scholarly journals NOTARIS DALAM STATUS TERPIDANA YANG MASIH MENJALANKAN JABATANNYA

2020 ◽  
Vol 7 (1) ◽  
pp. 16
Author(s):  
Franky Roberto Gomies
Keyword(s):  
Drug Abuse ◽  
Public Official ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
The Public ◽  
Legal Position ◽  
Notary Public ◽  
Administrative Sanctions

The purpose of this study is to determine the authority of a Notary Public in the period of parole in carrying out his position as a public official making an authentic deed and knowing the legal position of an authentic deed made by a Notary during the parole who performs the duties of a Notary Public. This type of research is normative juridical by using the statutory approach, conceptual approach and case approach. From the results of the study note: First, the position of notary public, besides being a public official as well as a public official, so a notary must always maintain his honor and dignity and have a good personality. When a notary public commits a criminal offense, the Notary Position Act will also impose administrative sanctions. Of the cases examined in this study, a notary was sentenced to a criminal sentence for drug abuse, returning to his position as a notary public to serve the public while undergoing a period of parole. This is due to the negligence of the notary Supervisory Council that has been formed in stages starting from the Regional Supervisory Council, Regional Supervisory Council and Central Supervisory Council, which does not carry out its duties, functions and obligations properly. The two acts of notary that have legally lost their authority but re-practiced and served the community are acts that are carried out without authority so that the deed they make does not have power as an authentic deed.

scholarly journals Legal position of a notary public and specific features of his professional liability insurance

2020 ◽  
Vol 36 (4) ◽  
pp. 7-30
Author(s):  
Slobodan Jovanović
Keyword(s):  
Public Services ◽  
Legal Theory ◽  
Liability Insurance ◽  
Professional Liability ◽  
Public And Private ◽  
The Public ◽  
Legal Position ◽  
Public Setting ◽  
Notary Public ◽  
Insight Into

The legal position of a notary public and the types of services he provides crucially affect the complexity of his liability, which arises from performing legally prescribed activities. Actions to protect and realize the public and private interest for a fee represent a risk from which the professional liability of a notary public may arise, which is equated with errors and omissions insurance. This leads to multiple types of liability: civil, disciplinary, offence and criminal. In this paper, the author explores the interest of the state, parties and notaries public in relation to the performance of notary public services to the extent relevant to this paper, the legal basis and manner of concluding professional liability insurance of notaries public, setting cover limits and some specific excluded risks and specific features of occurrence of insured event in professional liability insurance by getting an insight into comparative legal solutions of the law regulating notary public services, and finally the views of domestic and foreign legal theory.

scholarly journals AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 223
Author(s):  
Roeri Andriana ◽  
Munsyarif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Supervisory Board ◽  
Legal Protection ◽  
Field Research ◽  
The State ◽  
Public Official ◽  
Qualitative Data Analysis ◽  
Notary Public ◽  
Administrative Sanctions

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.

scholarly journals Tanggung Jawab Ahli Waris Notaris dan Perlindungan Hukum terhadap Penghadap atas Protokol Notaris yang Hilang atau Rusak

2021 ◽  
Vol 13 (1) ◽  
pp. 279
Author(s):  
Bimo Lahkoro Anugroho
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Public Official ◽  
Conceptual Approach ◽  
Loss And Damage ◽  
Notary Public ◽  
The Republic

This paper focuses on the topic of what is the responsibility of heirs who not submit notary protocols when the protocol is lost or damaged ?,  What is the form of legal protection for notary clients or clients when the deed is lost or damaged? The method used in this paper is a normative juridical approach, using a statutory approach, conceptual approach, and case approach. The results of this paper indicate that the notary as public official who is in charge of making authentic deeds in his duties is also attached to the obligations to maintain the Notary Protocol. The Protocol shall be maintained and guarded properly by the Notary concerned or by the Notary Holder of the Protocol, and will remain in effect as long as or as long as the Notary's office is still required by the State. The form of the responsibility of a notary public or notary's heir for the notary's protocol when the deed is damaged or lost by negligence or deliberately related to the legal protection obtained by the applicant (client) for his deed at a later date. Then the notary concerned will be held accountable by making a report to the police for loss and damage, sending a report to the Minister of Law and Human Rights of the Republic of Indonesia regarding the condition of loss or damage then waiting for action to continue in the settlement process.

