Notary Position Research Articles

Legal Analysis of the Notary's Role in Protecting Client Personal Data

Notaries, empowered to create authentic deeds, require client personal data to perform their duties, making this information vulnerable to misuse if not properly secured. This paper examines the obligations of notaries in protecting client data under the Personal Data Protection Act No. 27 of 2022. Using doctrinal legal research methods, it explores data protection principles, the legal framework for client rights, and how these responsibilities align with notarial duties. Findings reveal that privacy is central to data protection, with the 2022 Act providing a legal foundation for notaries to safeguard client information, emphasizing the importance of maintaining confidentiality in all deed-related activities. The Personal Data Protection Act supports notaries’ roles as data controllers and processors, linking these duties with the authority granted under the Notary Position Act. The synergy between these laws ensures that clients' data rights are upheld, and notarial responsibilities are reinforced within the legal framework.

Ratio Decidendi District Court Decision in Case of Deed Not Read Based on Notary Position Law (Decision No 873/Pdt.G/2013/ Pn.Sby)

This research is aimed at analyzing the Ratio Decidendi of District Court Decision No. 873/Pdt.G/2013/PN.Sby against notaries who do not read their deeds. The purpose of this research is to determine and analyze the Decidendi Ratio of District Court Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary. Then to analyze the responsibilities of notary officials based on article 16 paragraph 1 letter (m) of the Law on Notary Positions. This type of research uses normative juridical research using a statutory approach and a conceptual approach using literature study legal material search techniques. The analysis technique used in this research is the interpretation technique used is systematic interpretation. Based on this, the problem formulation is (1) What is the judge's consideration (Ratio Decidendi) regarding Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary? and problem formulation (2) What are the responsibilities of notary officials for deeds that are not read out based on article 16 paragraph 1 letter m based on the Law on Notary Positions? (1) Ratio Decidendi, namely the implementation of a decision with a ruling that the lawsuit cannot be accepted (Niet Ontvankelijk verklaard) in District Court Case No. 873/Pdt.G/2013/PN.Sby, even though in principle the lawsuit is not accepted, the notary still has responsibility for deed that he has made. Even though in principle the lawsuit is not accepted, the judge should consider not carrying out the obligation to read the deed by a notary(2) The Notary's responsibility for a deed that is not read, in this case the Notary can be sued because the authentic deed is downgraded to a private deed and then be sued civilly, namely regarding compensation based on 1365 of the Civil Code, as well as administrative sanctions based on the Code of Ethics. Notary. The advice that can be given is that during the examination of the case, if the lawsuit contains formal defects, it is better to stop it so that the decision is not rejected. Then the parties in the lawsuit must make a detailed lawsuit so that the lawsuit can be granted. Then there are administrative sanctions for the notary who does not carry out the obligation to read the deed. less severe and less of a deterrent effect, then the supervisory board should ensure that the deed made by the notary is truly authentic or not during its inspection and there should be a clear place for complaints for the public to the regional supervisory board.

Juridical Study on Notaries Who Commit Criminal Acts Based on Law Number 2 of 2014 concerning the Position of Notary

Juridical Study on Notaries Who Commit Criminal Acts Based on Law Number 2 of 2014 concerning the Position of Notary

Pertimbangan Hukum Majelis Pengawas Daerah (MPD) Kota Palangka Raya dengan Majelis Pengawas Wilayah (MPW) Provinsi Kalimantan Tengah dalam Memutuskan suatu Perkara di Wilayah Kalimantan Tengah

The purpose of this study is to determine and examine the authorities to hold and/or conduct examinations of notaries who commit violations, both in the form of the Notary Code of Ethics and provisions in applicable laws and regulations. The first research result: Supervision carried out by the Notary Supervisory Board to prevent violations of the Notary's position is carried out by holding seminars on notary affairs, holding meetings once a month attended by the Regional Supervisory Board to provide direction to implement the UUJN and Code of Ethics and Notaries are required to continue to increase their insight into notary affairs, and the Regional Supervisory Board visits the Notary's office at least once a year to check the Notary's protocol. Second: there is no difference at all between the Notary Supervisory Board and the Notary's Honorary Council because basically preventive supervision is preventive or mitigating so that violations of the Notary Code of Ethics and the Notary's position authority do not occur. Furthermore, regarding the differences in reports from the public addressed to the Notary Supervisory Board and the Notary Honorary Council, there is no difference at all, so if the public reports to one of these organizations, it is possible, but it will be followed up by the authorized organization because it concerns the sanctions that will be given.

