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Sultan Agung Notary Law Review
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 26864428     DOI : 10.30659
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the editorial team publishes them four (4) times a year they are in March, June, September and December. This shows the credibility and prestige of the SANLaR journal is getting better and known to many people. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 6, No 3 (2024): September 2024" : 7 Documents clear
Legal Gaps in the Implementation of the Cyber Notary Concept Based on Indonesian Civil Law Rizmi, Nurfadhilah; Syari, Irna Komala; Setianingrum, Wulan; Yusuf, Chandra
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.30028

Abstract

Implementation Cyber Notary cannot be separated from the legal system that supports it. Indonesia still uses the legal systemCivil Lawwhich originated from the Dutch era, especially in civil law. Indonesia still usesBugerlijk Wetboek Voor Indonesia (BW) in 1848 which was translated into the Civil Code (KUH Per). KUH Per regulates perfect evidence as an authentic deed. This authentic deed is made based on the provisions in KUH Per. Then the lack of regulation regarding public officials which made it stated in Law Number: 2 of 2014 concerning Amendments to Law Number: 30 of 2004 concerning the Position of Notary (UUJN). The law states aboutCyber Notaryin his explanation. Further developments, the Indonesian government has not made implementing regulations. In this study, the author aims to discussthe need to develop the concept of notary into a broader conceptdraftCyber Notarywhat is meant in the explanation of Article 15 paragraph (3) UUJN is connected to the conceptInternational Union of Notaries(UINL) in 1994 in a Civil Law country. In the discussion, the importance of the conceptCyber Notaryis related to the application of the conceptCyber Notaryin Indonesia whichsupporting the goals of the ASEAN Economic Communityand AFTA. So far, Indonesia still follows the concept of authentic deeds regulated in the Civil Code, even though the UUJN has mentioned aboutCyber Notary. This study uses a normative approach, which includes conceptual and legislative approaches. The urgency of implementing the conceptCyber Notaryin the digital era andSociety5.0 in Indonesia needs to be applied immediately. Following the global development of the ASEAN Economic Community, as well as the obligations as a memberUINL since the Indonesian Notary Association (INI) officially joined as the 66th UINL member on May 30, 1997 in Santo Domingo, Dominica. So the author sees that it is very urgent for the Implementation of Cyber Notary to be implemented in Indonesia to support the goals of the MEA and Embody the UINL Conventions as a country with a Civil Law system. In conclusion, Indonesia must follow the development of the Cyber Notary concept from countries bound by UINL so that Indonesia is not left behind in world developments.
Problems of Implementing Cyber Notary in Notarial Deeds in Indonesia Jamus, Mohammad; Budi, Grimaldi Setia; Sari, Dian Rosita; Parmitasari, Indah
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42422

Abstract

This article reviews the implementation of Cyber Notary in Indonesia. Cyber Notary is a concept that integrates the authority of a Notary with information technology. The use of technology in notarial services in Indonesia has not been optimized. Article 15 paragraph (3) of Law Number 2 of 2014, which amends Law Number 30 of 2004 concerning the Position of Notary, stipulates that Cyber Notary only applies to the certification of transactions between a notary and the relevant party, without covering the authority of a Notary as a whole. A Notary is a public official who has a role in carrying out legal acts in accordance with Law Number 2 of 2014 concerning the Position of Notary. Notaries adapt and follow the changing times to carry out their positions, the goal is for Notaries to be able and able to face global challenges and competition. Cyber Notary can facilitate and accelerate the performance of Notaries in the future. The use of an electronic digital system in Cyber Notary is expected to make better and more effective changes in the world of Notaries. Regarding the authority of Notaries to make deeds electronically, it is clearly an obstacle for Notaries. Despite its problems, Cyber Notary certainly has opportunities that can be used in Indonesia. To improve the quality of public services with technology in the notary field effectively and better, rapid improvements in the quality of technology are needed in this digital era. Therefore, the author recommends the adoption of the Cyber Notary concept in changing notary law. However, Indonesia has not been able to fully adopt this concept due to differences in authority and verification systems between common law countries and civil law systems in Indonesia. In addition, effective regulatory changes are needed in the process of changing notary law because there are still many regulations governing the authority of Notaries.
Cyber Notary Problems in Legal Reform in Indonesia Sujiati, Ani Eva; Ifana, Visca Aliya; Ahimsya, Moh Galih Raka Siwi; Listyawati, Peni Rinda
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.31772

