Legal Protection For Notary Research Articles

Responsibilities and Legal Protection for Notaries in Civil Procedure for Deeds That Have Been Issued

Responsibilities and Legal Protection for Notaries in Civil Procedure for Deeds That Have Been Issued

Legal Consequences and Legal Protection of Notarial Deeds Made Based on False Circular Document

Actual or potential, within the limits of reasonable expectation, a Notary may make an authentic deed, but it turns out that the circular document used as the basis for making the authentic deed turns out to be fake. Therefore, this research aims to analyze the consequences and legal protection of Notarial deeds made based on fake circular documents. This research is a normative research that uses statute and conceptual approach. The conclusion of this research is the legal consequences of a Notarial deed made based on a fake circular document, then the party who feels aggrieved by the validity of the deed can apply for the cancellation of the deed to the Court and the Notary is not liability and accountability for the deed he made. Such legal consequences can also be seen as legal protection for Notaries who make deeds but the deeds are based on fake circular documents presented by the parties, so that Notaries are exempted from liability and accountability as long as Notaries have carried out their profession in accordance with applicable protocols and codes ethics

Legal Protection for Notaries in the Backdoor Listing Process Based on Capital Market Law in Indonesia (Study of PT Pantai Indah Kapuk Dua Tbk)

Legal Protection for Notaries in the Backdoor Listing Process Based on Capital Market Law in Indonesia (Study of PT Pantai Indah Kapuk Dua Tbk)

The Validity of Signing an Authentic Deed by a Notary Virtually in the Covid-19 Pandemic

The purpose of this writing is to find out the legal consequences carried out by Notaries who are signing the deeds virtually in the Covid-19 pandemic situation and to find out the urgency of changes that occur regarding authentic deeds that virtually will obtain certainty, benefit and legal protection not only for notaries but also for the community. The results of the research and analysis in this writing are that electronic signatures have actually been regulated in Indonesia in Law Number 19 of 2016 concerning Information and Electronic Transactions. It's just that virtual signing of deeds using electronics has not yet obtained a strong legal basis in Indonesia. Legal certainty also cannot be achieved because there are still conflicting provisions in Law Number 2 of 2014 concerning the Office of a Notary. During the Covid-19 pandemic, many professions were able to carry out their duties by utilizing electronics but notaries were excluded because there were no specific rules that clearly regulated it and there were various legal consequences which resulted in uncertainty, injustice and no legal protection for notaries. Therefore, changes to laws and regulations or legal products are needed in order to achieve legal synchronization and harmonization. The government needs to increase the role of the notary in accordance with the times and regulate the legal force and data authenticity as well as the power of electronic deeds in proof which have been an obstacle so far.

LEGAL PROTECTION OF NOTARIES AGAINST THE USE OF THE RIGHT TO RENOUNCE IN CRIMINAL CASES

The Notary as a public official should keep the contents and information in the deed confidential in accordance with the Notary's oath of office in Article 4 paragraphs (1) and (2) and Article 16 paragraph (1) letter f of the UUJN which is realized in the notary's right of denial. However, in criminal cases, the use of the right of denial still cannot be implemented perfectly due to the lack of understanding between the public and the police regarding the right of denial as a notarial obligation and the regulations governing it, resulting in several problems such as errors in the procedure for taking photocopies of deed minutes and summoning notaries as witnesses, expert witnesses and defendants which not only harm notaries but are also considered not respecting the right of denial inherent in notaries. So, on this basis, the legal protection of the notary's right of denial needs to be carried out proportionally. The formulation of the problems in this research are: (1) How is the Notary's Right of Recusal in Criminal Cases? And (2) How is the Legal Protection of Notary's Right of Recusal in Criminal Cases? The research conducted is normative legal research with a statutory approach, case approach, and conceptual approach. The technique of collecting legal materials is done through literature studies. The data source used is secondary data, which includes primary legal materials and secondary legal materials. Based on the results of the study, notaries can file a right of denial in the court process to carry out the obligation to keep the contents and information of the deed confidential in making the deed. Protection of the notary's right of denial so that Article 66 paragraphs (1) and (3) of the UUJN is fulfilled requires a coaching function by MKN contained in Article 24 paragraph (2) Permenkumham Number 17 of 2021 and the correct procedure for summoning notaries according to Article 28 Permenkumham Number 17 of 2021.Keywords: Legal Protection; Denial Right of Notary; Notary; Criminal.

