Notarial Services Research Articles

Navigating Legal Transformation: Challenges and Prospects of Cybernotary in Enhancing Public Service Efficiency in Indonesia

The concept of cybernotary represents a transformative shift in the notary's role in the digital era, utilizing technology to enhance the efficiency and accessibility of legal services in Indonesia. While cyber notary holds potential for supporting the digitalization of notarial services and meeting the demands of modern society, its implementation in Indonesia encounters significant challenges, particularly in regulatory alignment and limited digital infrastructure. This study aims to provide a deeper understanding of how cyber notary supports the transformation of public services, making them faster, more efficient, and transparent, as well as to identify obstacles that must be overcome to achieve optimal implementation within state institutions. This research employs a qualitative approach, aimed at uncovering an in-depth understanding of e-Notarization's role in strengthening the digitalization process and enhancing the effectiveness of public services by state institutions. From a regulatory perspective, although there is a legal basis permitting electronic transactions, adequate technical and operational guidelines are still lacking to ensure smooth implementation. These challenges are particularly apparent in provisions requiring physical presence for the validation of signatures and fingerprints, which restrict the flexibility of notaries in serving the public digitally. As a result, these regulations constitute a principal barrier to the goals of cyber notary in delivering faster, more efficient, and more accessible legal services.

Notaries’activities during the war: Ukrainian experience

During wartime, notaries face a number of complex legal and organisational challenges that require the adaptation of traditional procedures and approaches to the changed conditions of wartime. This study focuses on ensuring the availability of notarial protection during wartime and the need to develop a legal framework for a regulatory response to challenges that require new approaches and solutions.This article examines the issues of access to notarial services and preservation of confidentiality of documents during war and armed conflicts. In particular, the author examines the difficulties faced by notaries in preserving documents, as well as the security issues of the notary and his/her clients. The author analyses the practice of law enforcement and changes in the regulatory framework in the field of notary during the military operations in Ukraine. The author analyses the right of military personnel, rank-and-file and senior civil defence officers, employees of critical infrastructure facilities, civil servants, local self-government officials and police officers to a personal order under current Ukrainian legislation, which is an important tool for their social protection and support. This article focuses on the Ukrainian experience, but the knowledge gained in the course of the analysis may be useful for other countries facing similar problems. The study reflects the relevance and importance of the problem of ensuring the functioning of the notary during wartime and suggests ways to address these complex challenges.

Administrative and legal framework for the introduction of the electronic notarial system in Ukraine

The article is dedicated to the study of the administrative and legal foundations for the implementation of the electronic notarial system in Ukraine. The author examines the process of transitioning from the traditional paper-based notarial system to a digital one, highlighting the benefits of increased efficiency, document security, and accessibility. The study focuses on the phased approach adopted by the government to implement the e-notary system, outlining key stages such as the creation of electronic registries, the development of a digital archive for notarial acts, and the introduction of a system for online notarial services. These developments represent a significant modernization of Ukraine’s notarial services. The author emphasizes the need for substantial legal reforms to support the full-scale digitalization of notarial services. It is highlighted that the Ukrainian Law on Notariate currently lacks explicit provisions for the use of digital technologies, which necessitates amendments to accommodate electronic notarial acts, remote notarization, and the integration of digital signatures. Additionally, the article discusses the challenge of aligning the e-notary system with European standards, especially regarding the cross-border recognition of electronic documents. The alignment of Ukrainian notarial laws with international frameworks is crucial for ensuring the system’s compatibility with global legal standards. The article identifies several key advantages of the e-notary system, including the automation of processes, which significantly reduces the time and administrative burden involved in notarial acts. Enhanced security measures, such as digital signatures and QR codes, provide protection against forgery and unauthorized alterations of notarial documents. Furthermore, the integration of the e-notary system with state databases facilitates efficient information exchange, thereby improving the accuracy and reliability of notarial services. These factors contribute to a more transparent and effective notarial system that can better meet the needs of modern society. Of particular note is the author’s focus on the importance of cybersecurity and data protection in ensuring the long-term success of the e-notary system. The article underscores the need for robust security measures to protect sensitive legal information from cyber threats, which are increasingly becoming a concern in the digital age. The author concludes by outlining prospects for further research, particularly in the areas of legal reform, public trust in digital notarial services, and the technological infrastructure needed to ensure the resilience and security of the electronic notarial system.

