Ikhsan Lubis, Tarsisius Murwadji, Sunarmi, and Detania Sukarja 62-72

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Cyber Notary as A Mean of Indonesian Economic Law Development

Ikhsan Lubisa*, Tarsisius Murwadjib, Sunarmia, and Detania Sukarjaa
a*
Faculty of Law, Universitas Sumatera Utara, Indonesia. Corresponding author Ikhsan Lubis, e-mail: ikh-
sanlubis@students.usu.ac.id
b
Faculty of Law, Universitas Padjadjaran, Indonesia. E-mail: t.murwadji@unpad.ac.id
Article Abstract
Keywords: This paper tries to show how Indonesian economic law has evolved via the
Cyber Notary; Develop- emergence of the cyber notary idea. Notaries engage in various everyday
ment of Economic Law; tasks and activities in the fantastic world development, such as giving the
Digitisation; Industrial clients the finest service possible and impacting the economy. According to
Revolution 4.0. the law, notaries are required to be able to help and support anyone who re-
quires genuine written documentation of legal situations, events, or activi-
ties. This study employs qualitative approaches and descriptive analysis.
Article History: Additionally, researchers are interested in the phenomenon that examines the
Received: Jun 29, 2022; idea of a cyber notary as a way to advance Indonesian commercial law.
Reviewed: Jan 1, 2023; Qualitative research aims to conduct extremely thorough investigations that
Accepted: Jan 26, 2023;
examine the research's findings in great detail. Both primary data and sec-
Published: Jan 31, 2023.
ondary data are employed as sources of information. The findings demon-
strate that cyber notary adds value to electronic documents by legalising
DOI: them, for example, in addition to digitising notarial operations. However,
10.28946/slrev.Vol7.Iss1.1 because many aspects need to be ready, its implementation will take some
972.pp62-72
time. Article 1868 of the Indonesian Civil Code stipulates that a genuine
deed is a deed in a certain form that has been prescribed by law and is made
before a public authority.
©2023; This is an Open Access Research distributed under the term of the Creative Commons Attribution-
ShareAlike 4.0 International License (https://creativecommons.org/licenses/by-sa/4.0/), which permits unrestricted
use, distribution, and reproduction in any medium, provided the original works are properly cited.

INTRODUCTION
In the context of the 4.0 Era, this article examines the interaction between law and technology.
The transition from traditional to digital models of economics, politics, and law has occurred
throughout the fourth industrial revolution, which breakthroughs in digital technology have
characterised. One of the sectors that have the most effect is the economic one. E-commerce, or
the practice of conducting business using technical tools like the internet, is one of the business
models in the period of the 4.0 Era.1 In Indonesia, the value of e-commerce increased by 63.36

1
Xudong Song et al., “A Bearing Fault Diagnosis Model Based on CNN with Wide Convolution Kernels,”
Journal of Ambient Intelligence and Humanized Computing, April 2021, https://doi.org/10.1007/s12652-021-
03177-x.

Sriwijaya Law Review ◼ Vol. 7 Issue 1, January (2023) [62]

 Cyber Notary as A Mean of Indonesian Economic Law Development

per cent during the first semester of 2020, with total transactions reaching Rp. 186.75 trillion
and an increase of 48.4 per cent or 385 trillion rupiahs in 2021. globally, even at the end of
2021, the development of e-commerce has increased by 54% or reached 3.56 billion dollars, or
an increase of 22% from 2020. the key to successful e-commerce is to disrupt conventional
business because it uses sharing methods and artificially based connectivity that is intelligent,
big data, and without managing large organisations and resources.2
The effects of applying laws from one place to another have been the subject of a long-
running debate sparked by globalisation. Developments-related changes happen quickly, par-
ticularly in the information and communication fields. Supercomputers, genetic engineering,
nanotechnology, autonomous vehicles, and innovation are the hallmarks of the fourth industrial
revolution, or Industry 4.0. The economy, industry, government, politics, and law are all affect-
ed by these changes, which happen exponentially. Nowadays, the world is increasingly viewed
as a global village. According to the Mckinsey Global Institute analysis, industry 4.0 has a sig-
nificant and wide-ranging impact, particularly in the workforce sector. Many jobs will be elim-
inated in this era by robots and machines. Because of the need for dependable, excellent, and
specialised human resources in Industry 4.0, new issues for human resources have developed.
Positions in the legal industry, like notaries, must enhance public services by utilising current
information technology. Notaries in Industry 4.0 need to be able to think critically, solve issues,
communicate, be creative, and work in teams.3
The increasing global economic activity in adapting to the 4.0 era has encouraged the gov-
ernment to adopt information technology policies to facilitate national economic growth and
development.4 The Jokowi regime's strategic program in facing the era of the 4.0 Era is to op-
timise the Ease of Doing Business (EoDB) or the ease of doing business index. The ease of do-
ing business index is an important aspect of investment because the higher the Ease of Doing
Business (EoDB) rating of a country indicates that the country has a better level of ease of do-
ing business. In the era of 4.0, the practice of the position of a notary is experiencing disrup-
tion.5
The notary functions internationally under two different legal systems: common law nota-
ries, sometimes known as public notaries, and notaries in legal jurisdictions. Despite the fact
that they are both notaries, their roles and powers are distinct. Indonesia follows a civil law sys-
tem that draws its primary authority from written laws or regulations. When conducting elec-

