Kedudukan Notaris Sebagai Turut Serta Dalam Tindak Pidana Korupsi

Abstract

The modus operandi of corruption can be carried out in various ways so that the crimes committed can run smoothly, one of which involves a position that has certain authority, namely the Position of Notary. The final product of a notary is an authentic deed regarding legal actions, agreements, stipulations and legal events. A notary deed can be in the form of a partij deed or a relaas deed, in this case the notary is not a party to the deed, the function of the notary is only to formulate the will of the parties into the deed in accordance with the applicable provisions. Based on these problems, this research method is normative or doctrinal, the object of which is statutory regulations with a case and doctrine approach, then the primary legal materials are statutory regulations and secondary legal materials are books and journals. The results of this research are: it is inappropriate to label thethe notary's position as participant in the criminal act of corruption along with the deed that they made since the notary is not a party to the said deed and the making of the notary deed is only based on formal truth and the cause of the notary being in the vortex of corruption cases is the discrimination of notaries and the lack of knowledge of notary law by the law enforcement officials. The author's suggestion is that the authority of a Notary should be expanded like a judge in digging up material truth in the trial of a case.