ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS

Anggita Mustika Dewi,Gaza Carumna Iskadrenda

doi:10.20961/yustisia.v6i3.17012

Abstract

Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity. Keywords: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.

Highlights

Number 30 of 2004 on Notary Public Official jo
A notarial deed is categorized as an authentic deed as it complies with the provision of Article 1868 of the Civil Code stating “an authentic deed is a deed which, in the form prescribed by the Law, is made by or in the presence of the public officials in the place where the deed is made”
In executing notarial procedures in making a notarial deed, the notary may be sued in civil or criminal liabilities. It is stated in the Law Number 30 of 2004 that if the notary is involved in the criminal justice process, the Regional Supervisory Board has an important role in giving a consent as referred to in Article 66 paragraph (1) of Law Number 30 of 2004 which states: For the purposes of the judicial process, the investigator, the public prosecutor, or the judge with the consent of the Regional Supervisory Board is authorized to: a. take a copy of minuta deed and/or documents attached to meaning minuta deed or notarial protocol in the notary's archieves; and b. invoke notary to be present in the examination relating to the deed of which he has made or the notarial protocol which is in the notary's archieves