The Use of the Notary Protocol That Is Stored Digitally as Evidence in the Court

Abstract

The importance of the authentic act posisition made by the notary makes the deposit of the minuta akta as part of the Notary Protocol is as important. Due to the absence of standard procedures in the storage of the Notary Protocol, the Notary Protocol is prone to damage, loss even vanish. Therefore, to anticipate this, the solution for the storage of the Notary Protocol is through the use of information technology or electronically. But in reality there are no specific rules for the procedure of keeping notary protocol, so the electronic document evidence is valid evidence in addition to conventional evidence in procedural law, but there are also those who argue that electronic documents as companion evidence must be supported with other evidence to increase the judge's conviction. This research aims to analyze notary protocols that are stored digitally which can be used as evidence according to the law and regulation in Indonesia. This type of research is normative legal research. The research approach used is statute approach. The source of the legal material used is secondary data which is analyzed qualitatively and conclusions are drawn deductively. The result shows that, notary protocol storage can be done digitally and can be used as evidence in court, however, digitalization of the notary protocol  functions only  as a back up of data, not as an archive that has binding legal force. It means that the notary protocol have to be kept in physical form to maintain its authenticity.