The Effectiveness Of Notaries Obligations In Providing Notarial Services Free Of Charge In Sragen Regency

A Notary Is A Professional Who Plays A Vital Role In Society, Particularly In Creating Order By Ensuring That Legal Events Are Documented In An Authentic Deed, In Accordance With Article 1, Paragraph (1) Of Law Number 2 Of 2014 On Amendments To Law Number 30 Of 2004 (Uujn). In Its Implementation, According To Its Authority Under Article 37, Paragraph (1) Of The Uujn, Which Mandates Notaries To Provide Notarial Services Free Of Charge To Those In Need, The Situation In Sragen Regency Remains Minimal. This Is Due To Several Factors That Hinder The Effectiveness Of This Article: 1) The Legal Factor Itself, Wherein Article 37 Of The Uujn Requires Further Clarification Regarding The Types Of Notarial Services That Can Be Provided Free Of Charge To Those Who Cannot Afford Them, In Order To Prevent Multiple Interpretations By Notaries And To Ensure Legal Certainty For All Parties Involved; 2) The Law Enforcement Factor, Specifically The Mpd (District Regulation Agency) And Notaries. In This Case, The Mpd Has Never Inquired Or Urged Notaries To Fulfill This Obligation, Which Is Based On Minimal Oversight From The Mpd. Furthermore, Notaries, Who Are Aware Of This Obligation, Have Never Conducted Legal Outreach To The Community, Resulting In A Lack Of Awareness Of The Regulation Among The General Public.

SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR

The research object of this paper is the special legal capacity of lawyers, specifically, the special legal capacity for the performance of advocacy activities, regulated by the Law of Advocacy, the special legal capacity for providing notarial services, according to the Law on notaries, and the special legal capacity of the executors, according to the Law on Enforcement. Full legal capacity is the abstract possibility of physical and legal persons to be the provider of rights and obligations. All physical persons have full legal capacity, however, some physical persons, because they fulfill special properties, acquire special legal capacity. The research in this paper has two mail purposes. The first intention is to analyze two assumptions necessary for achieving the special legal skills: 1. professional technical conditions requirements that must be completed by the natural person to operate the professional activities and 2. providing the authorization by the government. The second goal is to show the specifics of the three types of professional activities, notion, acquire, cease and termination. The project will analyze more closely the termination of the special legal capacity because of the loss of one from the two-expectations necessary for its acquisition (obtaining a lawyer's license, terminating the notary or the executor).

The Urgency of Implementing a Cyber Notary in Indonesia: A Comparative Study with The United States

Introduction: Current technological developments have an influence on all aspects of human life, including government administration. Notaries are non-governmental public officials who provide public services in providing good governance for the community. However, notarial services in Indonesia are carried out conventionally, which slows down notarial services. Different things happened in America. America is a country that has advanced technology.Purposes of the Research: The aim of this research is to analyze the urgency of implementing cyber notary in Indonesia, find differences in legal regulations and application of law regarding cyber notary in Indonesia and America and find the right solution in organizing cyber notary in Indonesia.Methods of the Research: The research used normative juridical method with secondary data from primary legal sources including various laws and acts like Law Number 2 of 2014, Law Number 30 of 2014, and others related to notarial acts, personal data protection, and blockchain technology in California and Illinois.Results of the Research: The research reveals Indonesia lacks comprehensive laws for cyber notaries. Learning from the US, which has established regulations, Indonesia needs to revise its Notary Law to incorporate cyber notaries and uphold principles of good governance.

China’s notarial system and new developments under the Foreign-related Rule of law

This article provides a comprehensive overview of the evolution and current status of the notary system in mainland China, Hong Kong, and Macao. It also delves into the Appointed Attesting Officers system and the ongoing developments in the notary service industry. Mainland China’s notary public system has transitioned from an administrative system rooted in the planned economy’s growth to the professional legal services industry. The article presents a comparative analysis of the notary public systems in Hong Kong and Macao, along with a brief examination of the Appointed Attesting Officers system, designed to address the challenges posed by the different legal systems in these three areas. The article collects the new development documents and accomplishments achieved by China’s notary public industry. Also underscores the notary’s role in dispute prevention and its crucial role in Alternative Dispute Resolution. It offers a fresh perspective on the potential evolution of the notary public industry in the context of Foreign-related Rule-of-law. By enhancing the capacity of notarial services, strengthening the safeguards of the legal system, and actively participating in the Alternative Dispute Resolution mechanism, the notary service industry will continue to fulfill its unique legal functions in the context of the new era, thereby contributing to social harmony and stability.

