Abstract:
The development of technology and information has brought significant
changes in various aspects of life, including in the practice of the legal profession
in Indonesia. This research is motivated by the development of the
transformation of the notary world towards the digital era through the concept
of cyber notary. Cyber notary is the notary's authority to certify transactions
electronically. Although Article 15 paragraph (3) of Law Number 2 of 2014
concerning the Notary Position (UUJN) provides the opportunity for such
authority, there is a discrepancy with Article 16 paragraph (1) letter m of the
UUJN which requires the physical presence of the parties and the direct reading
of the deed. This research is a type of normative legal research with a statute
approach that is descriptive and analytical. The results of the study show that
regulations regarding cyber notaries in Indonesia are still experiencing juridical
insynchronization and ambiguity of meaning because the term is only included
in the explanation section without a clear operational definition. From a civil law
perspective, deeds made by the cyber notary method currently do not have the
same legal certainty as conventional authentic deeds because the formality
requirement of "physical presence" in Article 1868 of the Civil Code has not
been met. The implication is that the deed risks degrading the power of proof
into a deed under hand and losing its executory nature. Therefore,
synchronization between the UUJN, the ITE Law, and the Civil Code is needed
as well as clear technical regulations to ensure legal certainty for practitioners
and the public.
