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Silalahi, Enriko, and Akhmad Khisni. "Legal Review Of Malpractice Notary In The Notary’s Deed." Jurnal Akta 5, no. 3 (September 5, 2018): 647. http://dx.doi.org/10.30659/akta.v5i3.3237.
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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
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Athalye, Anish, Adam Belay, M. Frans Kaashoek, Robert Morris, and Nickolai Zeldovich. "Notary." GetMobile: Mobile Computing and Communications 24, no. 2 (September 29, 2020): 34–38. http://dx.doi.org/10.1145/3427384.3427395.
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Subagta Tolinggar, Vina Ayu, and Pieter Latumenten. "Urgensi Penggunaan Remote Notary Oleh Notaris Pasca Pandemi Covid-19." JURNAL USM LAW REVIEW 5, no. 2 (November 6, 2022): 663. http://dx.doi.org/10.26623/julr.v5i2.5171.
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<p><em>The purpose of this study is to determine the validity of the use of electronic systems, especially Remote Notary in carrying out their work against applicable regulations and the importance of this system in the future. The role of notaries is very important in the implementation of the government system in Indonesia to improve the performance of notaries, so the use of electronics helps during the pandemic and post-Covid-19 period. Where people are used to keeping their distance, working from home, online and other online activities. This research is expected to provide solutions to problems related to the use of Remote Notary for Notaries in Indonesia. This study uses a normative juridical method. This research has a novel perspective because it analyzes the electronic system at a Notary whose entire series of processes is carried out via online called Remote Notary and the difference in terms with cyber notary/e-notary. The results of this study can be concluded that Electronic notary (E-notary) is a wise choice to deal with this, but this provision is doubtful because it is not explicitly stated in the body of the UUJN even though regulations in Indonesia have facilitated this system. and other countries are facing the pandemic with the E-Notary method called Remote Notary. Also, the use of Remote Notary is effective because Notaries can carry out all the processes of making deeds, certifications and so on only through one online application.</em></p><p> </p><p>Tujuan penelitian ini untuk mengetahui keabsahan penggunaan sistem elektronik khususnya <em>Remote Notary</em> dalam menjalankan pekerjaannya terhadap peraturan yang berlaku dan pentingnya sistem ini untuk kedepannya. Peran notaris sangatlah penting dalam pelaksanaan sistem pemerintahan di Indonesia untuk meningkatkan performa kinerja notaris maka penggunaan elektronik membantu dimasa pandemi maupun pasca Covid-19. Dimana masyarakat telah terbiasa untuk menjaga jarak, <em>work from home, daring</em> dan kegiatan secara <em>online</em> lainnya. Penelitian ini diharapkan dapat memberikan pemecahan masalah terkait penggunaan <em>Remote Notary</em> untuk Notaris di Indonesia. Penelitian ini menggunakan metode yuridis normatif. Penelitian ini mempunyai kebaharuan perspektif karena menganalisis tentang sistem elektronik pada Notaris yang seluruh rangkaian proses dilakukan melalui <em>online</em> disebut <em>Remote Notary</em><em> </em>dan perbedaan istilah dengan <em>cyber notary/e-notary</em>. Hasil penelitian ini dapat disimpulkan bahwa sistem ini menjadi pilihan yang bijak menghadapi hal tersebut, namun ketentuan ini diragukan karena tidak tercantum secara eksplisit pada batang tubuh UUJN meskipun peraturan di Indonesia sudah memfasilitasi sistem ini dan negara-negara lain menghadapi pandemi dengan metode <em>E-Notary</em> yang disebut dengan <em>Remote Notary. </em>Serta, penggunaan <em>Remote Notary</em> efektif karena Notaris dapat melakukan semua rangkaian proses pembuatan akta, sertifikasi dan sebagainya hanya melalui satu aplikasi secara <em>online</em>.</p><p><strong> </strong></p><p> </p><p align="center"> </p>
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Setiadewi, Kadek, and I. Made Hendra Wijaya. "LEGALITAS AKTA NOTARIS BERBASIS CYBER NOTARY SEBAGAI AKTA OTENTIK." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 126. http://dx.doi.org/10.23887/jkh.v6i1.23446.
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Legalitas Akta Notaris Berbasis Cyber Notary Sebagai Akta Otentik sebagai perkembangan dunia Teknologi Informasi dan Komunikasi (Information Comunication Technology) sebagai tuntutan terhadap peran notaris dalam menggunakan konsep cyber notary agar tercipta suatu pelayanan jasa yang cepat, tepat dan efesien, sehingga mampu mempercepat laju pertumbuhan ekonomi berdasarkan Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Undang- Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik, namun dalam keadaad dewasa ini Akta notaris yang menggunakan cyber notarytidak memiliki pembuktian yang sempurna layaknya akta otentik, hal tersebut karena akta notaris dengan menggunakan cyber notary tersebut tidak memenuhi syarat keotentikan suatu akta yang tertuang dalam Pasal 1868 KUHPerdata
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Dita Darmaangga, I. Dewa Gede Cahaya, and I. Dewa Ayu Dwi Mayasari. "Legalitas Peresmian Akta Notaris Berbasis Cyber Notary Melalui Media Konferensi Zoom." Acta Comitas 6, no. 01 (April 19, 2021): 185. http://dx.doi.org/10.24843/ac.2021.v06.i01.p16.
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This study aims to find out about the legality of the inauguration of cyber-based notary deeds through the Zoom Conference media and the legal consequences of notarial deeds inaugurating the Zoom Conference media. The research method used is normative legal research methods that use a statutory approach and analysis of legal concepts based on primary and secondary legal materials. The study result show that according to Article 1868 of the Civil Code stipulates that the making of an authentic deeds is made is the presence of an authorized public official. Homeever, when referring to the explanation of Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary Public, there is no clarity regarding the explanation regarding electronic certification (cyber notary) whether tappers must remain physically present in front of a notary or may not ignore it virtually. Regarding the inauguration of deeds through the Zoom Conference media, its is necessary to have clearer regulations regarding the concept of cyber notary in the world of notary so that notaries can carry out their duties without violating laws and regulations. The concept of cyber notary, in the inauguration of the deed, it is felt that there is a need for regulations that clearly regulate how the terms or conditions in the inauguration of authentic deeds/notaries are carried out using the concept of cyber notary, one of which is the Zoom Cenference media.