2
Horst Treiblmaier and Christian Sillaber, “The Impact of Blockchain on E-Commerce: A Framework for
Salient Research Topics,” Electronic Commerce Research and Applications 48 (July 2021): 101054,
https://doi.org/10.1016/j.elerap.2021.101054.
3
Aam Hamdani et al., “Vocational Education in the Industrial 4.0 Era,” in Proceedings of the 6th UPI
International Conference on TVET 2020 (TVET 2020), vol. 520 (Paris, France: Atlantis Press, 2021), 33–35,
https://doi.org/10.2991/assehr.k.210203.081.
4
Andriansyah Andriansyah, Asep Nurwanda, and Bakhtiar Rifai, “Structural Change and Regional Economic
Growth in Indonesia,” Bulletin of Indonesian Economic Studies, April 2021, 1–34,
https://doi.org/10.1080/00074918.2021.1914320.
5
Christopher Decker and George Yarrow, “Understanding the Economic Rationale for Legal Services
Regulation (UK)” (Oxford, 2010).

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 Ikhsan Lubis, Tarsisius Murwadji, Sunarmi, and Detania Sukarja

tronic transactions, which frequently employ cyber notaries, notaries serve as reliable third par-
ties to mediate contracts and cooperative agreements.67
The impact of technology on notary operations upsets the status quo; computer-literate no-
taries will make the necessary adjustments and welcome technological assistance, but others
who need help understanding will opt to continue with the current practices. However, as of
right now, Indonesia does not have any specific laws governing the method for creating deeds
using electronic media, which is a subset of the cyber notary system. A Cybernotary aims to
expedite the process of creating a genuine deed by ensuring that all statements asked from in-
terested parties are included in the authentic deed and that any acts, agreements, or stipulations
needed by law are fulfilled. The parties concerned should find it easier to complete a notarial
deed online. However, using internet technology comes with legal issues. Cybernotarial im-
plementation is a way of adapting to the requirements of society and the times. As robust, com-
petent, and dependable institutional assistance is needed to guarantee that cyber defence objec-
tives are met, it may also enhance Indonesia's cyber security and resilience.
The discourse to adopt techniques and technology facilities in office practice is getting
stronger, and even international organisations and conventions such as The International Union
of Latin Notaries (UINL), Organization of Economic Co-operation and Development (OECD),
United Nations Commission on International Trade Law (UNCITRAL) are getting stronger.
The Hague Conference on Private International Law De La Haye De Droit Conference. Interna-
tional Prive (HCCH) has made a legal breakthrough to adopt an electronic system into notary
practice.8 However, the unpreparedness of Indonesian notary law in responding to technologi-
cal developments has implications for the emergence of legal uncertainty, namely deviations in
roles and functions or even dysfunction of authority.
Economic development is significantly influenced by structural change. One of the six
characteristics of a modern economy, according to Kuznets (1973), is a high degree of structur-
al change. Theoretically, a cross-sector reallocation from low-productivity economic sectors to
higher-productivity economic sectors is the mechanism through which structural change is
transmitted to economic growth. With the introduction of Industry 4.0, most individuals now
carry out practically all tasks using digital technology, including local and international busi-
ness transactions. With this change in transactional behaviour, contracts and agreements
formed by the community in the course of daily life have taken on a new shape. Electronic con-
tracts are now the standard for electronic transactions. In order to foresee this novel phenome-
non,
Following Government Regulation Number 82 of 2012 concerning the System and Imple-
mentation of Electronic Transactions, the Indonesian government has issued several regulations
that govern and provide legal certainty and implementation, as well as the legality of electronic
transactions, including electronic contracts. Therefore, this study aims to show how Indonesian
economic law has evolved via the growth of the cyber notary idea.

