Utilization of Technology as an Effort to Protect Lost or Damaged Notary Deed Minutes Due to Force Majure

Abstract

The minute deed (deed minutes) constitutes an essential part of the Notarial Protocol and has a strategic position in ensuring the authenticity, legal certainty, and protection of the rights and interests of parties appearing before a Notary. The obligation of a Notary to prepare and preserve minute deeds is principally regulated under Law Number 30 of 2004 concerning the Notary Position, as amended by Law Number 2 of 2014 concerning Amendments to the Law on the Notary Position. However, these regulations do not comprehensively govern the mechanism for electronically preserving minute deeds or the legal protection and liability of Notaries when minute deeds are lost or damaged due to circumstances beyond their control (force majeure). This condition raises legal issues concerning legal certainty, the continuity of the evidentiary function of notarial deeds, and the legal protection of parties when minute deeds are lost or damaged as a result of unforeseeable and unavoidable circumstanc