Notary Public Responsibility for the Implementation of Cyber Resilience and Business Continuity Plan as a Legal Obligation in the Governance of the Notary Profession

Abstract

The digital transformation of notarial practice has expanded the exposure of notarial offices to cyber disruption, while Indonesian law still lacks an explicit norm obliging notaries to implement cyber resilience and a business continuity plan (BCP). This study examines the legal position of that obligation and formulates a regulatory model to close the resulting normative gap. Employing normative legal research with statutory, conceptual, and case approaches, the analysis applies Radbruch's construction of legal certainty, the risk management theory of Mehr and Hedges, and the doctrine of legal liability, complemented by an Islamic law perspective. The study finds, first, that cyber notary in Indonesia operates in a hybrid form in which the digitalized pre- and post-deed stages coexist with a conventional execution stage, producing nine structural weaknesses. Second, cyber resilience and BCP already constitute an implicit legal obligation derived from the notarial office duty, the duties of a personal data controller, and the duties of an electronic system operator; what is absent is not the legal basis but the standard. Third, the obligation should be transformed into an explicit, tiered, and technology-neutral norm, and can be operationalized immediately through cyber resilience clauses within notarial provisions under Article 15(1) of the Notary Office Law.