6
Fani Martiawan Kumara Putra, “Characteristics of Notary Deeds for Transactions Through Electronic Media,”
Norma 17, no. 3 (January 2021): 1, https://doi.org/10.30742/nlj.v17i3.1091.
7
Leslie G Smith, “The Role of the Notary in Secure Electronic Commerce,” no. September (2006): 1.
8
Unggul Basoeky et al., “Law and Technology : Legal Technology Model under the Authority of the Indonesian
Notary Position in the Industrial Revolution Era 4 . 0,” Legal Brief 11, no. 1 (2021): 353–65.

Sriwijaya Law Review ◼ Vol. 7 Issue 1, January (2023) [64]

 Cyber Notary as A Mean of Indonesian Economic Law Development

Developing the concept of the cyber notary as a means of developing Indonesian economic
law is to analyse the relationship between the implementation of the cyber notary with the eco-
nomic law perspective. Furthermore, there are three Previous kinds of research that have re-
viewed cyber notaries, namely First, Research by Nola entitle opportunities for the application
of cyber notary in Indonesian laws and regulations. Second, research by Setiadewi and Wijaya
entitled legality of cyber notary-based notarial deeds as authentic deeds. Third, research by
Marlin and Putra entitled the importance of implementing cyber notary as an effort to create
business practice security in Indonesia. However, the novelty of this research, namely the cyber
notary concept, is studied from the aspect of legal and economic development.

RESEARCH METHODS
This study employs qualitative approaches and descriptive analysis. Researchers are also inter-
ested in looking at phenomena that relate to law and technology: In the Industrial Revolution
Era 4.0, under the direction of the Indonesian Notary Office, qualitative research is focused on
highly in-depth investigations in which the findings are thoroughly examined and then properly
interpreted.9 In order for researchers to complete and organise knowledge in a targeted manner,
this study uses two sources of data, including primary data and secondary data. the facts of the
results are expressed in a very simple style of discussion.10

ANALYSIS AND DISCUSSION

Concept of Cyber Notary
The goal of the cyber notary is to speed up and simplify the creation of an authentic deed by
ensuring that all statements sought from interested parties are included in the genuine deed as
well as by meeting all legal obligations. Several supporting laws and regulations, such as Arti-
cle 15 Paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of
2004 respecting the Position of Notary, at this moment, referred to as Notary Act Position
Change, make it possible to put the concept into practice. It is vital to establish regulations that
are agreed upon by all relevant parties to increase notaries' proficiency in information technol-
ogy systems. The current legal regime, which is serious about cutting down the rule of law and
bureaucracy through digitalisation and electronic disruption programs to support the ease of
doing business, is a production contract for the position of a notary.11 Instead of notaries being
given the authority to certify electronic transactions to strengthen the notary's central and stra-
tegic position, notaries have been "castrated" and the scope of their authority has begun to be
narrowed. Practical and economic issues that form the basis for the government's political poli-
cy-making, the fundamental component is ignored, namely law order/harmonisation. This con-
dition, in the end, backfired for law enforcers such as the Notary Office. On that basis, an in-

9
John W. Creswell and J. David Creswell, Research Design: Qualitative, Quantitative, and Mixed Methods
Approaches, 5th ed. (Thousand Oaks, California: SAGE Publications, Inc, 2018).
10
Ahmad Rijali, “Analisis Data Kualitatif,” Alhadharah: Jurnal Ilmu Dakwah 17, no. 33 (January 2019): 81,
https://doi.org/10.18592/alhadharah.v17i33.2374.
11
Joachim Wurst, “Herbert Marcuse: One-Dimensional Man. Studies in the Ideology of Advanced Industrial
Society, Beacon Press: Boston 1964, 260 S. (Dt. Der Eindimensionale Mensch. Studien Zur Ideologie Der
Fortgeschrittenen Industriegesellschaft, Luchterhand: Neuwied/Berlin,” in Klassiker Der Sozialwissenschaften
(Wiesbaden: Springer Fachmedien Wiesbaden, 2016), 229–32, https://doi.org/10.1007/978-3-658-13213-2_52.

