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Journal : Diktum

Cyber Notary Kepastian Hukum Penyimpanan Dokumen Notaris Selviany; Rizkianto, Kus; Rahayu, Kanti; Mukhidin, Mukhidin
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 2 (2022): November 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v10i2.105

Abstract

Over time the conventional system will shift and be replaced with an electronic system, and the Notary Institution will slowly have to begin to adjust, especially in the UUJN-P the changes regarding cyber notary are only stated in the explanation of Article 15 Paragraph (3) and only to the extent that the authority to certify transactions electronically has not yet reached the concept of notary protocol storage thinking which is very possible to be carried out electronically with the aim of security and the effectiveness of notary protocol storage. This study aims to: 1) Describe the legal arrangements regarding Cyber Notary; 2) legal certainty of the retention of notarial documents with cyber notary. This study uses a library research method with a normative research approach with qualitative analysis, which describes various arrangements regarding Cyber Notary and legal certainty of notarial document storage. The finding is that the new UUJN-P regulates transactions carried out electronically, but there is no provision on the storage of original minuta deeds and warkah electronically. However, cyber notary The ITE Law in general has regulated the electronic storage of archives or documents although there are no specific rules that list or mention notarial documents or archives. Article 1 number 4 of the ITE Law Amendment states that: "an electronic document is any electronic information created, forwarded, transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar form, which can be seen, displayed, and/or heard through a Computer or Electronic System, including but not limited to writings, sounds, images, maps, designs, photographs or their descriptions, letters, signs, numbers, Access Codes, symbols or perforations that have meaning or meaning or can be understood by a person capable of understanding them. So that various types of electronic documents become an option for more secure document storage for an unlimited time as a concrete form of digitization that can be a reference for electronic storage of notary protocols. Whatever form of storage media must be ensured is data security and legal certainty.
Harmonisasi Sistem Litigasi Elektronik Dan Non-Litigasi Dalam Penyelesaian Sengketa Bisnis Digital Mukhidin, Mukhidin; Kus Rizkianto; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 13 No. 1 (2025): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/3ym93s96

Abstract

The development of digital technology has brought significant transformation to business practices while simultaneously generating new potential disputes that require adaptive resolution mechanisms. In Indonesia, the emergence of the electronic litigation system (e-court) offers a formal court-based solution, while non-litigation mechanisms based on Online Dispute Resolution (ODR) provide a more flexible, fast, and efficient alternative. However, these two mechanisms still operate partially without a clear integration framework, raising questions about the effectiveness of digital business dispute resolution. This article addresses two research problems: (1) how the development and implementation of e-court and ODR in resolving digital business disputes in Indonesia have evolved, and (2) what harmonization model can be established to create a more comprehensive, efficient, and just dispute resolution mechanism. The findings show that e-court has provided legal certainty and formal legitimacy but remains limited to time-consuming litigation processes. Conversely, ODR meets the needs of efficiency and speed but faces challenges in regulation and the acceptability of decisions. The discussion highlights the importance of a harmonization model that integrates the strengths of e-court in terms of legal formality with the flexibility of ODR in non-litigation processes. Harmonization can be pursued through the establishment of regulations recognizing ODR as part of the judicial system, strengthening digital infrastructure, and enhancing legal literacy among disputing parties. Thus, harmonizing these two mechanisms is expected to address the challenges of digital business dispute resolution in the era of technological transformation.