Notary Position Research Articles

Notary Authority in Making Auction Minutes Deeds Based on the Regulation of the Minister of Finance No.90/PMK.06/2016

This study seeks to examine the authority of Notaries to create Auction Minutes Deeds in Indonesia, as well as the evidentiary power of Auction Minutes Deeds, in accordance with Minister of Finance Regulation Number 90 / PMK.06 / 2016. This type of research is normative legal research. As for this study, the authors used a Statue approach, a conceptual approach. The results of the analysis show that a Notary as a Public Official can also hold concurrent positions as a Class II Auction Officer, this is in accordance with Law Number. 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary in Article 15 paragraph (2) letter g, which states that a Notary has the authority to make Deeds of Minutes of Auction based on Minister of Finance Regulation Number 106/PMK.06/2013 concerning Instructions for Conducting Auctions those who state that certain people are Class II Auction Officials are Notaries. A notary who has been appointed as Class II Auction Officer has the authority to make Deeds of Minutes of Auction and carry out auctions. Auction Minutes according to the Regulation of the Minister of Finance Number 90/PMK.06/2016 concerning Guidelines for the Implementation of Auctions with Written Bidding Without the Presence of Auction Participants Via the Internet is the minutes of the auction implementation made by the Auction Official which is an authentic deed and has perfect evidentiary power. Keywords: notary authority, creation of deeds, auction minutes DOI: 10.7176/JLPG/128-01 Publication date: January 31 st 2023

Sanctioning violations of free honorarium services by notary: Is it allowed?

The purpose of this writing is to understand how the standardization of notary honorarium is regulated in the legislation and how sanctions are imposed by the Notary Supervisory Council on violations committed by Notaries related to the provision of free honorarium to their clients. This normative legal research method contains norm problems that occur from the blurring of norms in the Notary Position Law with the Notary Code of Ethics in matters related to notaries being obliged to provide services free of charge to parties who are unable, while there are norms from the Notary Position that do not allow obtaining honorarium below the minimum limit of association regulations. This research contains legal sources, namely; primary, secondary and tertiary legal materials. The results of the study found that the regulation on honorarium that applies to notaries is Article 36 of the UUJN related to the maximum amount of honorarium received by the Notary and Article 37 of the UUJN related to notaries being obliged to provide legal services free of charge, but on the other hand notaries can be subject to code of ethics penalties if they violate the provisions contained in Article 4 number 10 of the KEN related to the lowest limit of honorarium set by the association, Violations related to the honorarium for preparing deeds trigger Notaries to receive Code of Ethics sanctions.

TEMPORARY NON-PERFORMANCE AND TERMINATION OF THE POWERS OF THE PRIVATE PRACTITIONING NOTARY: FATE OF LABOR RELATIONSHIPS

From the standpoint of labor law, the position of a private notary as an employer is considered in cases of suspension of his notarial powers, during a period of temporary replacement, or in the absence for other reasons. It is noted that the temporary restriction of the rights of a notary to perform notarial acts does not affect his legal status in relations regulated by the norms of labor legislation and other branches of law. It is proposed to specify in the Fundamentals of the legislation of the Russian Federation on the notary the powers of the employer during the period of temporary suspension of notarial activities. The grounds for termination of a notary’s powers and related issues of termination of employment relations are also investigated.

The Dialectic of Notary Inheritance Deed Arrangement

Verifying an heir's deed of inheritance is an approach to proving an heir’s legal status. The Indonesian Ministry of Land and Special Planning Regulation No.16/2021 stipulates that a notary can make an inheritance deed for all residents in Indonesia regardless of their ethnic groups. This paper investigates the notary inheritance deed arrangement based on the regulation mentioned above and the challenges notaries still encounter in making an inheritance deed after the regulation’s enactment. The researcher applied normative research with a descriptive approach and utilized secondary data for qualitative analysis. The deductive approach to this research helped the researcher conclude that the authority of notaries to make an inheritance deed as regulated in the Indonesian Ministry of Land and Special Planning Regulation No.16/2021 contradicts their authority as regulated in the Indonesian Law on the Notary Position Act. An in-depth understanding of the customary inheritance law in all Indonesian regions challenges the authority of notaries to make an inheritance deed under the Indonesian Ministry of Land and Special Planning Regulation No. 16/2021.

