Notary Profession Research Articles

The Role of the Notary Regional Supervisory Board in Preventing Legal Violations Committed by Notaries in Padang City

The authority of the notary is very susceptible of legal violations. The role of the supervisory board is very important to maintain the notary profession in carrying out the authority. Law enforcement is urgently needed when a violation arises, in which a troubled notary must be sanctioned. Conducting research in the form of scientific work that studies the following research problems will be interesting: (1) what factors are the cause of legal violations committed by notaries in Padang City? (2) what is the role of the Regional Supervisory Board in preventing legal violations committed by notaries in Padang City? and (3) what actions are taken by the Regional Supervisory Board against the notaries who commit legal violations in Padang City. This study applies juridical empirical approach using secondary and primary data types. The Regional Supervisory Board of Padang City mentioned that the factors causing legal violations committed by the notaries in Padang City are that (1) the notary likes to accept a work that is not in accordance with the date stated in the deed and (2) the notary often does not see the client directly. Legal violations committed by notaries in Padang City can be prevented by conducting socialization and direct observation in the field. The action that can be taken if legal violations committed by notaries occurs is to carry out the inspection process in order to prove whether or not the notary has committed a violation.

Pengaturan Kewenangan Pembuatan Akta Pertanahan Antara Notaris Dan Pejabat Pembuat Akta Tanah

This article discusses the regulation-making authority between the notary and Pejabat Pembuat Akta Tanah (PPAT). In making the land deed, notary authority derived from attribution attached to the profession of notary, whereas PPAT authority derived from a delegate or delegation of authority from the competent authority, in this case Badan Pertanahan Nasional. Deed of land made by or in the presence of a notary deed is authentic and has the strength of evidence is perfect, while issued PPAT ineligible authentic deed and only has the strength of evidence deed under hand

TANGGUNG JAWAB NOTARIS PPAT DALAM PELEPASAN HAK ATAS TANAH DENGAN GANTI RUGI YANG MERUGIKAN PIHAK LAIN (Studi Putusan Nomor. 09/Pdt.G/2013/PN.BJ)

The notary has responsibility for the deed he made, if the notary deed causes harm to other parties, then the notary can be held accountable. One of the cases that occurred in the jurisdiction of the Stb District Court, namely a civil lawsuit against the deed of relinquishment of land rights made by a notary who had been examined and put on trial by Binjai District Court with the Verdict Number 09/Pdt.G/2013/PN.Bj. The deed of relinquishment of land rights made by a notary and caused harm to other parties, and then the notary can be held accountable, civilly, administratively and criminally, if the making of the deed is fulfilled with a criminal offense. The legal consequences of relinquishing land rights are detrimental to other parties, namely the cancellation of the deed. As for the conclusion, the authority of a notary in making a deed in the land sector is regulated in Article 15 paragraph (2) letter f of the UUJN, namely making a deed related to land. The notary's responsibility for the deed he made consists of civil, criminal, based on UUJN and based on the code of ethics of the notary profession. In civil law, a person feels that his or her civil rights have been violated, then that person has the right to file a claim for compensation and the acquisition of the violated rights. The Verdict No. 09/Pdt.G./2013/PN Bj, it appears that the role of a notary in this case is to make a deed of relinquishment of rights between Defendant II to Defendant XVII to Defendant I. Meanwhile, the notary must know or must first know the validity of the deed. The land deed is related to the legal action desired by the appearers, by checking with the National Land Agency. Keywords: Liability, Notary, Release of Land Rights.

Kepastian Hukum Mekanisme Kerja Persekutuan Perdata Notaris Berkaitan Dengan pembuatan Akta

The Civil Partnership in UUJNP indicates that Notaries can form a forum for cooperation. As time goes by the Notary work system that runs the Notary civil partnership is still questionable its validity, due to the arrangement of the civil partnership as regulated in the provisions of Article 16 paragraph (1) letter (f) and Article 20 paragraph (1), Article 40 UUJNP and 1618 KUH Perdata, not yet completely perfect and there are still deficiencies in implementation. The formulation of the problem, What is the mechanism of work of the Notary who runs the Notary Civil Partnership related to the confidentiality of making the deed according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP? and Is a legitimate Instrumenter witness who previously testified in the making of a deed by a colleague of the Notary Civil Partnership then reused by another Notary Civil Partnership partner reviewed under Article 40 of the UUJNP ?. This research is Normative Legal Research. The results of the study conclude that the mechanism of the Notary's work that reflects the character of the Notary Profession related to the confidentiality of making a deed in carrying out the Notary Civil Partnership according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP there is still a vague legal norm and the validity of previous Instrumenter witnesses has testified in the making of a deed by a colleague of the Notary Civil Partnership and then reused by other Notary Civil Partnership partners reviewed according to Article 40 of the National Law on Legal Entity, there is still ambiguity or obscurity of legal norms.