Persekutuan Perdata Notaris Ditinjau dari Prinsip Kemandirian dan Prinsip Kerahasiaan pada Jabatan Notaris

The establishment of a civil partnership among notaries, governed by Article 20 of Law No. 2 of 2014 amending Law No. 30 of 2004 on Notary Position, introduces new dynamics to notarial principles, particularly the principles of independence and confidentiality outlined in Article 16 of the same law. This development raises concerns about potential disharmony, as forming a Notary Association could compromise notarial independence. When multiple notaries operate within one association, they may find it challenging to maintain the requisite impartiality and confidentiality specified by law. Upon analyzing these issues, several conclusions emerge. Firstly, the regulations governing notary civil partnerships appear sufficient and compatible with the core principles of notarial practice. Notaries are obligated to conduct themselves professionally, adhering strictly to legal statutes and the ethical code of notaries, which stress independence and confidentiality. Hence, while engaging in civil partnerships as permitted by Article 20, notaries must uphold these moral and legal standards, ensuring their activities remain in alignment with the law and ethical guidelines. Secondly, the formation of notary civil partnerships has implications for maintaining the principles of independence and confidentiality. The essence of a notary's independence as a public officer is critical, encompassing structural, functional, and financial independence. Any association among notaries could potentially undermine these fundamental principles, as notaries may face challenges in preserving their autonomy and impartiality when operating within a partnership structure. The legal framework stipulating notarial responsibilities emphasizes the necessity for notaries to operate independently, free from external influences. In summary, while Article 20 allows for notarial civil partnerships aimed at enhancing service delivery to the public, it necessitates careful adherence to the principles of independence and confidentiality integral to notarial duties. The challenge lies in balancing the benefits of collaboration with the imperative of maintaining the integrity and autonomy of the notarial function as prescribed by law.

Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.

The Concept of Cloud Computing for Notary Protocol Storage Reviewed from the Secrets of the Notary Position

The Concept of Cloud Computing for Notary Protocol Storage Reviewed from the Secrets of the Notary Position

Limitations of the Use of Social Media in Notary Positions Reviewed from the Notary Code of Ethics

The use of social media as a platform for notaries to publicize their work is increasingly rampant in today's digital era. However, there are several limitations that need to be considered, and many notaries are deemed to have violated the code of ethics and applicable legal regulations. This research aims to identify the limitations in the use of social media for notaries and the legal consequences if notaries promote themselves on social media. The research method used is doctrinal research with a normative juridical approach, involving an analysis of laws and regulations, the notary code of ethics, and related case studies. The results of the study indicate that the activities of using social media for notaries have restrictions, such as the prohibition on publishing or promoting themselves by listing their positions. Violations of these limitations can result in moral sanctions or legal sanctions. These findings have important implications for notary practices and regulatory enforcement in the digital era.

Analysis of the Principle of Notary Independence in Notarial Deed Making in Review of the Notary Position Law and the Notary Professional Code of Ethics

The position of notary is an office of trust and is a noble profession (officum nobile), in carrying out the duties of his office the notary is regulated by Law No. 30 of 2004 concerning the office of notary which has been amended by Law No. 2 of 2014 concerning the Office of Notary and also regulated in the Code of Ethics for the Notary Profession. in carrying out the duties of a notary has obligations and authorities, one of which is the obligation to be independent. In this study aims to analyze how the ideal regulation so that the principle of notary independence in making deeds can be carried out properly. this research is a notmative legal research where the author approaches the problem by studying the provisions of the applicable law and studying the views and doctrines in legal science relating to the obligation of notaries to act independently in carrying out their job duties. The Notary Position Law has actually provided a legal framework to support the independence of notaries in carrying out their duties. However, the application of this principle of independence in daily practice may depend on how the notary complies with the law and professional ethics and there is still a legal gap where there is no specific regulation relating to the independence or impartiality of notaries. The definition of notary independence in the Notary Law and the notary code of ethics is very limited, with no classification regarding the form of the law, as with the independence of judges who have a clearer classification, it would be better if the code of ethics of the notary profession explains in more detail regarding the independence of notaries in terms of structural, functional, financial, and independence in carrying out the duties of the office of notary.

