Pengaruh Disrupsi Era Digital Terhadap Akta Notaris Sebagai Alat Bukti Autentik

Abstract

This study aims to discuss the effect of disruption of the digital era on Notary deeds as authentic evidence. The problems to be answered are first, what is the effect of disruption brought by digital era on Notary Deeds as authentic evidence; and second, how is the validity of Notary Deeds as authentic evidence amidst the said disruption brought by digital era? The method used is a normative legal research, by using a statutory approach through examining all the laws related to the problem. The data collection techniques were in the form of literature studies, document studies and interviews. Data were collected and analyzed in a descriptive-qualitative manner. The results of the study show that First, disruption affects publicity and non-publicity of the Notary Deeds, namely Notaries who have begun to transition from conventional methods to the use of information technology, hence that all legal entity settlements which include legal entities are carried out by the Legal Entity Administration System (SABH) and AHU online. Meanwhile, the notary's non-publicity deed, namely online contract law or non-contact contracts, is one of the norms or legal rules that develop and keep up with the times, this is due to the principle of freedom of contract. Second, the evidentiary power of the notary's publicity deed is based on the Decree of the Minister of Law and Human Rights Number M-05 HT.01.01 of 2002, while the validity of electronic contracts has been recognized by laws and regulations, as long as it is agreed upon by the parties concerned. At present this applies to non-publicity deeds only made based on non-contact contracts or electronic contracts, but regarding the signature it is only a certain object. An electronic signature can be used if the signature is certified, namely an electronic signature that uses an Electronic Certificate from the services of an Indonesian Electronic Certification Operator (PSrE) that is recognized by the Ministry of Communication and Informatics (Ministry of Communication and Informatics)