Notary Position Research Articles

Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh

Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively.

ELECTRONIC LEGAL CERTAINTY OF THE ROYA DEED OF ENCUMBRANCE

The authority of a Notary is a distinct jurisdiction, grounded in Law Number 2 of 2014 Amendment to Law Number 30 of 2004 concerning the Position of Notary. The mortgage right, serving as collateral, is registered by the bank through a Notary/PPAT with the local National Land Agency. This process results in the issuance of a Deed of Mortgage Encumbrance (APHT) for the land used as collateral. Subsequent to the termination or deletion of the mortgage right, the note or mortgage right is electronically written off. The research problem is formulated as follows: What is the mechanism for electronic mortgage registration, and what is the legal certainty of electronic mortgage deeds? The electronic mortgage registration can be conducted either directly by the community or with the assistance of a Notary in their respective locations, facilitating the process for the community. The introduction of Electronic Mortgage Rights brings positive benefits to the community, banks/creditors, and PPAT, streamlining the mechanism for binding and registering mortgage rights, making it more efficient, faster, and cost-effective. Moreover, Regulation of the Minister of ATR/Head of BPN Number 5 2020 ensures legal certainty and protection for the public, particularly creditors. When executing a Roya Deed of Mortgage, the debtor must appear before a notary, ensuring legal certainty as authentic evidence of their actions, in accordance with Article 15 paragraph (1) of the Notary Position Law.

NOTARY AUTHORITY AS A CLASS II AUCTION OFFICIAL IN THE PERSPECTIVE OF THE NOTARY OFFICE ACT

This study aims to determine the authority of a Notary as a Class II Auction Officer in the perspective of the Notary Position Act and to determine the legal consequences for a Notary who makes a minute of an auction who is not a Class II Auction Officer. This study employs normative legal research, utilizing the Legislation approach and Legal Concept Analysis (both analytical and conceptual approaches) as well as the Legislative Approach (statute-based approach). The results of this study are the harmonization of authority arrangements for Making Auction Minutes in terms of the Notary Position Act and auction regulations can be carried out using the lex specialist derogate legi generalist principle which is used in the Auction Rules as the basis for the authority to make Auction Minutes, which is contained in the Auction Officer, not the Notary. Although a Notary may be appointed as a Class II Auction Officer according to Article 7 of the Auction Instruction jo. PMK Class II Auction Officer, but the authority is given in the capacity of a Notary as a Class II Auction Officer who has been appointed by the Minister of Finance. Because a notary who has not been appointed as a Class II Auction Officer is not allowed to make a Minutes of Auction. The legal consequences for a Notary who makes auction minutes who is not a Class II Auction Officer will result in the degradation of the status of the auction minutes from an authentic deed to an auction minute which is only a private deed. The degradation of the status of the auction minutes from an authentic deed to a private deed will of course have other legal consequences, namely if the auction minutes are degraded into a private deed, then the auction minutes will no longer have perfect evidentiary power like an authentic deed.

Role And Responsibilities of a Notary as an Auction Official in Dealing with Opportunities and Challenges of Auction Implementation in Indonesia Based on Theory of Authority

This article discusses the Roles and Responsibilities of a Notary as a Class II Auction Officer. This is based on the fact that a notary can act in parallel with his duties as a Class II Auction Officer who is appointed by the Minister of Finance in accordance with the Minister of Finance Regulation Number 189/PMK.06/2017 concerning Class II Official Auctions. . However, it is prohibited to act as maker and/or auctioneer of Class II real estate outside the notary's residence. The power of a notary to make a list of auctions is difficult to do directly by a notary because he has to go through the stages of appointing a minister who is responsible for government affairs in the financial sector. This makes the notary's position vulnerable to litigation due to overlapping regulations. The research method in the article is an empirical legal research type. Normative legal research is legal research relating to the enactment or implementation of normative provisions, followed by research on legal events contained in these normative provisions. Documentation and compliance with auction law regulations and auction commissioners. This includes the principles of publicity and fairness, and the obligation to act honestly, thoroughly, independently, and impartially

Implementation of the Law on Notary Positions Concerning the Obligations of Notaries in Providing Free Legal Services in Tangerang City