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 Ikhsan Lubis, Tarsisius Murwadji, Sunarmi, and Detania Sukarja

depth study of the relationship between law and technology in developing notarial law is need-
ed in Indonesia.
The new paradigm that is emerging in the age of the global industrial revolution is based
on automation, efficiency, and operational effectiveness, which are exemplified by Cyber-
Physical Systems (CPS), the Internet of Things (IoT), Internet of Services (IoS), Robotics, Big
Data, Cloud Manufacturing, and Augmented Reality. 4.0.1213 The creation of more intelligent
environmental organisations is made possible by developing smarter manufacturing processes.
These processes include machine tools, production modules, and products that can autono-
mously communicate information, initiate activities, and control one another. Of course, Indo-
nesian law needs to govern this.
The phrases Disruption, disruptive innovation, disruptive technology, and disruptive mind-
set are very popular among scholars and the general public. Technology "disruption" is recog-
nised as having permeated all aspects of life, be it business, investment, politics, government,
socio-culture and law.14 Furthermore, the influence of today's technological disruption has pen-
etrated human affairs and views about culture, truth and justice. The reality of modern society
is increasingly inseparable from technological developments. Technology is an inseparable part
of the joints of life and affects changing patterns (patterns) in the order of interaction and rela-
tions of human life. Indonesian law, therefore, needs to foster economic efficiency in at least
two ways: by designing laws to eliminate obstacles that discourage private negotiating and by
making laws to reduce the harm brought on by private negotiation failures. The law must be
distributed to those who value it most if private negotiation fails. Efficiency gains in certain
aspects aid in harmonising legal practice with other societal norms. When such rules are in
place, they serve as social instruments to encourage economic efficiency consistent with other
social norms.15
The idea of a cyber notary can make it easier for a notary to do their obligations, and it is
now being used in Indonesia. The use of the phrase "cyber notary" in the explanation of Article
15 Paragraph (3) UUJNP, where it is readily apparent, demonstrates how the notion has been
applied. When a notary creates the minutes of the General Meeting of Shareholders (hereafter
referred to as the GMs) of a Limited Liability Company, he is using information technology to
carry out his obligations and exercise his power.16
In contrast to the American concept of the cyber notary, Nicole in Wijaya explained that
the American Information Security Committee of the American Bar Association proposed the

12
Georgios Lampropoulos, Kerstin Siakas, and Theofylaktos Anastasiadis, “Internet of Things in the Context of
Industry 4.0: An Overview,” International Journal of Entrepreneurial Knowledge 7, no. 1 (June 2019): 4–19,
https://doi.org/10.2478/ijek-2019-0001.
13
V. Alcácer and V. Cruz-Machado, “Scanning the Industry 4.0: A Literature Review on Technologies for
Manufacturing Systems,” Engineering Science and Technology, an International Journal 22, no. 3 (June
2019): 899–919, https://doi.org/10.1016/j.jestch.2019.01.006.
14
Julian Inchauspe, Garry MacDonald, and Moch Abdul Kobir, “Wagner’s Law and the Dynamics of
Government Spending on Indonesia,” Bulletin of Indonesian Economic Studies 58, no. 1 (January 2022): 79–
95, https://doi.org/10.1080/00074918.2020.1811837.
15
Basoeky et al., “Law and Technology : Legal Technology Model under the Authority of the Indonesian Notary
Position in the Industrial Revolution Era 4 . 0.”
16
Ni Kadek Ayu Ena Widiasih, “Kewenangan Notaris Dalam Mensertifikasi Transaksi Yang Dilakukan Secara
Elektronik (Cyber Notary),” Acta Comitas 5, no. 1 (2020): 150, https://doi.org/10.24843/ac.2020.v05.i01.p13.