THE IMPORTANCE OF NOTARIAL ACTIVITY IN PROTECTING THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES

This scientific article analyzes the importance of notarial activity in protecting the rights of individuals and legal entities, and separately highlights the features of the use of blockchain technology in the work of notaries, which is a promising direction for improving notarial activity and practice. The relevance of the study lies in the fact that the issues of digitalization and the use of blockchain technologies in notarial practice are currently poorly studied, which leads to increased interest in these issues. Constant scientific developments in this direction allow notaries to enrich their knowledge, develop skills and competencies, which is the basis for improving the quality and professionalism in the provision of notarial services. The purpose of the scientific article is the need to consider the aspects and features of notarial activity, and determine its impact on the protection of the rights and interests of various subjects of civil legal relations. The research methodology in a scientific article consists of using such methods of cognition as the dialectical method, analysis, synthesis, induction, deduction, generalization, modeling, forecasting. The results of the study are developed scientific and theoretical proposals on improving notarial activities, taking into account the use of digital technologies. Specifically, notarial actions were highlighted aimed at protecting the rights of individuals and legal entities for whom contacting a notary is a constant necessity. The obvious conclusion was that the study of notarial activities contributes to the search for new methods, technologies and approaches that can improve processes in this area, simplify procedures and increase the level of confidence in notarial acts.

ФОРМУВАННЯ СИСТЕМИ КЛІЄНТСЬКОГО СЕРВІСУ ПРИ НАДАННІ НОТАРІАЛЬНИХ ПОСЛУГ

The article analyses the relevance and necessity of developing a customer service system in the field of notarial services. The author emphasises that the topic of forming a customer service system in notaries has not been developed, no special studies have been conducted, and there is no legislative regulation of this issue. The author examines the legal nature of notarial activity as a service activity which is of a public nature but is a client-oriented activity. The article proposes to develop the concept of a customer service system for the provision of notarial services in integration with the information and communication system of e-notary. The author refers to the formation of a cus-

The Role of Notaries/Land Deed Officials in Combating Money Laundering Crimes with the Know Your Customer Principle

This research delves into the alarming intersection of notaries/land deed officials and money laundering crimes, highlighting the role of notarial services as potential facilitators in illicit financial activities. While notaries traditionally serve as impartial witnesses to document signings, their involvement in verifying transactions has increasingly attracted scrutiny due to the potential for abuse by money launderers. This study examines the vulnerabilities within the notarial system that may be exploited for money laundering purposes, including lax regulatory frameworks, inadequate due diligence practices, and the lack of standardized reporting mechanisms. The abstract also explores the challenges in detecting and preventing such illicit activities, emphasizing the need for enhanced regulatory oversight, improved training for notarial professionals, and increased collaboration between regulatory bodies, law enforcement, and the notarial community and also implementing the principle of know your customer. As the findings suggest, addressing these issues is crucial for safeguarding the integrity of notarial services and fortifying the global financial system against the insidious threat of money laundering.

Цифровизация нотариата как фактор создания единого нотариального пространства в Евразийском экономическом союзе

