THE LEGAL STUDY ON NOTARY AUTHORITY IN CERTIFYING ELECTRONIC TRANSACTIONS (CYBER NOTARY)

Abstract

Very rapid technological developments can be felt in every aspect of life, almost all professions have been touched and are taking maximum advantage of the era of globalization, including the notary profession. The role of the notary is required to be able to participate because in an electronic transaction it is very possible for the role of the notary as a trusted third party, similar to the role of the notary in conventional transactions. The development of the function and role of notaries in electronic transactions requires fast, timely and efficient services, this is then referred to by the term Cyber Notary. The concept of certifying transactions carried out electronically (cyber notary) for notaries is listed in the explanation of Article 15 paragraph (3) UUJN regarding other authorities granted by law to notaries in Indonesia. The word certify in the Explanation to Article 15 paragraph (3) UUJN gives rise to various interpretations of the word certify, so that in this case there is a blurring of legal norms. In practice in the field, it is also evident that due to the lack of clarity regarding further technical regulations regarding concrete implementation in the Law on the Position of Notaries itself, this results in notaries not having a legal basis or umbrella if its implementation then causes problems. Based on this description, the author conducted research regarding the urgency and legal certainty of the notary's authority to certify transactions electronically (cyber notary). The research method used is normative juridical, with a statutory approach, the type and source of data used is secondary data, with qualitative analysis. The results of the research are the urgency of notary authority in certifying transactions carried out electronically (cyber notary) in Indonesia, namely the use of technological advances in all professions including the Notary profession. As with every electronic transaction that uses an electronic system, it is mandatory to have an electronic certificate. Electronic Transaction Certification, which is contained in the Elucidation of Article 15 paragraph (3) UUJN, has the aim of providing legal certainty that there is new authority for Notaries to act as part or third parties rather than certification bodies whose duties are as registration authorities who checks the data and identity requirements for submitting an electronic certificate from the applicant, and ultimately the electronic certification organizer will issue an electronic certificate containing the signature and other identification that has been previously submitted by the notary.