Document Digitization by Notary as Part of Cyber Notary Provision

The digital era is something that cannot be avoided in Indonesia and even throughout the world. Various Activities change from analog to digital. Digitization activities are carried out by a notary, one of the professionals, who digitize documents for needs, and orders of laws and regulations. This article analyzes the obstacles and challenges for notaries in digitizing documents. This study uses the socio legal method with an emphasis on analysis of laws and regulations by looking at their implications in society. Analysis of legal regulations related to document digitization for notaries. Several laws and regulations require notaries to digitize, especially document digitization. The process of digitizing documents carried out by a Notary is still in the stage of digitizing printed documents and placing them in a file for uploading needs on the web or certain systems. This process has its obstacles and challenges for Notaries and employees who work at Notaries.


A. Introduction
The digital era is marked by the presence of technology in people's lives. Everyone will use digital in carrying out daily activities in society. Digital technology has become an inevitable need for humans. No. human does not use technology in today's digital era.
Today's humans will always carry out their activities with the help of technology, for example using computers, cell phones, video games, digital cameras, etc. With the help of very fast information technology, humans are very close to everything related to digital.
The most obvious sign of the entry of the digitization process is the increasing use of digital-based technology for use by humans in every aspect of life. The use of digital technology is carried out very easily and quickly to facilitate the activities carried out in human life. Digitization is a process carried out by humans from conventional activities to activities covered by technology. The transition from print media to digital media, for example, or the changing of games played in the field into games that are done digitally. This proves that the digital era has caused a lot of physical work to become virtual.
Digital is a complex, flexible method that makes it a staple in human life 1 . Human activities are facilitated by the several facilities offered, starting from communication and information, transactions, education, and en- 314  tertainment for even the most personal needs that can be served with technology 2 . The digital era is an era of various conveniences for humans. Every activity that humans do will be very easy to do even humans can do activities that should only be done once but with the help of digital technology, humans can do two jobs at once. Digital is here to provide convenience for humans. The digital era affects every area of human life and there is every profession that exists. A notary profession is a profession carried out by officials authorized to make authentic deeds. Notary positions are part of public officials (openbaar ambtenaar). Notaries are required to guarantee law certainty, maintain law order, and provide law protection, in exercising their authority and obligations based on truth and justice 3 . Notaries are authorized for make authentic Deeds regarding all actions, agreements, and stipulations required by laws and regulations and/or desired by interested parties for be stated in authentic Deeds, guarantee certainty from the date from making the Deed, save the Deed, provide gross, copies, and quotations from the Deed, all from this as long as the making from the Deed is not assigned or excluded to other officials or other people regulated by law. Besides, a notary is also authorized to: (a). ratify the signature and determine the certainty from the date from the letter under the hand by registering it in a special book; (b). book a letter under the hand by registering in a special book; (c). make a copy from the original handwritten letter in the form from a copy containing the description as written and described in the letter concerned; (d). validate the compatibility from the photocopy with the original letter; (e). serve legal counseling in connection with the making of the Deed; (f). make a deed related for land; or (g). make a deed from auction minutes.
The authority of a notary does not es- cape the digital era. Some Notary activities will be related to technology. Currently, several activities carried out by a notary have changed from physical deeds to digital deeds (file). Currently, several rules that have been applied electronically such as online fiduciary registration, online mortgage rights, etc., require a notary to upload a deed online. The current digital era requires notaries to carry out their duties and authority in making deeds based on information technology 4 . Notary activities in the digital era in carrying out document activities digitally need to be investigated further. This paper will examine the urgency of document digitization carried out by Notaries and its implications for the performance of Notaries in the current era of technological transformation. In addition, this article will also discuss the obstacles and challenges for notaries in digitizing documents.