KEPASTIAN HUKUM KONTRAK ELEKTRONIK YANG DIBUAT OLEH NOTARIS DALAM TRANKSAKSI E-COMMERCE

Notaries in carrying out their duties are required to be normatively guided by the rules of law related to all actions that will be taken and then set forth in a deed. Acting based on the applicable legal rules will give the parties that the deed made before or by a notary is in accordance with the applicable legal rules, so that if a problem occurs, the notary deed can be used as a guideline by the parties. In relation to other powers granted to Notaries in Article 15 paragraph (3) of the Law on Notary Positions regarding cyber notaries, the results of the certification print out can be categorized in electronic documents. Where in Article 1868 Burgerlijk Wetboek, electronic documents must meet the elements of authenticity of a deed. The research method used in this article is normative research, research phase, literature study, and deductive analysis, the types of research approaches used are conceptual approach and statutory approach. The certification of transactions using a cyber notary is legal because it has been regulated in Article 15 paragraph (3) of Law Number 2 of 2014 which authorizes a notary to certify transactions in a cyber notary manner while still taking into account the elements of an authentic deed.Keywords: Authentic deed, Electronic contract, Notary.

Juridical Review of Cancellation of Notary Deed

The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. If it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. But if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. Criminal sanctions are not regulated in the Notary Position Act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the Criminal Code. While civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. Compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation.

Notary, public official or public official: implications for the position of notary

The issue to be discussed is whether there is a shift in the position status of a Notary to a Public Official. A notary is a General public Official according to Notary Office Law. Since Indonesia has acceded to the Apostille Convention, it is necessary to clarify the classification of the Notary position and its implications because the Convention applies to the legal product of Publik Officials. This study discusses whether there is a shift in the position of a Notary to a Public Official and its implications for the Notary Deed, considering the provisions regarding General Public Officials and Publik Officials, including the KIP Law. In conclusion, the classification of Notary occupation, for the sake of legal certainty, as stated in Notary Office Law, is General Public Official. From another perspective, if Notary is classified as a Public Official, this would not immediately force or make the Notary obligated to disclose the Notary Deed they made or the confidential information of the Parties who appear before the Notary.How to cite item: Aisyiah, C., Wisnuwardhani, D. A., (2022), Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3)242-252. doi:10.26905/idjch.v13i3.9012.

The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.

Examination and Confiscation of Notarial Deeds for The Purpose of Criminal Law Enforcement without Approval from The Notary Honorary Council

The Notary’s right of refusal through the approval of the Notary Honorary Council (NHC) hinders the practice of criminal law enforcement because it is absolute and there is no further (final) legal remedy, even though a similar policy (beleid) has been revoked by the Constitutional Court. In practice, the notary cannot be examined by investigators, public prosecutors, or judges, unless they have previously obtained NHC approval, as regulated in Article 66 paragraph (1) of Law Number 30 of 2004 as amended by Law Number 2 of 2014 (Notary Position Law). Even if Notary Honorary Council refuses, then there will only be further legal remedies through a lawsuit by the State Administrative Court. In fact, the provisions regarding the Notary’s right of refusal should be ‘determination’ by court decisions (vonnis) as regulated in Article 170 of the Criminal Code, and not ‘administrative determination’ (beschikking) through NHC approval based on the delegation of supervisory authority from state institutions. This paper concludes that every law enforcer in criminal cases (police, prosecutors, and judges) can examine a Notary with the condition of special permission from the Head of the local District Court, approval of direct interested parties, or NHC approval as stipulated in Article 43 of the Criminal Code in conjunction with Article 66 paragraph (1) of the Notary Position Law. This paper is normative research with a statutory approach, conceptual approach, and case approach.

PERAN NOTARIS PEMBUAT AKTA KOPERASI DALAM PENCEGAHAN PRAKTIK PINJAMAN ONLINE ILEGAL

This Paper aims to explore the role of Notary to preventing the practice of Illegal Online Loans. The Cooperative Deed Maker Notary (NPAK) has a role preventing Illegal Loans through the stages of establishing a Cooperative Legal Entity. In practice, Illegal Online Lenders usually use the status as a Savings and Loan Cooperatives on its establishment. Many party who misuse it and against some of the rules based on the establishment of a Cooperative based on Law no. 25 of 1992 concerning Cooperatives. Authority of a Notary under the Law on Notary Positions ("UUJN") is authorized to provide legal counseling in making the Deed of Establishment of Cooperatives. This can be used as a Notary as a forum to verify the parties in their purpose of establishing a Savings and Loans Cooperative.