PERANAN IKATAN NOTARIS INDONESIA (INI) TERHADAP PENGAWASAN NOTARIS DALAM PELAKSANAAN TUGAS JABATAN NOTARIS DI PROVINSI DKI JAKARTA

This study aims to determine the role of Indonesian Notaries Association (INI) to the supervision of Notary in the implementation of duties in the position of Notary in Special Region of Jakarta. Notary in performing his duties of office can not be separated from the code of ethics that has been established and must be implemented by every existing Notary. The Indonesian Notary Association (INI) as the only organization of Notaries certainly has an important role in the field of supervision. Special Capital Region of Jakarta as the center of government certainly has a greater chance in the case of a violation, in this case the violation of the code of ethics, such as disrespect and uphold the prestige and dignity of the notary so that more supervision and explanation of the Profession of Notary Profession. It takes proper supervision from the Indonesian Notary Association (INI) where in addition to the reprimand is also required strict sanctions that can give a deterrent effect for the Notary in violation, in order not to happen again the same mistake and the notary's good name is maintained. Indonesian Notary Association is expected to give an important role in this case for the development of Notary Indonesia especially in Special Capital Region of Jakarta.

KEADAAN MEMAKSA (FORCE MAJEURE) SEBAGAI ALASAN PEMUTUSAN PERJANJIAN KERJA PEMAIN SEPAKBOLA PROFESIONAL DI PT SRIWIJAYA OPTIMIS MANDIRI

The Thesis Title Is "Force Majeure As A Reason Of Professional Football Player Employment Agreement Termination In PT Sriwijaya Optimis Mandiri". In This Research Formulated The Issue About The Criteria And Characteristics Of Force Majeure Condition According To The Civil Law In Force In Indonesia, Which Can Be Used As A reason for termination of professional football player employment agreement in PT Sriwijaya Optimis Mandiri, is a termination of professional football player employment agreement have a fairness according to civil law in Indonesia and why employment agreement was made itself and if there is any relevance and urgency if professional football player employment agreement made by Notary. To examine and answer problems mentioned above, this thesis using normative legal research that analyzed a legal enforceability, with legal materials, such as the research on the legal principles, positive law, legal rules, and rules of legal norms. Research use Legislation approach method (Statue Approach), Conceptual Approach and Case Approach. The research results indicate that criteria of force majeure which became the reason for termination of professional football players in PT Sriwijaya Optimis Mandiri is the state force due to policy or regulation. While its characteristics is a condition of force majeure are temporary, special, relative and temporer. Employment Agreement termination by reason of force majeure that meets the Fairness, because the player can accept the decision and made no effort to remedy , The value of justice is seen in this case is a commutative justice values that are proportional, where players can understand the difficulty of management FC although they are also in unfavorable conditions, because there is no power that can not be avoided. Professional soccer player employment agreement made by itself because consideration is simpler, faster and more economically, while the idea of employment agreement made by Notary very relevant for professional soccer players should certainly be treated professionally also in making the employment agreement work performed by the Notary profession. However, the urgency remains dependent on the will of the parties (voluntary).

