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1359

Universitas Tarumanagara, Jakarta Barat, Indonesia

Introduction

During the transition period from 1999 to 2000, countries in various parts of the world

entered a new era called the Millennium era, where there were lots of significant

updates taking place in various aspects of life and the scientific field, the most striking

progress is in the field technology and informatics. As time goes by development

development grows and continues to change very quickly. Until In the current era,

namely the 4.0 era, without realizing it, work is being carried out and integrated into a

system, that is global.

The information technology sector has grown so fast. To offer a variety of facilities,

communicate. Related to conveniences There is also the impact of the threat of danger

caused by advances in technology and information.

Indonesia is one of the countries in the world. Those who experience developments in

technology and information do not escape feeling the consequences of progress and

entry into information technology. This makes Indonesia and all its elements must

immediately adapt and continue to follow developments that occur, especially in The

development of information technology is currently growing very rapidly to be able to

Nowadays almost every profession is obliged to use computers and store all types of

work data in one system. Send letters and data via the internet, carrying out buying

and selling transactions electronically, and many other things that can be done involve

the use of information technology. The threat of crime that arises from the impact of

advances in technology and This information encourages the House of Representatives

(DPR) and the government as a legislator to form laws and regulations that can cover

every legal subject's rights, so that they are safe and not mutually exclusive conflict,

then on April 21 2008 Law Number 11 of 2008 concerning Electronic Information and

Transactions which was later amended with Law Number 19 of 2016 (UU ITE).

physical document) in making authentic deeds Where The deed has legal force perfect

by the parties who require perfect proof towards electronic Notary services in carrying

out notary functions known as a cyber notary. A cyber notary is someone who has

specialized skills in the fields of law and computers (Makarim, 2011), by starting to

develop a cyber notary the notary profession within its authority can make deed

products in digital form a new phenomenon. There is an authentic deed in

digital form which is a product of cyber notary becomes interesting in the

analysis from the aspect of the extent of legal certainty that will be obtained by

the parties listed in the deed and the extent to which the deed has the power of

proof in the eyes of the law that applies in Indonesia. Based on the phenomenon

Based on the background description, the problem formulation will be researched and

analyzed in this research is How Legal certainty and strength of Evidence Act

also provide very valuable input for various parties involved in carrying out the office

of notary digital.

Framework Theory in this research are theories that are related to the variables

contained in the research title or included in the research paradigm according to the

results of the problem formulation. This theory is used as an analysis knife in

research on the variables to be studied to answer the problem formulation. The

theories used as analytical tools for this research are the theory of legal certainty

and the theory of evidence.

(Atmadja, 2018). Because legal principles contain ethical demands, legal principles

can be said to be a bridge between legal regulations social ideals, and the ethical views

of society. In forming legal rules, the main principle is established to create clarity

regarding legal regulations, this principle is legal certainty. The idea of the principle of

legal certainty was originally introduced by Gustav Radbruch in his book entitled

"Introduction to Law”. Radbruch wrote that in law there are 3 (three) basic values,

namely (Agiyanto, 2018): (1) Justice (justice); (2) Benefits (expediency); and (3) Legal

Certainty (Legal certainty). Returning to the discussion regarding the principle of legal

certainty the existence of this principle is interpreted as a situation where the law is

certain because of the concrete strength of the law in question (Julyano & Sulistyawan,

means that the party seeking justice wants to know what the law is in a particular

matter before he starts a case and protection for those seeking justice. Furthermore,

regarding legal certainty, Lord Lloyd said that (Faried, 2022). “…law seems to require

a certain minimum degree of regularity and certainty, for without that it would be

impossible to assert that what was operating in a given territory amounted to a legal

system” From this view, it can be understood that without legal certainty, people do

not know what to do and ultimately uncertainty arises (uncertainty) which will

ultimately lead to violence (chaos) due to the indecisiveness of the legal system. So,

legal certainty refers to the application of law that is clear, permanent, and consistent,

where its implementation cannot be influenced by subjective circumstances (Prayogo,

2016).

a notification only, but what is then only notified is directly related to the subject

matter mentioned in the deed."

Article 1870 of the Civil Code states: "An authentic deed provides between the parties

as well as his heirs or those who derive rights from them, a perfect proof of what is

contained in it”.