Sriwijaya Law Review ◼ Vol. 7 Issue 1, January (2023) [66]

 Cyber Notary as A Mean of Indonesian Economic Law Development

cyber notary practice in 1993. Under this concept, a notary in America has the authority to au-
thenticate various documents made in electronic business communications.17
Furthermore, the comparison with the Philippine Law, which allows the making of party
deeds using teleconference so that the parties do not need to be present in person, as in an Act
Allowing Remote Notarisation and Amending Republic Act No. 8792 or otherwise known as
the Electronic Commerce Act of 2000, and for other purposes Section 9 Remote Notarisation -
notarial acts where the signing parties and witnesses are not physically present in front of the
notary public, may be conducted via videoconferencing facilities. Provided that it shall adhere
to the rules and regulations as may be determined by the Supreme Court.
From the motion of law and economics, the cyber notary concept has been developed to
develop Indonesian economic law. It responded to the first fundamental question that it plays a
significant role in creating and implementing the law so that the rule of law can actually dis-
tribute justice, which is the standard of the economy. Although most legal positivists do not
view justice from an economic standpoint, the concept of economic justice still aids in giving
the legal practice a clear sense of direction. The economic method allows the law to be viewed,
understood, and analysed as systems that economic analysis may enlighten, reveal as coherent,
and in some cases enhance. It also promotes the law to function economically efficiently.

Implementation of Cyber Notary to Support Indonesian Cyber Security and Resilience

The potential implementation of the cyber notary to support in Indonesia since April 13, 2021,
is one of the state institutions that we called the State Cyber and Code Agency. The concept of
a cyber notary can be supported by State Cyber and Code Agency, especially for the security
and safety mechanism to implement it.
All national cyber security stakeholders use the Indonesian Cyber Security Strategy as a
common reference for creating and implementing cyber security policies inside their organisa-
tions. They are based on the fundamental tenets of social and political life, including sovereign-
ty, independence, security, community, and adaptability. Legal innovations produce reliable
methods for information storage and retrieval. There were no copiers or computers two hundred
years ago. Rules for conditional evidence address the primary issue with documentary evi-
dence, which is the veracity of contracts and deeds. Several laws have governed the admission
of electronic evidence in court. Regionally, this issue has also been addressed by European Par-
liament Directive 1999/93/EC.18 Contracts signed via electronic means do not lose their force
and legal validity, according to the European Parliament and Council's Directive on Electronic
Commerce from June 8 2000, on some legal elements of information society services, particu-
larly electronic commerce, in the Internal Market.19

17
JA Caswell and AL Yaktine, Individual, Household, and Environmental Factors Affecting Food Choices and
Access, Supplemental Nutrition Assistance Program: Examining the Evidence to Define Benefit Adequacy,
2013.
18
Hans Graux, “Rethinking the E-Signatures Directive: On Laws, Trust Services, and the Digital Single Market,”
Digital Evidence and Electronic Signature Law Review 8, no. 0 (January 2014): 46–56,
https://doi.org/10.14296/deeslr.v8i0.1951.
19
Finna Nazran et al., “Cybernotary as Support for Cybersecurity and Resilience,” in Proceedings of the 2nd
International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang,
Indonesia (EAI, 2021), https://doi.org/10.4108/eai.29-6-2021.2312613.

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 Ikhsan Lubis, Tarsisius Murwadji, Sunarmi, and Detania Sukarja

