Analisis Yuridis Tanggung Jawab Notaris Setelah Pensiun Terhadap Akta Yang Telah Dibuatnya (Studi di Majelis Pengawas Daerah Kota Medan dan Majelis Kehormatan Notaris)

Abstract

A reti red Notary is required to be liable to the deed he has mada as it is specified in Article 65 of UUJN which says that… “Notary, substitute Notary, Special Subtitute Notary, and temporary Notary are liable for every deed they have made although the notarial protocol has been handed in or transferred to the person who keeps the notarial protocol. “This condition will give ambiguous meaning because in its clause it is not clearly stated for how long a Notary should be liable for what he has done, but there is no legal protection for him. UUJN does nor specifically regulate legal protection for notarial deed for retirees so that there is the absence of law. The research problems are 1) how abaut a retired Notary’s liability for the deeds he has made, 2) how abaut UUJN which regulates legal protection for a retired Notary concerning the deeds he has made, 3) how about the role of Regional Supervisory Council and Notarial Honorary Council in protecting the deeds of a retired Notary.
 The research used juridical empirical method with descriptive qualitative approach. The data were gathered by conducting documentary study and interviews with the source persons dealing with this research. The gathered data were analyzed by gathering primary data through documentary study on literature materials and through internet website.
 The result of the research shows that the liability of a retired Notary for the deeds he has made is untul he dies. UUJN does not regulate legal protection for notarial deeds made by a retired Notary concerning the time limit of the liability for the deeds he has made when he is still an active Notary. When he is summoned by the police for investigation when later the deeds he has made become a problem. The function of the Regional Supervisory Council toward a retired Notary is only about the transfer of Notarial protocol to the receiver of Notarial protocol while the function of the Notarial Honorary Council toward a retired Notary concerning the deeds he has made is that there is no legal protection for the deeds made by a Notary.