DIGITALISASI PROTOKOL NOTARIS: REKONSTRUKSI HUKUM TERHADAP RISIKO DAN TANGGUNG JAWAB NOTARIS PENERIMA DALAM EKOSISTEM CYBER NOTARY

Abstract

Abstract

Globalization and advances in Information and Communication Technology (ICT) have driven the transformation of legal services toward digital efficiency, including in notarial practice through the concept of Cyber ​​Notary. This study analyzes the urgency of legal reconstruction regarding the storage of Notary protocols, which has so far been carried out conventionally on a paper-based basis. The main issues raised are the phenomenon of "bloating" in physical protocols, which places operational and financial burdens on Notaries receiving the protocols, and the risk of document damage. Furthermore, there is legal uncertainty resulting from the antinomy of norms between the conservative Notary Law (UUJN) and the progressive ITE Law. The research method used is normative juridical with a statutory and conceptual approach. The results show that digitizing Notary protocols is not merely an option, but rather a necessity to maintain the integrity of state archives in the digital era. The responsibility of Notary recipients has transformed into guarantors of electronic system security and data authenticity. Although the UUJN still assumes a physical form, the legality of digital protocols has strong legitimacy through a systematic interpretation of the ITE Law and the Archives Law, and the support of Constitutional Court Decisions regarding electronic evidence. The conclusions of this study emphasize the need for a reactualization of the UUJN (National Notary Law) to equalize digital protocols with physical ones. Suggestions include revising regulations regarding protocol definitions, providing a secure national repository infrastructure by the government, and developing digital archive retention regulations to address the growing volume of physical documents in notarial practice in Indonesia.

Keywords: Cyber ​​Notary; Digitalization; Legal Certainty; Notary Protocol; UUJN.