Problematics of the Regulation and Implementation of Electronic Deeds in Indonesia's Notarial Legal System

Abstract

The rapid development of digital technology has driven the increasing use of electronic documents in various legal activities in Indonesia. However, the notarial sector has not been able to fully keep pace with this development, as the formation of notarial deeds remains bound to formal procedures that require the physical presence of the parties. This study aims to analyze the regulation of electronic deeds within the Indonesian notarial legal system and to identify the problems in their implementation in practice. This research employs a normative juridical method with statutory and conceptual approaches. The results indicate that electronic deeds do not yet have an adequate normative basis, as there are no provisions explicitly accommodating their formation within the Notary Position Law. This condition reflects the lack of harmonization between the regulation of electronic documents and the formalistic nature of notarial law, which is rooted in Article 1868 of the Indonesian Civil Code. As a consequence, deeds that do not fulfill formal requirements risk being downgraded from authentic deeds to private documents, thereby weakening their evidentiary value. In addition, their implementation faces a primary obstacle in the form of uneven digital infrastructure, which leads to various technical issues, including identity verification, the assurance of the parties’ free will, the management of electronic minuta deeds, and the readiness of human resources.