The Notary As Trusted Third Party Related To Authenticity Of Electronic Transactions System: An Indonesian Notary Law Approach

Notary as a trustee of a public trust can also become a trusted third party in ensuring the authenticity of electronic transactions. However, there are still outstanding legal issues namely the reasons for notary to become trusted third party in securing authenticity against electronic transactions and the wordings of notary’s other authority electronic transactions certification equated with cyber notary contained in the elucidation of Article 15 paragraph (3) of Amendment of Notary Law (Indonesian Law No. 2 of 2014). This research is a normative legal research, by using statute, historical and conceptual approaches with employs snowball method as its collecting legal data technique and interview as additional data. Furthermore, grammatical and authentic interpretations are used. The study shows that the equality between the wording of electronic transaction certification and cyber notary in the elucidation of Amendment Indonesia Notary Law tends to obscure the notary’s meaning as a trusted third party. Therefore, it is necessary to reformulate towards the certification and authenticity of the electronic transaction on such provision so that a notary as a public official can implement its function as a trusted third party in strengthening the electronic transaction to avoid multi-interpretation on the elucidation of such article.