Studi ini bertujuan untuk mengetahui mengenai legalitas peresmian akta Notaris berbasis cyber notary melalui media Konferensi Zoom dan akibat hukum peresmian akta otaris dilakukan dengan media Konferensi Zoom. Metode penelitian yang digunakan yaitu dengan metode penelitian hukum normatif yang menggunakan pendekatan perundang-undangan serta analisis konsep hukum dengan bersumber pada bahan-bahan hukum primer maupun sekunder. Hasil studi menunjukan bahwa menurut Pasal 1868 KUHPerdata menentukan mengenai pembuatan akta otentik tersebut dibuat dihadapan pejabat umum yang berwenang. Tetapi apabila merujuk terhadap penjelasan Pasal 15 ayat (3) Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris tidak ada kejelasan mengenai penjelasan mengenai sertifikasi elektronik (cyber notary) apakah para penghadap harus tetap hadir secara fisik dihadapan notaris ataukah boleh tidak melaikan secara virtual. Terkait dengan peresmian akta melalui media Konferensi Zoom maka diperlukan adanya pengaturan lebih jelas mengenai konsep cyber notary dalam dunia kenotariatan agar notaris dapat menjalankan tugas jabatannya tanpa menyalahi undang-undang dan peraturan perundang-undangan. Konsep cyber notary ini dalam peresmian akta dirasa perlunya ada pengaturan yang mengatur dengan jelas bagaimana ketentuan atau syarat dalam peresmian akta autentik/notaris yang dilakukan dengan menggunakan konsep cyber notary salah satunya adalah media Konferensi Zoom.
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Akhmad Abdul Azis Zein. "PENERAPAN CYBER NOTARY DALAM PEMBUATAN AKTA AUTENTIK MENURUT UNDANG – UNDANG JABATAN NOTARIS." Jurnal Akta Notaris 1, no. 1 (November 22, 2022): 01–14. http://dx.doi.org/10.56444/aktanotaris.v1i1.188.
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Perkembangan teknologi informasi ini telah memberikan dampak yang cukup signifikan yang memberikan kemudahan dan efisiensi antara manusia tidak terbatas. Salah satu aspek yang terdampak adalah di bidang hukum terutama di bidang Kenotariatan. Salah satu pemanfaatan teknologi dalam peningkatan pelayanan publik adalah adanya Cyber Notary. maka penulis tertarik melakukan penelitian dengan judul “Penerapan Cyber Notary Dalam Pembuatan Akta Autentik Menurut UUJN” permasalahanna Bagaimana pengaturan pelaksanaan keabsahan Akta Autentik yang terbit melalui praktik Cyber Notary, Bagaimana penerapan konsep Cyber Notary Dalam Pembuatan Akta Autentik menurut UUJN dan Bagaimana hambatan dan upaya dalam mengatasi penerapan Cyber Notary di Indonesia. Notaris Menurut Pasal 1 (1) UUJN ialah pejabat umum yang memiliki wewenang membuat akta otentik yang tidak dimilik pejabat yg lain. Cyber Notary adalah konsep yang memanfaatkan kemajuan teknologi bagi para Notaris untuk membuat akta otentik dalam dunia maya serta menjalankan tugasnya setiap hari. Penelitian dapat disimpulkan bahwa Pengaturan Pelaksanaan Keabsahan Akta Autentik Yang Terbit Melalui Praktik Cyber Notary secara umum telah diatur di dalam ketentuan UU ITE). Namun secara khusus berkaitan dengan pelaksanaan cyber notary belum terdapat UU yang mengaturnya.
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Ngadino, Ngadino. "NOTARY RESPONSIBILITY FOR ELECTRONIC STORAGE OF NOTARY PROTOCOLS." Jurnal Pembaharuan Hukum 8, no. 1 (March 17, 2021): 60. http://dx.doi.org/10.26532/jph.v8i1.15235.
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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.
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Andhira, Johan Rahmanda, and Akhmad Budi Cahyono. "SISTEM PELAPORAN AKTA BERBASIS CYBER NOTARY SEBAGAI SARANA PENINGKATAN KUALITAS PELAYANAN NOTARIS." PALAR | PAKUAN LAW REVIEW 7, no. 2 (November 16, 2021): 341–54. http://dx.doi.org/10.33751/palar.v7i2.4211.
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Abstrak Cyber Notary seharusnya tidak hanya terbatas dalam pembuatan akta secara digital, tetapi juga kepada peran pengawasan, kontrol dan penyuluhan yang memberikan manfaat bagi Organisasi Notaris Indonesia. Pasal 4 angka 16 Kode Etik 2015 menyatakan bahwa Notaris wajib membuat akta dalam jumlah batas yang wajar sebagai perwujudan pelaksanaan Undang-Undang. Namun pelanggaran pasal ini masih sering ditemukan. Terdapat banyak faktor penyebab kerap terjadinya pelanggaran. Seharusnya pelanggaran ini dapat dihentikan dengan pengawasan, tetapi pengawasan terhadap hal tersebut belum dapat berjalan sebagaimana mestinya. Dengan bentuk yuridis normatif, penelitian ini bertujuan untuk memberikan solusi pengawasan Majelis Pengawas atas keterbatasan jarak, waktu dan tenaga manusia dari tingkat wilayah hingga pusat. Sebagai sistem cyber notary yang komprehensif, sudah selayaknya ada sistem database akta berbasis aplikasi / website yang didukung peraturan perundang-undangan khusus dengan komitmen peningkatan kualitas pelayanan kepada para pengguna jasa Notaris. Kata kunci: Cyber Notary, Sistem Database Akta, Pengawasan Abstract Cyber Notary should have not been limited to digital acts, but also towards means of surveillance, control, and information which benefits to Indonesian Notary Organization. Article 4 clause 16 Ethical Code of 2015 stated that Notary obliged on making a certain allowable number of acts in comply to the Law. However, the surveillance in this matter hasn’t yet performed as it should be. There are a lot of factors that affects how this violation keeps happening. Every breach in regulations should have been managed by proper supervision. But given the current conditions, supervisions were inadequate. With normative juridical study, the purpose of this research is to provide The Overseer Assembly a solution regarding adversaries such as distance, time, and manpower from regional to national on performing their authority. Consequently, as a comprehensive cyber notary system, the need of deed database system should be supported by specific regulations and rules as a commitment in improving service quality to the Notary service users. Keywords: Cyber Notary, Deed Database System, Surveillance
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Budiman, Natalia, Ni Made Ayu Sekar Kinasig, Tang Monica Christina Pangandaheng, and Aida Qothrin Nada. "The validity of the notary's self-safety clause in the notary deed." Jurnal Cakrawala Hukum 13, no. 3 (December 28, 2022): 300–307. http://dx.doi.org/10.26905/idjch.v13i3.8616.
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The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.How to cite item: Budiman, N., Kinasig, N.M.A.S., Pangandaheng, T.M.C., Nada, A.Q., (2022). The validity of the notary's self-safety clause in the notary deed. Jurnal Cakrawala Hukum, 13(3)300-307. doi:10.26905/idjch.v13i3.8616.
