THE URGENCE OF CYBER NOTARY IN THE DEVELOPMENT OF LAW IN INDONESIA

Abstract

The legality of a cyber notary-based Notary Deed as an Authentic Deed based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions and positive law in Indonesia is that it does not have perfect proof like an Authentic Deed, because a Notary Deed with using the cyber notary does not meet the requirements for the Authenticity of a Deed as stated in the provisions of Article 1868 of the Civil Code.
In addition, Law Number 2 of 2014 concerning Amendments to Law Number: 30 of 2004 concerning the Position of a Notary and Law Number 11 of 2008 concerning Information and Electronic Transactions have also not explicitly accommodated the application of Cyber Notary to an Authentic Deed, so that A deed made by a Notary using a Cyber Notary does not have the power of proof like an Authentic Deed.
Notary deeds using a cyber notary are not recognized as electronic evidence. This is because there is a prohibition in the provisions of Article 5 paragraph (4) of Law Number 11 of 2008 concerning Electronic Information and Transactions which reads: "The provisions regarding electronic information and/or electronic documents as referred to in paragraph (1) do not apply to :
1. A letter which according to the law must be in written form;
The letter and its documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed.”