LEGAL CERTAINTY IN ELECTRONIC SIGNATURES IN CYBER NOTARY IMPLEMENTATION POLICY IN NOTARIAL DEEDS

Abstrak

The rapid development of information technology has significantly influenced legal
services, including notarial practice. The emergence of the cyber notary concept reflects efforts to
modernize notarial services through the use of electronic documents, electronic signatures, and digital
archiving. However, the application of electronic signatures in notarial deeds raises fundamental legal
issues, particularly concerning the authenticity of deeds and the principle of legal certainty within the
Indonesian legal system. This study employs normative legal research, focusing on the analysis of legal
norms, principles, and statutory regulations governing notarial deeds, electronic signatures, and cyber
notary practices. The research adopts a statutory approach by examining relevant legislation, including the
Law on the Office of Notary, the Indonesian Civil Code, and the Law on Electronic Information and
Transactions, as well as a conceptual approach through the analysis of legal doctrines and scholarly
opinions related to legal certainty and evidentiary law. The findings indicate that although electronic
signatures are legally recognized under the Law on Electronic Information and Transactions, their
application to notarial deeds is expressly limited. The absence of comprehensive regulation regarding
electronic execution of notarial deeds and digital storage of minuta deeds creates normative ambiguity.
Consequently, notarial deeds signed electronically risk losing their authentic status and may only possess
the evidentiary value of private deeds. This study concludes that the implementation of electronic signatures
within cyber notary practices in Indonesia has not yet provided adequate legal certainty. Regulatory reform
is therefore urgently required to harmonize notarial law with technological developments, ensuring the
authenticity of notarial deeds while supporting the modernization of legal services.