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Iriantoro, Agung. "The Notary Law Politics in the Notary Position Act." Jurnal Akta 9, no. 3 (October 13, 2022): 290. http://dx.doi.org/10.30659/akta.v9i3.26671.
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This study aims to determine the legal politics of the political aspects behind the process of forming laws and policies in a particular field, as well as greatly influencing the performance of relevant government institutions in that field in applying the provisions of legal products and policies, and also determine the policies of these institutions in a practical and operational setting. This research is a qualitative research with a normative juridical approach. Notary activities in Indonesia are heavily influenced by politics and law itself. The conclusion is that political influence can be seen from the making of a political product in the form of a special law that regulates the position of a notary, namely Act No. 2 of 2014 jo. No. 30 of 2004 concerning the Position of a Notary. And the status of Indonesia, which is a state of law, of course, will also affect the actions and actions of notaries because they must be guided by the applicable laws.
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Maulina, Sri, M. Nur Rasyid, and Yusri Yusri. "Konsep dan Pelaksanaan Tugas Profesi Notaris Secara Elektronik (Electronic Notary)." DIVERSI : Jurnal Hukum 7, no. 2 (December 15, 2021): 234. http://dx.doi.org/10.32503/diversi.v7i2.1842.
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Penelitian ini mengkaji tentang konsep dan pelaksanaan tugas Notaris secara elektronik (electronic Notary) yang belum diatur dalam Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris sehingga terjadi kekosongan Norma saat notaris menggunakan konsep tersebut. Penelitian ini bertujuan untuk menganalisa kekuatan mengikat dari akta yang dibuat dalam konsep Notaris secara elektronik (electronic Notary) di Indonesia. Jenis penelitian ini adalah penelitian yuridis normatif. Hasil penelitian menunjukkan bahwa pada dasarnya akta yang dibuat secara sah dengan adanya kesepakatan para pihak didalamnya dan sesuai dengan syarat sah perjanjian dalam pasal 1320 KUHPerdata maka akan mengikat para pihak. Baik itu dibuat secara elektronik maupun secara konvensional. Namun, karena belum adanya aturan yang jelas terkait dengan konsep ini, maka masih dipertanyakan mengenai kekuatan mengikat dari akta yang dibuat secara elektronik ini
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Zakaria Bushido, Bondan, and Gunarto Gunarto. "Notary Authority to Provide Legal Counseling Service Based On Notary Law and Notary Code in Banjarnegara." Jurnal Akta 6, no. 3 (September 25, 2019): 583. http://dx.doi.org/10.30659/akta.v6i3.5194.
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The purpose of this study was to determine and analyze Notary authority in Providing Legal counseling in terms of Act No. 2 of 2014 on Amendment of Act No. 30 of 2004 concerning Notary and Notary Code. And to analyze Obstacles and Solutions for a Notary in Role Gives Legal counseling.This study uses empirical juridical approach, the specification is descriptive analytical research, data sources used in the form of primary data obtained through interviews, secondary data with the literature study, qualitative analysis. The problem is analyzed using the theory of Authority and Accountability.Based on the results of this study concluded that 1) Notary authority in providing Legal counseling to Its clients can be divided into two (2) Criteria, namely a) Legal counseling followed by Creation Deed and b) Legal counseling without being followed by Creation Deed. 2) The obstacles in conducting Legal counseling, namely a) Effect of Kinship properties, b) Effect of Position, c) Influence of Consumerism, d) Profession into Business Activity, e) Due to Weak Faith. Solutions to resolve impediments in doing Notaries Legal counseling Legal counseling is doing that is not followed by Creation Deed.Keywords: Notary authority; Legal counseling.
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Wardhani, Miranti Kusuma. "Notary Authority to Make Certificate of Heir Based On Notary Positions." Sultan Agung Notary Law Review 3, no. 3 (August 17, 2021): 795. http://dx.doi.org/10.30659/sanlar.3.3.795-801.
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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.
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Agustin, Adha Dia. "The Independence of Notary in The Civil Partnership of Notary." Rechtsidee 1, no. 2 (June 1, 2014): 131. http://dx.doi.org/10.21070/jihr.v1i2.102.
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The continued development of business in Indonesia, would make the greater role of the notary. The number of notaries and needed in each region in Indonesia gets greater. This rapid development, then coupled with the new policy. Previously, Peraturan Jabatan Notaris(PJN) prohibited Perserikatan, but since the establishment of Undang-Undang Jabatan Notaris (UUJN) has changed otherwise. Notary possible to make associations in a Civil Partnership. Even Peraturan Menteri Hukum dan HAM RI Nomor: M.HH.01.AH.02.12 Tahun 2010 tentang Persyaratan Menjalankan Jabatan Notaris Dalam Bentuk Perserikatan Perdata described the formation of the implementing regulations of the Civil Partnership. Is it true that Civil Partnership would make science benefit for junior notary and will facilitate the work of a Notary Or it would make large colonies notary who compete each other, so that the function of a notary public is no longer as state officials, but it called the company deed. This journal examines the Civil Partnership in Kitab Undang-Undang Hukum Perdata and would review the principle of the independence of the notary as set forth in Undang-Undang Jabatan Notaris. How To Cite: Agustin, A. (2014). The Independence of Notary in The Civil Partnership of Notary. Rechtsidee, 1(2), 131-146. doi:http://dx.doi.org/10.21070/jihr.v1i2.102
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Solehudin, Dede, and Gunawan Djajaputra. "Penyimpanan Protokol Notaris Pada Cloud Storage dalam Konsep Cyber Notary." Jurnal Sosial Teknologi 3, no. 1 (January 24, 2023): 78–85. http://dx.doi.org/10.36418/jurnalsostech.v3i1.614.
