Legal Reconstruction of Electronic Storage for Notarial Deeds Minute Based on the Value of Justice

Abstract

The objectives of this research are to analyze and find weaknesses in the current regulations for storing notarial deed minutes and to find a reconstruction of regulations on the legality of electronically storing minutes of notarial deeds based on the value of justice in a constructivism paradigm with a social legal research approach method to solve research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where The data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Research results show that the Weaknesses consist of (a) Legal structure where there are no communication and informatics experts which means electronic storage of certificate minutes cannot be implemented (b) Legal substance including unclear norms in UUJN Article 15 paragraph (3) UUJN, Unclear norms in UUJN no. 2 of 2014 Article 1 number 13. Weaknesses in proving Article 1868 of the Civil Code. (c) Legal Culture, namely the difficulty for senior notaries to understand new technology and tend to stick with old technology. Therefore, the reconstruction of Pancasila values in the electronic storage of deed minutes creates an electronic notary system because it can create a product that is more accurate, relevant, economical, trustworthy, faster, and more practical. Reconstruction of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 1 number 7 so that the Minutes of Deed are the original Deed containing the signatures of the presenters, witnesses, and Notary, which are stored in paper form and/or in the form of an electronic document as part of the Notary Protocol. Article 16 paragraph (1) letter b becomes (1) In carrying out his office, a Notary is obliged to: b. make deeds in the form of deed minutes and/or deed e-minutes and save them as part of the Notary's protocol.