The Legality of Electronic Deeds in the Cyber Notary Concept in Indonesia

Abstract

This research aims to analyze: 1) Criteria for cyber notary principles that can be applied in Indonesia. 2) Legality of electronic deeds in the cyber notary concept in Indonesia. This type of research is normative legal research. The approach methods in this research are the statutory approach (statue approach) and the comparative approach (comparative approach. The type and source of data in this research is secondary data obtained through literature study. The analysis in this research is prescriptive. The research results are concluded: 1 ). The criteria for cyber notary principles that can be applied in Indonesia are that they must comply with existing regulations, such as UUJN and UUITE. Data security and privacy must be guaranteed through the use of encryption technology, document integrity and authentication must be maintained, accessibility and ease of use need to be considered, apart from that a clear legal and policy framework is needed to guarantee the validity and legal force of digitally notarized documents, collaboration with institutions related. However, it seems difficult for a Notary to realize cyber notary as long as there are no changes to the regulations in the UUJN. Moreover, the provisions in UUITE which regulate that electronic information and/or electronic documents are valid legal evidence, however, do not apply to letters and their documents which according to law must be made in the form of a notarial deed or a deed made by a deed-making official. 2) The legality of electronic deeds with the cyber notary concept is based on the legal substance of the Law on Notary Positions, UUITE and the Civil Code which regulates the mechanism for making authentic deeds, and the requirements for the authenticity of notarial deeds. It can be understood that the use of deeds made electronically by notaries does not meet Authentic deed authenticity requirements. So the use of deeds made electronically by notaries is not in accordance with the function and purpose of making authentic deeds, namely providing legal certainty and having evidentiary value. Making an Authentic Deed which is carried out electronically still has problems and obstacles due to conflicting regulations. The obstruction of the Cyber notary concept is caused by formal requirements which require the presence of the parties before a Notary Public so that this shows that the formal requirements for making a notarial deed are cumulative and not alternative in nature so they must be fulfilled.