Volume
3, No. 8 August 2024 (1883-1894)
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
The Concept of Cloud Computing
for Notary Protocol Storage Reviewed from the
Secrets of the Notary Position
Nadine Cristalia Gautama1*, Tjhong Sendrawan2
1,2Universitas Indonesia, Depok, West Java,
Indonesia
Email:
ncristalia@gmail.com1*, tjhong_sendrawan@ui.ac.id2
ABSTRACT:
This research is motivated by the problems and
difficulties in storing the Notary Protocol, where it must provide a sufficient
place and protect it from the risk of loss or damage due to fire, theft, or
force majeure. Cloud computing-based Notary Protocol Storage is the solution to
the problem. This study aims to analyze the implementation of the Notary
Protocol based on cloud computing associated with the Secrets of the Notary
Position regulated in Law Number 2 of 2014 concerning Amendments to the 2004
Law on the Notary Position (UUJN). This
research was conducted using a doctrinal approach, with an explanatory type of
research that used secondary data obtained from literature and document
studies. The data obtained is analyzed qualitatively; the collected data is
systematically calcified according to each category and then analyzed to answer
the main problem. The results of this study show that the cloud computing
system will facilitate and overcome the risk of loss or damage to archives stored
in the Notary Protocol, and the use of cloud computing can be done without
violating the Notary Secret, but it is better than the service provider is the
party organized by the Notary Supervisory Council (MPN), and for the weaknesses
and risks owned by the cloud computing system, the storage of the Notary
Protocol should be carried out in conjunction with manual storage either by
conventional (paper) and/or by backing up on a private server.
Keywords: Notary Protocol
Storage, Cloud Computing, Office Secrets.
INTRODUCTION
The
authority of the notary in making and storing deeds is an obligation mandated
by Article 16 paragraph (1) of the UUJN; in carrying out his position, the
notary is obliged to make a deed in the form of a deed and keep it as part of
the notary protocol. The minuta deed itself is part of the notary protocol that is
mandatory to be kept by the notary because it may be needed for the benefit of
the judicial process, where the minuta deed itself
can be shown according to the procedures determined by the regulations. The notary must really store and maintain the
notary protocol because it is the power to copy the deed
Minuta deeds and other documents that are part of the notary
protocol contain important, confidential information and personal data of
individuals and legal entities
Notaries
need to keep up with global and technological developments to fulfil their
functions and responsibilities. According to
The
problem today is that notary protocol storage is still done conventionally.
This causes many difficulties and problems for notary officials in fulfilling
their obligations because they require a large enough space. Besides that, the
notary must also follow the protocol received from the notary who has stopped
serving. Article 63, paragraph 5 of the UUJN also explains that the submission
of the notary protocol to another notary whose protocol age is 25 years or more is submitted by the recipient of the protocol
to the Regional Supervisory Council (MPD) for safekeeping. However, the fact is that none of these
Protocols has been submitted to the MPD until now, and this is a national
problem, which means that it occurs in the territory of Indonesia due to the absence
of facilities and infrastructure. This
causes material losses both to the notary and also to
the public who need evidence related to the deed kept by the Notary
Basically,
the use of information technology for notaries in Indonesia is not something
unfamiliar; notary offices are already commonly using computers and e-mail ¬to
send and receive data and store data in the form of Portable Document Format
(PDF). However, the records, authentic deeds, deed lists, lists of letters
under the notarized hand, protest lists, will books, and other things that notaries
must keep are very many and complicated. Notaries need a reliable system to
help notaries, one of which is an electronic system with the concept of Cloud
Computing.
The
development of the form of society into an information society (information
society) triggered the development of information technology (Information
Technology Revolution). It is becoming increasingly rapid, so increasingly
sophisticated information devices and information system networks are becoming
increasingly complex and reliable and able to meet the demands of all levels of
society. The countries of Indonesia and
France have started to develop applications based on cloud computing to meet
the needs of the community, especially in this study, which is the need for
notaries. In Indonesia, there is an application called CNOT
This
cloud-based electronic system provides advantages for notaries, such as no
longer needing to provide a room or building to store stacks of notary protocol
archives and no need to invest heavily in applications or IT systems when
managing their own storage servers. In addition, there is a guarantee of data
security from the service provider Cloud (because the data is stored in
encrypted form), and the application will always be updated in accordance with
technological developments and related rules/regulations
Based
on the background and problem formulation mentioned above, the objectives of
this study are to explore how Cloud Computing can provide solutions to the
challenges and difficulties faced by notary officials in storing and
maintaining notary protocols and serving the community's needs. Additionally,
this study aims to analyze how the implementation of cloud-based notary
protocol storage relates to the confidentiality of the notary position as
mandated by the Notary Law (UUJN).