This research wants to know the implementation of article 37 of the notary position law number 2 of 2014 concerning the provision of free legal services. Inhibiting factors and supporting factors. Types of sociological empirical research and field research. Examining normative legal provisions in society. Conclusion The implementation of providing free legal services to underprivileged communities in the city of Tangerang has gone well. Because in general clients come to the Notary with the need to transfer rights and obligations that have economic value, and the client's desire is only to reduce costs from those set by UUJN. The supporting factors are in UU-JN and the Notary Code of Ethics. In article 37 of UU-JN, it is mandatory and binding for Notaries to provide notarial legal services, namely providing them free of charge to underprivileged people. The inhibiting factor is the notary's need to earn a living and meet the operational needs of the office. In reality, there are no legal consequences for Notaries if they cannot provide free legal services. Requirements for determining the implementation of free services to underprivileged communities by Notaries in their work areas are not regulated in UUJN or the Notary Code of Ethics

Legal Reconstruction of Notary Role in the Making of a will without Heir Appointment Based on Justice Value

The aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.

Legal Review of Cooperation Links Between Notary and Banks with the Provisions of Article 16 Paragraph (1) Letter (A) of Law Number 2 of 2014 Concerning Amendment to Law Number 30 of 2004 Concerning the Position of Notary

The role of the Notary is very important in helping to create legal certainty and protection for the community, because the Notary as a public official has the authority to make authentic deeds, as long as the making of the authentic deed is not specific to other public officials. Legal certainty and protection can be seen through the authentic deed he made as perfect evidence in court. Perfect evidence because an authentic deed has three evidentiary powers, namely outward evidentiary strength (uitwendige bewijsracht), formal evidentiary power (formele bewijskracht) and material evidentiary power (materiele bewijskracht). (G. H. S. Lumban Tobing, 1999: 55-59) However, over time, competition among Notaries has encouraged several Notaries to practice the philosophy of picking up the ball, such as actively visiting Prospective appearers, offering services, negotiating honorariums and engaging in business-like agreements, including cooperation agreements between Banks and Notaries required in making deeds in the field of credit. Referring to the provisions of the Law on Notary Position and the Notary Code of Ethics, it does not explicitly prohibit a Notary from entering into an agreement with any party, but in practice the implementation of a cooperation agreement between a Bank and a Notary is not in line with the Law on Notary Office and the Notary Code of Ethics. As a result, the Notary becomes independent and sided with the Bank. Whereas in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN) Article 16 paragraph (1) letter (a) it is stated that "In carrying out his position, the Notary is obliged to: act honestly, thoroughly, independent, impartial and protect the interests of parties involved in legal actions. In line with these rules, in the provisions of the Amendment to the Notary Code of Ethics at the Extraordinary Congress of the Banten Indonesian Notary Association, May 29-30 2015, namely in Article 3 paragraph (4) which states "Notaries and other persons who assume and carry out the position of Notary are obliged to: act honestly, independent, impartial, full of responsibility, based on laws and regulations and the contents of the Notary's oath of office. (Perubahan Kode Etik Notaris Kongres Luar Biasa Ikatan Notaris Indonesia. Banten, 29-30 Mei 2015)

Juridical Review of the Role of Notaries in the Implementation of Anti Money Laundering Programs

The Notary profession is always guided by the prevailing laws and regulations including Law Number 30 of 2004 as amended by Law Number 2 of 2014 concerning Notary Positions. This study aims to illustrate the role of Notaries in the implementation of anti-money laundering programs as stipulated in Government Regulation Number 43 of 2015 concerning Reporting Parties in the Prevention and Delivery of Anti-Money Laundering Crimes submitted to the Center for Financial Transaction Reporting and Analysis (PPATK). Based on this description, this study uses the Normative Juridical research method

