RIGHT AND OBLIGATIONS OF NOTARIES AS PROTOCOL HOLDERS IN PROVIDING COPIES OF DEEDS TO INTERESTED PARTIES

Cening Mariani,Ni Putu Ayu Sriasih Wesna,I Nyoman Putu Budiartha

doi:10.52326/jss.utm.2022.5(1).14

Abstract

Notary protocol is part of the notary office administration which has a very important function and role so that notaries can carry out their positions properly. Notary protocol is a collection of documents constituting state archives which must be kept and maintained by a notary in accordance with statutory regulations. This research raises the formulation of the problem as follows: 1) What are the rights and obligations of the notary holder of the Protocol in providing a copy of the deed to interested parties? 2) What is the legal consequence, for the Notary holding the protocol in issuing a copy of the deed, whose minimum document is not fully signed by the parties, and/or witnesses, and/or the Notary Public? This research uses normative legal research, because there is a vacuum of norms regarding the Rights and Obligations of Notary Protocol Holders in Providing Copies of Deeds to Interested Parties. Research using this normative juridical method using the statutory approach, the Conceptual Approach and the Case Approach. Legal materials used are primary, secondary, and tertiary legal materials. An analysis of legal materials is also carried out using several analysis techniques, namely: identifying facts, collecting legal materials, analyzing legal issues, arguing, and providing prescriptions. The results of this study indicate that the Rights and Obligations of the Notary Public Protocol Holder in Providing Copies of Deed to Interested Parties, the Notary is entitled to receive honoraria for legal services rendered to interested parties, both the parties and one of the parties. The amount of honorarium for the notary holder of the protocol is not specified in the applicable regulations, this usually refers to the type of deed he makes.

Highlights

As we have seen, the provisions in Article 1868 of the Civil Code (KUHPerd) are the basis for public officials, namely Notaries who are authorized to make authentic deeds
This research raises the formulation of the problem as follows: 1) What are the rights and obligations of the notary holder of the Protocol in providing a copy of the deed to interested parties? 2) What is the legal consequence, for the Notary holding the protocol in issuing a copy of the deed, whose minimum document is not fully signed by the parties, and/or witnesses, and/or the Notary Public? This research uses normative legal research, because there is a vacuum of norms regarding the Rights and Obligations of Notary Protocol Holders in Providing Copies of Deeds to Interested Parties
The results of this study indicate that the Rights and Obligations of the Notary Public Protocol Holder in Providing Copies of Deed to Interested Parties, the Notary is entitled to receive honoraria for legal services rendered to interested parties, both the parties and one of the parties

Summary

Introduction

The provisions in Article 1868 of the Civil Code (KUHPerd) are the basis for public officials, namely Notaries who are authorized to make authentic deeds. The existence of legal certainty, order and protection can be seen in the traffic of laws of life in society which requires evidence that clearly determines the rights and obligations of a person as a legal subject in society. Legal certainty is needed, including in the public service sector which is currently growing along with the increasing need for the community itself for the existence of a service, this has an impact on the increase in the field of notary services In the service sector, Notaries are given part of the authority by the State to serve the public in the civil sector, especially the making of authentic deeds, and are given the obligation by the State to become holders of Notary protocols who have entered retirement, Notaries who have passed away, Notaries who have been dismissed with respect or not with respect. Sriasih Wesna concerning Terms and Procedures for the Transfer and Dismissal of Notary Public, Article 28 paragraph (1)

Methods

Results

Conclusion