CYBER NOTARY JURIDICAL REVIEW IN THE LEGAL SYSTEM IN INDONESIA

Abstract

Development of information technology has a positive impact on improving the economy, one of which is transactions via the internet where a person can make a sale and purchase agreement without having to meet face to face considering the very long distance between the two parties. The role of the Notary is demanded to be able to participate in the development of technology and information, because in an electronic transaction it is very possible for the intervention of a Notary as a trusted third party in conventional transactions. Draft Cyber Notary wants to provide a legal frame, namely that the act of facing the parties or facing before the Notary, which later the Notary will no longer have to meet physically (face to face) in a certain place. Legality of Notary-Based Deeds Cyber notary as an Act Authentic based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary and positive law in Indonesia does not have perfect proof like an Authentic Deed, because the Notary Deed uses cyber notary it does not fulfill the Authenticity requirements 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 Notary Public and Law Number 11 of 2008 concerning Information and Electronic Transactions also do not explicitly accommodate the implementation Cyber ​​Notary to an Authentic Deed, so that the Deed made by a Notary uses Cyber ​​Notary does not have the same evidential force as the Authentic Act. Notary Act by using cyber notary 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 Information and Electronic Transactions.