Notary Position Research Articles

Implementation of the Transition of the Notary Protocol Who Died Based on the Notary Position Law (Case Study in Pariaman)

Notary is as an oficial authorized to make an authentic deed, as provided in Article 15 of Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on the Notary. When a notary passes away, the position as notary ends, but the deed he has made will remain recognized forever and to maintain the continuity of the protocol his responsibility is attached for life to the deed he made while he still an active notary. If it is linked to Article 62 of the UUJN, the Article explains that one of the reasons for submitting the Notary Protocol is a notary public who has passed away. The problem, namely 1.How is the process of submitting a notary protocol based on the law of the notary department 2. How is the protocol transfer that does not comply with the rules of the legislation? Methods used in this research is an empirical juridical approach, an approach to a problem that is through research by seeing applicable norms or provisions. Based on the research result, the heirs of the dead notary was responsible for submitting the notary protocol to the tribunal regional inspectorate. Thus by transferring the notary protocol to a notary can provide a wider scope of the parties in searching the legal certainty.

Notary Malpractice in Carrying Out Their Duties and Authorities

<p>As an official whose duty and authority is making authentic deeds, a Notary is responsible for all the content of the deed he/ she made and all the information relating to the deed made before/ by him/ her, based on the Official Oath of the Notary and Notary Law. Notary is a noble position (<em>noblese obligue</em>), and Notaries are expected to keep their dignity as official. The consequences of such honorable position and authority of Notary is that Notaries are obliged to do everything that is regulated in the Notary Law and obey everything that is prohibited by the law, regulations, and the Notary’s Code of Ethics, in carrying out both their duties and authority, Notaries are responsible for any consequences arises from any violation of the position of a Notary. For any malpractice committed by a Notary, a Notary may be held liable to civil and criminal lawsuits. This article explains about: (1) The law and regulations applied to Notary in Indonesia in carrying out their duties and authorities. (2) How does the Notary practice in Indonesia in carrying out their duties and authorities. (3) How the ideal Law and Regulations should be applied to Notary, so that Notary malpractice can be eliminated, or at least reduced, and Notaries can carry out their duties and authorities as they are mandated. </p>

Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część druga

<p>The article addresses the notary’s systemic position under the first Polish Law on Notaries of 27 October 1933. The analysis of the position of the notary carried out in part one of this article pointed to serious difficulties in the precise defining of this position, both among the scholars in the field and the judicature. To precisely define the systemic position of the notary, part two has provided an analysis of the provisions of the Law on Notaries regarding the professional self-government of notaries, supervision over notaries and their activities, disciplinary liability and compensatory liability of the notary, and the rules of preparation for the profession of notary. The analysis of the Law on Notaries of 1933 presented in the first and second part of this article, leads to the conclusion that the notary’s position included in its legal position a combination of features of a public officer and a liberal profession. The legislature, using in Article 1 the term “public functionary”, and not “state official”, and giving notaries in Article 23 of the Law on Notaries the legal protection enjoyed by state officials, wanted to clearly emphasize the existing differences between them while at the same time underlining their close relationship to the state. The adoption of such a definition made it possible to grant notaries a wide range of powers. At the same time, it provided the basis to establish a professional self-government and entrust its bodies with significant powers in the area of disciplinary jurisdiction. The dualistic approach to the position of the notary was also reflected in the separate rules of training for the profession and in the special rules of notary’s liability for damages. The state, by entrusting notaries with activities related to non-contentious judiciary, secured for itself an exclusive influence on the staffing of notary positions and covered the system of notaries by a strict supervision exercised by the Minister of Justice. The discussion presented in the article leads to a conclusion that the legislature approached the position of a notary in the Law on Notaries of 1933 in a special way, creating a combination of official and professional elements, which can be called a public function. In terms of the political and administrative system, regardless of the definition itself, the notary in practice performed the function of a person of public trust.</p>

Relevance of the Value of Legal Certainty in the Appointment of Islamic Law Graduates as Notaries

Sumiritas in the explanation of Article of Act No. 2 of 2014 on the Notary Department has resulted in uncertainty about the position of the Master of Islamic Law/Syari’ah as a Notary. This paper aims to analyze and dissect the issue of the appointment of graduates of Islamic law scholars as notaries. The research method in this writing is normative juridical. Sumiritas Article 3 of Act No. 2 of 2014 on the Notary Position has resulted in uncertainty for the status of a Master of Syari’ah Law as a Notary. This clearly results in uselessness for the Bachelor of Syari’ah Law in terms of the application of expertise and knowledge of Syari’ah law.

