The concept of Cyber Notary in Indonesia is influenced by the advance of technology, the need of the society, and the way people think. Cyber notary is mentioned in the amended Law on Notary (Amended ...UUJN) in the form of other authorities, which is to certify transaction made electronically (cyber notary). However, in the level of legal practice, cyber notary’s authority is not performed effectively by notaries in real practice. This study aimed to examine the aspect of legal certainty of cyber notary and how far the chance of UUJN’s Amendment is able to provide certainty for the implementation of cyber notary. This study was conducted using normative legal research method, a descriptive method, through statute approach and history approach. The result of this research shows that: first, notary’s authority in cyber notary is merely to legalize an electronic document and privately made deed. The second, the certification of a transaction which is done electronically (cyber notary) by Notary has validity or legally valid and is not against the principle of Tabellionis Officium Fidelliter Exercebo because during the process notaries is present directly. Based on the result of this study, the suggestion that can be given is that it is necessary to amend UUJN and to formulate implementing regulation of the mechanism of notary’s authority to certify electronic transaction.
This research aims to determine the regulation of electronic transactions in Notarial deeds (Notary Study in West Lombok). This type of research combines normative legal elements, which are then ...supported by adding data or empirical elements. Notaries, Temporary Notary Officials, Substitute Notaries, and MPDs carry out electronic notarial deed arrangements, and after 25 years, the Notary must submit their protocol to the MPD. The UUJN/UUJN-P does not regulate whether notary protocol storage is limited to paper media (conventional) or allows for digital storage using electronic media by a notary. This is because the Notary's protocol is considered a state archive, and the Archives Law governs the permissibility of storing archives using electronic media. Implementing notarial deeds via electronic means to increase legal certainty and data security, namely by storing Notarial protocols digitally using electronic media not regulated in UUJN/UUJN-P, legal responsibilities arising from violations or unlawful acts apply to legal provisions. In general, whether civil, criminal, or administrative, to the Notary concerned. Another responsibility of the Notary who holds the protocol is to keep the parties' data confidential in connection with legal acts outlined in the form of an authentic deed.
A Notary in Indonesia is a public official appointed by the Minister of Law and Human Rights of the Republic of Indonesia. Its function is crucial in ensuring certainty, order, and legal protection ...in the realm of civil law. In carrying out their duties, a notary is obliged to maintain the integrity and dignity of their profession by avoiding violations stipulated in the Notary Office Law and Code of Ethics. Administrative sanctions can be imposed on a notary who violates the rules, such as written warnings, temporary suspension, honorable discharge, and dishonorable discharge. Finally, dishonorable discharge can be applied when a notary faces the threat of imprisonment for five years or more. However, if the threat of imprisonment is less than five years, the notary still has the opportunity to resume their profession after serving the sentence. The issue arises when the Notary Office Law does not provide clear provisions regarding the imposition of penalties if a notary faces a criminal threat of less than five years more than once. This situation creates a legal norm vacuum and ambiguity in the role of the Notary Supervisory Board in determining sanctions against notaries who commit such violations.
Purpose: This article aims to examine the criteria for notary accountability concerning the use of online media for notary promotion in Indonesia. Drawing on Gustav Radbruch's theory, the study ...analyzes the elements of intentionality, legal certainty, and the pursuit of profit, as outlined in the Notary Law and the Provisions of the Notary's Code of Ethics. Additionally, it explores the notion of the notary profession as an officium nobile, emphasizing its noble position and ethical responsibilities. Methods: The research methodology involves a theoretical analysis based on Gustav Radbruch's legal theory and relevant provisions of Indonesian law pertaining to notary accountability. Through a qualitative examination, the study delves into the criteria for notary accountability, particularly concerning the use of online media for promotional purposes. Legal principles and ethical considerations are applied to evaluate the implications of notary actions in the digital age. Results and Discussion: The analysis reveals that the criteria for notary accountability encompass elements of legal certainty, intentionality, and the pursuit of profit, as delineated in legal frameworks and ethical codes. Maintaining the noble position of the notary profession entails upholding ethical standards and adhering to legal norms, ensuring fairness and justice in notarial practices. The discussion emphasizes the need for holistic and ethical examinations in cases of alleged violations, to uphold the principles of justice and accountability. Implications of the Research: The findings of this study have implications for notarial practice in Indonesia, highlighting the importance of ethical conduct and legal compliance, particularly in the context of online media usage for promotional activities. By elucidating the criteria for notary accountability, the research contributes to enhancing professional standards and fostering public trust in notarial services. Originality/Value: This article contributes to the literature by examining the criteria for notary accountability within the framework of online media promotion, drawing on Gustav Radbruch's legal theory and Indonesian legal provisions. By addressing the ethical and legal considerations inherent in notarial practices, the study provides valuable insights into the evolving landscape of notarial accountability in the digital age, thus adding to the body of knowledge on professional ethics and legal responsibility.