CYBER NOTARY DALAM PELAKSANAAN JABATAN NOTARIS BERKAITAN DENGAN PKR PERSEROAN TERABATAS DI INDONESIA

A notary as a public official has a position in one district or city with an office area the size of one province according to the position of the office, where the notary can carry out his position in that office area for every job throughout Indonesia. This applies as long as it is carried out within the area of his office by appearing in front of him when carrying out legal actions. The pandemic period caused by Covid-19 has changed many aspects of life, including people's mobility and this has changed new habits where sometimes people are reluctant to meet face to face directly and instead switch to meeting virtually in meetings or making legal decisions within the company so that things This creates a new culture in decision making that needs to be adjusted by Notaries as public officials. Notary regulations relating to making virtual deeds are a necessity, this concept has been put forward in the Cyber Notary concept, which was previously hampered by non-compliance with regulations. In this research, the author carried out a juridical analysis which was explained descriptively analytically using primary data obtained from the experience of several business actors during the pandemic, where the cyber notary concept can provide convenience for visitors and better protection, because it has consistency in authenticating documents and information that meets the Principle of Accuracy in the position of notary.
 Keyword :Cyber Notary, , Kebiasaan Baru, Autentifikasi

Implications of Nominee Agreement between Foreign Nationals and Indonesian Citizens

Control over land in Indonesia is positively regulated for Indonesian citizens and for foreign citizens, but only specifically in the form of usufructuary rights and lease rights, but there are still many foreigners who want to have ownership rights to land which is certainly contrary to positive law in Indonesia secretly, namely by using a nominee agreement or name borrowing agreement. So, this study aims to analyze how the validity of nominee agreements in Indonesia compares with other countries (Singapore, Thailand, the Philippines, Malaysia, England) and how to resolve cases of nominee agreements involving notaries with parties involved in Indonesia. The research method used in this research is a normative legal research method. The results of this discussion analysis are first, nominee agreements are completely unknown in the Indonesian legal system, especially in Indonesian contract law, so that it can be said to contain empty meanings/empty norms, because nominee agreements can be categorized as law smuggling. Second, the legal consequences for a Notary involved in making a nominee agreement to smuggle the law, the Notary is required to be held accountable for his actions before the law, namely by being legally annulled and punished to pay for losses made without revocation of the position of Notary. So that the government needs to make a regulation that regulates nominee agreements, especially related to land rights and the Indonesian government follows the steps of the Thai and Philippine governments which specifically prohibit all forms of nominee borrowing practices by adding provisions in the Basic Agrarian Law. There is also a need for more commensurate sanctions for Notaries involved in law smuggling.

Notary's Responsibility for the Denial of Signature of A Letter Under the Hand that Legalized Before A Notary

The notary is responsible for what he has made in accordance with the duties and powers that a notary must carry out. The authority of a Notary is stated in Article 15 paragraph (1) of Law No. 2 of 2014, and besides that, the authority to do authentic deeds, Article 15 paragraph (2) of Law Number 2 of 2014 concerning the Position of Notary which states that a Notary has the authority to "Authorize the signature and determine the certainty of the date of the letter under the hand by registering in a special book". With the formulation of the problem, how is the responsibility for the signature of the private agreement that has been legalized by a notary, and what is the legal force against the party who denies the signature of the private agreement that has been legalized before a notary. This research uses normative juridical methods and library research. The data used in this article uses primary, secondary, and tertiary legal materials. The results of this study show that the strength of proof of an underhand agreement that is legalized before a notary can be stronger as a means of legal protection for the parties. Article 16, paragraph 1 letter a Law No. 2 of 2014 reads, "In carrying out his position a notary must act in a trustful, honest, thorough, independent, impartial and safeguard the interests of parties related to legal actions". Therefore, Notary must prioritize the principle of prudence and understand your rights and obligations.Keywords: Notary, Letter Under Hand, Denial.

Responsibility of Notaries and Legal Protection for Defective Legal Document

The practice of legal defects in the Denpasar District Court Decision Number 172/Pdt.G/2015/PN.Dps, began when the Defendants invited the Plaintiff to sign the Deed of Lease and receive payment for the Lease Agreement. When signing the Deed of Lease, the representative of Defendant I in signing the Deed of Lease did not have the authority, but the Plaintiff was still asked to sign the Deed of Lease and the Plaintiff was not given the completeness of the documents that should have been. The research method used is normative juridical by analyzing Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Office of Notary. The research results in this study are that if the deed made by the Notary concerned is not in accordance with the provisions for making notarial deeds in the Notary Position Law, then the Notary concerned can be held liable to pay compensation and the legal protection is not implemented correctly. Because in the decision the court did not punish the Notary concerned to make the deed of lease to pay compensation to the plaintiff as it should.Keywords: Responsibility of the Notary, Legal Protection, Legal Defects.