Perlindungan Hukum Terhadap Kriminalisasi Jabatan Notaris Ditinjau Dari Undang-Undang Jabatan Notaris

In essence, the function of the Notary's position is to provide services to the public in making authentic deeds and the Notary is not an interested part in the deed being made, but only as consolidates or records in writing a legal action from the interested parties. However, nowadays, due to increasingly complex legal issues, the position of Notary Public is often criminalized, namely appointing or making an act that was not originally a criminal act into an act that can be punished, the act in question includes the authority of the Notary position which the Notary tries to implement in accordance with statutory regulations. which applies in Indonesia. The formulation of the problem in this research is how legal protection against the criminalization of Notary authority is reviewed based on the Law on Notary Positions. The aim of this research is to analyze and describe how the legal protection of Notary's authority occurs if there is a form of criminalization of the authority of public officials reviewed based on the Law on the Position of Notaries. This type of research uses normative juridical research. The result of this discussion is that there is still a need for some form of legal protection against the criminalization of Notary's authority because in the Notary's Position Law there are no strong regulations protecting the authority of Notaries in carrying out their position if there is a conflict of regulations or interests

Legal Protection of a Notary Against the Crime of Falsification of Information in an Authentic Deed According to Law Number 30 of 2004 concerning the Position of a Notary

Notary is a public official appointed by the government to carry out the task of making authentic deeds or other legal actions in accordance with applicable statutory provisions. The functions of a notary vary depending on the legal system in each country. In some cases where documents notarized by a notary contain false or fraudulent information, the notary may be subject to legal sanctions. Law Number 2 of 2014 concerning the Office of a Notary indeed regulates the duties of a notary in certifying detailed documents provided by clients, as stated in Article 16 paragraph (1) letter (f). Notary Honorary Council (MKN) is an institution established under UUJN and has a role in carrying out ethical oversight of notaries. However, MKN is not an institution that provides direct legal protection in criminal cases. MKN's duties are more focused on the ethical and disciplined aspects of the notary profession. This research uses a normative legal approach and departs from a void of norms, the aim of the research can be to identify and analyze the legal protection available to notaries in contexts where there are no specific provisions regarding the matter. The results of the study show that there is legal protection for notaries, namely stated in article 66 paragraph (1) UUJN by establishing a new legal protection institution for Notaries, namely MKN, law enforcers when summoning them must ask permission from the Notary Honorary Council.

Legal Protection for Notaries in Making Authentic Deeds in Indonesia

A notary is a public official who has the authority to create an authentic deed and has other authority. This statement is stated in Article 1 of Law No. 2 of 2014 concerning Amendment to Law No. 30 of 2004 concerning Notary positions (hereinafter referred to as Law No. 2 of 2014). But there many cases about notary create authentic deed without any regards to ethics and fact. This problem actually a gap from this research. Gap from Law in the book and law in the practices. This type of study uses normative legal research. This study used two approaches, namely Conceptual Approach and Statute Approach. The specifications of this study are descriptive of analysis and qualitatively analyzed methods. Notary is required to be responsible for the deed she made, Notary runs her profession often subject to articles 263, 264, and 266 Jo Article 55 of the Criminal Code. The Notary Office Act does not specifically regulate the protection of the notary's law in the process of examining false information. The process of examining the Honorary Assembly does not provide legal protection, because the Law does not clearly regulate the protection law for Notary in criminal cases.

Notary's Obligation to Provide Legal Services Free of Charge

The problem in this study is related to the parameter of the phrase unable to fulfill the Notary's obligations regulated in the Notary Office Law and the form of legal protection. So that the goal of this writing is to get legal protection for Notaries against the ambiguity of legal norms. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results of this study indicate that preventive legal protection can be provided through laws and regulations that explain the criteria/standards for underprivileged people, namely: livelihood, salary or wages, those who are only able to meet basic needs that are decent but unable to pay contributions for themselves and his family. The repressive legal protection that can be given to a Notary, in this case, is if the Notary is not sure about the financial condition of the apparel so that he cannot provide legal services in the notary field for free, then another form of providing legal services is in the form of a reduction in honorarium or notary fees. in making a deed, the amount of the notary's honorarium has been determined by the provisions of the law.How to cite item: Indrajaya, Rosy, “Notary's Obligation to Provide Legal Services Free of Charge.” Jurnal Cakrawala Hukum14 no. 1 (2023): 106-114. DOI: 10.26905/idjch.v14i1.8516.