Form of Abuse of The Position of Notary in Participations for Making a Sales Buying Agreement Which Causes Loss

As a public official, a notary has to implement the provisions in article 16 paragraph (1) letter of the Notarial Act in performing his position to prepare autenthic deeds; a notary is also obliged to act honestly, be independent, be impartial and secure interest of the parties concerned in the authentic deeds prepared by the notary; which is watched and witnessed by all parties so that their aims are set forth in the deeds.

Law Enforcement Analysis against Notaries Who Do Negligence in Depositing Minutes of Deed

The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. The toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.

Law Enforcement Analysis against Notaries Who Do Negligence in Depositing Minutes of Deed

The purpose of this study is to analyze: 1). Law enforcement against a notary who is negligent in keeping the minutes of deed in Pemalang Regency. 2) Obstacles and solutions in enforcing the law against a notary who neglects to keep the minutes of deed in Pemalang Regency. The approach method in this research is empirical juridical with the help of primary data or empirical data as the main data. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). Law enforcement against a notary who neglects to keep the minutes of deed in Pemalang Regency, namely starting with the submission of a report, summons and examination by the MPD, as well as the conduct of a trial by the MPW. Sanctions against a Notary who is proven to have violated the provisions of Article 16 paragraph (1) letter b, as regulated in Article 85, the sanctions are in the form of verbal warning, written warning, temporary dismissal, honorable discharge and dishonorable dismissal. T he toughest sanctions imposed on notaries who violate the code of ethics and the Law on Notary Positions.

Supervision and Guidance Implementation on Notaries by Regional Supervisory Council & Legal Consequences

The purpose of this study is to determine the implementation of Notary supervision carried out by MPD, the performance of Notaries based on the results of Notary supervision by MPD, and to find out the obstacles faced by MPD in carrying out Notary supervision in their area. The approach method in this research is normative juridical. The research specification is descriptive analytical. The data sources used in this study consist of primary data and secondary data which can be distinguished in primary legal materials, secondary legal materials, and tertiary legal materials. Collecting data in this study using the method of literature study and interviews. The data analysis technique used is the processed data which will be presented in the form of qualitative data analysis. Based on this research, it can be concluded that the Notary has the legal authority to make an authentic deed. In order to improve the quality and quantity of Notaries, a new regulation that applies to Notaries is issued, namely Act No. 30 of 2004 concerning Notary Positions (UUJN). Along with the accountability of the Notary to the community in carrying out his duties, then it must be guaranteed by the existence of a supervision and guidance. Notary supervision is carried out by involving several elements, namely experts from academics, government elements, and notary elements.

Notary Authority to Make Certificate of Heir Based On Notary Positions

Before the Act No. 30 Of 2004 about notary Occupation being progress, there is no special regulation that is becoming the basic for Notary authority to make the Bank statement for heir in practically in Indonesia. After the Act No. 30 Of 2004 about notary Occupation being progress, the notary authority to make the bank statement for heir is not arranged expressly in section 15 sentence (2). In consequence require by an analysis to notary authority in making Bank statement for heir especially after the Act No. 30 Of 2004 about notary Occupation being progress. This research uses the empirical approach juridically. The example is taken by non random purpose sampling. Analyze done by descriptive, to analyze the notary authority in making bank statement for heir after the Act No. 30 Of 2004 about notary Occupation being progress. Target of this research is to know and studying of arrangement of notary authority in making Bank statement for heir in pursuant to number Act No. 30 of 2004 about notary Occupation, the strength of verification of Bank Statement for Her which made by some different notary people to heir in someone to heir and third party and also sanction to notary and notary responsibility if wronging in Bank Statement for Heir. From research result known that base of Notary authority make the bank Statement for Heir customary law since away back caused a notary assumed by as of side knowing about hereditary law, verification Bank Statement depend on wisdom of justice and sanctions and also notary responsibility if wronging in making Bank Statement Heir that is Section 1365 of the Civil Code. Suggested that a notary authority in making Bank Statement Heir formally cover the authority of functional and heir criterion able to make the Bank statement heir before notary.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

Obligation to Keep Confidential Notary Position in Criminal Jurisdiction Process Forgiven Rights & Refuse Obligations

