Hak Imunitas Notaris Dalam Menjalankan Tugas Yang Tidak Dibebankan Mencari Kebenaran Materiil

Abstract

This study aims to discuss the right of immunity of the notaries in carrying out their duties and responsibilities who are not charged with seeking material truth. The problems to be answered are: what is the basis for the judge's consideration (ratio decidendi) in the decision against a notary who is qualified to commit a crime and how is the right of immunity against a notary in carrying out their office without having to seek material truth. This study uses a normative legal research method using case study and statutory approaches. Data collection techniques in this study are in the form of literature and document studies. The results of the study conclude that firstly, the Judge's Consideration of a notary who is qualified to commit a crime in Decision Number; 336/Pid.B/2017/PN.Smn. refers to the fulfillment of the elements of article 266 paragraph (1) of the Criminal Code in conjunction with article 55 paragraph (1) of the Criminal Code so that the notary is qualified to commit a crime. In the Judge's Decision, it is more inclined to the Criminal Code (KUHP) without paying attention to the Notary Position Act (UUJN). Second, the task of a notary in making a deed is to establish what the parties want without further investigating the veracity of the data provided. The provision that the notary does not have to seek material truth from the appearers has not guaranteed the notary from legal snares. So the need for immunity rights against notaries