Potensi Tanda Tangan Digital (Digital Signature) Jika Dimuat dalam Akta Notaris Demi Mewujudkan Kepastian Hukum

Abstract

The development of digital technology has encouraged the use of digital signatures as an alternative to conventional signatures. The application of digital signatures as instruments of authentication and verification for electronic documents has become a significant issue in realizing efficiency, speed, and legal certainty. Although several countries adopting both Common Law and Civil Law systems have implemented the concepts of cyber notary and electronic notary, Indonesia continues to face normative barriers in its implementation. The primary obstacle lies in the regulatory disharmony between the Notary Law (UUJN), which still requires physical presence and conventional signatures, and the Electronic Information and Transactions Law (UU ITE), which recognizes electronic signatures as valid evidence. This study aims to analyze the potential application of digital signatures in notarial deeds to realize legal certainty in Indonesia. The research method employed is normative juridical with a descriptive-analytical approach, utilizing secondary data consisting of primary. secondary, and tertiary legal materials. The findings indicate that digital signatures hold legal validity under the Electronic Information and Transactions Law (UU ITE) and its implementing regulations, provided they meet the requirements of authentication, integrity, and non-repudiation. However, their implementation in notarial deeds still encounters regulatory challenges, particularly because the Notary Law (UUJN) does not explicitly regulate the use of digital signatures, Harmonization between the UUJN, the UU ITE, and other related regulations is required, along with strengthening digital infrastructure and legal literacy among notaries and the public. Thus, digital signatures have the potential to enhance efficiency, security, and legal certainty in notarial deeds, in line with the advancement of the digital era.