Interpretasi Hukum Pasal 15 Ayat (2) Huruf g Undang-Undang Jabatan Notaris

Abstract

The existence of the authority of a Notary in making the minutes of the auction deed in Article 15 paragraph (2) letter g of Notary Position Law (UUJN) has its own legal consequences. This is due to the discovery of vague norms in Article 15 paragraph (2) letter g UUJN, and conflicts between legal norms (antinomy norms) between Article 15 paragraph (2) letter g UUJN and Consitutional Court Regulation (PMK) No. 189/PMK.06/2017 on Class II Auction Officers. In addition, there is debate about the nature of the minutes of the auction deed that must be in accordance with Article 38 UUJN or Article 37 Vendu Reglement. The researcher formulates two problems, first, what is the legal interpretation regarding the authority of a Notary in making a deed of minutes of auction deed in UUJN? Second, what is the nature of the minutes of auction deed made by a Notary as Class II Auction Officer? The research method used is normative juridical with literature study. The results of the study concluded that PMK No. 189/PMK.06/2017 can be waived due to the principle of Lex Superior Derogat Legi Inferiori and a Notary who wishes to hold concurrent positions as Class II Auction Officer can be directly appointed by the Ministry of Finance without having to go through stages such as selection and work practice (apprenticeship). In addition, the deed of minutes of auction as an authentic deed (Ambtelijke Acte) drawn up by a Notary must comply with the provisions of Article 37 Vendu Reglement based on the principle of Lex Specialis Derogat Legi Generalis.