PERLINDUNGAN HUKUM BAGI PENERIMA WASIAT TERHADAP NOTARIS YANG TIDAK MENDAFTARKAN DAN MELAPORKAN AKTA WASIAT

One of the powers of a Notary is to be able to make a will as mandated in the UUJN, including making a will before witnesses as regulated in Article 939 paragraph (4) of the Civil Code and making a will without witnesses as regulated in Article 939 paragraph (2) of the Civil Code. A Notary in carrying out a legal action must always act carefully so that the Notary before making a deed must examine all relevant facts in his consideration based on the applicable laws and regulations. The making of a will by a Notary must pay attention to all the provisions regulated or determined in the provisions of the legislation governing the implementation of a will. So that in the future nothing happens that can harm the parties which can then also harm the Notary who made the will. This study focuses on discussing legal protection for will recipients against notaries who do not report a will. This study uses a normative juridical method with a statutory approach and an analytical approach. Legal protection for the beneficiary against a Notary who does not report the list of deeds, namely preventive legal protection and repressive legal protection. If in the making of the will, the requirements and elements have been determined as stipulated in the Civil Code and the Law on Notary Positions, then legal protection for the beneficiary will still exist and reporting is an administrative requirement that must be met.

The Notary Authorities to Act as an Waqf Pledge Deed Official (PPAIW) Based on the Waqf Law

Waqf as one of the legal acts that has long lived and implemented in society, whose arrangements are incomplete and are still scattered in various laws and regulations. The role of the Notary in the waqf legal actions that have been running so far is related to the ratification of the nazhir legal entity. This study aims to determine the implementation of the making of the Waqf Pledge Deed carried out by a Notary who acts as the Official for Making Waqf Pledges (PPAIW), and to find out the Authority of a Notary to act as the Official for Making Waqf Pledges (PPAIW). This research is a descriptive research. Descriptive research aims to accurately describe the characteristics of an individual, condition, symptom or certain group, or to determine the spread of a symptom, or to determine whether there is a relationship between symptoms and other symptoms in society. Implementation of making the Deed of Waqf Pledge carried out by a Notary as PPAIW which is as stated in the explanation of the provisions of the Law on Notary Position Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position.

NOTARIAL DEEDS RELATED TO DEFAULTS, FRAUD AND EMBEZZLEMENT

The aim of this study is to find out the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) can be charged to one of the parties in the agreement made by the notarial deed is considered to have committed default. This study uses normative juridical methods, which means that this study focuses on favourable laws such as Law No. 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary, the Civil Code, the Criminal Code, and other laws and regulations. Based on analysis, the results of this study revealed that if one of the parties in the agreement made by his notarial deed is considered to have committed a default, it cannot be charged with the crime of fraud (Article 378 of the Criminal Code) and the criminal act of embezzlement (Article 372 of the Criminal Code) based on Article 11 of Law No. 12 of 2005 concerning ratification of the International Covenant on Civil and Political Rights. Some judges' decisions with loose verdicts (slag van all rechttsvervolging), i.e., the act charged is proven, but the act of default does not constitute a criminal offence.

THE ESSENCE OF GRANTING THE RIGHT OF DENIAL FOR NOTARY OFFICIALS IN LAW ENFORCEMENT PROCESSES

Article 4 and Article 16 paragraph (1) letter f of UUJN oblige a Notary to maintain the confidentiality of everything about the deed he or she made as well as all information obtained that is necessary for making the deed in accordance with their oath of office, unless the law provides otherwise. This research aims to examine the essence of the right of denial for notaries in performing duties in accordance with the UUJN and to examine the consequences of the right of denial for notaries in the law enforcement process. The type of research used in this research is normative legal research and the approach used in this research is a statute approach and a legal concept approach. Based on analysis, it was found that if a Notary, who has been given the trust and has been sworn in in accordance with Article 4 of the UUJN concerning the Oath of Notary Position and also Article 16 paragraph (1) letter e of the UUJN concerning Notary Obligations, keeps the contents of the deed a secret, violating the oath, then he or she may be penalized. The consequence of the secrecy of the position held by a Notary in terms of providing testimony about the status of their right of denial is that the notary concerned will be disqualified if then the judge still rejects the application for the right of denial of the Notary in the trial, outside the exception to the law.

Penyelesaian Sengketa Rumah Susun Yang Masih Terikat PPJB Oleh Pengembang Nakal Yang Melakukan Wanprestasi

The high demand for housing and the lack of human income causes the construction of flats to increase, because the cost is cheaper and usually many buyers can only afford a down payment or down payment. Because the purchase cannot be carried out, the party can make a binding agreement as a preliminary agreement for the sale of flats. PPJB is carried out in a condition where the building is not completely finished, which is 20%. Sales through PPJB cause many laws that harm prospective buyers, one of the problems is facing the sale and purchase binding deed because the developer is in default. It is said to be in default because the developer did not heed the agreement. To minimize the loss of potential buyers, there must be clear and definite law enforcement that can provide justice and legal protection. The purpose of this legal research is to determine the protection aspect of land law due to default. This study uses a normative juridical legal research method with a conceptual and legal application approach to fulfill views and doctrines as the basis for legal arguments on legal issues that must be investigated. Results Based on the research, it is known that the making of PPJB for Houses/Condos made by a notary based on PERMENPUPR Preliminary System for Sale and Purchase of Houses/Sarrusun Reflects as legal certainty and the Notary is obliged to make a PPJB deed in accordance with what has been determined in PERMENPUPR Preliminary Agreement System for Sale and Purchase of Houses/Sarusun, with still refer to Article 38 of the Law on the Position of Notary and its Amendments

