Regulating Digital Notaries in Indonesia: A Normative Analysis of the Notary Office Act in the Startup Era

Abstract

The rapid expansion of Indonesia’s digital economy, driven by the increasing role of startup companies, demands a legal system that is adaptive, efficient, and technology-oriented. However, notarial practices regulated under the Notary Office Act (UUJN) remain grounded in physical presence and conventional procedures. This condition reveals a significant regulatory gap between the need for digital legal services and the existing legal framework. This study aims to analyze the urgency of regulating digital notaries within the framework of the UUJN and to formulate appropriate directions for legal reform. The research employs a normative juridical method using statutory and conceptual approaches, supported by comparative analysis of jurisdictions that have implemented digital notary systems. The findings indicate that the UUJN does not yet accommodate key technological mechanisms such as electronic signatures, digital identity verification, and remote authentication, resulting in inefficiencies, administrative barriers, and legal uncertainty for startup companies. As a main contribution, this study proposes a reform model that includes the explicit recognition of electronic signatures in notarial deeds, the legalization of remote authentication through secure video conferencing, and the establishment of cybersecurity and digital archiving standards. The novelty of this research lies in the conceptualization of regulatory lag within the notarial domain and its integration with the needs of the digital startup ecosystem. The implications of this study are both practical and theoretical, providing a foundation for reforming the UUJN to become more adaptive to technological developments while also contributing to the discourse on legal modernization in the digital era.