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Menyimpan dan memelihara protokol notaris harus harus sesuai dengan peraturan yang berlaku. Penyimpanan protokol notaris pada cloud storage dalam konsep cyber notary sangat dimungkinkan sebagai solusi permasalahan keamanan, biaya perawatan, dan luasnya lahan yang diperlukan. Naumn dalam Pasal 16 ayat (1) huruf b Undang-Undang Jabatan Notaris Perubahan (UUJN Perubahan) hanya menetapkan mengenai kewajiban notaris dalam menjalankan jabatannya membuat akta dalam bentuk minuta akta dan menyimpannya sebagai bagian dari protokol notaris dalam bentuk aslinya untuk menjaga keotentikan akta, hal ini menimbulkan kekosongan norma dalam penyimpanan protokol notaris pada cloud storage. Berdasarkan hal tersebut maka tujuan penelitian ini untuk mengetahui bagaimana urgensi, kepastian hukum dan tanggungjawab hukum notaris terhadap penyimpanan protokol Notaris Pada Cloud Storage dalam kaitan Cyber Notary. Tesis ini memakai jenis penelitian hukum normatif dengan penelitian yang didasari dari adanya kekosongan norma. Teknik pengumpulan bahan hukum yang digunakan adalah teknik studi pustaka dengan sistem kartu. Analisis bahan hukum dilakukan dengan menggambarkan apa yang menjadi masalah (deskripsi), menjelaskan masalah (eksplanasi), mengkaji permasalahan dari bahan hukum yang terkait (evaluasi) dan memberikan argumentasi dari hasil evaluasi tersebut, sehingga diperoleh kesimpulan mengenai persoalan yang dibahas. Hasil penelitian menunjukkan bahwa penyimpanan protokol notaris secara elektronik pada cloud storage penting dilakukan terkait tugas notaris sebagai pejabat umum, sehingga negara harus memberikan kepastian hukum akan hal tersebut dengan membuat aturan yang tegas dan jelas terkait penyimpanan protokol notaris pada cloud storage. Mekanisme yang dilakukan adalah dengan menggunakan proses alih media menjadi bentuk digital atau scanning. Pertanggungjawaban notaris terkait protokol notaris yang dialihmediakan dan disimpan dalam cloud storage sama seperti tanggungjawab terhadap protokol notaris yang disimpan secara konvensional.
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Aisyiah, Cahyani, and Diah Aju Wisnuwardhani. "Notary, public official or public official: implications for the position of notary." Jurnal Cakrawala Hukum 13, no. 3 (December 28, 2022): 242–52. http://dx.doi.org/10.26905/idjch.v13i3.9012.
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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.
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Harumi, Suci, and Amin Purnawan. "Law Enforcement by Judge to Notary after Amendment of Notary Law." Sultan Agung Notary Law Review 2, no. 3 (October 7, 2020): 261. http://dx.doi.org/10.30659/sanlar.2.3.261-271.
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Notary is a public official who is the only one authorized to make authentic deeds regarding all required agreements and decisions by General Regulations or by interested parties it is desired to be declared in an authentic deed, guarantees the certainty of the date, keeps the deed and provides the Grosse, copy and excerpt thereof, all so long as the deed is not assigned or excluded by an official or other person by a general rule. In Republic Indonesia Act No. 2 of 2014 concerning Amendments to Act No. 30 In 2004, for the photocopy of the minuta deed and notary summons there was no longer the role of the MPD and was replaced by the Notary Honorary Council. Then it becomes a question of how the Process for the emergence of the basis for the formation of the Notary Honorary Council in Act No. 2 of 2014 concerning Amendment Law on Notary Position Number 30 of 2004, and how the Notary Summons the Deed made by the Judge after the Amendment to the Notary Position Act No. 2 of 2014. Research is normative legal research, resulting in the conclusion that the Notary Honorary Council was born in the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public because of the need for protection of a Notary in making deeds. It is very necessary if there is an institution whose function is in the process of judicial interests, where the Notary must get permission from the Notary Honorary Council when summoned in a court session.
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Suwardi, Suwardi. "THE SYNCHRONIZATION NECESSARY OF NOTARY SUPERVISION BY NOTARY SUPERVISORY AND HONOUR COUNCIL." Jurnal Akta 8, no. 2 (June 29, 2021): 100. http://dx.doi.org/10.30659/akta.v8i2.14163.
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In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council. This study uses a normative juridical approach, which is a research that is focused on examining the application of norms or norms in positive law. Article 67 paragraph (2) of Act No. 2 of 2014 states that the Notary Supervisory Council shall supervise notaries including the behavior of the notary and the implementation of office by the notary. Meanwhile, the Honorary Council itself only provides guidance and supervision to the extent that it violates ethics. What must be remembered is that the authority possessed by the Notary Supervisory Council looks so 'broad'. This is because the Notary Supervisory Council is not only authorized to carry out guidance and supervision of notaries who violate the provisions of the law. However, the Notary Supervisory Council also provides guidance and supervision of ethical violations as carried out by the Honorary Council. The conclution of this reseach is Synchronization of Notary Supervision by the Notary Supervisory Council and guidance by the Notary Honorary Council in law enforcement is very necessary.
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Wibisono, Gunawan, and Ngadino Ngadino. "Responsibility of Regional Notary Supervisory Council for Protocol Transfer of Died Notary." Sultan Agung Notary Law Review 2, no. 2 (October 7, 2020): 150. http://dx.doi.org/10.30659/sanlar.2.2.150-159.
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The purpose of this study was to analyze: 1) The role of the Regional Supervisory Council on the responsibility of the Notary Public Protocol who has passed away in Jepara Regency. 2). The liability of the heirs to the protocol of the deceased notary public. The approach method to discuss this research is juridical empirical. This type of research is classified as a descriptive analytical research. Data collection was obtained from primary data and secondary data, by means of interviews and literature study. The data analysis technique is qualitative data analysis. The research results are: 1). The role of the Regional Supervisory Council for the responsibility of the Notary Public Protocol who has passed away in Jepara Regency, namely the MPD of the Jepara Regency working area as the supervisory council has played an active role in providing guidance and supervision to Notaries. MPD's firmness, especially regarding the Notary protocol that must be applied, so that when a Notary dies, such as the case of notary Muhammad Chaidzar, SH. M.Kn, and the protocol has been submitted to another notary appointed by the MPD. Legal aspects related to the accountability of the heirs of a capable Notary by immediately submitting the Notary protocol to another Notary who is appointed by MPD as the Notary holding the protocol. 2). The obligation of the heirs to the protocol of the deceased Notary is that the State archives in the form of documents that have been made by the notary must be kept, by submitting the Notary protocol through the MPD because of its authority. The responsibility of a notary public for a notary protocol that has not been submitted to another notary in this case can be categorized as an act of legal competence. Actions proficient in law here are defined as the implementation of the heir's responsibility in carrying out or submitting the protocol of the deceased.
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Zakariya, Hafid, Yuni Purnama Sari, Desty Prabandari, and Widha Rahmawati Budiatmaja. "REVIEWING A NOTARY ETHICS BASED ON ETHICAL CODE AS A NOTARY PROFESSION." Yustisia Jurnal Hukum 6, no. 3 (December 31, 2017): 672. http://dx.doi.org/10.20961/yustisia.v6i3.16784.
