Ida Bagus Agung Putra Santika’s scientific contributions

This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken.

The purpose of this research is to examine and analyze clearly the scope of the Notary prudence principle on implement his/her position so that definitive or limitative limits are found regarding the Notary prudence principle on implement his/her position. The method used is normative legal research. Data collected through basic regulations, laws and regulations, and legal norm. The theories applied such as the theory of legal protection, the theory of legal certainty, and the theory of responsibility. The results of this research indicate that Article 16 paragraph (1) letters a and m describe the implementation of the Notary position, while the provisions of Article 17 instruct the Notary on implement his/her position to stay away from all prohibitions that are not allowed to be carried out in carrying out his duties, one of which is in the form of doing other job that are contrary to religious norms, decency or propriety that can affect the honor and dignity of the position of a Notary. The provisions of UUJN jo. UUJN-P in particular the provisions of Article 16 paragraph (1) letter a as a violation of the fulfillment of the prudence principle and an administrative violation. Thus, as a Notary, it is advisable to comply more with all the provisions of the UUJN jo. UUJN-P, is careful, thorough and thorough in administering the deed, in order to eliminate the bad intentions of those who deliberately blame and place the Notary as committing an unlawful act, both civil and penal.

Influence arising from technological developments has an impact on changes in society in the field of law, especially in terms of evidence using electronic devices as an extension of evidence in the law in Indonesia. This study aims to determine the responsibility of a Notary to an authentic deed made by and/or before a Notary Public based on the provisions of UUJN jo UUJN-P and to find out the legal impact arising related to the use of photo documents as an expansion of new evidence towards the authenticity of an authentic deed. The method used in this study is a normative perspective with a statutory approach and conceptual approach that aims to conduct a juridical study of the legality of electronic evidence. The results showed that the responsibility of the Notary in providing services in the field of civil law, in particular, made an authentic deed as stipulated in UUJN jo UUJN-P to provide a sense of justice for the parties, third parties with an interest in the deed he made and his heirs, were responsible for the authenticity of the deed he made it as perfect proof. In the context of the authenticity of a Notary Deed as an authentic deed, the Notary Deed does not require any other evidence to guarantee the legal certainty of its authenticity, so that the use of photo documents used as evidence in procedural law, both criminal and civil, cannot be applied or used against the Notary Deed even as evidence supporters.