LEGAL PROTECTION FOR A NOTARY SUSPECTED OF VIOLATING THE CODE OF ETHICS

This study aims to analyze the existence of legal protection against notaries who are suspected of violating the code of ethics and to prove whether legal protection against notaries who are suspected of violating the code of ethics is effective.The results of this study show that there are already regulations regarding legal protection for notaries who are suspected of violating the code of ethics regulated in the Notary Office Law and the notary code of ethics in the form of self-defense and administrative legal remedies.legal protection for notaries suspected of violating the code of ethics cannot be said to be effective because administrative appeals cannot be made. the sanctions given by the Regional Supervisory Board are only in the form of a written warning to Banyumas and Purbalingga Notaries. The sanction is relatively light so that the notary does not need to exercise his other rights in the form of an administrative appeal.

Tindak Pidana Dugaan Pemalsuan Akta Otentik Dan Keadaan Perlindungan Hukum Notaris

This study aims to examine the criminal act of alleged forgery of authentic deeds and the state of notary legal protection. An authentic deed is a formal truth that concerns any matter and is notified by the parties to the Notary which is then contained in a deed. However, in practice, a good number od unlawful acts have occurred because the public has provided information that is not in accordance with the authentic deeds and providing fake documents. Hence the Notary can be harmed in this case. This study has a formulation of the problem, namely how is the condition of the notary's legal protection against the alleged crime of forgery of deed? The research method used is Juridical Empirical with statutory approach. The results of the study conclude that there is a state of legal protection for alleged criminal acts if the violation committed is still in the position of a notary, not a personal violation. Legal protection for notaries is carried out by the Notary Honorary Council under the Law on Notary Positions. Criminal acts committed by a notary also violate the provisions of the Criminal Code and can be tried by investigators through procedures approved by the Notary Ethics Council.

RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG PEMBATALAN PASAL 66 AYAT (1) UUJN-2004

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis.
 The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

The Legal Protection on Notary in Dispute of Land Sales & Purchase Disputes

This study aims to determine and analyze legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl. The research method uses a normative juridical approach and the specifications used are descriptive analytical, data collection uses a literature study. This study also uses qualitative data analysis techniques. The results of the study indicate that legal protection for Notaries in land sales and purchase disputes in Bengkulu based on Decision Number: 29/Pdt.G/2018/PN.Bgl shows that legal protection for Notaries in land sales and purchase disputes can be realized based on Article 15 paragraph (1) and Article 16 paragraph (1) letter a UUJN-P. These two norms provide legal protection to notaries from the aspect of authority regarding the issuance of authentic deeds and how their positions must be carried out. On the other hand, due to the sale and purchase not proceeding as stated in Article 1457 of the Civil Code, the obligation for the Notary to return it to the Plaintiff must have a strong legal basis. A very adequate legal basis is through a court decision ordering the Notary to return it to the Plaintiff. Meanwhile, from the aspect of public services, the issuance of the Sale and Purchase Deed Number 75 for the purposes of the plaintiff and the defendant and not submitting the plaintiff's certificate carried out by the Notary is an act protected by law based on Public Service Law.

Legal Protection Duties on Notary Positions if Malpractice Happen in the Making of Authentic Deals

This legal research aims to identify and analyze the juridical consequences and responsibilities of a Notary if a Notary commits malpractice while carrying out his duties as a Notary, as well as to find out and analyze the extent of legal protection for the duties of a Notary's office who are suspected of having committed malpractice in making authentic deeds. This study uses a sociological juridical approach using descriptive analytical research specifications. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study is in the form of literature and the data analysis method used is qualitative data analysis. Based on the results of research and discussion, that if a Notary commits a malpractice against his authentic deed, then the authentic deed is relegated to a private deed. Then, legal protection for Notaries who commit acts of malpractice must involve professional organizations or INI as a forum that can educate and solve problems that exist among its members.

