Electronic Deed Implementation Begins: How is Legal Certainty Guaranteed?
Digital transformation is now touching nearly all sectors of public services, including the notarial profession. The implementation of electronic transactions and electronic deeds has become an unavoidable necessity amidst technological developments and demands for efficiency. This modernisation is believed to be capable of accelerating administrative processes, improving transparency, and facilitating access to legal services for the public and business actors.
However, the acceleration of digitalisation in the notarial field is not without challenges. The use of electronic systems in deed preparation and reporting of legal documents must be accompanied by a strong regulatory foundation. Without strengthening regulations, particularly regarding cybersecurity and the evidentiary strength of electronic deeds in court, digital transformation risks creating legal uncertainty and future disputes.
These views emerged during the 14th anniversary celebration of the Alumni Family Association of the Notariat at the University of Indonesia, held at the Auditorium of the Faculty of Law at the University of Indonesia in Depok on Friday, 27 February 2026.
The occasion emphasised that modernising notarial services through electronic transactions and electronic deeds is inevitable, but acceleration of digitalisation must be accompanied by the strengthening and harmonisation of the Notary Position Law to accommodate cybersecurity standards and their evidentiary strength in court, thereby preventing legal uncertainty and potential future disputes.
The emphasis on cybersecurity is crucial given that notarial deeds are authentic documents with perfect evidentiary force. When deeds are created and stored electronically, the risks of data breaches, document manipulation, and cyberattacks must be anticipated through nationally standardised protection systems.
Additionally, regulatory harmonisation is needed to prevent overlapping of rules between the Notary Position Law and technical policies at the ministerial level. One area of concern is the implementation of Minister of Law Regulation No.49/2025 concerning the obligation to submit annual reports of limited liability companies electronically through the State Administration System (SABH) under the Directorate General of General Legal Affairs of the Ministry of Law of the Republic of Indonesia.
The provisions in Articles 16, paragraphs 2, 3, 4, and 5 of the regulation stipulate that approval of annual reports by the General Meeting of Shareholders must be contained in a notarial deed and submitted to the Minister through the notary electronically. Problems arise when the General Meeting of Shareholders rejects the annual report submitted by the board of directors. In such circumstances, reporting cannot be carried out, whilst delays or failures in reporting can result in administrative sanctions including blocking of the SABH account.