Legal Certainty of Application of Electronic Archives in Keeping Minutes of Notary Deed as Authentic Evidence

Andi Muhammad Syuaib, Amin Purnawan, Akhmad Khisni


This study aims to: to determine whether the application of the use of electronic archives for notarial deeds can provide legal certainty. The approach method in this research is normative law, the data source is obtained from literature and the legal materials used are primary, secondary and tertiary legal materials which are then analyzed by means of qualitative analysis. Based on the results of data analysis, it can be concluded thatthe use of electronic archives as a minimum of a notary deed has not yet obtained a strong legal basis, so it has not guaranteed legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. The legal substance in the use of electronic archives as a minimum of notary deeds has not been fully accommodated in the UUJN with the obligation to read the deed in the presence of witnesses and failure to fulfill this requirement will result in legal sanctions for the notary. The ITE Law, which is a legal basis for notaries, also does not provide an opportunity for electronic deeds by providing restrictions on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence. The incompatibility between UUJN and the ITE Law, and the ITE Law with the UUPT regarding the authority of notaries in the use of electronic records is clearly a separate obstacle for notaries. The current legal substance has not been able to facilitate the various interests of the community. Because the substance of the law has not accommodated the interests of the community, the existing legal regulations are not able to adapt to new things that are happening in the community, resulting in no guarantee of legal certainty. The substance of the law is not yet futuristic, because the regulation of the notary's authority cannot anticipate events that may arise in the future, namely the demands of the public so that notaries are able to make deeds electronically. The legal structure that was built has not been able to encourage the implementation of electronic services by notaries properly and optimally. In addition, the legal culture of the community tends to believe more in using conventional facilities than with technology.


Legal Certainty; Electronic Archives; Minuta notary deed; Legislation.

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Lubbe, JCA Vam Der and Nauta, 1992. " Culture and Expert Systems ”, Peircean semiotics. Int.Information and Documentation Forum Journal. Vol. 17 No. 3

Rahadi Wasi Bintoro. 2011. "Application of Law in Electronic Transaction Dispute Resolution in General Courts".Journal Legal Dynamics. Vol. 20 No. 12

Triyanti. 2015. “Evidence Power of Electronic Documents as Substitute Minutes of Notary Deed. Postgraduate".Repertorium Journal. Volume II No. 2


Edmon Makarim. (2014). Notary and Electronic Transactions, Legal Studies About Cybernotary or Electronic Notary. Jakarta: Sinar Grafika

Emma, 2012, Cyber Notary Early Understanding in the Concept of Thought. Bandung: PT. Refika Adi Tama

H. Halim HS & Erlies S. Nurbani. (2013). Application Of Legal Theory In Thesis And Dissertation Research. Jakarta: Raja Grafindo Persada.

Kie, Tan Thong. (2013). Notarial Studies & All-round Notary Practices. Jakarta: PT. Icht iar Baru Van Hoeve

Notodisoerjo, R. Soegondo. (1993. Notariat Law in Indonesia An Explanation. Jakarta: Rajawali Pers

Sugiarto, Agus, Teguh Wahyono. (2014). Electronic Records Management. Yogyakarta: Gava Media


Rio Admiral. Keeping the Notary Records for Who's Responsibilities, accessed at 20.78 WIB on December 8, 2020


Code of Civil law (Burgerl i jk Wetboek, Staat sblad 1847-23), translated by R. Soesilo and Pramudji R, Rhedbook Publisher, Jakarta

Act No. 30 of 2004 concerning Notary Position (State Gazette of the Republic of Indonesia of 2004 Number 117, Supplement to the State Gazette of the Republic of Indonesia Number 4432).

Act No. 11 of 2008 concerning Electronic Information and Transactions (State Gazette of the Republic of Indonesia of 2008 Number 58, Supplement to the State Gazette of the Republic of Indonesia Number 4843).

Act No. 43 of 2009 concerning Kear cipa (State Gazette of the Republic of Indonesia of 2009 Number 152, Supplement to the State Gazette of the Republic of Indonesia Number 5071).

Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary (State Gazette of the Republic of Indonesia of 2004 Number 3, Supplement to the State Gazette of the Republic of Indonesia Number 5491).



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