Abstract
Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.
Highlights
The preeminent inevitability of human progress, development, modernization, and globalization has exposed every sector that involves technology, including the laws
We found that the word “cyber notary” and the Indonesian word for “electronic” only appear once, in the elucidation of the provision of Article 15 paragraph (3) of Law No 2 of 2014 regarding the Amendment of Notary Law
In accordance with the topic raised in this research, the main issues serving as the objectives of this work are as follows: 1) understanding the regulation of cyber notaries in the context of Indonesia’s positive law, 2) analyzing the challenges involved in implementing a cyber notary system in Indonesia, and 3) identifying the ways in which cyber notaries can be implemented in Indonesia
Summary
The preeminent inevitability of human progress, development, modernization, and globalization has exposed every sector that involves technology, including the laws. The final industrial revolution, that is, the fourth industrial revolution, has been marked by digitalization and the fusion of production and information and communication technologies.1 Despite these technological advancements, the legal profession, including the civil law notary, does not appear to have undergone significant changes. In accordance with the topic raised in this research, the main issues serving as the objectives of this work are as follows: 1) understanding the regulation of cyber notaries in the context of Indonesia’s positive law, 2) analyzing the challenges involved in implementing a cyber notary system in Indonesia, and 3) identifying the ways in which cyber notaries can be implemented in Indonesia.
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