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<pre>This paper aimed to find out the responsibilities and sanctions of a notary when a notary violates the existing ethics code.The various rules in the notary profession code of ethics will be attributed to the notary's behavior, so that in carrying out the duties there is a responsibility that must be enforced and If it contradicts with the ethics code,it will get sanction in accordance with the enactment of the Notary’s Office Law. Because the role of notary in society is important to determine the land deed in Indonesia, we need to understand how the notary in enforcing their ethics as notary profession. The Notary is expected to be neutral, so if placed in one of the three state agencies Judiciary, Executive, and Legislative, the Notary is no longer considered neutral. With the neutral position, notary is expected to provide legal counseling for a legal action by a notaryat the request of client. In the case of taking legal action for client, the notary also may not take side the client, because the duty of a notary is to prevent the occurrence of problems</pre>
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Suwardi, Suwardi. "Synchronization of Notary Supervision by Notary Supervision Assembly in Law Enforcement." Sultan Agung Notary Law Review 3, no. 1 (March 5, 2021): 363. http://dx.doi.org/10.30659/sanlar.3.1.363-375.
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The Notary Institution, one of the social institutions in Indonesia, arises from the need in human relations that requires a means of evidence regarding the civil law relationship that exists and or occurs between them. The authority of a notary is regulated in Article 1 number 1 of Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of a Notary (hereinafter abbreviated as UUJN) which states that: "Notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other laws." In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council.
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Prasetiyo, Adi, and Gunarto Gunarto. "KEWAJIBAN NOTARIS DALAM MENJALANKAN PRINSIP TATA KELOLA KANTOR NOTARIS YANG BAIK DAN PROFESIONAL(GOOD CORPORATE PUBLIC NOTARY) MENURUT UU NOMOR 30 TAHUN 2004 JUNCTO UU NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS." Jurnal Akta 4, no. 3 (September 10, 2017): 441. http://dx.doi.org/10.30659/akta.v4i3.1819.
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Notary in performing his duties acting as public servant in the affairs of making the deed of agreement which is the will of the parties who want to make it. In order to improve notary services as much as possible one of them is with the notary's office itself. Notary obligation in implementing good corporate public notary principles must be consistent with Law Number 30 Year 2004 juncto Law Number 2 Year 2014 regarding Notary Position and referring to the Notary Code of Ethics, as well as from inventory office, employees, documentation and services to clients. The constraints often faced in carrying out the principles of office governance is arising from the notary itself and from employees, where the notary is involved in a criminal case that causes punishment and employees who act dishonestly in carrying out their work, thus causing harm to office management itself and become disorganized in its management.Keywords: notary, office
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Lestari, Santi Rosiana, Ichsan Anwary, and Mispansyah Mispansyah. "Position Offenses by Notary in Making Authentic Deed : Reviewing the Notary Responsibility." Lambung Mangkurat Law Journal 2, no. 2 (September 30, 2017): 228. http://dx.doi.org/10.32801/lamlaj.v2i2.47.
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The research aims to analyze the notary’ responsibility as common officialwho conduct contempting of court in making deed and notary’ criminal responsibilityin running the deed and criminal liability of Notary in conducting its position. Thetype of research is normative-legal or also called as doctrinal research. The resultsof research indicate the form of notary’ responsibility can be administrative, civil orcriminal responsibility. Especially the notary’ criminal responsibility is not clearlyregulated in the Notary Act, but its responsibility is very dependent on “deliberate”(opzet) in notay’ conduct. In making the deed, the notary shall be responsible forthe deeds which are made there or which are intentional mistake, on the contrary ifthe element of mistake occurs from the parties confronting, so as long as the Notaryconducitng ith authority in accordance with the laws and regulations, the Notaryconcerned cannot be requested accountability, since the Notary simply records whatthe parties are saying to be contained into a deed
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RADULOVIĆ, DEJAN, and SARA ZARUBICA. "NEED AND REASONS FOR INSURANCE OF NOTARY PUBLICS DURING NOTARY ACTIVITY." Kultura polisa, (2021), special edition (2) (December 5, 2021): 135–55. http://dx.doi.org/10.51738/kpolisa2021.18.2p.1.10.
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In this paper, the authors investigate the needs and reasons for securing notaries when performing notary activities. The paper should investigate and answer, what is the interest of the state, notaries and parties, in connection with performing notarial activity, legal basis and manner of conducting professional liability insurance of notaries, determining the amount of the insured case, the occurrence of the insured case, comparative legal solutions rights. The paper deals with persons who are participants in insurance (insured, insurer, injured party and other persons covered by insurance), the concept and subject of insurance, in this case professional liability insurance, the risk it carries, protection of the injured party and protection of property.
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Jauharoh, A., Suharningsih, B. Sugiri, and L. Endrawati. "FORMULATION OF THE IDEAL CYBER NOTARY INSTITUTION FOR NOTARY IN INDONESIA." Russian Journal of Agricultural and Socio-Economic Sciences 133, no. 1 (January 25, 2023): 47–57. http://dx.doi.org/10.18551/rjoas.2023-01.06.
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Suarto, Edi, Gunarto Gunarto, Arpangi Arpangi, and Aryani Witasari. "The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed." Sultan Agung Notary Law Review 4, no. 1 (March 26, 2022): 1. http://dx.doi.org/10.30659/sanlar.4.1.1-10.
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This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.
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Rahmanda, Agil Arya, and Maryanto Maryanto. "Role and Assembly Supervisory Authority of Surakarta’s Notary in The Supervision of Notary." Jurnal Akta 5, no. 4 (December 22, 2018): 987. http://dx.doi.org/10.30659/akta.v5i4.4131.
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Notaries have the legal authority for the preparation of an authentic deed. To improve the quality and quantity of a Public Notary, apply to the Notary, namely Regulation No. M.02.PR08.10 Menkumham of 2004 on the Supervisory Council of Notaries. The purpose of this study was to determine the technical supervision of Notary conducted by MPD Surakarta, Role and Functions of MPD Surakarta and to determine the effectiveness of supervision MPD Surakarta in implementing the Notary supervision in the region. In this study the authors use empirical juridical approach, whereas the method of data collection using interviews and literature. The results showed that the supervision of a Notary by MPD Surakarta include: examination Notary protocols, guidance and counseling, giving approval / consent with respect to the interests of the criminal justice process to call and check Notary deed relating to the making. Notary performance Surakarta, among others: Notary of Surakarta less orderly in the making and reporting Notaries protocols, Notary unknown where the position / office address, and notaries who are rarely in the office so it was hard to see him. Barriers experienced by MPD Surakarta, among others: lack of equipment and adequate infrastructure, the limited time the members of the MPD Surakarta busy with the duties of each, a limited budget, MPD does not have the authority to impose sanctions against notaries who violate of Notary.Keywords: MPD Authority; Oversight of Notary; Notary Development.
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Ridwan, Masrur. "Reconstruction Of Notary Position Authority and Implementation Of Basic Concepts Of Cyber Notary." Jurnal Akta 7, no. 1 (May 15, 2020): 61. http://dx.doi.org/10.30659/akta.v7i1.9432.