RESEARCH METHODS
Legal research is a scientific
activity based on certain methods, systematics, and thinking that aims to study
one or several specific legal phenomena by way of galacis,
except that an in-depth examination of the legal facts is held to try to solve
the problems that arise in the phenomenon concerned.
This research was carried out with a
doctrinal approach by researching legal rules and doctrines that involved a
review of the Notary Office Law, which regulates the confidentiality of the
notary office and the storage of notary protocols. The object of research is
the problem notary officials face in storing notary protocols with the concept
of cloud computing associated with the Secret of Position
While the type of data used in this
study is secondary data in the form of primary and secondary legal entities,
the primary legal material in this case is Law Number 30 of 2004 and its
amendments, namely Law Number 2 of 2014 concerning the Notary Position, and
secondary legal entities, in this case, consist of books, research or legal
writing in the form of theses or dissertations and legal journals that are
relevant to this research. This method approach can provide knowledge related
to the features and utilization of cloud computing that can be used to store
notary archives
RESULTS AND DISCUSSION
The Problem of Notary Protocol Storage in Indonesia.
The Notary Protocol, which is a collection
of documents in the form of state archives, must be kept and maintained by a
notary in accordance with the provisions of laws and regulations
The storage of notary protocols that
are 25 years old or older should be handed over by the notary who received the
protocol to the MPD. Still, its implementation has not been able to be done due
to the limitations of the Regional Supervisory Council, which does not have a
warehouse or building to store it. This
is a big and national problem caused by inadequate facilities and
infrastructure for the storage of notary protocols, which are state archives
In addition, there are many problems
due to the storage of the Notary Protocol which is still conventional, such as
the first in Zahra's research in 2021 which examined the jurisprudence of the
Surabaya District Court Decision Number 943/Pdt.G/2019/PN
SBY in 2019, showed a problem related to the Notary who could not provide a
copy of the deed of Transfer and Transfer of Rights (Cessie)
dated December 1, 2003 Number 5 made before the Notary HC. S.H. In this case, as the defendant, the Notary
could also not be contacted and met. Due to the negligence of the Notary, the
heirs had difficulty handling the name change at the land office because they
needed a copy of the deed as a document that must be completed
Second, in Indonesia, there has also
been a disaster that caused big problems and the loss of notary archives. In
2004, notaries in Aceh lost the protocol and all supporting documents for doing
deeds that were stored due to the tsunami that hit the area. This incident
harmed many parties and caused notaries, especially the public, difficulty
obtaining the required documentary evidence
Examples of the two cases above show
the importance of storing notary protocols in an electronic system
Notary Protocol Storage with Cloud Computing Concept
Cloud computing is a computing
paradigm that allows the access, storage, and management of computing resources
and data through the Internet network
Cloud computing-based Notary Protocol
Storage can solve the problems described above. Here are some of the advantages
of using Cloud Computing:
1.
Cost
savings in the use of cloud computing, where there is no need to invest in rooms/warehouses
or even buildings that need to be provided, cabinets, and even departing. It
also does not require hardware in the form of a production server or IT
professional to manage the software and supporting network because everything
already exists and is installed online when using cloud computing.
2.
An
easy and fast search, equipped with a search engine in the software used, will
make it easier for Notary Officials to find the deeds the public needs quickly
and accurately. This can be a solution to meeting the demand for document
discovery, especially for making copies of old deeds. This is a problem for
notaries because finding and rediscovering documents is not easy.
3.
Cloud
users can determine the storage capacity as needed, eliminating the need for
computer memory upgrades.
4.