NOTARYS’ LIABILITY IN THE LEGALIZATION OF THE COPY OF IDENTITY CARD (KTP) UNDER THE ORIGINAL

This journal is motivated by the proliferation of Identity Card (KTP) falsification case that occurred in the society as it will indirectly affect the duty and authority of the notary profession which is contained in the law of notary public, especially in Article 15 letter (d) of Law of the Republic of Indonesia Number 2 of 2014 concerning the Amendment of Law Number 30 of 2004 concerning Notary Position stating that the Notary is authorized to approve the a photocopy compatibility with the original letter. One of the letters whose authenticity often needs to be legalized is the Identity Card, especially for land registration purposes to the Land Office for the maintenance of Land data. However, it becomes a problem when it turns out that the KTP endorsed by the Notary is a fake KTP, whereas there is no special arrangement which affirms that the notary has the obligation to conduct authenticity of KTP which is submitted to the issuer (government). This results in other parties disadvantaged if it turns out the data used is a fake KTP. To examine the phenomenon, the author use normative research method supported by interview as the instrument used to collect the data. The legal theories used are the theory of legal certainty, legal protection, and legal accountability. The result of the research indicates that notary is responsible for parties who are disadvantaged due to the validation of the fake KTP card only in case if the notary endorsed the copy of the KTP without seeing and comparing the original form of it or the Notary has known that the KTP is a fake or not valid yet to endorse. On the contrary, a notary is not liable for having legalized an original KTP, not a photograph/photocopy, which looks like original until it is unknown that it is actually a fake.

Analysis of Civil Partnership of Notary Based on the Law of Notary Position

Analysis of Civil Partnership of Notary Based on the Law of Notary Position. The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required.Keywords: civil partnership, notary, joint office, maatschap

ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION

This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required

WEWENANG PEMERINTAH DIBIDANG PEMBINAAN NOTARIS DI JAWA TIMUR

Functions and responsibilities of notary as public official, always have deals by law aspect. Notary must be give explain and testimony a content deed. In reality more mistake happen effect from notary negligence and effect from high value lobbying , now rarely happen. Tehe problem take from effect from impelementation of constitution no 2 Years 2014 by government, with law effect to law of notary and obstacles solution implementation controlling to notary. Aim of this research describe and analys uthority, government position to coach asa regulator stand for valid of constitution especially in east java area. Controlling not only done bya notary association buat also done by Minister of Law and Human Right. Initially based on constitution No,30 Years 2014 about notary occupation . After than have delegate to supervisory board and coaching , after that changed to constitution No . 2 years 2014 chapter 66 A, Law and human Right regulatory no M.02 PR.08. 10 years 2004, constitution of notary occupation give bordering authorized responsibility and prohibition which must be obey to as a notary. About this arranged in chapter 15,16, 17 and ethic profession of notary have controloed by supervisory board as regulated on chapter 67,68, 69 constituation No.30 years 2004. Step by step must be done by supervisory on handle control of obstacles and to coach notary as such as : a. supervisory board as MPD,MPN,MPW to hold on the job not alal have synergy, all this can do by to held law anylises seminar together and law workshop together.

PERSEKUTUAN PERDATA NOTARIS BERDASARKAN UNDANG-UNDANG JABATAN NOTARIS

The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches.Keywords : Civil Partnership, Notary, Joint Office, Maatschap

TAX DEDUCTIBLE SEBAGAI KOMPENSASI KEGIATAN SOCIAL RESPONSIBILITY LEMBAGA NOTARIS DALAM PENGESAHAN BADAN HUKUM YAYASAN PONDOK PESANTREN

The Foundation is a body that perform various non commercial activities (non-profit) and engaged in social, religious or educational one boarding school. Boarding School can be said to have a role as well as educate the nation's children because schools have a main function of the students can study and master the knowledge of Islam more deeply. Identification of this research are: 1) How is social responsibility in implementing the notary profession and professional public service to educational institutions and religious boarding school? 2) How is the implementation of income tax from the practice of social responsibility in relation to the obligation to pay income tax on any notary deed? 3) Are there policies about tax deductible to the practice of social responsibility that does not charge the notary deed or honorarium from clients who set up a foundation online boarding school?. The method used in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence.

REVIEWING A NOTARY ETHICS BASED ON ETHICAL CODE AS A NOTARY PROFESSION

<pre>This paper aimed to find out the responsibilities and sanctions of a notary when a notary violates the existing ethics code.The various rules in the notary profession code of ethics will be attributed to the notary's behavior, so that in carrying out the duties there is a responsibility that must be enforced and If it contradicts with the ethics code,it will get sanction in accordance with the enactment of the Notary’s Office Law. Because the role of notary in society is important to determine the land deed in Indonesia, we need to understand how the notary in enforcing their ethics as notary profession. The Notary is expected to be neutral, so if placed in one of the three state agencies Judiciary, Executive, and Legislative, the Notary is no longer considered neutral. With the neutral position, notary is expected to provide legal counseling for a legal action by a notaryat the request of client. In the case of taking legal action for client, the notary also may not take side the client, because the duty of a notary is to prevent the occurrence of problems</pre>