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E-notary or cyber notary which has become a necessity as a form of adjustment to the development of the times, although its presence is agreed to be impossible to avoid, but it still leaves a pro-cons opinion. Some support and some refuse. Problems that arise related to the validity of the deed made in the cyber notary work system (cyber notary). However the practice of cyber notary in Indonesia today, it will reduce the strength of proof of authentic deed. The decrease is parallel with the text of Article 5 paragraph (4) of the ITE Law which emphasizes that the electronic deed does not have perfect proof of strength like a deed of qualification. Until now the electronic deed is still regarded as a deed under the hand that is equal in value to documents. But the presence of COVID-19, which since March 11, 2020, was determined by WHO as a pandemic, like it or not, forced us to think or review the implementation of the basic concepts of cyber notary. Posts that use the statute approach and the concept are expected to be able to encourage related parties to review the authority of the Notary Position in authorizing the certification of transactions conducted electronically. Keywords: Reconstruction, Notary Authority, Implementation, Basic Concepts of Cyber Notary
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Fonni, Fonni. "ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION." Tadulako Master Law Journal 2, no. 2 (June 30, 2018): 21. http://dx.doi.org/10.22487/j25797697.2018.v2.i2.10407.
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This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required
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Faulina, Junita, Abdul Halim Barkatullah, and Djoni S. Gozali. "Kedudukan Hukum Akta Notaris yang menerapkan Konsep Cyber Notary di Masa Pandemi Covid-19 di Indonesia." Notary Law Journal 1, no. 3 (July 12, 2022): 247–62. http://dx.doi.org/10.32801/nolaj.v1i3.28.
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Tujuan dilakukannya penelitian ini adalah untuk menganalisa dan menjelaskan mengenai kepastian hukum akta Notaris yang dibuat berdasarkan konsep Cyber Notary di masa Pandemi Covid-19 dan menganalisa dan menjelaskan mengenai perlindungan hukum bagi Notaris terhadap sengketa akta Notaris yang menggunakan konsep Cyber Notary di masa Pandemi Covid-19. Dalam hal ini penelitian menggunakan jenis penelitian hukum normatif, penelitian ini bersifat preskriptif analisis yaitu mempelajari tujuan hukum, nilai-nilai keadilan, validitas aturan hukum, konsep-konsep hukum dan norma-norma hukum dimana dalam hal ini peneliti akan memberikan kritisi serta solusi hukum atas permasalahan yang dikaji dan di analisa dalam penelitian hukum ini. Hasil Penelitian Pertama: Akta Notaris yang dibuat berdasarkan konsep cyber notary di masa pandemi Covid-19 tidak memiliki kepastian hukum karena tidak adanya peraturan yang mengatur cyber notary, dalam Undang-Undang Jabatan Notaris tidak dijelaskan secara jelas pengaturan mengenai cyber notary hanya terdapat dalam penjelasan pasal 15 ayat (3) Undang-undang Jabatan Notaris, sehingga perlu penjelasan lebih lanjut mengenai cyber notary dalam Undang-undang Jabatan Notaris agar dapat dijadikan payung hukum yang jelas oleh Notaris dalam menjalankan kewenangannya dalam membuat akta Notaris di masa pandemi Covid-19. Kedua: Perlindungan hukum bagi notaris yaitu dalam proses peradilan pidana menurut Undang-undang Jabatan Notaris adalah ketentuan tentang kewajiban ingkar dan hak ingkar yang tercantum dalam Pasal 4 ayat (2), Pasal 16 ayat (1) huruf f, Pasal 54, Pasal 16 ayat (1) huruf c. Selain dari Undang-undang, Notaris juga dilindungi oleh Majelis Kehormatan Notaris yang merupakan lembaga yang diamanatkan oleh Undang-undang sebagaimana diatur dalam Pasal 66 ayat (1) Undang-undang Jabatan Notaris. Serta Notaris juga mendapatkan perlindungan dari Ikatan Notaris Indonesia (INI), ketentuan mengenai organisasi Notaris ini terdapat dalam Pasal 82 ayat (2) Undang-undang Jabatan Notaris. Perlindungan Notaris sebagai pejabat umum yang membuat akta menggunakan konsep cyber notary dilindungi oleh Undang-Undang Informasi Dan Transaksi Elektronik dengan menerapkan azas lex specialis derogate lex generalis yang maknanya Undang-Undang yang bersifat khusus menyampingkan Undang-Undang yang bersifat umum, dalam hal ini Undang-Undang Informasi Dan Transaksi Elektronik menyampingkan Undang-Undang Jabatan Notaris.
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Manoylo, Nataliia. "GENERIC HUMAN CHARACTERISTICS – NOTARY." Visnyk of the Lviv University, no. 38 (2021): 73–82. http://dx.doi.org/10.30970/pps.2021.38.9.
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Jarkov, V. V. "QUO VADIS NOTARY PUBLIC?" Нотариальный вестник, no. 4 (2021): 5–13. http://dx.doi.org/10.53578/1819-6624_2021_4_5.
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Kareng, Yaya, Ong Argo Victoria, and R. Juli Moertiyono. "NOTARY SERVICE IN THAILAND." Sultan Agung Notary Law Review 1, no. 1 (June 17, 2019): 46. http://dx.doi.org/10.30659/sanlar.1.1.46-56.
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In most countries, a Notary Public is known as an official who is licensed by the State to perform functions such as the authentication of signatures or documents, and the witnessing of affidavits or statements of persons under oath. Notarization of a document is important as the act of notarization itself creates a guarantee on the authenticity of the document, or to the act of the signatories to the instrument. While there are no notaries public in Thailand, some lawyers are given the authority to function as Notarial Services Attorney in the country. In Thailand, it is the Lawyers Council of Thailand which regulates the practice of notarial services in the State. A Thai lawyer is required to undergo and pass a professional training course for the service before he is registered as a Notarial Services Attorney.Keywords: Notary; Service; Attorney; Thailand.
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Murshal Sanjaya. "CRIMINAL ACTIONS PERFORMED BY NOTARY STAFF THAT OPEN CONFIDENTIALITY OF NOTARY POSITION." International Journal of Social Science 1, no. 3 (October 2, 2021): 253–58. http://dx.doi.org/10.53625/ijss.v1i3.418.
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The role of the notary office administrative staff in maintaining the confidentiality of the deed according to the code of ethics and the oath of office of a notary. The role of the notary office administrative staff is part of the notary office organ that has a causal legal relationship that should act as a notary's obligation to maintain and keep the deed secret. Legal consequences The administrative staff of a notary office who does not maintain the confidentiality of the deed can be charged with the provisions of Article 322 paragraph (1) of the Criminal Code, whoever deliberately discloses a secret that must be kept because of his position or disbursement, both now and in the past, is threatened with a maximum imprisonment of nine months or a maximum fine of nine thousand rupiahs.