Abstract

Cyber notary is a concept of using digital technology that is expected to bring great benefits to the legal system and society in Indonesia. Along with the development of digital technology, this concept is proposed as a solution to improve efficiency and security in notary services. Cyber notary allows the process of document validation and electronic signing to be carried out online, utilizing technologies such as blockchain and digital signatures. However, its implementation still faces various challenges. One of the main problems is the lack of comprehensive and specific regulations governing the use of digital technology in notary practice. In addition, concerns about the security and privacy of electronic data are serious obstacles. Cyber attacks and the risk of forgery of electronic documents require a stronger and more sophisticated security mechanism. In addition, in remote areas that still experience limited internet access. The lack of understanding and technical expertise among notaries who are tech-savvy also hinders the adoption of cyber notary. These factors emphasize the need for increased capacity and training for notaries to adapt digital technology in cyber notary practice. This study uses normative legal research with a legislative approach(statute approach) that examines regulations and laws relating to legal issues regarding cyber notary. This study examines the implementation and challenges faced in implementing the concept of "cyber notary" in Indonesia, the things that are considered are the need for revision and development of more specific regulations as well as collaborative efforts between the government, technology providers, and notary associations to overcome these challenges. It can be concluded that with the right steps and government support both in terms of policy and technology, the implementation of cyber notary in Indonesia can increase efficiency and trust in notary services in the digital era.
The Development of Technology and Information and Its Impact on Notarial Practice in Relation to Legal Certainty Desintha, Pande Ketut Natalia; Khoirunnisa, Nabila; Vania, Elsya; Effendy, Edrick Edwardina
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42423

Abstract

The development in the current digital era has certainly brought significant changes in various aspects of life, including in notary practice. Therefore, this journal discusses the impact of technology and information on notary practice, with a focus on the aspect of legal certainty related to the concept of Cyber Notary. While there are still concerns in the practical and ethical aspects of implementing Full Cyber Notary in Indonesia, thereforeThrough legal analysis and literature study, this journal highlightsvarious problems of implementing Cyber Notary in Indonesia based on ethical and practical aspects such as the non-accommodation of Cyber Notary in laws and regulations, especially the Notary Law and the unpreparedness of the Cyber Notary implementation system including human resources and uneven distribution of infrastructure. Therefore, the Author Team provides a solution mechanism, namely the Cyber Notary practice method that reconciles laws and regulations related to Notaries in Indonesia reviewed based on progressive law. The Author Team provides a resolution mechanism with the implementation of Cyber Notary in a hybrid manner, which is a combination of current notary practices, namely conventionally with digital implementation, this is as the concept of progressive law which states that there are always weaknesses in the dynamics of law, as we know that existing laws will certainly always change and develop in society along with the social dynamics that occur. In implementing this hybrid system, it is important to adjust the laws related to Cyber Notary to the work area, the person appearing and reading the deed, signing to storing the deed, in addition, related parties such as the Indonesian Notary Association (INI) are also needed in the training and certification process specifically for notaries who will carry out Cyber Notary. Because in the context of implementing Cyber Notary, it is necessary to adjust the laws and regulations in order to provide legal certainty for Notaries and ensure the legality and authentication of electronic deeds are equivalent to conventional deeds, so that there is no overlap or ambiguity related to Cyber Notary in the formation or storage of an authentic deed.
Application of the Power of Proof Cyber Notary in Indonesia Christy, Stephanie; Winarsih, Winarsih; Siahaan, Hotma Elisa Irene; Tjempaka, Tjempaka
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42424