Legal Protection for Notaries in Related Criminal Justice Proceedings in the Making of Deeds

The purpose of writing was to find out about legal protection for Notaries in the implementation of criminal justice processes related to deeds that have been made by Notaries. The research method used was normative juridical, which is conducting an assessment based on the provisions of the applicable laws and regulations. The result of the study was that legal protection for Notaries was primarily provided in Article 66 of the UUJN with the establishment of the Notary Honorary Council (MKN), the aim of which was to provide maximum legal contribution to Notaries in carrying out their duties, and to receive protection as a member of the Indonesian Notary Association (INI). The obstacle in its implementation was that the implementing regulations for the UUJN have not yet been formed, causing there to be articles that provide multiple interpretations in their implementation. In addition, INI's role was still lacking in conducting outreach to the community

Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

Pertanggungjawaban Hukum bagi Notaris dalam Membuat Akta Otentik Perspektif Pasal 65 Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris

This study aimed to analyze the aspects of legal accountability as well as formulate legal aspects of legal protection for notaries in making an authentic deed on the perspective of Article 65 of Law Number 2 of 2014 concerning the Notarial Department (UUJN). This type of research was normative juridical research (normative legal research) that used a statue approach and conceptual approach. This study was analyzed by grammatical and systematic interpretation methods. The results showed that the notary was fully responsible in the making of the official deed (willingly), while in the making of the deed the notary party was not fully responsible when it had carried out its duties and obligations to properly include (compile) the information of the parties into the deed. Protection for notaries in making authentic deeds, namely preventive legal protection in the form of UUJN, as well as repressive protection in the form of the provisions of Article 66 UUJN as a form of settlement efforts if the notary is in question before the law.

Juridical Analysis Related To Confidentiality Of Notary Liability

Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or for criminal reasons. Therefore, it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.

Juridical Review of Electronic Signature Implementation of Duties of Notary Offices in Contracting in Agreements in The COVID-19

The rapid development of information technology has influenced the legal profession, one of which is the notary profession. The influence on the notary profession can be seen with the concept of cybernotary. In addition, in electronic transactions, personal data from users of electronic signatures is very susceptible to misuse, so it requires legal protection for subscribers. This study aims to determine the legal status of using electronic signatures in the implementation of the position of notary in electronic transactions and legal protection for notaries and signature users. Based on the research, this has resulted in a notary deed that is affixed with an electronic signature not having the power of proof like a contact but an underhand deed. Until this research was conducted, there were no laws and regulations that provided an opportunity for the use of electronic signatures in contacts. In practice, notaries in Indonesia until the time this research was conducted have not exercised their authority in electronic transactions due to the absence of laws and regulations that regulate this matter more clearly so that it can result in notaries having no legal basis.

Legal Protection against Notary Related to Parties Conducting Transactions of Crime Products in the Crime of Money Laundering

The notary profession is a legal profession so that notary is a noble profession (nobile officium), because notaries are sworn in and have an obligation to keep secret the deed they have made in accordance with Law Number 30 of 2004 concerning Notary Position in Article 4 & Article 16 letter (F ), but Notaries must also submit suspicious financial transactions based on Article 17 Paragraph (2) of Law Number 8 Year 2010 concerning the Prevention and Eradication of Money Laundering. The problems discussed in this thesis are 1). What is the position of the deed made by the notary if it is proven that it used the proceeds from the crime of money laundering? 2) What is the position of the deed made by the Notary if it is proven that it used the proceeds from the crime of money laundry? 3). How is the legal protection for Notaries who report the existence of kilen transactions that are suspected of being proceeds from the crime of money laundering? The method used in this research is normative law research using normative case studies in the form of legal behavior products.The results obtained are 1) Notaries are required to carry out their obligations as Reporting Parties mandated by the Law on the Prevention and Eradication of the Crime of Money laundering. 2).The deed made by a notary will not result in the cancellation of the deed, because to cancel a deed must be based on a court decision 3).In this case, notaries can carry out their duties by examining carefully the files and profiles of service users so that they can find out early if there is a suspicion of money laundering.