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Manoylo, N. H. "NOTARY AND NOTARY IN THE CONTEXT OF SOCIO-CULTURAL EXISTENCE OF SOCIETY." Scientific Knowledge: Methodology and Technology, no. 1 (2022): 12–18. http://dx.doi.org/10.24195/sk1561-1264/2022-1-2.
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Miskiyya, Cindy Zakiyyatul, Gunarto Gunarto, and Umar Ma'ruf. "Implementation of Notary Responsibility for Loss of Assets Due to Notary Error." Sultan Agung Notary Law Review 3, no. 1 (March 5, 2021): 241. http://dx.doi.org/10.30659/sanlar.3.1.241-249.
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The objectives of this research are 1) To find out and explain the implementation of the notary's responsibility for the loss of a certificate due to a notary's mistake. 2) To find out and explain the obstacles and solutions to the implementation of the notary's responsibility for the loss of a certificate due to a notary's mistake. The method used by researchers is Juridical Empirical (sociolegal research)and the specification in this research is including analytical descriptive.The sources and types of data in this study are primary data. And secondary data obtained from literature studies relating to the theory of criminal liability and legal certainty. Based on the results of that researchThe implementation of the notary's responsibility for the loss of the minuta deed due to a notary's mistake, namely making an official report which then reports it to the Regional Supervisory Council or the Regional Supervisory Council which will be followed up with efforts to resolve it. Meanwhile, sanctions for a Notary whose minimum certificate is lost due to a notary's mistake may be subject to written warning sanctions, honorific temporary dismissal and dishonorable discharge. Of course, the imposition of this sanction will be carried out by the Regional Supervisory Council in accordance with the gravity or lightness of the violation committed by the notary concerned. The obstacle is making a report to the police with the contents of the report that the notary concerned has lost all important documents and files.
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Arvio, Pegisya, Azmi Fendri, and Frenadin Adegustara. "Notary’s Responsibility after the Transfer of the Place of Work to The Completeness of the Notary Protocol in West Sumatra." International Journal of Multicultural and Multireligious Understanding 6, no. 1 (March 5, 2019): 278. http://dx.doi.org/10.18415/ijmmu.v6i1.570.
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The authority of the notary is very susceptible of legal violations. The role of the supervisory board is very important to maintain the notary profession in carrying out the authority. Law enforcement is urgently needed when a violation arises, in which a troubled notary must be sanctioned. The objectives of this study are: 1) to find out the transfer process of notary’s place of work, 2) to find out the notary’s responsibility after the transfer of his/ her place of work toward the completeness of the notary protocol, 3) to find out the legal consequences if a notary, who does the transfer of his/ her place of work, does not complete the notary protocol in the area of West Sumatra. This study applies juridical empirical approach using secondary and primary data types. The Regional Supervisory Board of Padang City mentioned that the causes of legal violations committed by a notary in Padang City are that (1) the notary likes to accept a work that is not in accordance with the date stated in the deed and (2) the notary often does not see the client directly. Prevention for legal violations committed by the notaries in Padang City can be carried out by conducting socialization and direct observation to the field. If a legal violation committed by a notary occurs, the action that needs to be taken is to carry out the inspection process to prove whether or not the notary has committed a violation.
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Soniaji, Mohamad Zanuar, and Siti Rodhiyah Dwi Istinah. "Juridical Analysis of Heirs Negligence of a Notary in Submission of a Notary Protocol who Dies." Sultan Agung Notary Law Review 3, no. 4 (December 15, 2021): 1261. http://dx.doi.org/10.30659/sanlar.3.4.1261-1273.
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The author in this paper takes the title above because he wants to know about the negligence of the Notary's heirs in the delivery of the Notary's protocol that has died, how is the responsibility of the heirs in the submission of the Notary's protocol that has died and is there legal protection for the community if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol. This study uses a normative juridical approach and the data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The responsibility of the heirs in the submission of the protocol of a notary who dies is to notify the notary's death to the Notary Supervisory Council (MPD) no later than 7 (seven) working days, and submit the protocol of the notary to another notary or the Regional Supervisory Council (MPD). The responsibility of the heirs is not related to the contents of the deed made by the notary, the responsibility for the deed of a notary who dies cannot be passed on to his heirs or to the notary who holds the notary protocol. Legal protection for the public if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol, namely the Notary Protocol as a state archive if it is not immediately submitted to the competent authority, namely the Regional Supervisory Council or the Notary appointed as the Protocol Recipient exceeding the period determined by law, feared that it could be damaged, or even lost. Taking the Notary protocol that has not been handed over to the heirs is a form of legal protection to the community. The purpose of storing this Notary protocol is also a form of legal protection to the public. Notary protocol storage as a vital archive and must be stored and maintained properly as an anticipatory measure for conflicts by the parties in the future.
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Siranggi, Ibrahim, Sukanda Husin, and Busyra Azheri. "Liability of Substitute Notary in Deed Correction." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (August 4, 2019): 30. http://dx.doi.org/10.18415/ijmmu.v6i4.945.
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A notary who is taking leave must hand over his/ her notary protocol to substitute notary. Thus, the substitute notary will be liable to the protocol of the notary that he/ she replaced. When a substitute notary holds a position, in addition to new jobs, there are still jobs that have not been completed by the notary that he/ she replaced. In carrying out the notarial practices, a notary may type incorrect information on a deed. Errors in typing a notary deed are not deliberate intention but merely negligence or carelessness of the notary. Therefore, the information written on a notary deed does not match the actual information that should be included in the deed. These thesis problems include: first is about the form of the liability of substitute notary in deed correction and the second is about the legal consequences of corrected deed by substitute notary. This research was conducted using normative juridical research methods. The results of the research showed that the form of liability of substitute notary is classified into four points, which include: the first is civil liability of substitute notary on the deed that he/ she made, second is the criminal liability of substitute notary on the deed that he/ she made, third is the liability of substitute notary based on Law on Notary Position on the deed that he/ she made, and fourth is liability of substitute notary in carrying out his/ her position based on a code of ethics. The liability of substitute notary is only limited to the deed that he/ she made. The liability for the deed ends since he/ she has stopped serving as substitute notary. Regarding legal consequences of the deed corrected by substitute notary, if it violates the provisions in Article 51 Law on Notary Position, it only has the power of proof as private deed. In this case, the party experiencing the loss has a reason to demand reimbursement, compensation, and interest to the notary.
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Agung Pratiwi, Rizqi, and Munsharif Abdul Chalim. "Law Effect of Leave Notary in Implementation Position Based on the Act No. 2 of 2014 On Notary." Jurnal Akta 6, no. 2 (August 26, 2019): 351. http://dx.doi.org/10.30659/akta.v6i2.5067.