As is the case with the omnibus law, which was recently passed as a law, the development
of the cyber notary concept as a means of developing Indonesian economic law can also be car-
ried out for economic and legal interests in Indonesia. The President of Indonesia officially en-
acts a job creation law – commonly known as the "Omnibus Law". By streamlining the licens-
ing process, harmonising various laws and regulations, and accelerating policy decision-making
for the central government to address global or other changes or challenges, it aims to attract
investment, generate new jobs, and strengthen the economy, among other things. The Omnibus
Law has changed more than 75 current laws, and it will be necessary for the central govern-
ment to publish more than 30 government rules and other implementing regulations in the next
three months. Focusing on making it easier to conduct business in Indonesia, such as through
streamlining the licensing and land acquisition procedures, establishing economic zones, bol-
stering incentives for free trade zones, and establishing a land bank supervisory body, are a few
of these essential topics introducing innovative, risk-based business ideas. The three types of
business activity are low, medium, and high risk. Business actors must get a business identifi-
cation number for all categories. Standard certification and business licenses are necessary for
medium-risk and high-risk firms. Investing, including foreign investment, is permitted, except
investments in sectors of the economy that are off-limits to outsiders or that the central gov-
ernment can only carry out. The central government intends to replace the current negative list
with a positive one by presidential rule. In general, the Omnibus Law's amendments to the leg-
islation regulating many commercial industries now contain requirements and prohibitions re-
lating to foreign investment. This should provide the central government with more discretion.
The existing condition of the cyber notary in Indonesia can be constructed for the future
authority from the cyber notary, and it is potential to implement it since there is the State Cyber
and Code Agency. The influence of technology in the development of law cannot be separated
from the encouragement of the economic subsystem with high energy. Richard Posner, through
the Economic Analysis of Law Theory, is defined as legal economic analysis saying that every
legal problem must still be constellated (compiled, built, and linked) with basic economic con-
cepts, reasons and economic considerations to be able to position the nature of the law legal
benefits.
Economic Analysis Theory of Law is built on Jeremy Bentham's utilitarian philosophy
with basic concepts, namely the concept of rational choice, value, efficiency, and utility, called
felicific calculus. Felicific calculus is used to measure legislation results with variables called
circumstances, namely purity, extent, duration, intensity, certainty, fecundity, and familiarity. It
is believed to be able to achieve the greatest happiness of the greatest number. Based on the
legal economic theory mentioned above, creating legal technology market segmentation with
the approach and concept of "cost-benefit analysis" to estimate the benefits and costs of tech-
nology-based legal practice. Technological disruption in the legal field starts from the bespoke
model to the commodification model and cost structure in the legal services market.
Article 5 of the Information and Electronic Transactions Law. Due to the concentration of
the legislation on electronic evidence, Due to the nature of Indonesian notaries, whose primary
duty is to create legitimate deeds that may serve as compelling evidence before a court of law,
Law No. 19 of 2016 is also recognised as the starting point of internet notary. The introduction
of the cyber notary in Indonesia is a declaration of the necessity for the law to adapt to both

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 Cyber Notary as A Mean of Indonesian Economic Law Development

global and technical demands. The current issue is the passing of legislation that conflicts with
and is against other laws and regulations. In order to underline the imbalances in the laws that
exist in reality clearly and practically, we conduct our study from a paradoxical standpoint. In
order to have comprehensive knowledge, we may compare the cyber notary in Indonesia, in
particular the compromises performed, with the cyber notaries outside. This approach high-
lights the originality of the study. Additionally, this work makes an effort to provide answers to
queries that necessitate in-depth study. The findings of this study will help Indonesia develop
its regulations, particularly those on cyber notaries.20
Online and face-to-face legal services are moving from bespoke to standardisation, sys-
tematisation and externalisation (packaging). Online technology enables legal service providers
(lawyers or notaries) to package and offer their services and services to clients more efficiently
and effectively. The entire process, from bespoke to packaging, is referred to as the commodi-
fication of legal services. The commodity is the process by which providers charge for access
to their online services and offer clients a much lower fee. The main drivers of legal services
have three dimensions: clients who cannot pay for legal services, individual consumers who
begin to demand legal services quickly at low costs, and movements that become catalysts to
bring change into legal work.
In addition, the UN Commission on International Trade Law UNCITRAL has completed
its work on a legal model that is expected to support international commercial contracts through
electronic media.21 This legal model outlines the rules for ratifying and recognising contracts
made through electronic media, establishes rules regarding breach of contracts, formation and
execution of electronic contracts, establishes the characteristics of legal electronic writing, orig-
inal documents, acceptable electronic signatures, and support the acceptance of computer evi-
dence in court or arbitration proceedings. The implementation of a cyber notary to support In-
donesian Cyber security and resilience by optimising the existence of the State Cyber and Code
Agency. We can make one of the State Cyber and Code Agency divisions that has the authority
to be concerned about the cyber notary implementation in Indonesia.
UNCITRAL's Model Law on Electronic Commerce was accepted by UNCITRAL in 1996
as a follow-up to its mandate to create harmonisation and unification of international trade law
that can remove barriers to international trade.22 The Model Law was prepared in response to
the major changes in how communication between parties uses computers and other modern
techniques to conduct business. This legal model is intended to serve as an example for coun-
tries to evaluate and modernise certain aspects of their laws and practices in the field of com-
mercial relations by using computer communication techniques or other modern means and
making relevant laws and regulations that are not currently available.

