DIGITAL TRANSFORMATION IN NOTARY PRACTICE: IMPLEMENTATION OF ELECTRONIC CERTIFICATES FOR AUTHENTIC DEEDS BASED ON THE NOTARY OFFICE LAW
Main Article Content
Maulita Tri Rosida
Rusdianto Sesung
Technological developments have brought a wave of digital transformation that has spread across various sectors of life, including the world of notarial practice in Indonesia. This research is designed to examine how notaries actually implement electronic certificates (SE) in the process of creating authentic deeds. This study specifically focuses on Law Number 2 of 2014 concerning the Office of Notaries (UUJN) and examines its relationship with the Electronic Information and Transactions Law (UU ITE). The use of electronic certificates and electronic signatures (TTE) essentially offers great promise: efficiency, speed, and increased security for legal documents, a step forward that aligns with the ideals of a "Cyber Notary." However, our investigation revealed gaps or normative discrepancies. On the one hand, the UUJN still firmly requires the physical presence of the parties and the written form of the deed on paper. On the other hand, the ITE Law has been much more progressive in recognizing the validity of electronic documents. This regulatory gap is very pronounced. The absence of explicit regulations governing electronic authentic deeds created by notaries has created legal uncertainty surrounding their evidentiary validity. Therefore, this study emphasizes the crucial need for regulatory harmonization. Furthermore, the development of an integrated digital infrastructure is crucial to ensure complete legal certainty and protection for both the public and notaries in the digital era.
Ahimsya, MGRS (2025). Legal Review of Digital Transformation through Electronic Signatures in Notarial Deeds (Master's thesis). Sultan Agung Islamic University, Semarang.
Alamanda, MD, & Anindita, SL (2025). Challenges and Prospects of Cyber Notary in Indonesia. Syntax Literate Journal. Arifin, M. (2020). Implementation of Electronic Signatures in the Notary Administration System. Journal of Information and Communication Technology.
Black, H. C. (2009). Black's Law Dictionary (9th ed.). West Publishing Co.
Chastra, D.F. (2021). Cyber notary legal certainty in the rules for making authentic deeds by a notary based on the notary position law. Indonesian Notary.
Indonesia. (2008). Law Number 11 of 2008 concerning Electronic Information and Transactions. State Gazette of the Republic of Indonesia 2008 Number 58.
Indonesia. (2014). Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. State Gazette of the Republic of Indonesia 2014 Number 3.
Ministry of Communication and Informatics of the Republic of Indonesia. (2018). Regulation of the Minister of Communication and Informatics Number 11 of 2018 concerning the Implementation of Electronic Certification.
Lestari, D. (2019). Digital Transformation in Notary Services in Indonesia. Journal of Law and Development, 49, 187-202.
Lestari, D. (nd). Digital Transformation in Service.
Nurlaeli, N. (2025). Implementation of a Web-Based Certificate Information System at Notary and Land Deed Official Offices. Informatics Journal.
Minister of Communication and Informatics. (2018). Regulation of the Minister of Communication and Informatics Number 11 of 2018 concerning the Implementation of Electronic Certification. State Gazette of the Republic of Indonesia 2018 Number 1419.
Monetery, FR (2023). The validity and evidentiary power of notarial deeds: The perspective of cyber notary in Indonesia. Notarius.
Pratama. (2021). Legal analysis of the implementation of electronic certificates in the creation of authentic notarial deeds in Indonesia. Journal of Law and Notary Affairs.
Pratiwi, D. &. (2021). The position of electronic certificates in digitally proving notarial deeds. Journal of Law and Development, 115–130.
Rossalina, Z., Bakri, M., & Andriajani, I. (2025). The Validity of Notarial Deeds Using Cyber Notary as Authentic Deeds. Brawijaya University Law Journal.
Soekanto, S. &. (2010). Normative legal research: A brief review. RajaGrafindo Persada.
Tampanguma, MY (2024). Legal study on the electronic creation of notarial deeds. Lex Privatum.
Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary
Law Number 19 of 2016 concerning Electronic Information and Transactions.
Wijaya, S. d. (2020). Legality of Cyber Notary-based notarial deeds as authentic deeds. Journal of Legal Communication.
Yamin, SD (2022). A legal review of the electronic creation of notarial deeds based on Indonesian laws and regulations. Journal of Legal Reform, 1-15.
Zain, MA (2022). Cyber Notary as an effort to realize legal certainty and protect people's rights in the Digital Era. CItra Bakti Scientific Journal of Education.