Legal Consequences of Authentic Deed Made by Notary after Declared Bankruptcy

AbstractThis research aims to analyze legal consequences of an authentic deed by Notary after being declared bankruptcy. The research method used is juridical normative. The data source is secondary data. The data analysis method used qualitative nomative. The result of this research are normatively in the Law of Notary Position that Notary declared bankrupt based on court decision that has obtained permanent legal force will dishonorable dismissal. A Notary is decraled bankrupt has legal consequences against the deed the made to lose authenticity. So, the authentic deed only has strenght evidence the private deed.Keywords: Notary; Legal consequences; Authentic; bankruptcy.

Peran Notaris Dalam Memberikan Penyuluhan Hukum Kepada Masyarakat Dan Tanggung Jawab Notaris Setelah Pensiun

The aim of this research is to find out and examine the public's understanding of notarial deeds and their functions; the role of Notaries in providing legal understanding to the public in understanding the law and their responsibilities in making notarial deeds in Pohuwato Regency. The research method used is normative law using a statutory approach and a conceptual approach. The existence of an authentic deed as written evidence plays an important role in every legal relationship in people's lives, in various economic activities, activities in banking, land, social activities, etc. The need for written evidence in the form of authentic deeds is increasing in line with the growing demand for legal certainty in various economic and social relations, both at the national, regional and global levels. With an authentic deed, rights and obligations can be clearly determined, guaranteeing legal certainty and at the same time it is hoped that disputes can be avoided. As a public official, a notary is required to be responsible in carrying out his authority so that he can provide legal education to the public in accordance with the notary position law. The results of this research are (1) The role of Notaries in providing legal understanding to the public in understanding the law in relation to making notarial deeds is carried out by providing legal counseling to their clients, which can be divided into 2 (two) criteria, namely legal counseling followed by making the deed and legal counseling without being followed by making a deed. Legal counseling followed by making a deed is an inseparable unit; and (2) the notary's responsibility for authentic deeds made after the notary's position has ended or retired. This can be carried out by the authorized parties as long as the authentic deed has not been canceled by law within a period of 30 years from the date it was made by the Notary.

Akibat Hukum Terhadap Notaris Yang Rangkap Jabatan Sebagai Advokat Di Kota Bandar Lampung

Notaries in making authentic deeds are guaranteed by law, so notaries mean that they have a very noble position, have high dignity because the position of notary is given by the government on behalf of the state to meet the needs of society in the field of civil law. Efforts to maintain the good name of the notary's position, in carrying out their duties, the notary has certain restrictions that must be obeyed, the notary may also not perform other work that is contrary to religious norms, decency or propriety that may affect the honor and dignity of a notary based on statutory provisions and professional code of ethics. The legal issues discussed in this paper are the legal consequences of a notary having concurrent positions, as well as the position of the deed issued by the notary.The method used in this study uses legal research, which is an alternative approach that examines doctrinal studies of law with regard to the legal issues studied, namely the legal consequences of the notary's position and the deeds he made and are associated with the theory of legal certainty as the basis for the regulations that have been made and promulgated, runs clearly, logically, and does not cause multiple interpretations.The results of the discussion explain that the legal consequences of a notary who holds concurrent positions as an advocate, the notary's profession does not solely apply as stipulated in the legislation and professional code of ethics, and the legal consequences of a deed issued by a notary if the notary holds concurrent positions is equivalent to an underhanded or void agreement by law.The conclusion drawn from this research is that notaries are not allowed to hold concurrent positions in order to protect the notary professional organization so that conflicts of interest do not occur, while the legal consequences of a deed made when a notary is subject to sanctions due to concurrent positions loses the form of an authentic deed.

