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.

scholarly journals Role of Notary in Abroad and Indonesia

Jurnal Akta ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 343
Author(s):  
Haingo Rabanirajona
Keyword(s):  
Professional Education ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Human Life ◽  
Moral Principle ◽  
Public Official ◽  
Ethical Values ◽  
Professional Code ◽  
Notary Public

One of the important professions in society is notary. This profession is a special profession because it is a public official in carrying out its duties which is bound by juridical norms and professional code of ethics. The notary code of ethics becomes a moral principle determined by the Indonesian Notary Association (INI) which is the basis for organizing or regulating the notary professional code of ethics in relation to many parties, which of course must be obeyed or obeyed by every member who is bound or binds himself/herself in the association (organization) that. The consequences as a member of this profession must be understood by a notary, because sourced from here, the dignity of the profession can be maintained. The position of the Notary which is urgent in human life makes the process of someone who wants to become an expert notary public important. Therefore, in notarial education, notary ethics should also be considered. So in this case it is emphasized that a professional education without education on responsibility and professional ethics is not complete. In the field of law, technical skills that ignore aspects relating to the responsibilities entrusted to him and his profession in general, as well as ethical values and measurements that must serve as guidelines in carrying out his profession.

scholarly journals Juridical Analysis QR Code Inclusion in Deed Seen From Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 about Notary

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 297
Author(s):  
Angga Hardityo ◽  
Amin Purnawan ◽  
Setyawati Setyawati
Keyword(s):  
Public Interest ◽  
Public Official ◽  
Qr Code ◽  
Legal Certainty ◽  
The Public ◽  
Safeguard Measures ◽  
Notary Public ◽  
The Times ◽  
Modern Era

A public official authorized to make an authentic deed regarding all actions, agreements and statutes that required by regulation or desired by the public interest that is expressed in an authentic deed is a Notary. The competent authorities have the duty and obligation to provide legal certainty on a whim deeds poured in the form of Deed. The times and the modern era such as the present need for security in the Deed to prevent counterfeiting deed, which one of them by using the QR Code in the Deed. Prudence needs to be done by a Notary Public, including keeping the deed of forgery measures. The safeguard measures need to take into account the provisions of legislation, as noted in UUJN Article 38 Paragraph (1) that: "each certificate shall consist of: a. Early Head Deed or Deed, b. Deed Agency, c. Closing the end Deed or Deed. This study aims to: 1) identify and analyze about the inclusion of the QR Code on the terms of the Deed Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary; and 2) determine the position of Deed which included the QR Code on the deed by Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary.Keywords: Analysis of Juridical; QR Code; Deed; Notary Law.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Obligation to Prove Appearer Document Authenticity as Deelneming Claim Exception

2020 ◽  
Vol 9 (3) ◽  
pp. 761
Author(s):  
Agus BUDIANTO ◽  
Jonker SIHOMBING ◽  
Veronica Dini KRISSANTI ◽  
Silvia JAMIN ◽  
Rudy PRAMONO ◽  
...  
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Standard Operating Procedure ◽  
Criminal Code ◽  
Primary Data ◽  
Legal Services ◽  
Public Official ◽  
The Public ◽  
Law And Ethics ◽  
Ethics Code

Notary is a public official who provides legal services to the public. Notary's Authorities are regulated in Article 16 paragraph (1) of Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on Position of Notary. Based on data of Directorate of General Criminal Investigation Metro Jaya in 2014 and 2017, the number of Notaries who were placed as suspects and witnesses of criminal acts and falsification were increased. It was because of the absence of obligation to prove appearer document authenticity as contained in Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. The research was sociological normative by testing the truth of deelneming criminal exception with secondary data, supported by primary data in the form of interviews, using non-random purposive sampling. Theory of lesser evil made Notary is excluded from deelneming claim in Article 55 of Criminal Code on documents falsification, as long as the Public Notary applies 2015 Law and Ethics Code, and ignores Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. Further, he continues to conduct his duties within a standard operating procedure for himself and related agencies when proving the documents in the form of minutes. Therefore, this exception principle in falsification is given conditionally. It applies to Notary if he can prove that he has conducted an act to prove appearer documents).

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 THE PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEED-INGS AS A GUARANTEE OF ENSURING THE EFFECTIVENESS OF LEGAL PROTECTION. SOME REMARKS

2017 ◽  
Vol 28 (1) ◽  
pp. 9-22
Author(s):  
Joanna Misztal-Konecka
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Protection ◽  
Great Caution ◽  
The Rule Of Law ◽  
The Public ◽  
Civil Proceedings ◽  
The Moment ◽  
Civil Matter

The role of the prosecutor in the legal system is traditionally perceived in the context of performing tasks relating to the prosecution of offences and upholding the rule of law. It is worth mentioning, however, that pursuant to Article 7 sentence 1 of the Code of Civil Procedure the prosecutor may petition to institute proceedings in any civil matter as well as participate in any pending proceedings if he considers his presence necessary to protect the rule of law, citizens’ rights or social interest. While the broad competence range of the prosecutor in civil proceedings has been assessed with high criticism in the literature on numerous occasions, it is with great caution that one should view possible tendencies towards exclusion of the prosecutor as an attendant of proceedings, without affiliation to either party, when the public interest calls for their participation. Especially in the cases where the court notifies the prosecutor of the need to participate in proceedings, one ought to conclude that it is the moment when the principle of effective legal protection becomes most fully realized through equalizing the litigious position of the parties and prevention of the occurrence of a defect which might invalidate the proceedings. The author postulates transforming notification of the need to participate in proceedings served on the prosecutor into summons for attending it.

scholarly journals ISSUES ON LEGAL PROTECTION OF PERSONS REPORTING CORRUPTION

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Екатерина Спектор ◽  
YEkatyerina Spyektor ◽  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Research Paper ◽  
The State ◽  
Institutional Framework ◽  
Legal Analysis ◽  
Protective Mechanisms ◽  
The Public ◽  
Compensation Mechanisms ◽  
Health Damage

This research paper explores the issue of legal and institutional framework for the protection of persons reporting corruption offenses in the public interest and to the state. This research is based on comparative legal analysis of the legislation in Russia and China. Authors explore ways of communication (internal and external), the creation of protective mechanisms that ensure safety of persons reporting corruption offenses, and measures to support them. Besides, this research is also aimed at searching solutions for establishing compensation mechanisms for such persons for the suffered material and health damage, which can result from reporting corruption offense.

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