EXPANSION OF SCOPE OF IMPARTIALITY OF NOTARY IN DOMAIN OF PUBLIC LAW

The paper analyzes the revision of the role of notaries in public law that in a new way is lighting impartiality as one of the basic features of notary profession. To the new reconstruction of notarial activities could be reached only with overcoming the classical triple state power sharing and the expansion of the idea of “new authorities”. Therefore, these impartiality of notaries could come through, first, by analyzing the spread of the principle of separation of powers. These considerations have led, then, to the independent regulatory bodies to which the public administration, as entities outside its organizational structure, transmits more public authorities. By analyzing the characteristics and functions of these bodies doctrine has identified a specific function that they were given, the function of impartial guarantees, which provides protection of private and collective interests and rights. To the similar findings came jurisprudence in relation to the notaries as a public service, which shows that it can allocate an entire complex of activities that precede the drafting of notarial act and that could be defend as an adjustment to the will of the parties to the rules of the legal system. In this new reconstructed notary role the impartiality appears in a completely new dimension: impartiality arises as a rule of action, not only when he participates in the processing of cases in which the parties wish to define and achieve some private interests, but also, and above all, that impartially guarantees to third parties, and to the state that such arrangement does not oppose of other protected interests. In this way reveals that the obligations of the notary’s impartiality does not stop at the borders of private law, thus its scope becomes much wider.

The Role of Public Notary in Providing Legal Protection on Standard Contracts for Indonesian Consumers

Public Notary is needed in conducting businesses of varying sectors. For example, people who want to own a house through a bank with House Ownership Loan (Kredit Pemilikan Rumah - KPR). Quite similar to a purchase of common loan contracts, the purchase of KPR contract is formulated into a standard contract. Its contents and clauses have been previously prepared by the bank. Then, bank customers as debtors only have the option to accept the entire contents and clauses of the KPR contract, otherwise they will not be granted KPR loan. As the consequence, the position of banks as lenders and customers as debtors are never equal. Debtors are powerless and have to comply with the content of the contract. This research discusses the protection given by notary in the drafting process of standard contract based on Law No 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen - UUPK) and Law No. 2 of 2014 on the Rules of Notary Profession (Undang-Undang Jabatan Notaris - UUJN). The result of the study showed that a public notary has a strong foundation to protect consumers’ rights according to the UUPK. An application of this, among others, the notary’s refusal has to include the entire content of the KPR agreement into a deed before s/he could examine whether the two parties of the agreement occupy an equal position and have proportionate power. For instance, in the transfer of responsibility clause from a bank as a business owner – a notary is entitled to advise the bank that its activity has violated the UUPK. If the bank insists that the clause is instructed by its central bank, the notary can help explain that the revision of the clause will help the Bank avoid the violation of UUPK.

AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN

Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The making of an authentic deed is required by law and regulation in order to create certainty, order and legal protection. In addition, the authentic deeds made by or before the notary are not only required by legislation, but also because it is desired by the parties concerned to ensure the rights and obligations of the parties. Notary became one of the general officials who provide services in the form of archiving files that have been done by the parties. What is meant by filing is to bind any legal acts committed by the parties in the notary's office. To achieve the objectives used legal juridical Normative research is the study of the law that focuses on the study of documents or bibliography, but to complement the data obtained from the study of documents or library then conducted field research, ie from the sources. Data analysis used is qualitative data analysis. Notary pursuant to Article 1 paragraph 1 of Law number 2 of 2014 concerning Position, Notary is a public official authorized to make authentic deeds and other authorities as referred to in this law. And still in Article 1 paragraph 13 UUJN (Position Notice Act) Protocol is a collection of documents that are archives of the state that should be kept and maintained by a notary. From the result of research and discussion it is concluded that rejecting protocol from other notary is not justified, because every notary must accept protocol from other notary it is stated in Notary Appointment Letter. Notary holder of the protocol shall only be responsible for securing state documents, submitting minas deed if necessary, in case of responsible criminal acts shall remain the notary making. It is stipulated in the Notary Office Law Article 65 that a notary, a substitute notary, a notary public official is responsible for every deed he has made even though the notary protocol has been transferred or transferred to the notary notary of the notary protocol. The rejection of the notary protocol is not an unlawful act, the unlawful act that exists in the notary profession is anything that is concerned with the product made by a notary (authentic deed). The supervision of a notary is conducted by the Minister by appointing the MPD (Regional Supervisory Council) in the case of notary protocol is the regional supervisory board to conduct reprentative and reprefentative supervision to impose administrative sanctions in the form of oral reprimands, written warning, dismissal, dismissal with respect and disrespect dismissal. Administrative sanctions are provided based on investigation team results, so MPW may impose sanctions on the notary who rejects the protocol.Keywords: Notary Public, Notary Protocol, Notary Supervisory Board.