Juridical Analysis of the Notary's Position as a Witness in Trials Is Linked to the Notary's Right To Refuse

The importance of the Notary's role as an official who witnesses the execution of a legitimate deed cannot be overstated. Notaries have the option to retract their statements, but occasionally they are called upon to give testimony. This study is to investigate notaries' status as witnesses in court proceedings and to assess the legal safeguards afforded to them about their refusal rights. Normative juridical research methodology is used. Secondary data is the kind of data that is used. Techniques for analyzing data that combine deductive reasoning and qualitative analysis. The results of this research are: first, The role of a Notary as a witness in a trial is essentially governed by the UUJN. Notaries are not required by laws to testify; in fact, their Oath of Office and Article 16 of the UUJN forbid them from speaking, not even in front of the court. Notaries have the prerogative and duty to refuse. To finish the legal process in court, the Notary must, however, also represent the state's interests. The Notary must testify during the trial if mandated by law. Notaries cannot decline to be used as witnesses without the approval of the Notary Honorary Council, in accordance with the provisions of Article 66 UUJN. Instead, notaries must be able to control when to speak and when to remain silent. Second, In order to testify in court, notaries are granted legal protection as Public Officials. Protection of Notaries as witnesses in criminal cases following the publication of Constitutional Court Decision No. 49/PUU-X/2012, which states that summoning a notary public requires first going via the Honorary Council of Notaries in compliance with Article 66 UUJN regulations. The rights and obligations of a Notary as stated in the Notary's oath of office, Article 16 paragraph (1) letter e and Article 54 UUJN, Article 1909 paragraph (3) of the Civil Code, and Article 322 of the Criminal Code also provide protection for notaries.

Unlawful Actions of a Notary in Making a Deed of Change in the Management of the Putra Jaya Limited Liability Company (CV).

Notaries in carrying out their duties are based on statutory regulations which are often called the Notary Position Law (UUJN) Number 2 of 2014 Jo. Law Number 30 of 2004, in fact, notaries are often found who violate the Notary Position Law, such as in the case of decision Number 2604 K/Pdt/2019, Notary Herminda Br. Ginting, S.H became the defendant because he made an authentic deed of changes in the management of a limited liability company (CV) without the complete presence of an observer. The formulation of the research problem is what is the unlawful act of a notary in making an authentic deed without the presence of a complete observer?, using normative juridical research methods , it can be concluded that notary Herminda Br.Ginting committed an unlawful act because in making a deed of change in the management of a limited liability company (CV) putra jaya he violated article 16 paragraph 1 letter (m) and article 44 of the Law on Notary Positions which resulted in the deed being made being legally flawed and becoming invalid. for the sake of law and causing losses to other people in accordance with article 1365 of the Civil Code "any unlawful act that brings loss to another person, requires the person who wrongly issued the loss, to compensate for the loss", the notary should be careful in writing an authentic deed because the deed The authentication made by the notary has perfect law-making power.

Sejauhmana Tanggung Jawab Notaris terhadap Surat Dibawah Tangan yang di Daftarkan pada Buku Khusus Notaris (Waarmerking)

In conducting a Notary position, the Notary is required to be able to know the responsibilities and authority of the Notary in performing his/her position in accordance with the Notary Position Law. One of them is the authority of the Notary in Law Number 30 of 2004 concerning the Notary Position jo Law Number 2 of 2014 in Article 15 paragraph 2 letters a and b "Notaries are also authorized: to certify signatures and determine the certainty of the date of letters under hands by registering in a special book; book letters under hands by registering in a special book;" But in the current era, Waarmerking has become a loophole for a Notary to be guilty. Therefore, this research will discuss the extent of the Notary's responsibility for letters under the hand registered in the Notary's special book. This research uses normative legal research methods, data sources come from positive law, laws and books. The results show that in addition to being authorized to make authentic deeds, notaries are also authorized only to register letters under the hands registered in a special book.