This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) ...and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights: No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position. Notary Examination Board is part of the Notary Supervisory Board. Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process. Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.
The Indonesian government has enacted Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, along with its implementing regulation, Government Regulation Number 43 of ...2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes. This regulation designates Notaries as one of the reporting parties in Suspicious Financial Transactions related to Money Laundering (TFM), obligated to submit reports to the Financial Transaction Reports and Analysis Center (PPATK). Meanwhile, Article 16 paragraph (1) letter f of the Notary Law states that in carrying out their duties, Notaries must maintain the confidentiality of deed contents. Here, there is a contradiction between legal regulations. This study aims to examine and analyze the validity and legal consequences of the additional professional obligations for Notaries as stipulated in the Notary Law, supplemented by Government Regulation Number 43 of 2015, designating Notaries as reporting parties in TFM related to Money Laundering. The research indicates that the confidentiality duty of Notaries is not absolute; in other words, the obligation to maintain confidentiality in the Notary Law can be set aside by other laws, in this case, the Law on the Prevention and Eradication of Money Laundering through Government Regulation Number 43 of 2015, a directly authorized implementing regulation. The additional obligation as a reporting party cannot be considered a violation of the principle of notary confidentiality but rather a form of protection, with Minister of Law and Human Rights Regulation Number 9 of 2017 serving as an implementation of the prudence principle for Notaries in performing their duties. Furthermore, the legal consequences for Notaries, if they breach their duty as keepers of official secrets, may include criminal sanctions based on Article 322 of the Criminal Code and Law Number 43 of 2009 concerning Archives, civil sanctions under Article 1365 of the Civil Code, and administrative sanctions under Article 85 of the Notary Law. Additionally, if a Notary fails to report suspicious financial transactions resulting in criminal activities, the Notary faces the threat of punishment as regulated in Article 5 of the Law on the Prevention and Eradication of Money Laundering, which includes passive involvement in money laundering crimes (Article 55 of the Criminal Code) and active assistance in criminal activities (Article 56 of the Criminal Code).
Government Regulation Number 24 of 2022 on the Creative Economy outlines the implementation of the Intellectual Property-Based Financing Scheme, wherein both banks and non-banking financial ...institutions leverage Intellectual Property as collateral. This includes fiduciary guarantees over Intellectual Property, contracts within Creative Economy activities, and/or claims within Creative Economy activities. Notably, Patents, a subset of Intellectual Property, can serve as collateral per Article 108 paragraph (1) of Law Number 13 of 2016 concerning Patents, allowing "patent rights to be used as objects of fiduciary guarantee." The provision of funding through financial institutions, be they banks or non-banking entities, closely aligns with the collateralization aspect, involving the duties and responsibilities of Notaries. This raises inquiries into the Role of Notaries in Intellectual Property-Based Financing and the Collateralization of Patents as governed by Government Regulation Number 24 of 2022 on the Creative Economy. Employing a juridical-normative approach and incorporating interviews with relevant stakeholders involved in fiduciary guarantee deed preparation, this research aims to discern the roles and responsibilities of Notaries in drafting fiduciary guarantee deeds incorporating patents as collateral objects. Furthermore, the study seeks to establish the Mechanism for Determining the Economic Value of a Patent as agreed upon in the Fiduciary Guarantee Deed.