Three studies that can be used as previous research that the author expresses are the writings of Lana Imtiyaz 5 entitled Reactualization from the Law on Notary Positions Related to the Digitization from Minutes from Deed by Notaries. A notarial deed made by a notary can be used as written evidence in court (civil or criminal). The notary in this case then saves the deed as a minute of a deed which is part from the notary protocol. The principle from prudence is very much needed by the Notary in keeping the minutes from the deed until the Notary is declared retired. However, the fact is that the minutes of the deed are often scattered due to many things, such as moving offices, irresponsibility of the Notary's office employees, fires, and natural disasters (force majeure). In fact, the UUJN does not state the settlement from damaged or lost minutes of the deed. The research results and conclusions from this paper are as follows: first, the position from the notary deed as evidence in criminal cases (only limited for the power from proof) and civil (power from proof of birth, formal, and material). Second, the need to the actualization from UUJN is related to the digitization from the minutes from the deed by a notary because economically, notary protocol storage aims to make it more efficient, easier, and so on. Meanwhile, in terms from the law aspect, it can help and facilitate the law process, especially the law from evidence relating to electronic evidence.
The second article is from Desy Rositawati 6 entitled Electronic Storage of Notary Protocols in Cyber Notary Relation. Notary protocol is a state archive that must be stored and maintained by a notary. Electronic notary protocol storage is possible as a solution to security problems, maintenance costs, and the required land area. Meanwhile, Article 16 paragraph (1) letter b Amendment to the Notary Law (UUJN Amendment) and its explanation only stipulates the obligation from a Notary in carrying out his position to make a deed in the form from minutes from deed and keep it as part from the notary protocol in its original form for maintain the authenticity from the deed. This creates a normative vacuum regarding the regulation from electronic notary protocol storage. The results show that the notary protocol stored electronically is important for consider the notary's duty as a public official who has the task from serving the community in the field from civil cases, so the state must make strict rules regarding the electronic storage from notary protocols about Cyber Notaries. The mechanism is to use the transfer from media into digital form or scanning. The strength from the evidence from the notary protocol that is stored electronically in the field from civil law is only as a backup, not a copy that has binding force because it does not meet the requirements to the authenticity from the deed as regulated in Article 1 paragraph 7 Amendments to the UUJN/Notary Law and Article 1868 from the Civil Code and in the field from procedural law. criminal law, which can be an indication of evidence when dealing with the contents from other evidence. in particular, Article 63 stipulates that a Notary Protocol from another Notary who at the time from submission is 25 years old or older is submitted by the Notary who receives the Notary Protocol for the Regional Supervisory Council. However, in the practice of submitting, storing, and managing the notary protocol as intended, it faces juridical problems when no notary carries out the mandate of the law. Based on the results from the study, it can be explained that the forms from ineffectiveness occur, among others: First, from the aspect of legal substance, especially the laws and regulations governing the scope from the notary's office, they still have not provided technical instructions for managing and submitting notary protocols that are 25 years old or more to the Supervisory Board. Second, the law/structure apparatus of the issuance of the UUJN in 2004 so that supervisory activities are still not running effectively considering that the organizational structure of the Regional Supervisory Council's position has not been supported by the existence of a secretariat that supports the performance from supervision of a notary. Third, the culture from the cultural aspect or the prevalence that there is a tendency that appears is the non-compliance of both the Notary and the Supervisory Board which lacks coordination in the process of submission and storage. Fourth, in terms of facilities, this is of course a dominant inhibiting factor considering that the Supervisory Council does not yet have a permanent office. Fifth, the sanction in practice the tendency used by the Supervisory Board is only a verbal warning so that it does not cause a deterrent effect (shock therapy) to notaries who do not carry out the provisi- ons from the legislation. This paper is the result of research using a socio-legal approach. The socio-legal approach method in this study was used to analyze the rule of law and the behavior of a notary in digitizing documents. The research took place in Batang Regency, Bekasi Regency, Pati Regency, and Pekalongan Regency. Location is done by random sample or random sample. Sampling this random technique the researcher estimates that each sample in the population is the same in terms of the aspects to be studied. Every notary anywhere has the same rules, namely the rules of the Law on the position from a notary.

B. The urgency from document digitization carried out by a Notary
Technology has made production, marketing, distribution, and business processes as a whole more effective and efficient. The connectivity that is built also enables many business people for connect with new access to capital and markets 8 . Digitization simply means conversion from analog to digital, in the sense that it is a process of giving or using a digital system.