The article discusses the need to create a Unified Notary Information System in the Eurasian Economic Union, which will allow advancement to a higher level of economic cooperation, lead to more effective development of civil legal relations, and allow for electronic exchange of information and documents. The procedure for reg-istration and execution of notarial acts has been studied; the amount of information to be recorded, as well as methods for recording it. A comparative analysis of the legislation of the member states of the Eurasian Eco-nomic Union regulating notarial activities was carried out. The procedure and method of collecting information, the level of security of documents, and the possibility of conducting verification activities to determine the au-thenticity of the submitted documents are considered. The subject of comparison is the degree of use of digital technologies within the framework of the electronic exchange of information and documents between partici-pants in civil transactions (notaries, citizens, legal entities). Attention is focused on analyzing the degree of im-plementation of digital technologies within the framework of storing notarial documents. The capabilities of notaries to provide notarial services are considered, including the ability to collect information necessary to per-form a notarial act, and information necessary to formalize inheritance rights. The powers of notaries in the framework of interaction with state registers have been studied, including the powers to carry out verification actions in relation to applicants, register rights to movable and immovable property, to introduce encumbrances on movable and immovable property, as well as to make changes to the information contained in state regis-ters. The subject of comparison was the degree of digital technology usage in the process of storage of notarial documents, as well as in the framework of electronic exchange of information between participants of civil turnover (notaries, individuals and legal entities). Prospects for further research in this area are defined.

Measuring the Criteria for Notary Accountability in the Use of Online Media as a Means of Notary Promotion in Indonesia

Purpose: This article aims to examine the criteria for notary accountability concerning the use of online media for notary promotion in Indonesia. Drawing on Gustav Radbruch's theory, the study analyzes the elements of intentionality, legal certainty, and the pursuit of profit, as outlined in the Notary Law and the Provisions of the Notary's Code of Ethics. Additionally, it explores the notion of the notary profession as an officium nobile, emphasizing its noble position and ethical responsibilities. Methods: The research methodology involves a theoretical analysis based on Gustav Radbruch's legal theory and relevant provisions of Indonesian law pertaining to notary accountability. Through a qualitative examination, the study delves into the criteria for notary accountability, particularly concerning the use of online media for promotional purposes. Legal principles and ethical considerations are applied to evaluate the implications of notary actions in the digital age. Results and Discussion: The analysis reveals that the criteria for notary accountability encompass elements of legal certainty, intentionality, and the pursuit of profit, as delineated in legal frameworks and ethical codes. Maintaining the noble position of the notary profession entails upholding ethical standards and adhering to legal norms, ensuring fairness and justice in notarial practices. The discussion emphasizes the need for holistic and ethical examinations in cases of alleged violations, to uphold the principles of justice and accountability. Implications of the Research: The findings of this study have implications for notarial practice in Indonesia, highlighting the importance of ethical conduct and legal compliance, particularly in the context of online media usage for promotional activities. By elucidating the criteria for notary accountability, the research contributes to enhancing professional standards and fostering public trust in notarial services. Originality/Value: This article contributes to the literature by examining the criteria for notary accountability within the framework of online media promotion, drawing on Gustav Radbruch's legal theory and Indonesian legal provisions. By addressing the ethical and legal considerations inherent in notarial practices, the study provides valuable insights into the evolving landscape of notarial accountability in the digital age, thus adding to the body of knowledge on professional ethics and legal responsibility.

Sanctions for Notaries who Violate the Principle of Knowing the Users of Notary Services

This research discusses the regulation and stages in the principle of identifying users of notarial services, and sanctions for notaries who violate the principle of identifying users of notarial services. The type of research used is normative legal research with legislative and conceptual approaches. Sources and types of legal materials consist of primary, secondary, and tertiary legal materials. The technique of collecting legal materials used is through the secondary data collection method, namely literature study by examining legislation, journals, doctrines, articles, court decisions (jurisprudence), and other literature. The analysis of legal materials uses qualitative data analysis and is concluded using a deductive method. First, based on the research results, the regulation of the Principle of Identifying Users of Services is regulated in the Ministry of Law and Human Rights Regulation Number 9 of 2017 concerning the Principle of Identifying Users of Notary Services, and Notaries as one of the reporting parties in the prevention and eradication of money laundering crimes regulated in Government Regulation Number 43 of 2015. In the stages of implementing the principle of identifying service users, notaries must conduct identification, verification, and monitoring as well as analyze the risks of service users in legal relationships with notaries. Second, the sanctions that can be imposed on notaries are not only administrative sanctions for violating the principle of identifying service users but also criminal sanctions.

