Legality Notary Deed using cyber notary documents as evidence in the principle of the tabellionis officium fideliter exercebo

Abstract

The implementation of legal actions electronically regarding certain matters needs to be stated in an authentic deed so that the concept of cyber notary emerges. Although it has been accepted in practice, but the making of a deed by means of a cyber notary is not in harmony with the provisions of Article 16 letter m of the JN Law which requires the making of a notary deed directly. In addition, cyber notary documents are electronic documents which are essentially made for the purpose of proof. Meanwhile, in Article 5 paragraph (4) of the ITE Law, notary deeds are excluded from electronic evidence.This study aims to determine the power of cyber notary documents in the making of notary of notary deeds and the legality of notary deeds by using cyber notary documents as evidence in terns of the tablelionis officium fideliter exercebo principle. This research uses normative legal research, with primary legal materials and secondary materials.The technique of collecting legal materials that have been collected are analyzed using qualitative descriptive analysis.The results of this study are the notary’s authority to provide services electronically to produce cyber notary documents. Notary cyber document resulting from the implementation of the notary cyber has no strength in the manufacture does not qualify making notarial deed stipulated in Article 16 paragraph (1) c and m of the JN Law, so that the power of proof of a noraty deed made based on the concept of a cyber notary in the form of an electronic document the same as the power of proof such as a letter or deed made under the hand.