Notary's Responsibility for the Validity of Deeds in the Implementation of Cyber Notary in Indonesia

Abstract

The development of digital technology has brought significant changes to the legal services system, including notarial practices in Indonesia. The implementation of cyber notary emerged as a form of modernization of the notary profession through the use of information technology in the electronic creation, storage, and validation of deeds. However, this practice has given rise to debate regarding the validity of deeds and notary accountability due to the lack of harmonization between the Notary Law (UUJN), the Civil Code (KUH Perdata), and the Electronic Information and Transactions Law (ITE Law). This lack of synchronization of norms results in electronic deeds not being categorized as authentic deeds, thus creating legal uncertainty and potential civil liability for notaries if the deeds are disputed. This study uses a normative juridical method with a statutory and conceptual approach to analyze the limits of notary responsibility and the urgency of regulating the implementation of cyber notary in Indonesia. The results indicate that the establishment of regulations is necessary to regulate the procedures for the legal creation, verification, and validation of electronic deeds. Thus, the government and notary officials also need to actively participate in establishing operational standards that provide legal clarity for notaries when working with digital technology. This is key to realizing a digital notary system that is efficient, adaptive, and still ensures legal certainty.