A Comparative Review of Notarial Protocol Law Regarding the Storage of Minutes of Deeds Relating to Changes in the Legal Form of Limited Liability Companies from Time to Time
Abstract
This study examines the evolution of legal provisions regarding the storage of notarial protocols in Indonesia from the colonial era to the current digital era. The Indonesian Notary Law (Stbl. 1860 No. 3) placed full responsibility on individual notaries, without clear security standards or timeframes. After independence, significant reforms came through Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Notary Office (UUJN), which introduced a multi-layered oversight mechanism by the Supervisory Board and regulated the submission of protocols upon the resignation or death of a notary, as stipulated in Articles 62–65. Further integration is evident in the provisions of Articles 21–23 of Law Number 40 of 2007 in conjunction with Law Number 6 of 2023 concerning Limited Liability Companies, which require the reporting of deeds of amendments to the Articles of Association through an electronic system. National archival standards, as stipulated in Article 23 of Law Number 43 of 2009 and Minister of Law and Human Rights Regulation Number 9 of 2017, further emphasize the importance of digitization, supported by personal data protection in Law Number 27 of 2022 and the recognition of electronic signatures through Article 11 of the Electronic Information and Transactions (ITE) Law. This study highlights a comparison of authority, storage mechanisms, and security standards from the colonial era to the present, while also identifying barriers such as limited physical space, the risk of data breaches, and technological readiness. The findings indicate that synchronizing the UUJN (National Law on Notaries), the UU PT (Company Law), and the Law on Archives is crucial to ensuring efficient, secure, and technologically advanced notarial archives management.