The Essence of a Notary’s Responsibility in The Preparation of Cyber-Notary–Based Authentic Deeds

Abstract

This study aims to examine the essence of a notary’s responsibility in making cyber-notary–based authentic deeds, analyze the application of the cyber notary concept under the Notary Office Law, and identify the factors influencing notaries in implementing such deeds, using an empirical normative legal research method that focuses on relevant written legal rules supported by field data from interviews and questionnaires; the findings indicate that a notary’s core responsibility is to ensure the validity, integrity, and authenticity of documents in accordance with the UUJN, while the application of the cyber notary concept still lacks legal certainty due to unclear regulations and normative conflicts between the UUJN and the ITE Law, particularly regarding requirements of physical presence and the recognition of electronic signatures, resulting in its limited implementation  primarily to General Meetings of Shareholders  thereby necessitating harmonization of the UUJN, the Civil Code (BW), and the ITE Law, enhanced notary capacity-building on cyber notary operations and data security, and the establishment of a clear normative definition and specific regulations for electronic authentic deeds.