KEPASTIAN HUKUM PENYIMPANAN PROTOKOL NOTARIS (SUATU URGENSI POLITIK HUKUM KENOTARIATAN)

EGA, GUSTIAN (2022) KEPASTIAN HUKUM PENYIMPANAN PROTOKOL NOTARIS (SUATU URGENSI POLITIK HUKUM KENOTARIATAN). Masters thesis, Universitas Andalas.

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Abstract

LEGAL CERTAINTY OF DIGITAL NOTARY PROTOCOL STORAGE (A POLITICAL URGENCY OF NOTARIAL LAW) (Ega Gustian, 1820123061, Notarial Master Program, Postgraduate Faculty of Law, Andalas University, 89 Pages, 2022) ABSTRACT Notary protocol is a collection of documents which are state archives that must be stored and maintained by a Notary in accordance with the provisions of the legislation. Based on Article 15 paragraph (1), Article 16 paragraph (1) letter b, Article 58, Article 59, and Article 63 UUJN/UUJNP, the Notary is responsible for keeping the Notary’s deed and protocol throughout the life of his office and will be forwarded by another Notary or his replacement. According to the times, it is time for Notary protocols to be stored and maintained digitally. Based on this description, the authors conducted research related to the regulation of Notary protocol storage and legal certainty of digital Notary protocol storage and the responsibility of Notaries in storing Notary protocols. The research method used is normative juridical, with a statutory approach and descriptive analytical research. The types and sources of data used are secondary data, with qualitative analysis. As for the results of the research, the Notary protocol storage settings are regulated in UUJN/UUJN-P. Notary protocol storage is carried out by a Notary, temporary Notary official substitute Notary, and MPD. In the UUJN/UUJN-P it is not clearly regulated, whether the Notary protocol is only stored using paper (conventional) media or can be stored digitally using electronic media. This is because the Notary protocol is a state archive , while the Archives Act provides arrangements related to being allowed to store archives using electronic media. Legal liability arising from the occurrence of violations or acts against the law, general provisions both civil, criminal, and administratively applicable to the Notary concerned. Another responsibility of the Notary holding the protocol is to keep the personal data of the parties confidential in connection with legal actions as outlined in the form of an authentic deed. The absence of rules governing the digital storage of Notary protocols has created a norm vacuum. So that the digital storage of the Notary protocol can only function as backup data. Key Word : Legal Certainty, Notary Protocol, Notar

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