendations, notary offices can ensure that people with physical disabilities have access to justice and legal certainty in various transactions.
Frequently Asked Questions (FAQs) about Substitutes for Signatures and Fingerprints for People with Physical Disabilities

Introduction

In our previous article, we discussed the importance of substitutes for signatures and fingerprints for people with physical disabilities. In this article, we will answer some frequently asked questions (FAQs) about substitutes for signatures and fingerprints for people with physical disabilities.

Q: What are the substitutes for signatures and fingerprints for people with physical disabilities?

A: The substitutes for signatures and fingerprints for people with physical disabilities are lip print and surrogate. Lip print is a biometric feature that is unique to each person and can be used as a substitute for fingerprints. Surrogate is a trusted third party who can affix signatures and fingerprints in the name of the person with physical disabilities.

Q: Why are substitutes for signatures and fingerprints necessary for people with physical disabilities?

A: Substitutes for signatures and fingerprints are necessary for people with physical disabilities because they may not be able to affix their own signatures and fingerprints due to their disability. This can lead to challenges in the court and may question the authenticity and validity of the document.

Q: How do I choose a surrogate for my signature and fingerprint?

A: When choosing a surrogate for your signature and fingerprint, you should choose someone who is trustworthy and reliable. This can be a family member, friend, or representative who is authorized to act on your behalf.

Q: Can I use a digital signature as a substitute for my signature and fingerprint?

A: Yes, you can use a digital signature as a substitute for your signature and fingerprint. Digital signatures are a secure and reliable way to authenticate documents and can be used as a substitute for traditional signatures and fingerprints.

Q: What are the benefits of using substitutes for signatures and fingerprints for people with physical disabilities?

A: The benefits of using substitutes for signatures and fingerprints for people with physical disabilities include:

Ensuring the authenticity and validity of the document
Providing legal certainty and protection for the rights of individuals with physical disabilities
Minimizing disputes and challenges in the court
Ensuring that individuals with physical disabilities have access to justice and legal certainty in various transactions

Q: Can I use a substitute for signatures and fingerprints for other purposes besides notary deeds?

A: Yes, you can use a substitute for signatures and fingerprints for other purposes besides notary deeds. Substitutes for signatures and fingerprints can be used in various transactions, such as business contracts, property deeds, and other documents that require authentication.

Q: How do I ensure that my substitute for signatures and fingerprints is accepted as valid evidence?

A: To ensure that your substitute for signatures and fingerprints is accepted as valid evidence, you should:

Choose a reliable and trustworthy surrogate or substitute
Use a secure and reliable method of authentication, such as digital signatures
Provide documentation and evidence to support the authenticity and validity of the document
Consult with a notary or lawyer to ensure that your substitute for signatures and fingerprints meets the legal requirements.

Conclusion

In conclusion, substitutes for signatures and fingerprints for people with physical disabilities are an important solution to ensure justice and legal certainty in various transactions. By understanding the substitutes for signatures and fingerprints and how to use them, individuals with physical disabilities can ensure that their rights are protected and that they have access to justice and legal certainty.