A notary occasionally receives false information from some parties, and then it becomes the basis of the making of authentic Notarial Deed. Notary criminal liability on the Notarial Deed based on false information should be analyzed and examined as well as its legal impacts. Based on the result of this research, it can be identified that a notary cannot be asked for his or her criminal liability related to the making of Notarial Deed based on false information from certain parties, and it cannot fulfill the formulation of counterfeiting criminal act in article 266 paragraph (1) jo. article 55 paragraph (1) of the Criminal Code. A notary can be asked for his or her criminal liability related to his or her Notarial Deed he or she made based on what he or she has seen, witnessed, or experienced in committing a criminal act on purpose, or Negligence; a notary makes a false Notarial Deed and he or she inflicts other parties. Referring to a criminal liability, a notary should fulfill the following elements; a criminal act, ability to be responsible for, committing an act on purpose or absence, and there is no reason for apology. A notary Notarial Deed based on false information does not automatically make the document itself invalid. The party who is inflicted by this document can propose a civil action to the Court of Justice in order to cancel the document. A notary criminal liability should be regulated in the next Notary Authority Act (UUJN).

Obligation to Keep Confidential Notary Position in Criminal Jurisdiction Process Forgiven Rights & Refuse Obligations

A notary occasionally receives false information from some parties, and then it becomes the basis of the making of authentic Notarial Deed. Notary criminal liability on the Notarial Deed based on false information should be analyzed and examined as well as its legal impacts. Based on the result of this research, it can be identified that a notary cannot be asked for his or her criminal liability related to the making of Notarial Deed based on false information from certain parties, and it cannot fulfill the formulation of counterfeiting criminal act in article 266 paragraph (1) jo. article 55 paragraph (1) of the Criminal Code. A notary can be asked for his or her criminal liability related to his or her Notarial Deed he or she made based on what he or she has seen, witnessed, or experienced in committing a criminal act on purpose, or Negligence; a notary makes a false Notarial Deed and he or she inflicts other parties. Referring to a criminal liability, a notary should fulfill the following elements; a criminal act, ability to be responsible for, committing an act on purpose or absence, and there is no reason for apology. A notary Notarial Deed based on false information does not automatically make the document itself invalid. The party who is inflicted by this document can propose a civil action to the Court of Justice in order to cancel the document. A notary criminal liability should be regulated in the next Notary Authority Act (UUJN).

The Notary Liability as a General Officer in Making Banking Credit Agreements

The existence of a Notary must be impartial or neutral, so a Notary in making a deed may not involve himself in the deed, including the making of a deed for his family, also includes the prohibition of involving his family members as witnesses. If the Notary makes a technical error or is proven to have violated the Notary Position Act, from various sanctions depending on what mistakes were made by the Notary. If the Notary is asked by the client to provide the necessary information or advice related to the process of making the deed, if the information or advice given by the Notary is wrong or inappropriate and causes the client's loss, the Notary must be responsible as long as the information provided by the client is also true or not a lie. This study uses a sociological juridical approach.

Juridical Review of Notary Deeds Signing which not Performed Simultaneously by Appearing before Notary

In carrying out the authority, duties and functions of a Notary, as an authentic deed maker, the problem of reading, and signing the parties has been regulated in the Law that regulates . However, in practice, sometimes the parties are unable to attend or cannot attend at the same time because the parties are running urgent business. This study aims to find out the provisions regarding the signing of the deed according to the Notary Position Act, and to find out the legal consequences if the notary deed does not meet the Verlijden principle. The approach method in this research is a normative juridical research method. The method of data analysis using the law is carried out by examining library materials or mere secondary materials. Based on the research, it can be concluded that the implementation of the provisions for signing the deed which is not carried out simultaneously in practice often occurs as long as it is done on the same day, whereas if the day and date of the signing are different, the Notary asks for a power of attorney from parties who are not present by including the contents of the power of attorney.

The Notary Liability as a General Officer in Making Banking Credit Agreements

The existence of a Notary must be impartial or neutral, so a Notary in making a deed may not involve himself in the deed, including the making of a deed for his family, also includes the prohibition of involving his family members as witnesses. If the Notary makes a technical error or is proven to have violated the Notary Position Act, from various sanctions depending on what mistakes were made by the Notary. If the Notary is asked by the client to provide the necessary information or advice related to the process of making the deed, if the information or advice given by the Notary is wrong or inappropriate and causes the client's loss, the Notary must be responsible as long as the information provided by the client is also true or not a lie. This study uses a sociological juridical approach.

