PRINSIP MENGHADAP DI HADAPAN NOTARIS DALAM TRANSFORMASI DIGITAL KENOTARIATAN UNTUK MENJAMIN OTENTISITAS DAN KEPASTIAN HUKUM

Abstract

Abstract

Digital transformation in Indonesian notarial practices currently faces serious challenges regarding legal certainty and the authenticity of deeds. This research aims to analyze the juridical obstacles to the implementation of cyber notary and to formulate legal reconstruction to guarantee the evidentiary power of electronic deeds. The research method used is normative juridical with a statutory approach and a conceptual approach. The results show that Article 16 paragraph (1) letter m of the Notary Position Act, which requires the real physical presence of the parties, and the exclusion of notarial deeds in Article 5 paragraph (4) letter b of the Information and Electronic Transactions Act, are the main obstacles to notarial digitalization. This regulatory asynchrony has implications for the risk of degrading the evidentiary power of authentic deeds into privately signed deeds as regulated in Article 1869 of the Indonesian Civil Code. Therefore, legal reconstruction is needed through redefining the concept of appearing into functional-virtual presence and the legalization of certified electronic signatures. This step is crucial to provide solid legal certainty and protection for the public in Indonesia's digital transaction ecosystem.

Keywords: Legal Certainty; Authentic Deed; Cyber Notary; Digital Transformation.