The Deed of Heirs or Obtain rights within The Confidentiality of The Notary's Position

The Deed of Heirs or Obtain rights within The Confidentiality of The Notary's Position

Urgensi Pembuatan Akta Kesaksian dan Akta Pernyataan Ahli Waris Oleh Notaris

In matters of inheritance, an individual requires evidence to prove that they are legitimate heirs of the deceased.The Deed of Inheritance Testimony and The Deed of Heirs' Statement are deeds that are used as the basis for creating a Deed of Information on Inheritance Rights. In this research, we will discuss the urgency of creating a Deed of Inheritance Testimony and a Deed of Heirs' Statement and what consequences will occur to the Notary if they do not make these two deeds. The research method in this research is normative juridical, namely research using library materials or secondary data. This data will be analyzed qualitatively so that it will produce analytical descriptive data. Based on the research, it was found that the Deed of Inheritance Testimony and the Deed of Heirs' Statement have an important role in growing the Notary's confidence when creating a Deed of Information on Inheritance Rights and as security for the Notary himself because they can be used as evidence when there are problems related to heirs. As a result of not creating these two deeds, there are no sanctions given, but it can put the notary's position and position at risk of being exposed to problems from the Deed of Information on Inheritance Rights that has been made. KEYWORDS: Deed of Inheritance Testimony, Deed of Heirs' Statement, and Notary

The Obligation of Notary as a Reporter in Efforts to Prevent and Eradicate Money Laundering Crime

Money laundering is a structured and diverse crime, the implementation of which can utilize financial institutions and institutions outside the financial system. In Government Regulation No. 43/2015 on Reporting Parties in the Prevention and Eradication of ML, it is stated that notary is one of the reporting parties. However, this obligation to report conflicts with the obligation to keep the contents of the deed and all information regarding the deed confidential as stipulated in the Notary Position Law. Notaries in carrying out their duties are bound by an oath of office that they must uphold. One of the notary oaths is regarding notary confidentiality as written in Article 4 Paragraph (2) of Law Number 30 Year 2004. In addition, notaries in carrying out their positions, based on Article 16 of UUJN Paragraph (1) letter f, notaries are obliged to "keep confidential everything regarding the deed they make and all information obtained for the making of the deed in accordance with their oath / pledge of office, unless the law determines otherwise". The clash of norms between private law and public law certainly requires legal protection in carrying out their positions. The legal protection applied is related to the guarantee of the rights and obligations of notaries, both regarding their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes and notary obligations in the realm of private law. This legal protection is intended so that notaries can be free from claims or lawsuits in carrying out their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes. KEYWORDS : Notary, Obligations of the Reporting Party, Legal Protection.

Notary’s Legal Liability for Deeds Declared Null and Void

Notary is a public official authorized to make authentic deeds. The authority of a Notary in making authentic deeds is the authority granted by the Notary Position Law as stipulated in Article 15 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. Notarial deeds have perfect evidentiary power, which means that as long as no defects and untruths are found in the deed, the judge must be convinced and believe in the deed. However, if a dispute arises against the authentic deed, then the deed can be canceled or null and void. In carrying out his official duties towards an authentic deed he made, Notary is charged with a responsibility. So that if a deed is declared null and void, the Notary can be held accountable. This research is normative legal research, using library techniques and document studies to collect legal materials. analysis of legal materials in this study using deductive analysis. The results of this research show that, the form of Notary's responsibility for deeds declared null and void can include, civil responsibility, criminal responsibility and administrative responsibility.

