Journal Philosophy of Law
Vol 7, No 2 (2026): Philosophy of Law

Harmonisation of Notarial Regulation in The Implementation of Cyber Notary to Guarantee Legal Certainty and Protection of the Parties

Meli Setianur (Universitas 17 Agustus 1945 Semarang)
Kunarto Kunarto (Universitas 17 Agustus 1945 Semarang)
Krismiyarsi Krismiyarsi (Universitas 17 Agustus 1945 Semarang)
Nurlaili Husna (Selçuk University, Konya, Türkiye)



Article Info

Publish Date
05 Oct 2026

Abstract

Abstract The rapid advancement of technology has brought significant change across various field of life, including the notarial profession, giving rise to the concept of cyber notary as a form of notarial adaptation to technological progress. This article examines the regulation of cyber notary within Indonesia's notarial legal system, the harmonisation of notarial regulation required to guarantee legal certainty in its implementation, and the mechanism of legal protection for the parties in the making of a cyber-notary-based notarial deed. Employing a normative legal method with statutory and conceptual approaches, the study finds that the regulation of cyber notary within Indonesian notarial law remains partial, unsystematic, and has not provided adequate legal legitimacy, since the Notarial Office Law continues to require the physical presence of the parties as an essential element of authentic-deed making, while Article 5(4) of the Electronic Information and Transaction Law explicitly excludes the notarial deed from the category of electronic document. The article develops the position that harmonisation must be understood not merely as technical regulatory adjustment, but as a process of legal renewal grounded in legal certainty, justice, and legal benefit, requiring a functional reconstruction of the concept of party presence and of the authentic deed itself, supported by comparative practice from jurisdiction that have already developed a more structured remote and electronic notarisation framework.

Copyrights © 2026






Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...