Abstract

The purpose of this study is to analyze the mechanism of work and responsibilities of a notary if they are incorporated in a notary civil association based on article 20 of the Notary Position Law. The research method used is Normative research conducted by examining library materials and regulations related to the notary civil partnership. The approach taken is the statutory approach and conceptual approach. The theory used is the theory of legal certainty and the theory of legal responsibility. The results of this study indicate that the notary's civil partnership refers to the office of the notary public, but the working system is still based on the independence of each notary. Allies may not interfere with the deed made by their allies because the deed is the responsibility of the notary who made it and he is obliged to keep the contents of the deed from any party outside the agreement. The responsibility of a notary public in the matter of making the deed remains a personal responsibility, the allies will not be responsible for the deed made by their allies. Keywords: Civil Alliance, Notary Civil Alliance, Notary Public Responsibility DOI: 10.7176/JLPG/98-01 Publication date: June 30th 2020

Highlights

  • Notary public based on article 1 number (1) of Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 Notary Position (UUJN) is a general official authorized to make an authentic deed and has other authorities as referred to in this Act or based on other laws

  • The position of a Notary Public General, in the sense that the authority that is in the Notary Public has never been given to other officials, as long as that authority does not become the authority of other officials in making authentic deeds and other authorities, that authority becomes the authority of the Notary

  • Notary civil alliance is subject to Act Number 17 of 2018 concerning the Registration of Limited Partnership, Firm Fellowship and Civil Alliance regarding procedures for establishing a civil alliance and is subject to Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 About the position of Notary

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Summary

Introduction

Notary public based on article 1 number (1) of Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 Notary Position (UUJN) is a general official authorized to make an authentic deed and has other authorities as referred to in this Act or based on other laws. As the implementing regulation of article 20 paragraph (3), the Republic of Indonesia Minister of Law and Human Rights Regulation No M.HH.01.02.12 of 2010 is stipulated on the Requirements to Run a Notary Position in the Form of a Civil Union. Notary civil union in the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number M.HH.01.02.12 of 2010 is defined in Article 1 number 1, namely "Notary Civil Civil Union, hereinafter referred to as the Union is an agreement of cooperation of Notaries in carrying out their respective positions - as a Notary by entering all the requirements to establish and administer and join in one office with the Notary ". With the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH.01.02.12 of 2010 it is expected to provide legal certainty and a foundation for the Notary to enter into cooperation in the form of a civil union.

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