Legal Actions Of Notaries Who Feel Aggrieved By The Decision Of The PTUN Court On Dismissal In PTUN Decision Number 200/PK/2022 In Jakarta

As a public official, a Notary can be dishonorably dismissed if proven to have committed a criminal offense, as stipulated in the Notary Position Law. Although regulations related to dishonorable dismissal for notaries already exist, they are considered somewhat unclear. The issues discussed in this study include the substance of legal remedies for notaries who are dishonorably dismissed due to criminal convictions with a threat of less than five years. The research method used is normative juridical, with data collection through document study and literature review. The analytical approach used is qualitative. The research findings regarding the substance show that criminal offenses that can lead to dishonorable dismissal for notaries are criminal offenses with a prison sentence of 5 (five) years or more that have obtained legal force, whether committed in a personal or official capacity. Furthermore, the legal remedy for a Notary who is faced with dishonorable dismissal when convicted with a sentence of less than five years is to file a lawsuit to the State Administrative Court. This lawsuit is addressed to the Minister of Law and Human Rights as Defendant I, and the Notary as Defendant II.

NOTARY'S RESPONSIBILITY IN THE EXERCISE OF AUTHORITY AS AN AUTHENTIC DEED OFFICIAL

Purpose: This research endeavors to investigate the obligations of notaries in their capacity as officials endowed with the power to authenticate deeds. These obligations consist of ethical, administrative, civil, and criminal, duties. Theoretical Framework: Notaries have obligations as public officials. Indeed, a notary bears accountability not only to his fellow professionals but also to clients and members of the public who require his services by legal regulations and societal interests. Method: This research is descriptive and the type of research is normative juridical. This research uses secondary data derived from primary sources, such as journals and secondary sources, namely the Internet and books Results: The findings indicated that notaries must fundamentally adhere to the Notary Position Law and the Notary Code of Ethics when performing their duties and positions. This ensures that the notary always follows the procedures outlined in the Notary Position Law and Code of Ethics, thereby providing legal certainty to the parties involved in the deed. For each task that their clients entrust to them, notaries take full responsibility. There are always matters that accompany each occupation and become its responsibility. Conclusions: The Notary Position Law specifies that if a notary commits an offence while performing his or her duties and responsibilities, the notary may be held accountable and punished through administrative, civil, and ethical sanctions. The Notary Position Regulation, the Notary Position Law, and the Notary Code of Ethics previously governed criminal sanctions against notaries, but these sanctions are no longer subject to legal regulation. Punishments for criminal offenses against notaries may be enforced by the provisions of the Criminal Code.

Position of Notary in Indonesia as a State Official

<em><span lang="EN-US">A notary is a public official authorized to make authentic deeds, but apart from that, in fact, there are also notaries who become state officials after being appointed as public officials. One of the difficulties of the The Rules of Notary Profession (UUJN) is the conflict between Article 8 paragraph (1) letter e juncto Article 3 letter g and the prohibition of Article 17 paragraph 1 letter d with Article 11 paragraph 1, so that there is a conflict of interest in concurrent positions, that raises question which steps should be taken by a Notary who doubles as a State Official. This study used a normative juridical research method, which was carried out in the library and the field using document study legal material collection tools. Based on the qualitative analysis, it is known that there are (two) solutions that regulate Notaries to become State Officials, namely the Notary is required to take leave and to appoint a replacement Notary, and the Notary is responsible for the deeds made before becoming a member of the State Officials so that they are not causing problems with multiple positions on the head of the notary deed and the replaced notary protocol.</span></em>

Analysis of the Legal Status of Joint Office in Notary Civil Partnership: Perspective of Article 20 of UUJN-P

This article focuses on the Analysis of the Legal Status of Joint Offices in Notary Civil Partnerships: Perspective of Article 20 of the Law Concerning Notary Positions (from now on UUJN-P), which focuses on the legal status of joint offices by notary civil partnerships. The research in this article uses normative juridical research. Aims to describe and analyze the legal status of establishing a joint office by a civil partnership of notaries. Notaries can enter into civil partnerships to form a joint office as regulated in Article 20 of Law Number 02 of 2014 concerning Amendments to Law Number 30 concerning Notary Positions. Establishing a joint office can be convenient for notaries when opening a notary office, which requires expensive costs. However, there is legal ambiguity regarding the regulation of the legal status of the establishment of a joint office by a notary civil association, where there is a synonym for terms in article 20 UUJN, which equates notary civil partnerships with notary joint offices and civil partnerships in the Civil Code.