TINJAUAN YURIDIS PENGGUNAAN SMART CONTRACT PADA LAYANAN CYBER NOTARY DENGAN KEAMANAN BLOCKCHAIN

Abstract

This research examines the application of smart contracts in Notary cyber services in Indonesia which use blockchain security and then carries out an in-depth analysis of the regulations that accommodate their relationship with the UUJN and ITE Law. The existence of the smart contract concept is motivated by the need for fast, cheap, objective, real-time and online exchange of goods and services, so that it is widely used in electronic transactions. Basically, electronic contracts are the same as contracts in general, the only difference is that electronic contracts are made through electronic system while conventional contracts are made directly in oral or written form, Likewise with smart contracts which exist through an electronic program in the field of contracts which is based on the principle of freedom of contract as regulated in the third book of the Civil Code, and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions or the ITE Law. , apart from that, its implementation is regulated in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions or PP PSTE and Government Regulation Number 80 of 2019 concerning Trading via electronic systems, hereinafter referred to as PP PMSE. It is undeniable that Smart Contract technology with blockchain security can be used in the notary profession, where the authority of the notary itself is stated in Article 15 of the Law on the Position of Notary that notaries have the authority to make authentic deeds, but there are problems with implementing smart contracts in making authentic deeds with blockchain security, namely there is certainty law regarding the validity and strength of evidence of the authentic deed. So regulations are needed that regulate the application of smart contracts in making authentic deeds with blockchain security in cyber notary services and adequate technology and regulations are needed to support this smart contract service.