Skripsi
AUTENTIFIKASI MINUTA AKTA NOTARIS YANG TIDAK DILEKATKAN SIDIK JARI
The affixation of fingerprints constitutes one of the statutory authorities of a Notary; however, its implementation has not yet been governed by specific regulations that ensure uniformity in the mechanism of fingerprint affixation. The legal issues examined in this study are how the evidentiary legal force of an authentic deed contained in a notarial minute deed in the absence of fingerprint affixation; how the legal obstacles related to the implementation of fingerprint affixation in notarial minute deeds; and how the future legal framework governing the affixation of fingerprints in notarial minute deeds. This research aims to analyze the evidentiary legal force of authentic deeds in notarial minute deeds without fingerprint affixation, to identify the legal obstacles arising from the implementation of such affixation, and to examine the prospective application of law governing fingerprint affixation in notarial practice. This study employs a normative legal research method, utilizing statutory, doctrinal, and literature-based approaches, including legislation, scholarly works, books, and relevant academic journals. The research relies on primary, secondary, and tertiary legal materials. The findings indicate that although the Notary Law (UUJN) does not explicitly regulate the technical implementation of fingerprint affixation, such affixation constitutes a mandatory obligation that must be complied with by Notaries in order to produce a legally perfect authentic deed. The legal obstacles that arise should be addressed through legal reformulation, particularly by establishing implementing regulations to standardize the fingerprint affixation process in notarial minute deeds, thereby ensuring legal certainty and legal protection for Notaries. Furthermore, the application of the cyber notary concept, which integrates electronic systems with technological advancements in notarial practice, is expected to facilitate the implementation of fingerprint affixation mechanisms and to prevent potential legal disputes in the future. This study concludes that an authentic deed lacking fingerprint affixation may be downgraded to a private deed due to the non-fulfillment of the formal requirements for deed execution. The absence of detailed implementing regulations results in multiple interpretations and inconsistent practices among Notaries. Therefore, the government is urged to promptly undertake legal reform by enacting regulations that incorporate the cyber notary framework as the basis for implementation, in order to ensure legal certainty and optimal legal utility.