Inclusion of Notary Self-Protection Clause in Authentic Deed Reviewed from Notary Department Law and Notary Code of Ethics

A notary is a public official who has a very important role and position in the life of the nation and state. Notaries are authorized to make authentic deeds and have other authorities as referred to Notary Position Law or based on other laws. Authentic deeds made by a notary in practice are often disputed by one party or another because it is considered detrimental to their interests. The existence of a problem between the parties in the notary deed then involves the notary in the examination and settlement process. This makes the Notary dragged by the lawsuit filed by the litigants in the deed. Therefore, Notary public wants to strengthen their own protection by adding /including a self-protection clause in their deed. This study aims to analyze the inclusion of notary self-protection clauses in authentic deed based on the law of notary positions and notary code of ethics. This research is normative and empirical, with data collection tools in the form of document studies and sample collection through interview methods. Types and sources of data consisting of primary data and secondary data. Processing of data by editing and analyzing data by means of quantitative and qualitative analysis. This study uses several approach methods such as: the statute approach, the conceptual approach, the case approach, and the sociological approach. The researcher wants to conduct research at the Notary's office located in the area of Mataram City and West Lombok Regency, West Nusa Tenggara. The results showed that the inclusion of a notary self-protection clause in a notary deed has no legal basis. It can be said that because in Article 38 of the Law on Notary Positions which outlines the systematics of each notary deed, there is no provision that regulates the notary self-protection clause. This is also in accordance with the provisions of Article 53 of the Law on Notary Positions that the notary deed is not allowed to regulate provisions that give rights and/or benefits to the notary himself. Therefore, the inclusion of a notary self-protection clause in the notary deed is considered inappropriate and deviates from existing rules. Keywords: Notary, authentic deed, notary code of ethics, self-protection clause. DOI: 10.7176/JLPG/112-03 Publication date: August 31 st 2021

The Authority Differences of Notary and PPAT in Making of Land Deed Certificate

The purpose of this study is to analyze and explain the Authority of Notaries and PPATs in Making Land Deeds Based on Act No. 2 of 2014 concerning Notary Positions and Government Regulation Number 24 of 2016 concerning Regulations of PPAT Positions. To analyze and explain the legal position of the rights and obligations of a notary based on Act No. 2 of 2014 concerning the Position of a Notary and the legal position of the rights and obligations of a PPAT based on Government Regulation Number 24 of 2016 concerning the Regulation of the Position of a PPAT. The method used by the researcher is normative and The specifications in this study is descriptive. The sources and types of data in this study are secondary data obtained from literature studies related to the theory of authority and legal certainty. Based on the results of the study that the difference between the authority of a notary and a PPAT in making a land deed is the authority of a notary in making the land deed, namely the land deed that is outside the authority of the PPAT as stated in Article 2 paragraph (2) of PP Number 37 of 1998. The authority of the official making the land deed is still limited by various kinds of legislation. Legal Position Rights and Obligations of Notaries and Legal Positions Rights and Obligations of PPAT is the urgency of the right to deny a Notary lies in the obligation of the Notary to carry out the mandate of the UUJN. The position of the Land Deed Maker Official is as an authentic deed maker official, besides that PPAT (Land Deed Making Officer) is also referred to as a secret custodian of the deed (regarding the contents) that has been made in order to maintain the interests of the parties in the deed.

The Authority Differences of Notary and PPAT in Making of Land Deed Certificate

The purpose of this study is to analyze and explain the Authority of Notaries and PPATs in Making Land Deeds Based on Act No. 2 of 2014 concerning Notary Positions and Government Regulation Number 24 of 2016 concerning Regulations of PPAT Positions. To analyze and explain the legal position of the rights and obligations of a notary based on Act No. 2 of 2014 concerning the Position of a Notary and the legal position of the rights and obligations of a PPAT based on Government Regulation Number 24 of 2016 concerning the Regulation of the Position of a PPAT. The method used by the researcher is normative and The specifications in this study is descriptive. The sources and types of data in this study are secondary data obtained from literature studies related to the theory of authority and legal certainty. Based on the results of the study that t he difference between the authority of a notary and a PPAT in making a land deed is the authority of a notary in making the land deed, namely the land deed that is outside the authority of the PPAT as stated in Article 2 paragraph (2) of PP Number 37 of 1998. The authority of the official making the land deed is still limited by various kinds of legislation. Legal Position Rights and Obligations of Notaries and Legal Positions Rights and Obligations of PPAT is the urgency of the right to deny a Notary lies in the obligation of the Notary to carry out the mandate of the UUJN. The position of the Land Deed Maker Official is as an authentic deed maker official, besides that PPAT (Land Deed Making Officer) is also referred to as a secret custodian of the deed (regarding the contents) that has been made in order to maintain the interests of the parties in the deed.

Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020

Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.

The ambiguity of dismissal of notary over bankruptcy in Indonesia

A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.