KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA OTENTIK ELEKTRONIK DALAM KONTEKS CYBER NOTARY TERKAIT DENGAN KETENTUAN PASAL 1868 KITAB UNDANG-UNDANG HUKUM PERDATA

Abstract

The rapid development of information and communication technology is driving a transformation in notarial practice, particularly in the electronic creation of authentic deeds through the concept of cyber notary. This study analyzes the authority of notaries to create electronic authentic deeds in relation to the provisions of Article 1868 of the Civil Code (KUHPerdata), which requires authentic deeds to be created in person before a public official. Although technologies such as video conferencing have opened up opportunities for electronic deed creation, regulations in Indonesia, such as the Notary Law (UUJN), the Electronic Information and Transactions Law (UU ITE), and the Civil Code, have not yet fully synchronized and accommodated physical presence in an electronic context. This research shows that this regulatory inconsistency is a major obstacle to the official implementation of cyber notary, thus preventing legal certainty regarding electronic authentic deeds. Therefore, adjustments and harmonization of laws and regulations are essential to support the implementation of the cyber notary concept in order to provide modern, efficient, and reliable notarial services in the digital era.

Keywords: Cyber Notary, Authentic Deed, UUJN.