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Novilawati, Rizka
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty of the Proof Power of Notary Deeds in the Concept of Cyber Notary according to Indonesian Positive Law Iswari, Katrin Yogi; Adzania, Pelangi; Novilawati, Rizka; Samosir, Tetti
JURNAL AKTA Vol 11, No 3 (2024): September 2024
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.v11i3.39750

Abstract

The development of technology in the field of notary in the digital era requires notaries to provide public services in accordance with their roles and authorities based on cyber notary. Therefore, the urgency of this study is to analyze the guarantee of legal certainty over the evidentiary power of Notarial Deeds made in the concept of cyber notary along with all the legal consequences that arise, especially for agreements that are required to be in the form of Authentic Deeds. This study is a normative legal research conducted by examining library materials or secondary data which is also commonly referred to as literature study research. This study concludes that there is no legal certainty regarding the evidentiary power of notarial deeds made in the concept of cyber notary according to Indonesian positive law because there are no clear regulations regarding cyber notary based on Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Positions and Law No. 11 of 2008 concerning Information and Electronic Transactions. There is a degradation of the evidentiary power of notarial deeds which should be authentic deeds that have perfect evidentiary power into private deeds. Such conditions will also ultimately result in the failure to fulfill the formal agreement elements required by legislation and have a further impact on the fulfillment of obligations under legislation that require the use of a notarial deed.
Supervision of the Notary Supervisory Board on the Use of First Copies as a Substitute for Minutes of Deeds Iriantoro, Agung; Novilawati, Rizka; Aidonojie, Paul Atagamen; Galchynsky, Leonid Juryi
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.305

Abstract

The notary public is a government official who bears a significant responsibility in the drafting and safekeeping of the original draft of an authentic deed. However, in practice, there are still notaries facing the loss or damage of such original drafts, which potentially undermines the integrity of legal evidence and the trust of the parties involved. This study employs a normative legal research method, utilizing an analytical approach with primary and secondary legal materials, focusing on statutory regulations. The research findings demonstrate that the Supervisory Council of Notaries carries a substantial responsibility in overseeing the issuance of replacement minutes to ensure that this process does not raise any legal uncertainties and continues to safeguard the document’s security. The comprehensive supervision by Supervisory Council of Notaries involves validating the authenticity of the copied document, assessing procedural propriety, issuing recommendations, and making administrative decisions. Furthermore, the status of the first copy used as a basis for issuing an authentic replacement minute holds an equivalent legal standing to the original minuta, contingent upon compliance with formal requirements stipulated in Article 1888 of the Civil Code (BW) and under stringent supervision by Supervisory Council of Notaries.
Co-Authors Adzania, Pelangi Agung Iriantoro Aidonojie, Paul Atagamen Galchynsky, Leonid Juryi Iswari, Katrin Yogi Samosir, Tetti