Paradigma Baru Pelaksanaan Tugas Jabatan Notaris dalam Kerangka Pengembangan Konsep Cyber Notary di Indonesia

Abstract

The digital transformation has influenced the working paradigm of notaries in various countries, including Common Law, Civil Law, and Indonesia. The challenge in implementing Cyber Notary relates to the legal aspect of evidence, particularly within the Information and Electronic Transactions Act (ITE). There is a need for a strong legal foundation in the Notary Law to accommodate technological changes and provide legal certainty. The First Amendment to Law No. 19 of 2016 and the Second Amendment to Law No. 1 of 2024 on Law No. 11 of 2008 have responded positively to digital developments, creating an inclusive legal framework for the utilization of technology in ITE. This dissertation employs normative legal research with a prescriptive analytical nature, prioritizing secondary data such as primary, secondary, and tertiary legal materials. Primary research data are obtained from field research through interviews. A conceptual legislative approach is utilized in the research methodology. Data analysis is qualitative, and conclusions are drawn through deductive reasoning methods. The research findings indicate the necessity of a uniform legal umbrella from the Notary Law regulations (UUJN) by expanding the authority of notaries beyond conventional public services, particularly in the authentication of electronic deeds. The opportunity for implementing the Cyber Notary concept, as reviewed through the amendment of Article 5 of Law No. 1 of 2024, can be interpreted as an innovation reflecting a positive response to technological advancements by creating an innovative, inclusive, and adaptive legal framework to support digital notaries. The new paradigm in the execution of notarial duties transforms the way work is done through the legal reconstruction of Cyber Notary by leveraging digital technology as a means to assist tasks and meet the demands of the times, which require a practical, fast, and easy legal service system.