Konsep Cyber Notary dalam Perspektif Asas Tabellionis Officium Fideliter Exercebo Menurut Perundang-Undangan di Indonesia

Abstract

The content of Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of a Notary has spawned the concept of cyber notary. Cyber notary is a concept that utilizes technological advances in carrying out the duties and authorities of a notary. However, in notarial science, there is the Tabellionis Officium Fideliter Exercebo principle. The principle states that a Notary must work traditionally. Based on this background, the formulation of the problem in the research wants to analyze the Tabellionis Officium Fideliter Exercebo Principle in the Notary Law and Regulations system in Indonesia, the Application of the Tabellionis Officium Fideliter Exercebo Principle by the Notary in carrying out his authority and the correlation of the Tabellionis Officium Fideliter Exercebo Principle with the Cyber Notary Concept related to Notary's authority. The method employs in the research is normative legal research, namely a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues encountered. The discussion uses 4 legal theories, namely the theory of law as a tool of social engineering, the theory of progressive law, the theory of effectiveness and success of law enforcement and the theory of legal certainty. The research results and writing discussion are that the Tabellionis Officium Fideliter Exercebo principle is still adhered to in the system of laws and regulations in Indonesia as can be seen in the Civil Code, the Law on Notary Positions, the Information and Electronic Technology Law and the Law of Limited Liability Company. The application of the Tabellionis Officium Fideliter Exercebo principle by a notary is a reflection of the Civil Code, the Law on Notary Positions, the ITE Law and the Limited Liability Company Law. The correlation between the Tabellionis Officium Fideliter Exercebo principle and the cyber notary concept in the current practice of notarial legislation does not contradict each other, indeed supports the drawing up of a deed by a notary.