The
backup and recovery of existing data will be stored on the server of the cloud
computing service provider online, so theft, fire, or natural disasters will
not cause the loss or damage of documents stored in the Notary Archive.
5.
It
can be accessed anywhere because it is internet-based, so Notary officials can
meet the community's needs online and remotely.
However, of all the advantages and
advantages outlined earlier, the use of cloud computing is inseparable from its
drawbacks and risks
1)
An
internet connection is an obligation in cloud computing because the internet is
the only door to cloud computing. Adequate and stable bandwidth is needed to
support this.
2)
Cloud
computing service tenants do not have direct access to resources, and also regarding the confidentiality and security of user
data. Data confidentiality and security are still a serious consideration in
cloud computing services.
3)
Server
quality is also a consideration before using cloud computing services. Users
will suffer greatly if the server or program access goes down at any time.
Server problems must be handled well, and there must be a backup (recovery)
system. If not handled properly, users will suffer huge losses.
The main risk associated with the use
of cloud computing is data security. It is recorded that many large companies
providing cloud computing services have experienced data leaks that result in
losses for service providers and users who store data, including personal data.
The following are the things that cause risks in the use of cloud computing
systems
1)
Only
the provider knows physically what is happening with the user's data, so it is
the provider's full responsibility.
2)
When
a disaster occurs, sometimes the provider's ability to recover data is still a
concern for users.
3)
Uncertainty
regarding the provider's compliance with regulations and in the event of
bankruptcy.
The Storage of Notary Protocols Based on
Cloud Computing is reviewed from the Position Secrets regulated in the UUJN.
Notary-based
Protocol Storage Cloud Computing needs to pay attention to one of the main
things: not violating the Notary Secret
The Notary must
firmly hold the secret of this position in carrying out his position. This can be seen in Article 4 paragraph (2)
paragraph 4, Article 16 paragraph (1) letter f, and Article 54 paragraph (1) of
the UUJN. A violation of the Notary Secret can give rise to accountability for
the notary profession, be it administrative liability, compensation for losses
in the civil realm, or criminal liability.
So, there are things that need to be ensured that the use of Cloud
Computing In keeping the notary protocol, it is reviewed from the secrecy of
the position, including:
1.
The location where the server is located
is very important, considering that notary protocols are state archives whose
storage must not violate office secrecy, so notary protocols cannot be stored
on general cloud computing, such as iCloud, where the servers and hardware that
collect data are stored in the United States. The application model of the
cloud computing system used is preferably Private Cloud. The private cloud has
the most guaranteed data security because it is managed by itself and is located in Indonesia. It's just that it requires
workforce infrastructure to maintain and ensure that services run well. As a
service provider, of course, the IT department must be responsible so that the
service can run well in accordance with the service quality standards that have
been determined by the company, including infrastructure, platforms, and
existing applications.
2.
Storage on cloud computing so as not to
violate the Job Secrets must only be accessible to authorized persons.
3.
Cloud computing service providers can
offer security mechanisms to users. These security mechanisms are configured
based on user requests and needs, such as keeping documents confidential and
storing them in the cloud. The security mechanisms that can be implemented in
cloud computing are process authentication and encryption-decryption processes.
4.
Cloud service users for notaries, each
given 1 (one) virtual server so that the data between one notary and the other
is not mixed and there is minimal threat of risk from the outside, which often
takes advantage of loopholes in the cloud system where 1 (one) server stores
several tenants.
5.
Although only the user, namely the Notary
and/or his assistant, can access the data, the data stored on the server is
owned by the service provider. This can potentially violate the confidentiality
of the Notary position because it can be accessed or read by the data manager.
Therefore, the service provider who stores data in the form of a Notary
Protocol must be held by the authorities, such as under the Notary Supervisory
Board.
6.
Notary protocols stored in the cloud, in
addition to being encrypted, are also stored in Portable Document Format (PDF),
where PDF files can be encoded so that certain keywords are required to open or
edit them.