From this explanation, it can be concluded that the law of evidence includes, among

other (Krisnawaty, 2015):

b) Material evidence, regulates whether or not evidence can be accepted with a certain

August 2020. Launching from the website official PT. Indonesian Central Securities

Depository, PT. From the beginning of April 2020, KSEI has started to facilitate issuers

who will hold a general meeting of shareholders (GMS) through the means of live

streaming (teleconference).

Cyber Notary itself is a concept that utilizes technological advances for notaries to

create authentic deeds in cyberspace and carry out their duties every day. For example:

the electronic signing of deeds and electronic General Meeting of Shareholders

regarding all agreements or provisions that are required by law or that interested

special witnesses for making the deed the will under the hand, and signed at that time

by the person present, witnesses, and Notaries.”

According to this article, the provisions for attending face-to-face are for the parties, to

read it directly, and the Notary and the parties signing the document at that time is an

absolute requirement the document changes its power to become an authentic deed.

From the description of the article, This author concludes the electronic certification of

a deed ignores the essence of Article 15 paragraph (3) regarding the authority to certify

Documents are declared valid if the Electronic System is used by the provisions

regulated in this Law. Deed cyber notary Conceptually, it is included in the category

stated in Article 5 paragraphs 1, 2, and 3 of Law number 11 of 2008, namely electronic

documents, and given legal certainty as legal evidence by the procedural law in force

in Indonesia.

If it is related to the theory of legal certainty where legal certainty has two aspects,

namely the ability to enact the law in concrete terms and legal security then the deed-

cyber notary does not yet have legal certainty because the deed-cyber notary becomes

less concrete and vulnerable to legal security for the parties. This is because a

has legal certainty provided that it fulfills the following elements: "Reading the deed in

front of an audience in the presence of at least 2 (two) witnesses, or 4 (four) special

witnesses for making a testamentary deed under the hand, and signing it at that time.

together Law number 2 of 2014 regarding deed documents cyber notary If it is not

explicitly in line then legal certainty can be said to still be biased because the concept of

legal certainty refers to the application of law that is clear, permanent and consistent

where its implementation cannot be influenced by subjective circumstances. Deed

cyber notary is vulnerable to subjectivity if they are still under legal umbrellas that

contradict each other.

Analysis of the Proof of Deed Cyber Notary

When reviewed more deeply about the authentic act done by cyber notary seen

documents and/or printed results is valid legal evidence.” That way, it explains what

states that electronic documents are equivalent to documents made on paper. In this

case, the idea can be drawn that the evidentiary power of electronic documents in civil

case practice is equated with the power of written evidence (letters). Even though

electronic evidence has so far been recognized as valid evidence, its evidentiary value

does not yet have perfect evidentiary value (Pratama, 2023) .

of the deed is not carried out directly but uses an electronic signature or what is better

known as a digital signature (digital signature). The recognition of an electronic

concerning Information and Technology. Inside ITE Law (Electronic Information and

Transactions) Article 5 which reads:

intended in paragraph (1) do not apply to:

So a form of electronic document can have the power of genuine and authentic

evidence if it uses an electronic system safely, reliably, and responsibly. Based on

positive law in Indonesia, related to electronic authentic deeds for enforcement cyber

notary This has not been recognized as electronic evidence. Because based on the

provisions of Law no. 11 of 2008 concerning Information and Technology, which

related to signing an electronic authentic deed with a concept cyber notary If the signer

conditions according to the applicable rules. An authentic deed is said to be perfect

when the deed is made with the testimony of a public official. The form and content of

the deed must comply with the provisions of the law. The deed must be made by an

official who has authority by applicable regulations. Of these three conditions, the

because the deed-cyber notary is not made with direct testimony by authorized

officials or parties listed in the deed. The requirement for direct testimony in making a

deed by an official or the listed parties is an element that is regulated in Law Number 2

of the Year 2014 Concerning the Position of Notary (UUJN) article 16 paragraph (1)

provide legal certainty, provide a sufficient basis for the judge regarding the validity of

an event, and evidence presented by the litigant party in a formal way to the judge in

the trial then it can be said to be a deed. cyber notary has weak evidentiary force.

Because the need for cyber notary does not yet have a clear legal umbrella either in the

law on notary positions or the law on information and electronic transactions.