The digital system is a development from the analog system. Digitization tends for be automated operating systems with computer-readable formats 9 . Digital technology and the way we use it have changed the way we work. Businesses in all industries have to face innovation even in the various professions that exist. Digital transformation done right brings a whole new set of activities. That's why digital transformation is so important -for both business owners and clients. Digital transformation is a major life change that greatly affects digital technology opportunities.
Digitization activities are closely related to the process of storing and transferring information electronically through computer media, without knowing the limitations of time and place 10 . Digitization activities influence business activities, processes, competencies, and models to create advantages for clients, acquire new capabilities in responding to rapidly changing market needs, manage risk, or increase efficiency. Digital activities are not just about adopting new technologies. These activities impact work activities, including devices, but also structure, workflow, client service, management, way of thinking, and all other aspects. Digitization is the process from transferring media from printed form for electronic form 11 . Digital transformation is the process from using digital technology for create or modify business processes, and culture, for meet business and market needs that are constantly changing due to advances in existing and applicable technology. Digitization is part of digital transformation.
Digital transformation is a broader term than digitization. While digitization can be applied for small, well-defined processes/systems, digital transformation is much broader, often at the company or divisional level, and often leads for the creation from entirely new markets, and/or new customers and business realities. Digital transformation is simply an update of information technology to digital optimization and the discovery of new digital business models.
Digital transformation is a deep transformation from business and organizational activities, processes, competencies, and models, to the maximum transformation from the changes and opportunities from the technology mix and its accelerated impact on society, in a strategic and prioritized manner 12 . The condition from this digital transformation has started since the beginning of January 1st, 2000, which we know as the start of the The realistic benefit from digitization for Notaries is to assist the process in implementing the upload process for the Ministry from Law and Human Rights system or other related systems. In addition, Notaries can store digital data properly so that at any time it is needed the data is still stored and not lost.
It can be understood that "digital transformation of notarial activities" is a fundamental change in the way from organizing, fostering, implementing, and managing processes and activities for providing notarial services based on digital technology for create greater value and efficiency 15 . Notaries can compile documents digitally and archive them in the file data warehouse. And more importantly, Notaries and Notary Employees have to learn new processes, new ways of working, and change work life due to digital transformation.
Based on the results from an interview with Notary Ria Desviastanti, that document digitization is important because it is a terminology to describe media transfer from audio and video printed form to digital form. Its function is none other than to gain efficiency and optimization in many ways, especially the storage of documents/files. This is done to protect if in the future there is damage and the notary has printed the document in the form of a copy and attached it in the minutes of the deed. So far, notary services for the public are still conventional, but along with the development from information technology, which inevitably forces every life for transmigrate of conventional systems for electronic systems, notary services are also shifting towards electronic-based services, or what is known as a cyber notary 16 . The concept from a cyber notary is closely related for regulations in the field from information administration and electronic transactions. The government sees the role from a notary in the administration of information and electronic transactions in Indonesia 17 . The concept from cyber notary requires notaries for carry out their duties or authorities based on information technology, especially in making deeds 18 .
Cyber notary is a concept where in general a notary who performs his function as a notary, conducts transactions electronically and other relations related to electronics such as electronic deeds 19 . The concept of cyber notary relates to teleconferencing, electronic signatures, and document storage. However, it is still not possible to make a deed electronically because it is related to the historical background, the problem of proof, and the consideration will conflict with other regu- other authorities regulated in the laws and regulations. What is meant by "other powers regulated in laws and regulations", are, among others, the authority for certify transactions conducted electronically (cyber notary), for make waqf pledge deeds, and aircraft mortgages. The authority of a notary as a cyber notary is an authority that can be exercised by a notary with the current state of technological advances, it is possible for the parties (clients) of the notary not to meet in person (face to face) but can meet online. The deed made by a notary is signed by the parties (clients) electronically. However, the Notary still affixes the original signature and stamp, not electronic.