Take the example of
the notary office system based on cloud computing in Indonesia, which is in
collaboration with the Indonesia Notary Association, organized and managed by
PT. Averin Informatics Technology is called CNOT. If
the Notary decides to use this cloud-based electronic system, the Notary can
contact this service provider and register himself as a user to obtain a
username and password
An encryption system
also protects data security in the CNOT cloud system; each notary who
subscribes to this service is given 1 (one) virtual server so that the data
between one notary and the other is not mixed and there is minimal threat of
risk from the outside which often takes advantage of loopholes in the cloud,
where generally 1 (one) server stores several tenants. In addition, all
documents, in addition to encryption, are stored in Portable Document Format
(PDF) format, where PDF files can be encoded so that certain keywords are
required to open or edit them.
Another country that
has used the concept of cloud computing to store notary protocols is France. A
country that has played an important role in the history of notarization in
Indonesia has established the Minutier Central Électronique des Notaries de France (MICEN), where all
authentic deeds made by the French Notary must be sent, registered, and entered
in the MICEN system which is a secure server dedicated to centralizing the
national storage of notary documents provided by the government. Deeds uploaded
in MICEN can only be accessed by the notary who signed the deed, and only an
authorized notary can modify or make a copy of the deed.
MICEN is managed by
the Conseil Supérieur du Notary (CSN), the Higher
Council of Notaries, an organization formed by the Ordinance of November 2,
1945, and the Decree of December 19, 1945. CSN is authorized as a
representative of the French Notary to speak on behalf of the Notary before the
Notary, determine general policy, contribute to the development of the notary
profession, and provide collective services to Notaries. As of October 2021, there are already 20
(twenty) million Electronic Authentic Act (AAE) registered in MICEN, and 90% of
Authentic Deeds have been signed electronically and stored in MICEN, and
starting in 2022, 85% have carried out notary work remotely using a
video-conferencing system.
To ensure the
confidentiality of deeds and other documents stored in a notary protocol, such
as in France, it is recommended that the service provider that manages and
stores the notary protocol in a cloud computing system is organized by an
authorized organization or institution. Because the notary protocol is a state
archive, it is recommended that the service provider be organized by the Notary
Supervisory Council (MPN) as the only body formed by the Minister of Law and
Human Rights, as contained in Article 67 of the UUJN, to supervise the behavior
and implementation of notary positions, one of which is the authentic deed
made. MPN has the authority to examine deeds made by a notary and take samples
from deeds made by a notary to check if there is a violation of the
authenticity of the deed. As previously described, deeds already 25
(twenty-five years old) will be submitted to the MPD for safekeeping. If the
service provider stores the notary protocol organized by MPN, the risk of
violating office secrets can be minimized to the maximum.
While there are all preventive measures in
place for violations of office secrets, both the service user in this case, the
notary, and the service provider need to monitor each other's activities to
ensure compliance with the regulations and contracts entered into between the
parties such as customer and end-user compliance with the AUP and IP license,
as well as the provider's compliance with SLAs, data protection policies and so
on, the contract may include a clause that will discuss the audit rights of
both parties, the scope of the audit, formalities and costs. Contractual rights or legal obligations for
audits and security tests may need to be supplemented in the contract with
binding obligations from the other party to facilitate the exercise of those
rights or the fulfilment of those obligations.
Monitoring such activities can also address the user's ambiguity over
the physical location of their data as it depends on the service provider,
which results in difficulties in overcoming disasters due to dependence on
service providers for data recovery, with disciplined monitoring and regular
audits. Users can recognize the risk of leakage, loss, or other things that
cause the breach of the confidentiality of the Notary Office.
CONCLUSION
The
use of cloud computing systems by notaries for storing protocols by uploading
documents and deeds into the system allows quick access to data anytime and
anywhere via the Internet while reducing costs since there is no need for
physical storage space. Additionally, this system minimizes the risk of lost or
leaked documents due to theft, fire, or natural disasters. However, to ensure
security and confidentiality, certain key aspects must be considered, such as
the server location, access rights, security mechanisms, separation of
documents among notaries, management by the Notary Supervisory Council (MPN),
and the use of encryption and passwords to protect the documents. By adhering
to these provisions, storing notary protocols using cloud computing systems can
be effectively implemented, as has been successfully done in France.
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|
Nadine
Cristalia Gautama, Tjhong
Sendrawan (2024) |
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First publication
right: Asian Journal of
Engineering, Social and Health (AJESH) |
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