THE IMPORTANCE OF NOTARIAL ACTIVITY IN PROTECTING THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES

This scientific article analyzes the importance of notarial activity in protecting the rights of individuals and legal entities, and separately highlights the features of the use of blockchain technology in the work of notaries, which is a promising direction for improving notarial activity and practice. The relevance of the study lies in the fact that the issues of digitalization and the use of blockchain technologies in notarial practice are currently poorly studied, which leads to increased interest in these issues. Constant scientific developments in this direction allow notaries to enrich their knowledge, develop skills and competencies, which is the basis for improving the quality and professionalism in the provision of notarial services. The purpose of the scientific article is the need to consider the aspects and features of notarial activity, and determine its impact on the protection of the rights and interests of various subjects of civil legal relations. The research methodology in a scientific article consists of using such methods of cognition as the dialectical method, analysis, synthesis, induction, deduction, generalization, modeling, forecasting. The results of the study are developed scientific and theoretical proposals on improving notarial activities, taking into account the use of digital technologies. Specifically, notarial actions were highlighted aimed at protecting the rights of individuals and legal entities for whom contacting a notary is a constant necessity. The obvious conclusion was that the study of notarial activities contributes to the search for new methods, technologies and approaches that can improve processes in this area, simplify procedures and increase the level of confidence in notarial acts.

Social right to property and constitutional efficacy: extrajudicial settlement and the role of notarial services in access to justice

The article studied the extrajudicial seizure of urban and rural properties and the role of Extrajudicial Services in access to justice. Using a qualitative documentary and bibliographic methodology, combining historical and legal-normative research techniques, the following results were reached: extrajudicial real estate foreclosure is an effort by the legislator to give effect to the social right to property and fulfill its social function . The institute of extrajudicial enforcement is part of the paradigm of the access to justice approach, formulated by Mauro Cappelletti and Bryam Garth, and represents an important step towards the implementation of programmatic constitutional norms – which require actions from the State –, enabling full effectiveness of the law fundamental social aspect to property and housing. Ultimately, therefore, it constitutes an innovative way of accessing justice and rights that serve to fulfill the constitutional assumption of the social function of property.

An Intelligent Fusion Framework for Risk Assessment of Notarial Activities in the Digital Era: Balancing Speed and Legal Security with ICT

The integration of Information and Communication Technologies (ICT) into notarial activities has revolutionized the way procedures are processed by significantly enhancing speed and legal security, which are key aspects for user satisfaction. This shift responds to the growing demand for fast and secure notarial services, where efficiency and legal protection are priorities. Through the analysis conducted with the neutrosophic RAFSI method, risks derived from digitalization have been identified and classified, proposing effective solutions for their mitigation. Among these, the need to update regulations to adapt them to the digital context and the importance of training notaries in digital competencies and cyber security stand out. These measures are focused not only on streamlining notarial procedures but also on reinforcing trust in notarial services, marking a significant advance toward the modernization of notarial practice in the digital era. In conclusion, the fusion of ICT with notarial activities, supported by risk control and supervision, has effectively balanced service speed with legal security, meeting the current expectations of users.

КЛІЄНТСЬКИЙ СЕРВІС ЯК КОНКУРЕНТНА ПЕРЕВАГА ПРИ НАДАННІ НОТАРІАЛЬНИХ ПОСЛУГ

In the modern business world, customer service stands as a decisive factor of differentiation across various industries, including the realm of notarial services. The relevance of this topic is underscored by the increasing awareness that quality customer service can significantly enhance their satisfaction, loyalty, and competitive positioning. The aim of this work is to explore how customer service can be leveraged as a competitive advantage in the notarial sector, identifying key principles and optimal practices conducive to enhancing both customer service quality and operational excellence. The research analyzes the current state of customer service in the notarial services sector, shedding light on common challenges and areas in need of improvement. Through the use of an array of analytical methods, the study identifies critical factors conducive to quality customer service, such as responsiveness, professionalism, transparency, and personalized approach. The results indicate that notaries who prioritize customer-centric practices not only elevate client satisfaction levels but also achieve higher client retention rates and positive recommendations from both clients and fellow notaries. The conclusions drawn from this research highlight the transformative impact of customer service quality on the competitive dynamics of the notarial services industry. Notaries distinguished by high levels of customer service possess greater opportunities for differentiation in a crowded market, client acquisition and retention, and fostering long-term business growth. This study contributes to the advancement of scientific discourse by offering a thorough analysis of the mechanisms through which customer service confers competitive advantages in the realm of professional services. The scientific novelty of this research lies in its focus on the notarial services sector, a domain often overlooked in studies dedicated to customer service. The research elucidates specific practices and outcomes in this niche, providing valuable insights for both scholarly research and practical application. The practical significance of the study lies in offering actionable recommendations for notaries seeking to enhance the quality of their services. These recommendations include the implementation of customer relationship management (CRM) systems, the execution of regular training programs for staff, and the development of transparent communication channels to ensure prompt responsiveness to client needs.

