THE AUTHORITY OF A NOTARY IN MAKING AUTHENTIC DEEDS ELECTRONICALLY ACCORDING INDONESIAN POSITIVE LAW

Abstract The Notary Law provides an opportunity to create authentic deeds electronically, but how to do this is not fully explained, so there is a gap in the norms in the Law. This study aims to discussregarding the philosophy of making authentic deeds electronically in Indonesia, the authority of notaries in making authentic deeds electronically according to Indonesian positive law, and the concept of a model for regulating authentic deeds electronically by Notaries in law according to Indonesian positive law. This research is a normative legal research or also called library legal research using the Statute Approach, Conceptual Approach, Comparative Approach, Historical Approach and Philosophical Approach. The results of this study indicate that the philosophy of making authentic deeds electronically in Indonesia must essentially be in accordance with the objectives of the law, namely to guarantee legal certainty, create order, and guarantee benefits. Because there is no prohibition in the Law on making deeds electronically, notaries are authorized to make deeds electronically, because the task of a notary is to make legal discoveries. To align perceptions about the authority of notaries in making notarial deeds electronically, it must be stated in the law by amending/improving Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries, by adding one paragraph whose contents are to carry out its authority, the making of notarial deeds can be done electronically.