POLITIK HUKUM PEMBENTUKAN MAJELIS KEHORMATAN NOTARIS

Abstract Previous roles and authority of the Supervisory Council of Regions in almost identical to the role of the Notary Honorary Council had been abolished by the Constitutional Court of the Republic of Indonesia in Decision Number 49 / PUU-X / 2012 as contrary to the constitution of the state of Indonesia. Problems in this study, first, what is the legal political formation Honorary Council of Notaries in Law No. 2 of 2014? Second, how the legal protection of the Notary Act No. 2 of 2014? This research is a normative juridical research. Based on research by the authors concluded that with the issuance of permenkumham No. 7 2016 then clearly setting the organizational structure, duties, responsibilities and obligations of Honorary Council of Notaries, and it can be concluded that the legal protection of notaries who used to be done by the Council of Regional Supervisor particularly regarding decision minuta deed (borrowing) and call the police now Notary by the authority of the Honorary Council of Notaries. With the release of permenkumham No. 7 of 2016 is expected to vacuum cornerstone of legal protection for the Notary profession for 2 (two) years can be resolved. Keywords: Politics, Law, Honorary Council, Notary.

Tanggung Jawab Notaris Dalam Pembuatan Minuta Yang Dibuat Berdasarkan Keterangan Palsu

In Article 1 paragraph (1) of laws No.2 of 2014 concerning the amendment to the Laws No. 30 of 2014 concerning the office of a notary states that a notary is a Public Official authorized to make an Aunthentic deed and has other authorities as set up in the legislation or under other laws. Deed made before a notary can be classified in two (2) kinds of certificates, namely partij deed/deed of the parties and the deed of relaas/officials. The problem discussed in this thesis is what is the legal regulation of the production of notarial deed in the legislation in Indonesia, what is the legal effect of a deed made based on false information by the parties involved. The type of research is the study of normative law because there is a conclict norm between the two regulation, the statute approach, the analytical and conceptual approach and the coparative approach. Sources of primary legal materials of legislation, secondary legal materials used in the studies may be in the form of books and articles in electronic format. The data collection was done through library research covering primary legal materials. Data processing and analysis of legal materials were done through descriptions of situationsor events. This technique did not search for or explain relations, did not test hypothesesor make predictions. The conclusion of the study demonstrates that notaries in running his or her office must pay attention to and must be subject to the Laws No. 30 of 2004 concerning the post of a notary which has been amended by the enactment of Laws No 2 of 2014 concerning the amendment to the Laws No 30 of 2004 concerning the office of a notary and ethical codes for a notary which constitutes applicable regulations for moral guidance for a notary profession. A deed that contains false information which is provided by the parties can be cancelled. Deed cancellation can be done by a notary if demanded by the parties who suffer losses.