20
David Tan, “Cyber-Notaries From a Contemporary Legal Perspective: A Paradox in Indonesian Laws and the
Marginal Compromises To Find Equilibrium,” Indonesia Law Review 10, no. 2 (2020),
https://doi.org/10.15742/ilrev.v10n2.635.
21
Asep Ahmad Fauji, “Penerapan Prinsip Uncitral Model Law Dalam Pembuktian Kasus Transaksi Elektronik Di
Indonesia,” University Of Bengkulu Law Journal 2, no. 1 (April 2017): 90–102,
https://doi.org/10.33369/ubelaj.v2i1.8013.
22
Renaud Sorieul, Jennifer R. Clift, José Angelo Estrella-Faria, “Establishing a Legal Framework for Electronic
Commerce: The Work of the United Nations Commission on International Trade Law (UNCITRAL),” The
International Lawyer 35, no. 1 (2001): 107–22.; Harold S Burman, “United Nations: Uncitral Model Law On
Electronic Commerce,” International Legal Materials 36, no. 1 (May 1997): 197–209.

[69] Sriwijaya Law Review ◼ Vol. 7 Issue 1, January (2023)

 Ikhsan Lubis, Tarsisius Murwadji, Sunarmi, and Detania Sukarja

The Model UNCITRAL Law on Electronic Commerce has been published together with a
Guide to Enactment, which explains the law.23 In drafting and finally accepting the Model Law,
UNCITRAL realised that this Model law would be an effective means for countries to modern-
ise their laws and regulations and provide explanations for the parties to understand and use
this Model law.24 The compilers of Model Law seem to recognise that legal requirements in
traditional paper-based documents are a major obstacle to the development of modern modes of
communication. The meaning of writing, signature, and original must be developed for the
benefit of computer engineering.
The legal model rests on an approach called the Functional Equivalent Approach, which is
based on an analysis of the objectives and functions of traditional paper document require-
ments. The aim is to determine how these objectives and functions can be achieved through E-
Commerce techniques. For example, the functions that paper documents want to achieve are:
ensuring that they are readable by everyone; that the document will not change over time; al-
lowing reproduction so that the parties to the agreement have copies of the same data; allowing
authentication of data through signatures, guarantees that documents can be accepted by offi-
cial officials or by courts. Concerning the function of these documents, it is believed that elec-
tronic archives can provide the same security guarantees as paper documents, even in many
cases being able to provide a higher level of trust and certainty, especially in terms of identify-
ing sources and their contents data, provided that several technical and legal requirements are
met.
CONCLUSION
Notary services now adapt to a computerised system, a novel phenomenon in the millennial era.
That notaries carry out a variety of duties and tasks in the notary business regularly, including
giving their clients the greatest service possible. According to the law, notaries are required to
be able to help and serve anyone who requires genuine written proof pertaining to legal situa-
tions, events, or acts. As a result, persons who are appointed as notaries must have a sense of
community service. A notary is only useful if the general public needs it. The idea of a "cyber
notary" is the complete opposite. Physical contacts are not necessary, and virtual encounters
enabled by telecommunications technology can take their place. A legal discussion comparing
the traditional notarial deed with the electronic notarial deed has been prompted by the virtual
meeting that took place during the creation of the deed. Cybernotary not only digitises notary
tasks but also give electronic papers value by legalising them, for instance. However, because
various preparations must be made, its execution will take some time. One of them is the modi-
fication of Article 1868 of the Civil Code, which specifies that a deed in a certain form that has
been prescribed by the law and is made before a public authority qualifies as an authentic deed.
The idea of a cyber notary is frequently connected to distant services, including remote deed
creation. In theory, a cyber notary and a traditional notary are similar. The notary continues to
be in direct contact with all parties. The main distinction is that the parties study the document
on their individual computers before consenting and signing the deed electronically at the nota-

23
Emmy Latifah, “E-Contract Dalam Perspektif Hukum Perdagangan Internasional,” Syiar Hukum: Jurnal Ilmu
Hukum 9, no. 3 (2007): 232–47.
24
Terence C Halliday, “Architects of the State: International Financial Institutions and the Reconstruction of
States in East Asia,” Law & Social Inquiry 37, no. 2 (May 2012): 265–96.

Sriwijaya Law Review ◼ Vol. 7 Issue 1, January (2023) [70]

 Cyber Notary as A Mean of Indonesian Economic Law Development

ry's office. Making a deed should be more than just witnessed on paper. A deed can technically
be completed online without violating any rules or regulations. State Cyber and Code Agency
might be supportive of the idea of a cyber notary, especially concerning the security and safety
measures that will be used to execute it. Comparatively speaking to the USA, cyber notaries
may be implemented thanks to information security safely; thus, there is potential for its legal
construction.

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