The Concept of Baligh Perspective of Fiqh and Positive Law

This paper aims to elaborate the concept of baliqh from the perspective of fiqh and Positive Law in Indonesia as the fuqaha's opinion about baligh and adult in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, Law No. 24 of 2013 concerning Population Administration and Law No. 35 of 2014 concerning Child Protection. The research method used is a literature study by tracking, comparing and analyzing doctrinal normative law through a qualitative approach in content analysis about baligh and adulthood. The results of the research revealed that baligh in fiqh with the rusyd benchmark when referring to the signs of puberty, namely ihtilam (wet dreams for men), menstruation (for women), hair growth around the pubic and age ranges from 15 to 19 years. Whereas, in the Indonesian Positive Law, adults are classified based on interests, namely adults for marriage age limit of 19 years for men and women, adults to have population administration (KTP), driver's license and have political rights at the age of 17 years. To determine the limit of children, notary position and citizenship age 18 years while income tax, free from guardianship and recognized as labor at the age of 21 years. The determination of the limits of puberty and adulthood is included in the category of mashlahah 'ammah, namely the general benefit that concerns the interests of many people.

Tindak Pidana Dugaan Pemalsuan Akta Otentik Dan Keadaan Perlindungan Hukum Notaris

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

Position, Tenure And Responsibility Of The Notary In Carrying Out The Position Of Notary

Notary, as authentic deed-makers, has a vital role in people's lives. It is because society needs someone whose information is reliable and trustworthy, whose signature and seal (stamp) can provide solid guarantees and evidence, an impartial expert and an adviser who has no defects, who shuts up and makes an agreement that can protect in the days to come. The position of the notary must provide legal certainty services in the form of doing authentic deeds and making land deeds; in their duties, two main functions, namely the first notary has legal certainty responsibility to the public for any ratification of legal bindings, and the second is that the notary has the authority granted by law as a state official to provide legal reinforcement for legal bindings, which in the end gives peace and a sense of security to the community. The notary's responsibility is determined by the nature of the violation, the legal consequences it causes, and the potential mandatory risks. Therefore, Notaries, in carrying out their positions, doing authentic deeds, and others, apparently made mistakes, so what is used beeps fout is a unique term addressed to errors made by professionals with particular positions, such as Notaries whose mistakes are made carrying out the job.

NOTARY ROLE IN ONLINE REGISTRATION IMPLEMENTATION OF FIDUCIARY GUARANTEE ON CREDIT AGREEMENTS

This study aims to determine the Notary's role toward creditors in the online registration of the Fiduciary Guarantee Deed and the Notary's responsibility if there is an error in the online registration of the Fiduciary Guarantee Deed. Empirical legal research is conducted in this study using a descriptive design that includes field and library research, utilizing a qualitative data analysis approach. The findings of this study suggest that notary play a significant role in people's lives, particularly when creating authentic deeds following statutory requirements. A notary is authorized by the Law on Notary Positions to create an authentic deed to provide legal protection and certainty. A notary's role is crucial in everyday transactions involving agreements, including those involving fiduciary guarantees. A notary's duties in the online registration of a fiduciary guarantee include creating the fiduciary guarantee deed and acting as the fiduciary recipient, or the person who accepts the creditor's power of attorney to register the fiduciary guarantee. The online Fiduciary Guarantee registration process is connected to 3 (three) different types of notary liability. Given their significant role in the online registration of fiduciary guarantees, notary must follow the precautionary principle to reduce the possibility of mistakes when preparing the deed and to register the fiduciary.

THE VALIDITY OF THE NOTARY DEED TO REVIEW A TYPE OF ERROR USING A PEN ERASER

The authority of a notary is governed by the Notary Position Act in article 15 paragraph (1). In terms of erasing using a pen eraser, is not allowed and is not regulated in the Notary Position Act. However, if the minutes and copies of the deed remain the same, then the error in the deed is not a substantive error and there is no lawsuit against it. Therefore, the deed is still valid as an authentic deed. Regarding the legal consequences, whether a Notary deed is an authentic deed or not, will be decided by a judge in court.