The Role of Notaries in Non-Privity Contracts on Digital Economy Platforms

Abstract

The development of the digital economy has created more complex forms of contracts because they involve more than two parties (non-private). In various digital economy platforms (e.g., online motorcycle taxi services, e-commerce, marketplaces), legal relationships arise not only between two parties but also between users, partners, and service providers. This form of electronic contract poses challenges for the notary profession in ensuring validity, legal certainty, and protection of the parties. This study analyzes the role of notaries in ensuring that non-private contracts on digital platforms meet Indonesian legal requirements. The method used is normative juridical research with a statutory and conceptual approach. The results show that notaries can contribute to legal certainty by providing legal advice, ensuring the validity of the contract, and confirming the responsibilities and roles of the parties in multi-party contracts. However, current notary regulations do not specifically regulate the role of notaries in multi-party electronic contracts. Therefore, harmonization of regulations between contract law, the Notary Law, and the Electronic Information and Transactions Law is needed to create more comprehensive legal certainty for multi-party digital contracts.