Position of Notary in the Industrial Revolution Era 4.0

The Industrial Revolution 4.0 era encourages utilization in various sectors and professions, including the position of a Notary. Notaries have other powers, one of which is about cyber notaries. This creates a normative contradiction that arose in Article 15 (3) and Article 16 paragraph 1 letter m of Law no. 02/2014 which stipulates that a notary must read the deed before an audience in the presence of two witnesses. The normative juridical approach is the approach that the author uses in this study. The purpose of this research is to find out the legal consequences of a notary deed that is not read out because the parties are not present and the validity of a notary deed that uses the concept of cyber notary as an authentic deed.

KONSEP MENGHADAP NOTARIS DALAM PEMBUATAN AKTA BERDASARKAN PERKEMBANGAN CYBER NOTARY

This research discusses the concept of facing a notary in making a deed based on the development of Cyber Notary. The problem is the development of the concept of facing a notary in the era of cyber notary advancement at this time and policy formulation on the concept of facing a notary in making a deed virtually in the future. The method used is normative legal research with Reform Oriented Research type. The results of the analysis, First, the concept of facing a notary is listed in Article 16 paragraph (1) letter m while Cyber Notary is listed in Article 15 paragraph (3) of the Notary Position Law. The renewal of the concept of facing in the Cyber Notary Era is a consideration of utilizing electronic media by teleconference (virtual). However, when interpreting "in the presence of" article 1868 of the Civil Code is still interpreted conventionally until now. Therefore, the concept of facing has not developed virtually and cannot be done when the explanation of Article 16 paragraph (1) letter m states that "facing" is interpreted as being physically present so that if this formal is not fulfilled, the deed will be relegated to an underhand deed. Second, Policy Formulation of the concept of facing virtually in the future can be applied by considering what can be done in the authority and obligations of notaries. With technology everyone can face virtually. In the notary profession this can be applied by reforming the Laws and Regulations on Notary Position. Not only conventional facing but virtually using applications and sticking to the principle of prudence, so that the meaning of Virtual Facing can be applied in the concept of Cyber Notary in Indonesia.

Implementation of Notary Services and Education In Providing Legal Services for Poor People Based on the Notary Office Act

The research aims to analyze the criteria for people who can't afford to get legal services from a notary. To carry out the obligation to provide legal services to poor people. Normative qualitative research methods will describe the phenomena occurring in the field. Data collection techniques by conducting interviews. Observations at the location to be examined, with focused and thorough research and discussion focus, on the occurred findings. As for the study of documentation in the archives regarding regulations and obligations as a notary. The results of the research are (1). They are providing educational services for underprivileged people to get free legal services from a notary to people experiencing Poverty, as evidenced by a Certificate of Inadequacy from the Kelurahan, based on the client's acknowledgment that he is truly incapacitated, seen from the legal actions brought by the client to the Notary, personal assessment of the Notary based on the client's attitude and behavior when facing. (2). Notaries apply the obligation to provide education and legal services to poor people by providing free legal service assistance for their notary services, based on Article 37 paragraph (1) of Law Number 2 of 2014. Concerning the Position of Notary, but still charges a fee that must be incurred by the client, such as the cost of Non-Tax State Revenue.

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.

Ratio Decadency Decision NO. 235/G/2019/PTUN.KT Against Notary Legal Remedies Affected with Notary Position Violations

Serious violations in the position of a notary are actions taken which are actions related to the obligations of a notary, the notary's code of ethics and the authority of a notary. The implication of committing a serious violation is dishonorably dismissed by those who have the authority, namely the Ministry of Law and Human Rights based on the recommendation of the MPWN. In the case with the PTUN Jakarta Decision in case No. 235/2019 , the notary holding the protocol in his case has signed a deed outside his area of office, the report of the incident issued the Indonesian Minister of Law and Human Rights regarding dishonorably dismissing someone in his position as a Notary, for having committed an act that violates ethics as a Notary . Type the research used in this research is normative by using secondary data as legal material. The ratio decidendi of the PTUN Jakarta decision in case No. 235/2019 did not consider the attribution authority given directly by law to the Ministry of Law and Human Rights in issuing KTUN which had implications for the dishonorable dismissal of a person in said KTUN from his Notary position , besides that the ratio decadence of the a quo case also did not take into account that there were no AAUP violations or ratio-Legis violations committed by the Tun Official in issuing a KTUN regarding the dishonorable discharge of a notary official in the a quo case