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All Journal Jurnal Hukum IUS QUIA IUSTUM Jurnal Akta Jurnal Selat Res Judicata Jurnal Notariil Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum JURNAL HUKUM dan KENOTARIATAN
Hatta Isnaini Wahyu Utomo
Universitas Yos Sudarso
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Akta

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Legal Construction of E-Notary Based on Discretionary Authority of Notaries Utomo, Hatta Isnaini Wahyu
JURNAL AKTA Vol 12, No 3 (2025): September 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i3.45270

Abstract

In the 5.0 era, which is supported by the birth of new habits after the Covid-19 pandemic, which has accustomed people to activities using cyber technology. makes demands on Notaries to be able to adapt their services in making authentic deeds using cyber technology or what is known as e-Notary. Currently, e-Notary is difficult to implement because it is considered that there is no legal basis. This research analyzes the legal construction of the application of e-Notary based on the discretionary authority of the Notary and the application of e-Notary in context Ius Constitutum. This research is normative legal research using a statutory approach and a conceptual approach. The research results show that Notaries are part of public services. A notary is an official who carries out government functions to meet the needs of the public who need authentic deeds. Notaries are Government Officials so Notaries can use their Discretionary authority to carry out e-Notary. e-Notary can be implemented at this time by reinterpreting the provisions of Article 1868 of the Civil Code and the procedures for making authentic deeds as regulated in the Notary Position Law. The implementation of e-notary represents an adaption of the notary role in the digital age. The advantageous aspect of e-notary implementation is the convenience it offers the public in engaging with a notary for the creation of authentic deeds.
Co-Authors Hendry Dwicahyo Wanda Imam Safi'i Rangga Dwi Prasetya