Notary independence in the course of notarial acts

Based on the analysis of the scientific views of scholars and the norms of current legislation, a list of notarial acts that notaries are authorised to perform has been provided. The author’s own definition of the concept of “notarial acts” has been proposed. The importance of ensuring the independence of notaries in the course of notarial acts has been emphasised. A number of aspects confirming this thesis have been presented.
 It has been established that notarial acts are a set of legally significant acts performed by a notary with the aim of providing notarial services as defined by the current legislation. The purpose of notarial acts is to ensure, firstly, the observance and protection of legal rights, freedoms and interests of individuals and legal entities, including those of a tangible and intangible nature, and secondly, the correctness and legality of concluding contracts, confirming documents and providing other legal services as defined by current legislation.
 It has been noted that in the course of notarial acts, a notary must be an independent and impartial mediator between the parties, and act exclusively in compliance with the applicable law. This, in turn, ensures the reliability and legitimacy of transactions concluded between the parties and helps to prevent attempts at fraud and manipulation of documents.
 It has been generalised that ensuring the appropriate level of notary independence in the course of notarial acts is important: firstly, for notaries themselves, since in this case they are able to perform their activities free from any influence, which is an additional guarantee of ensuring the regime of legality in their work; secondly, for users of notaries’ services, since notary independence is a guarantee of observance of the rights and freedoms of individuals and legal entities, and is also a preventive measure against any unlawful acts (fraud, document forgery, etc.).

Notaries at Risk: Urgent Need for Legal Protection Against Criminal Acts

This study aims to address the legal protection issues faced by notaries in relation to potential criminal acts and proposes ideas for regulating legal protection. Utilizing a normative legal research approach, data was collected through literature reviews, document analysis, and legal interviews, with conceptual and legal framework analysis conducted. The results reveal a lack of legal harmonization between notarial law and criminal law, which challenges the provision of adequate legal protection for notaries. Harmonization of legal provisions is critical to ensure optimal notarial services and protect against potential criminal acts. The findings emphasize the urgency of implementing legal provisions for notaries' adequate protection and offer valuable insights for policymakers and legal practitioners in crafting effective legal frameworks.
 Highlights:
 
 
 Legal harmonization between notarial and criminal law is needed for adequate protection of notaries.
 
 
 Protection is necessary for optimal services and protection against criminal acts.
 
 
 Harmonizing legal provisions is critical for effective protection.
 
 
 Keywords: Notarial Law, Legal Protection, Criminal Acts, Harmonization, Professional Duties
 

Особенности цифровизации нотариальной деятельности в России и США: сравнительный аспект

The article presents a comparative study of the features of digitalization of notarial activity in Russia and the USA. Reference to successful practices of digitalization of notaries abroad on the example of the USA allowed the authors to identify significant differences in the results of digitalization of notarial activity in Russia and the USA and to conceptualize these differences. Comparative aspects were the peculiarities of the forms of digital notarial activity in both states, including the terms denoting them, as well as the differences between the digital resources used by notaries in Russia and the USA. Two fundamental differences between American and Russian practices were conceptually singled out, indicating a certain decentralization of notarial activities and the notarial community: 1) notaries in the US are empowered to provide remote notarial services only after receiving a special permit issued by a state authority; 2) US notaries use numerous digital resources unlike the Russian Unified Notarial Information System (UIS), which is the only centralized system for notarial services. The authors conclude that despite the general decentralization effect of the U.S. notarial activity there is still great dynamism of service provision, actualization of the notary public principle and integration of notarial subjects in the new digital space. According to the authors, the revealed differences of digital adaptation of notarial activity in Russia and the U.S. are due to objective political and economic reasons; however, in both jurisdictions digitalization promotes unification of notarial practices.