AKTA NOTARIS SEBAGAI ALAT BUKTI TERTULIS YANG MEMPUNYAI KEKUATAN PEMBUKTIAN YANG SEMPURNA

<p align="center"><strong>AKTA NOTARIS SEBAGAI ALAT BUKTI TERTULIS </strong></p><p align="center"><strong>YANG MEMPUNYAI KEKUATAN PEMBUKTIAN YANG SEMPURNA</strong></p><p align="center"><strong> </strong></p><p align="center"><em>Rif’ah Raihanah</em><em></em></p><p align="center"> </p><p><strong>Abstract</strong> <em>: In Indonesia, the setting of the Institute of Notary regulated in Law No. 30 of 2004 Undang-undang Jabatan Notaris (UUJN). Based UUJN can be explained that the notary is a public official authorized to make the deed which the deed is a deed that is authentic. An authentic act can be divided further into deed made by the officials and the deed made by the parties. To be classified as a deed of a letter must have the signature as required in article 1869 Civil Code. So the function signature is none other than to characterize or to mengindividualisir a certificate can be viewed as the identification of signatures affixed to the deed. In order to act as evidence has the force of proof writing is perfect, then the deed must qualify the authenticity of which is determined by law, one of which must be made by or before the authorities. In the event must be made by the competent authority or before the notary profession is a very important role in fulfilling the terms of the authenticity of a letter or certificate that has the perfect strength of evidence (Article 1 UUJN). Perfect proof of the power contained in an authentic act is a blend of some of the strength of evidence and the requirements contained him. The absence of any proof or strength of these requirements will result in an authentic deed has no evidentiary value of the power of the perfect (volledig) and binding (bindende) so that the deed will lose their authenticity and no longer an authentic deed. In an authentic deed must satisfy (i) the strength of proof of birth, (ii) Strength Formal Verification and (iii) The power of the Material Evidence. Then apart from the strength of evidence is based UUJN that a notary has the authenticity requirement, then at the deed must be (i) The penghadap who are qualified (minimum of 18 years or have been married and legally competent) facing the Notary in the working area notary public is concerned, (ii) The penghadap must be known to the notary or introduced to it by 2 (two) witnesses identification of at least 18 years old or have been married and legally competent or introduced by 2 (two) other penghadap; (iii ) The penghadap express intention; (iv) the purpose of the Notary mengkonstatir penghadap in a deed, and (v) the notary read the wording in the deed to the penghadap and was attended by 2 (two) witnesses who meet the requirements, and (vi) Immediately after the deed was read the penghadap, witnesses and the notary then affix his signature, which means justify what is contained in the deed, and the signing must be done at that time.</em></p><p><strong>Keywords: <em> Akta Notaris </em></strong></p>

European notary public at windflow

The author of the paper analyzes the reasons and consequences of vulnerability of notary profession in European countries with a Latin-type notarial system, which in recent years lurk serious threat, which could influence in the nature of this profession. The European Commission has had several persistent attempts to attack the notary: through commencing six proceedings before the European Court of Justice and six Judgments in 2011 against member States that have not abolished the requirement of citizenship for admission to the profession, and then over the proposal for revision of Directive 2005/36 / EU in which it included the expanding of the field of application of professional qualifications recognition to the notaries public, all to the Green Book on treatment in this process, with explanation that with the new means should be supported the functioning of the internal market and stimulates economic growth in the EU. The Commission has always been guided by the findings that the reforms aimed at simplifying the environment of business entities and the removal of restrictions in certain sectors and in regulated professions were not allowed to remove barriers and restrictive behavior in a number of sectors, among which are expressly mentioned notaries, and that therefore the EU suffers economic decline. This was followed by strong reactions, which were not only the expression of a desire of notary public profession and science, but came from the highest authorities in France, Germany, and other countries. The complete jurist's population in these member States recognized the insincerity of the Commission in demanding liberalization of notary public services, under the expression of reviving economic activity in the EU. All actors of the protest considered the Commission's explanation was only a reflection of the ideological prejudices and a concession to satisfy the hegemonic aims of supporters of the Anglo-Saxon model of deregulation. The doctrine also points to a restrictive conception of the notion of participation in the exercise of public authority by persistently promoting the European Court of Justice in relation to the notary service, although the authoritative modern science of administrative law as well as practice of developed countries today clearly show that the concept of the social function of the state and administration in exercise of power makes the totality of authoritative and non-authoritative activities by which the government achieves its social goals. Contrary to the idea of liberalization of notary public services represented by the Commission, the legal doctrine today currently more rises the question of the right of magnification of public authorizations of European notaries, because the phenomenon of the spreading of the principle of separation of powers, and especially the analysis of the status and powers of the independent regulatory bodies, opened new horizons in relation to the expansion of the scope of notary public authority. Strong offensive to European Latin notary's contribution was made by Serbia, where the introduction of the notary public services, Jurists experienced as competition to the lawyers profession and after the strong protest of lawyers, which jeopardized the functioning of the judiciary, to notary public was denied making the biggest forms of notary public documents - public notary record - for the most risky and most important legal affairs, contracts on real estate transactions. In conclusion the author indicates how devastating consequences of the liberalization of the traditional tasks of notaries and drastically narrowing their responsibilities would be both for judicial construction and the economic activities of the Roman-Germanic law.