Implementasi Hukum Hak Ingkar Notaris Terhadap Kerahasiaan Isi Akta Notaris

Abstract

The present study identifies the legal implementation of the notary's right to deny the confidentiality of the contents of the notarial deed based on Notary Position Law (Undang-Undang Jabatan Notaris, UUJN) and the Notary's Code of Ethics. The problems formulated are: first, does the notary have the right of refusal? Second, how is the right of Notary Denial in the perspective of UUJN and the Notary’s Code of Ethics? Third, how is the implementation of the Notary's right of refusal to the contents of the Notary's deed? This is a normative research which is additionally supported by data from informants and employs the statutory and conceptual approaches. Legal materials were analyzed descriptively qualitatively. The results of this study concluded that first, the Notary has the right of refusal (i.e. not to speak or provide information before investigators, the Notary Supervisory Board, the Notary Honorary Council and before the Panel of Judges) as long as the right of refusal is related to the Notary's work. Second, from the UUJN perspective of the notary's right to disavow, it is mandatory to apply in order of maintaining the confidentiality of the contents of the deed made based on Articles 4 and 16 of the UUJN and from the Perspective of the Notary’s Code of Ethics, Notaries must uphold the UUJN and maintain the dignity of their position of trust by which not to reveal the confidentiality of the contents of the deed they made. Third, the implementation of the Notary's right of refusal in keeping the contents of the deed confidential cannot be carried out properly because there are still many Notaries who do not carry out their obligations not to provide information about the deed they made because they are afraid to face the summons process when asked for information by investigators or Judges.