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All Journal Jurnal Cakrawala Hukum
Ramadian Putra Hariwijaya
Islamic University of Malang
Law, Crime, Criminology & Criminal Justice

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Notary Protocol Storage in Indonesia: A Jombang Regency Case Study and ASEAN Comparison Ramadian Putra Hariwijaya
Jurnal Cakrawala Hukum Vol. 17 No. 2 (2026): August 2026
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i2.16992

Abstract

Article 16(1)(b) of Indonesia’s Law No. 2 of 2014 requires every notary to retain deed minuta as part of the notary protocol, a state archive, yet prescribes no storage standard, and the Archives Law extends no equivalent standard to notaries. This is a national regulatory gap, not a Jombang anomaly, causing document dispersal and accumulating custodial burdens as protocols pass to successor notaries. This empirical legal study tests that gap through a case study of ten Notary-PPATs in Jombang Regency, tracing accountability from notary to the Regional Supervisory Council. Semi-structured interviews, verified through document analysis and triangulation, show all ten informants rely exclusively on paper-based storage, applying at least six distinct practices with no written SOP. Benchmarked against Vietnam and the Philippines, fellow ASEAN civil-law jurisdictions with comparable infrastructural starting points, rather than the more distantly resourced Netherlands and Germany, the gap proves a matter of unfinished legal design, not a peculiarity of one regency or country. The study offers the first empirically grounded, ASEAN-benchmarked account of this gap and proposes an implementable internal-SOP standard alongside a national legislative-reform pathway.
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