Remodeling Cyber Notary Concept in Making Notarial Deeds Electronically

Entering the era of society 5.0, the rapid development of information and electronic technology has changed aspects of legal development in the realm of public law and private law by implementing e-government, e-commerce, fintech, and e-contracts, among others. Specifically in notarial law, a new concept is currently regulated regarding cyber notary. Currently, cyber notary is only interpreted as certifying transactions electronically. It is undeniable that cyber notary regulations still have many shortcomings, including the lack of clarity regarding the scope, limitations and procedures for implementing cyber notary authority. Cyber notary also does not regulate the making of notarial deeds electronically. This study raises the issue of the urgency and legal problems of making notarial deeds electronically, and how to apply cyber notary remodeling in making notarial deeds electronically. The research method is normative juridical with analytical descriptive research specifications and philosophical, conceptual, statutory and comparative legal approaches using legal materials which are then analyzed qualitatively by drawing conclusions using deductive techniques. Based on the research results, the rapid development of technology in Indonesia has brought major changes in the aspects of public and private law, so that it is urgent to be applied in notarial law, especially in the making of notarial deeds electronically. Various legal obstacles were found both in terms of legal substance, legal structure, and legal culture with horizontal and vertical disharmony in the making of notarial deeds electronically. Facing these various challenges, therefore, a remodeling of the cyber notary concept is needed so that it can be applied in the making of notarial deeds electronically. The conclusion of this study shows the urgency of implementing information technology in the practice of notary office, especially in making notarial deeds electronically. Every legal obstacle, whether related to the obstacle of disharmony of laws and regulations, the absence of an authorized institution in implementing cyber notary and the notary legal culture must be carried out conventionally can be overcome by remodeling the concept of cyber notary in making notarial deeds electronically with a comparative legal approach from France, Germany and Estonia.

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Publication Details

Journal
Sultan Agung Notary Law Review
Published
2024-12-27
DOI
https://doi.org/10.30659/sanlar.v6i4.42413
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Remodeling Cyber Notary Concept in Making Notarial Deeds Electronically

Nadia Shafa Ghalia Berliana, Sabrina Zahara Noor Rahma, Anisa Salsabila, Unggul Basoeky
Sultan Agung Notary Law Review
Indonesian Legal and Regulatory Studies
article

Remodeling Cyber Notary Concept in Making Notarial Deeds Electronically

Nadia Shafa Ghalia Berliana, Sabrina Zahara Noor Rahma, Anisa Salsabila, Unggul Basoeky
article en

Abstract

Entering the era of society 5.0, the rapid development of information and electronic technology has changed aspects of legal development in the realm of public law and private law by implementing e-government, e-commerce, fintech, and e-contracts, among others. Specifically in notarial law, a new concept is currently regulated regarding cyber notary. Currently, cyber notary is only interpreted as certifying transactions electronically. It is undeniable that cyber notary regulations still have many shortcomings, including the lack of clarity regarding the scope, limitations and procedures for implementing cyber notary authority. Cyber notary also does not regulate the making of notarial deeds electronically. This study raises the issue of the urgency and legal problems of making notarial deeds electronically, and how to apply cyber notary remodeling in making notarial deeds electronically. The research method is normative juridical with analytical descriptive research specifications and philosophical, conceptual, statutory and comparative legal approaches using legal materials which are then analyzed qualitatively by drawing conclusions using deductive techniques. Based on the research results, the rapid development of technology in Indonesia has brought major changes in the aspects of public and private law, so that it is urgent to be applied in notarial law, especially in the making of notarial deeds electronically. Various legal obstacles were found both in terms of legal substance, legal structure, and legal culture with horizontal and vertical disharmony in the making of notarial deeds electronically. Facing these various challenges, therefore, a remodeling of the cyber notary concept is needed so that it can be applied in the making of notarial deeds electronically. The conclusion of this study shows the urgency of implementing information technology in the practice of notary office, especially in making notarial deeds electronically. Every legal obstacle, whether related to the obstacle of disharmony of laws and regulations, the absence of an authorized institution in implementing cyber notary and the notary legal culture must be carried out conventionally can be overcome by remodeling the concept of cyber notary in making notarial deeds electronically with a comparative legal approach from France, Germany and Estonia.

Sultan Agung Notary Law ReviewVol. 6(4)
Diponegoro University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Indonesian Legal and Regulatory Studies
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