Enhancing legal certainty: Regulating cyber notaries and electronic transactions in Indonesia

Abstract

Introduction to the Problem: Explanation Article 15, paragraph (3) of the UUJN (Undang-Undang Jabatan Notaris) authorises notaries to certify electronic transactions, commonly known as cyber notaries. However, the absence of implementing regulations has made this authority legally unenforceable, creating uncertainty for both notaries and parties involved in electronic transactions. Purpose/Study Objectives: This article examines the types of electronic transactions that require notary certification and analyses the regulatory framework for implementing cyber notaries in Indonesia. Design/Methodology/Approach: This study employs normative legal research, drawing on juridical and conceptual approaches. It argues that notarial certification should not apply to all electronic transactions but should be limited to transactions characterised by high economic value, legal complexity, and significant legal risk. Findings: Regulatory harmonisation among the UUJN, the Law on Information and Electronic Transactions, and the Civil Code is essential to ensure legal certainty. This article contributes to the development of cyber notary discourse by offering a normative classification of certifiable electronic transactions and emphasising the need for enforceable implementing regulations. Paper Type: Research Article