Abstract

In the era of electronic technology advancement, the concept of cyber notary has challenged the traditional legal framework in making authentic deeds digitally. Updating legal regulations is crucial to ensure that Notary actions in the electronic sphere remain authentic in accordance with the times. Enforcing the validity of legal documents in the electronic context faces challenges, especially in terms of proving their validity and legitimacy in court. In court, legal regulations regulate the procedures for disclosing relevant facts, with valid evidence and special procedures playing an important role. The government has enacted regulations related to Electronic Information and Transactions, although security and regulatory issues are still a concern. The implementation of cyber notary in Indonesia faces a series of problems including the lack of comprehensive regulations, data security challenges, and technological and infrastructure readiness. However, the amendments to Law Number 2 of 2014 concerning the Position of Notary and Law Number 1 of 2024 concerning the amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions provide an important legal basis. Notaries in the provisions of Indonesian civil law have guidelines in the practice of authentic deeds, which are recognized as binding legal evidence and/or can be directly implemented without going through a court and are the final decision that binds all parties to follow it. However, the challenges in facing the implementation of cyber notary in Indonesia, including the lack of specific regulations, data security issues, technological readiness, and social and cultural constraints require joint efforts from the government, related institutions, and the community to create clear regulations, improve data security, and increase public awareness of the benefits and procedures of cyber notary. By overcoming these problems, it is hoped that it can increase the trust and effectiveness of the cyber notary system in Indonesia.
Analysis of the Strength of a Deed Made by a Notary Against the Concept of Cyber Notary Al Hadid, Andi Pangerang; Nur’aini, Tiya; Christy, Florentina; Tjempaka, Tjempaka
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42425

Abstract

Technological advances are increasingly developing every year, bringing impacts to all aspects, especially in the field of notary. One of them is the concept of Cyber Notary which uses electronic media in every act, while the field of notary has not regulated this, therefore this condition requires further research. The problem taken in this study is whether the deed remains an authentic deed if using the Cyber Notary concept based on the Notary Law and the Electronic Information and Technology Law and solutions to deal with digital developments for Notaries when making deeds. This study uses descriptive Normative Law Research. The results of this study indicate that according to Law Number 2 of 2014 concerning the Notary, basically the concept cannot be applied because based on Article 16 paragraph 1 letter m it stipulates that after the deed is read in front of the parties, witnesses and Notary, the deed is signed at that time, therefore in this case it is necessary to have harmonization between the Notary Law and the Law on Information and Electronic Transactions.
Review of the Problems and Legal Protection for Parties in the Implementation of Authentic Deeds Made Based on the Cyber Notary Concept in Indonesia Sudarwati, Dini Anggraini; Mulia, Hansel Randy; Liesmawati, Liesmawati; Setiawan, I Ketut Oka
Sultan Agung Notary Law Review Vol 6, No 3 (2024): September 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i3.42421

Abstract

In the ever-evolving digital era, information technology has had a significant impact on various aspects of life, including in the fields of law and notary. One of the important innovations that has emerged is the concept of cyber notary, which uses digital technology in making authentic deeds, replacing conventional methods. It is hoped that cyber notary can increase efficiency, transparency, and accessibility in notary services, as well as reduce bureaucracy that often takes time and costs. However, the implementation of the cyber notary concept in Indonesia faces various complex problems. One of the main issues is the legal validity of deeds made digitally, including the recognition of electronic signatures and the process of authenticating the identities of the parties. In addition, data security and privacy protection are challenges in ensuring that information stored and transmitted digitally is not misused or hacked. On the other hand, the current regulations do not fully accommodate cyber notary practices. Legal gaps and unclear regulations create uncertainty for notaries and the parties who use their services. This reinforces the urgency to examine more deeply the need for comprehensive and adaptive legal updates to technological developments. This study focuses on the analysis of the problems in the implementation of authentic deeds based on cyber notary and legal protection for the parties involved. With a normative legal approach, this study aims to identify the main challenges and provide recommendations for policy makers and legal practitioners to improve the existing legal framework. It is hoped that the solutions found can support digital transformation in the notary sector in Indonesia, creating a more efficient, secure, and reliable system.

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