PELUANG DAN KENDALA HUKUM DALAM IMPLEMENTASI CYBER NOTARY: ANALISIS KOMPARATIF SISTEM HUKUM INDONESIA DAN AMERIKA SERIKAT

Eka Pramuditho Wibowo, NIM.: 22103040043 (2026) PELUANG DAN KENDALA HUKUM DALAM IMPLEMENTASI CYBER NOTARY: ANALISIS KOMPARATIF SISTEM HUKUM INDONESIA DAN AMERIKA SERIKAT. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Advances in information technology have driven the transformation of legal services, including in notarial practice through the concept of cyber notary. This concept offers efficiency and ease of access to notary services based on digital technology. However, the implementation of cyber notary in Indonesia still faces legal obstacles, particularly due to the provisions of Law Number 2 of 2014 concerning the Notary Position, which requires the physical presence of the parties in the creation of authentic deeds. In contrast to Indonesia, the United States has adopted Remote Online Notarization (RON) with clear and adaptive regulations to technological developments. This difference raises the urgency to examine the legal opportunities and challenges of implementing cyber notary in Indonesia through a comparative approach. This research is a normative legal study with a descriptive-analytical nature and a comparative approach. The research data was obtained through a literature study of relevant legislation, legal doctrines, and scientific literature, supported by interviews as supplementary data. The analysis was conducted by comparing the legal systems of Indonesia and the United States in regulating cyber notary practices, using Gustav Radbruch's theory of legal purpose, the theory of legal effectiveness, and comparative legal theory as the basis for analysis. The results of the study show that the implementation of cyber notaries in Indonesia has great potential as the public's need for efficient, technology-based legal services increases. However, its implementation is still hampered by the lack of comprehensive regulations, limited legal certainty, and the readiness of infrastructure and human resources. In contrast, the US legal system has provided legal certainty, benefits, and legal protection through Remote Online Notarization regulations. Therefore, it is necessary to update notarial regulations in Indonesia to be adaptive to technological developments in order to guarantee the validity of authentic deeds and legal protection for the parties.

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