C. Implications of digitizing documents on the performance of notaries in the era of technological transformation
Digital technology (or for that matter, any technology) cannot be considered "bad". Digital technology is how technology is applied and serves its intended purpose Technology is good, so it is not surprising that changes occur and digitalization has changed several things in people's lives 23 . Technology has helped humans a lot in carrying out their daily activities more effectively and efficiently. However, if you are not wise in using existing technology, it can also have a bad impact on society.
The presence of computer technology that is produced for public consumption, and the emergence of an internet network that connects the world without knowing national boundaries, intends to facilitate the fulfillment of all human activities and needs in the world. Innovation in the field of information technology is believed to bring benefits and convenience in various great interests for people and countries in the world 24 .
The digital age we live in is changing people's perceptions from life and work at a rate that rivals the impact from the industrial revolution. The social stage from the digitization process is characterized by a level from connectivity that has never been seen before, both on a professional and personal level 25 . In today's digital era, notaries need to be competitive and effective in providing services to clients. Notaries must be able to produce printed or digital documents, electronic data, audio and video files, etc. In addition, notary employees must also have the same ability in terms of document digitization.
In the end, digitalization has become a strong impetus for notaries to make changes in providing services to clients and in their business activities. 320  Digitization of Notary services can be seen from certain activities carried out by the ministry that has been carried out online. The large number of deeds that must be made by a Notary followed by the development of legal services that continue to vary every day, requires the Notary to always update his knowledge. A notary is one from the professions in the field from law services which has also begun to use digital technology in providing services. Notaries who are not able to keep up with technological developments will be eliminated from the business competition. Notary clients need the services of a notary who can help clients in terms of notarial legal services.
Notary Nasrizal in Pekalongan Regency stated that he would continue to improve service quality and keep abreast of technological developments and applicable laws and regulations. Almost the same thing was expressed by Notary Wawan Darma Septiawan in Batang Regency who used digitalization on the deed he made. Digitization is a necessity and must be understood by every notary.
Notaries must be able to prepare for it because information technology affects behavior including facilitating a variety of human needs and work. Likewise, the role of the Notary must be able to understand information technology for the management of the resulting legal products 26 . Besides, notaries must have a strategy for business competition in today's digital era. Notaries who can digitize can generate competitive advantages using digital solutions.
Notaries who can apply digitization of their documents will provide opportunities for them to be able to serve clients quickly, efficiently, and effectively. This digitization activity will have implications for the performance of notaries who must continue to improve their capabilities and abilities following existing changes.

D. Barriers and challenges for notaries in digitizing documents
The challenges of human resources will be enormous in the future. Advances in technology make everyone continue to improve their capabilities in life. Existing challenges will turn into obstacles if they cannot overcome and have strategies for dealing with existing challenges.
Every change process has risks and doubts associated with it. Digital transformation forces notaries to be "literate" in digitization. Doubts will always haunt the notaries regarding this change. Is it safe, how important, and how complicated are all basic questions for notaries.
One of the main advantages of digital transformation is the ability to enable data storagewhich can be accessed anytime anywhere by notaries and their employees. However, some notaries are against this change (digital transformation) due to security concerns and the complexity of the process. Data security is a challenge for notaries and their employees to store data properly and safely. Many deeds and files are confidential and must be kept confidential. So the level of security for the certificates and files must be strong and high and protected from hackers or hackers.
Digital transformation is a complex process that plays a role in all key elements in people's lives. There are almost always obstacles and challenges along the way that need to be identified and overcome.
Obstacles for notaries in digitizing documents are as follows: 1. Lack of relevant knowledge and digital skills in notaries and their employees. Having employees who don't understand digitization is an obstacle for notaries. As we know, notaries work with the assistance of their employees who carry out the deed-making process and other activities daily. Documents are made not only in analog form but also in digital form, some of which will have to be uploaded on the website from the Directorate General from AHU from the Ministry from Law and Human Rights. 2. It costs quite a lot of money to improve the ability of notaries and their employ- documents are as follows: (1) Strategies for digitalization change; (2) HR in mastering technology; (3) Digital data security. Notaries and notary employees need to be open to technological advances and performance improvements in serving clients following existing legal rules. In addition, there needs to be good management and security of digital documents owned by a notary. Keep the document safe and confidential.