Online Legal Counseling about Authentic Deeds by Notaries (Practices and Challenges in the Pandemic ERA)

Abstract

A Notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in the Notary position law or based on other laws. One of the other powers granted directly by the law on the position of a Notary is the authority in terms of providing legal counseling in connection with the making of the deed, this is explicitly stated in Article 15 paragraph (2) letter e UUJN-P. The arrangement of legal counseling by a Notary is not regulated in detail. This can be seen from whether the legal counseling must be done in writing to provide certainty or whether the legal counseling is given orally to be more efficient and whether legal counseling carried out by a Notary must be done directly or can be done indirectly (online). The purpose of this study was to analyze online legal counseling conducted by a Notary based on Article 15 paragraph (2) letter e of the UUJN-P, to examine the practice of online legal counseling in connection with the making of an authentic deed by a Notary, as well as to analyze the obstacles faced by a Notary. Notaries related to online legal counseling. This research method is empirical juridical. The results of the research obtained are online legal counseling can be carried out by a Notary based on Article 15 paragraph (2) letter e UUJN. Because Article 15 paragraph (2) letter e UUJN does not limit the form of legal counseling conducted by a Notary, whether directly or indirectly. Some of the media used by Notaries in providing legal counseling online are Facebook, Instagram, websites, blogs, email, WhatsApp, and YouTube. The obstacles experienced by Notaries in providing legal counseling online are that the UUJN/UUJN-P itself still stipulates that facing still has to be done physically, has the potential to violate the area of office, can spread personal date of the parties, potentially violate the principle of secrecy of office.