scholarly journals Legal Review Of Malpractice Notary In The Notary’s Deed

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 647
Author(s):  
Enriko Silalahi ◽  
Akhmad Khisni
Keyword(s):  
Code Of Ethics ◽  
Supervisory Board ◽  
Secondary Data ◽  
Primary Data ◽  
Public Official ◽  
Criminal Offense ◽  
Library Studies ◽  
Notary Public ◽  
Administrative Sanction

Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability

scholarly journals NOTARY RESPONSIBILITY FOR ELECTRONIC STORAGE OF NOTARY PROTOCOLS

2021 ◽  
Vol 8 (1) ◽  
pp. 60
Author(s):  
Ngadino Ngadino
Keyword(s):  
Public Official ◽  
The Public ◽  
Procedural Law ◽  
System Technique ◽  
Show Evidence ◽  
Electronic Storage ◽  
Card System ◽  
Notary Public ◽  
Materials Used ◽  
Binding Power

The notary protocol is a state archive that must be kept and guarded by a notary public. Due to security concerns, maintenance costs and the size of space required further electronic storage of notary protocols can be carried out. This legal research uses a normative juridical approach as a result of the absence of norms. The technique of using legal materials used is the card system technique. The results show that the notary protocol that is stored electronically is important to do considering the duties of a notary as a public official who has the task of searching for the public in the field of civil cases so that the state must make rules regarding the storage of notary electronic protocols in its arrangement with Cyber Notary. The mechanism is to use the transfer media in digital form or scanning. The strength of notary protocol evidence stored in the field of civil law only functions as a backup, not as an electronic one which has binding power because it does not meet the requirements for document authenticity as regulated in Article 1 paragraph. 7 of the Amendments to the Law on Notaries and Article 1868 of the Civil Code and in the field of criminal procedural law, namely that it can be evidence to show evidence that shows other evidence.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Sanksi Bagi Notaris Yang Mempromosikan Jabatannya Pada Sosial Media

2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
Meishell Njoto
Keyword(s):  
Social Media ◽  
Research Method ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
Legal Consequences

Notary plays an important role in making authentic deed in Indonesia. Notaries are often referred to occupying honorary positions as general or state officials. As the holder of an honorary position trusted by the public to make an authentic deed, the Notary must comply with the applicable laws and the Code of Ethics. Obligations and prohibitions of Notaries have clearly been regulated in UUJN and Notary Ethics Code, but that does not mean there are no Notaries who violate these rules. In order to find out what the legal consequences of a notary who violated social media promotion, the authors conducted this research. The research method used in this study is normative legal research. Normative legal research is legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures. Which means this research examines secondary data material or does a literature review. The approach used in this study is the statutory approach and the conceptual approach. The result of this research is the prohibition on promotion through social media which actually has been regulated in various rules regarding notaries along with the legal consequences if the Notary Public violates these rules.

scholarly journals Kewajiban Dan Tanggung Jawab Notaris Sebagai Pejabat Umum

Acta Comitas ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Abdullah Dian Triwahyuni
Keyword(s):  
Social Services ◽  
Ethical Behavior ◽  
Public Official ◽  
Conceptual Approach ◽  
Administration System ◽  
Administrative Systems ◽  
Notary Public ◽  
Materials Used ◽  
The Aesthetic ◽  
Laws And Regulations

The position of notary has been regulated in Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN-P). Even so, philosophical and technical notary obligations and responsibilities are not regulated in detail in these laws and regulations, leading to the absence of a barometer that becomes a standard for notary behavior, notary office administration system, and notary office governance that applies universally. This has caused in some instances negative views on the notary profession in the community. One of the negative views is because the morality of the notary is not in tune with ethical behavior in society. Negative views also arise due to the administration of notary office administration and the layout of the notary office that does not meet the aesthetic element. The situation made the notary public seem unprofessional in providing social services in his function as a public official. Then what should be the notary morality? How about a good notary office administration? How should the notary manage his office? The writing of this article uses normative research using a positive legal approach and a conceptual approach. Sources of legal materials used are primary legal materials and secondary legal materials. Legal materials were analyzed using descriptive techniques. The results of this study indicate that there are not yet detailed and universal rules regarding the obligations and responsibilities of notaries sociologically and technically in providing social services, but the values ??that live and develop in society can be used as benchmarks for notary behavior and administrative systems notary office and notary office governance.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NOTARIS YANG TERINDIKASI TINDAK PIDANA PEMBUATAN AKTA OTENTIK

2016 ◽  
Vol 95 ◽  
Author(s):  
Heriyanti ,
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Public Authority ◽  
Criminal Case ◽  
Criminal Offense ◽  
The Public ◽  
Notary Public ◽  
Government Authority

Abstract This article will describe how the legal protection of the notary who indicated a criminal offense in connection with the authentic deed made. To implement articles of the Criminal Code by Prosecutors and judges in order to drag notary into criminal case because Indonesia’s Law Number 2 of 2014 does not contain the who was appointed and dismissed by the public authority (government) and was given the authority and the obligation to serve the public, and therefore he participate to implement a government authority. the research conclusion describe that the legal protection of the Notaries in performing his respective which include right of refusal, liabilities broken and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of the Honorary Council of Regional Notary Keywords: legal protection, notary public, criminal act, authentic deed Abstrak Artikel ini akan mendeskripsikan bagaimana perlindungan hukum terhadap notaris yang terindikasi tindak pidana sehubungan dengan akta otentik yang dibuatnya. Penuntut umum dan hakim pada umumnya menerapkan pasal-pasal tertentu dalam Kitab Undang-undang Hukum Pidana (KUHP) untuk menyeret notaris ke dalam perkara pidana karena Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris (UUJN) sama sekali tidak memuat konsep dan sistem pertanggungjawaban pidana notaris.Jabatan notaris adalah jabatan publik karena notaris diangkat dan diberhentikan oleh pemerintah. Notaris menjalankan tugas negara dan akta yang dibuatnya, yaitu minuta (asli akta), merupakan dokumen negara. Di Indonesia, notaris disebut sebagai Pejabat Umum karena diangkat dan diberhentikan oleh kekuasaan umum (pemerintah) dan diberi wewenang serta kewajiban untuk melayani publik dalam hal-hal tertentu, dan oleh karena itu ia ikut melaksanakan kewibawaan pemerintah. kesimpulan bahwa perlindungan hukum terhadap Notaris dalam menjalankan tugas jabatannya selaku Pejabat Umum dapat dilihat dalam beberapa instrumen yang mencerminkan hak-hak istimewa notaris, antara lain berupa hak ingkar, kewajiban ingkar dan hak ekslusif ketika dipanggil untuk dimintai keterangan oleh penyidik, penuntut umum atau hakim, yakni harus dengan persetujuan Majelis Kehormatan Notaris Daerah. Kata kunci: perlindungan hukum, notaris, tindak pidana, akta otentik

scholarly journals PROFESSIONAL ETHICS AND LEGAL PROTECTION FOR NOTARY

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Soegianto Soegianto
Keyword(s):  
Public Interest ◽  
Professional Ethics ◽  
Legal Protection ◽  
Public Official ◽  
Ethical Values ◽  
Human Beings ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
General Regulation

Notary is a profession that is authorized to make authentic deeds about all deeds, agreements and stipulations required by a general regulation or by the interested parties to be stated in an authentic deed, guarantee the certainty of the date, keep the deed and give the grosse, copies and quotations. Basing on the moral and ethical values of the Notary, carrying out the position of the Notary Public is a service to the community (client) independently and not taking sides in the field of notary, whose service is lived as a vocation based on the spirit of devotion to fellow human beings for the public interest and rooted in respect for dignity humans in general and notary dignity in general. In exercising its authority as a Public Official who makes an authentic deed, the Notary Public must uphold the Notary Ethics Code and be protected by Act Number 2 of 2014 amending the Law Number 30 of 2004 concerning the Position of Notary.

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