Full textAbstract:
Notary is competent public authority or his duty is to make the deeds authentic. Notaries have the right to take leave in accordance with Law Notary. Leave notaries are leaving the work of notaries in some time officially to rest, take a vacation or to become public officials. The purpose of this study to analyze how the legal consequences leave notary on the implementation of office in accordance with Act No. 2 of 2014 concerning Notary, the legal position of notaries replacement which replaces the notary in the period of leave, challenges and solutions faced by a substitute notary in implementing the office notary supplants the leave period. Legal Theory used in this research is the theory of Responsibility and Theory of Rule of Law.The effects of this study indicate that there are no legal consequences for the notary who take leave, when he took a leave of absence he has appointed a substitute notary, if in the future in which no party feels aggrieved as a effect of his actions then Substitute Notary to be held responsible, even though they had quit his respective duties as Notary Public; Substitute notary legal position that replaces the notary in the period of leave is a substitute notary has authority as a notary as by UUJN; Challenges and solutions faced by a substitute notary in implementing the replaced notary office within the period of leave such as a lack of knowledge or ignorance, inexperience and lack of understanding. The solution is to appoint a substitute notary notaries, notary substitute must have the precautionary principle, accuracy and precision in implementing the notary office of his predecessor in the leave to avoid the occurrence of negligence in carrying out his post.Keywords: Effects; Leave Notary; Notary Substitute.
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Nofita S, Putri Nofita S., Munsharif Abdul Chalim, and Setyawati Setyawati. "Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary." Jurnal Akta 7, no. 2 (August 15, 2020): 195. http://dx.doi.org/10.30659/akta.v7i2.7901.
Full textAbstract:
The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN.
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Juleni, Juleni, and Albertus Sentot Sudarwanto. "Challenges on Obtaining Legal Protection Through Notary Honorary Council for The Notary Presumed to Commit Crime." International Journal of Multicultural and Multireligious Understanding 5, no. 2 (June 1, 2018): 255. http://dx.doi.org/10.18415/ijmmu.v5i2.350.
Full textAbstract:
The current study aimed at discovering the notary' challenge during their attempt at obtaining legal protection when facing an allegation of committing criminal activity. In carrying out their duty as a public officer who is authorized to make authentic deed and other authorities under the law, Notary needs to obtain legal protection for the sake of legal certainty and legal service function. The current study could be classified as an empirical legal study. This study employed primary and secondary data collected from interviews and document analysis. The collected data were analyzed by using an interactive model of qualitative analysis technique. Based on article 66 paragraph (1) of Law of The Republic of Indonesia No. 2 of 2014 about the changes to the law number 30 of 2004 regarding position of notary, it has been regulated that for judicial process, investigators, public prosecutors, or judges shall obtain the consent from The Notary Honorary Council to perform an investigation towards a Notary. Notary Honorary Council is an institution that borns to provide legal protection towards a Notary. Especially Regional Notary Honorary Council who is authorized in this case, by its panel of Inspector. However, in fact, there are several factors which make notaries had not felt optimal legal protection from the Regional Notary Honorary Council.
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Zendeli, Emine, and Arta Selmani-Bakiu. "The Notary Service - Justice Services." SEEU Review 12, no. 1 (June 1, 2017): 135–47. http://dx.doi.org/10.1515/seeur-2017-0010.
Full textAbstract:
Abstract The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court (usually non-litigious) have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of notary publics has been decided by the Law on Non-Litigious Procedure (2008). In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security.
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Mohammad Roesli, Dyah Ayu Septi Arinningtyas, and Adies Kadir. "Juridical Review of Cancellation of Notary Deed." YURISDIKSI : Jurnal Wacana Hukum dan Sains 18, no. 3 (December 30, 2022): 278–90. http://dx.doi.org/10.55173/yurisdiksi.v18i3.148.
Full textAbstract:
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.
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Widiasih, Ni Kadek Ayu Ena. "A Kewenangan Notaris dalam Mensertifikasi Transaksi yang Dilakukan Secara Elektronik (Cyber Notary)." Acta Comitas 5, no. 1 (April 30, 2020): 150. http://dx.doi.org/10.24843/ac.2020.v05.i01.p13.
Full textAbstract:
Berdasarkan Penjelasan Pasal 15 ayat (3) UUJNP notaris memiliki kewenangan mensertifikasi transaksi yang dilakukan secara elektronik (Cyber Notary). Dari Penjelasan Pasal 15 ayat (3) UUJNP, tidak terdapat pemahaman lebih lanjut mengenai kewenangan mensertifikasi yang dimiliki oleh notaris, tidak terdapatnya penjelasan mengenai maksud kata mensertifikasi tersebut menimbulkan kekaburan norma hukum. Tulisan ini bertujuan untuk mengetahui kewenangan melakukan sertifikasi yang dimiliki notaris. Penulisan ini menggunakan metode penelitian hukum normatif. Hasil penelitian ini menunjukkan bahwa kewenangan Notaris dalam mensertifikasi transaksi yang dilakukan secara elektronik sama dengan kewenangan Notaris dalam ketentuan Pasal 15 ayat (2) huruf a UUJNP atau yang dapat juga disebut dengan kewenangan untuk melakukan legalisasi, yaitu memberikan wewenang kepada Notaris untuk memastikan tanda tangan yang ada pada sertifikat elektronik tersebut adalah benar tanda tangan dari para pihak, memastikan kebenaran status dan identitas dari para pihak, serta memastikan tanggal pada sertifikat elektronik tersebut.
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Anggraini, Medira. "Notary Responsibility for Violations & Prohibitions in Connecting Its Position in Related with Notary Code of Conduct." Sultan Agung Notary Law Review 3, no. 1 (March 5, 2021): 134. http://dx.doi.org/10.30659/sanlar.3.1.134-150.
Full textAbstract:
For Notaries who do not carry out their obligations as determined by the laws and regulations, the Notary concerned must face the Assembly. Notary Supervisor. In general, the Notary Supervisory Council has the scope of authority to hold sessions to examine any suspected violations of the Notary's Code of Ethics or violations of the implementation of office. Purpose of research it's to Know Responsibilities of Notaries against Violation of the Notary Code of Ethics. The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, law enforcement and legal certainty. The results of this study indicate that It is possible for a notary to be included in an illegal act because if there is an element of detrimental to other parties and the loss has a causal relationship between the Notary as the deed maker and the parties entrusting their act to the Notary. Violation of the notary code of ethics can occur due to negligence of responsibility, this is usually the most frequent occurrence. In addition, it could also be due to the absence of strict sanctions and a lot of side with the notary position. The Notary Supervisory Council (MPN) as a body that is trusted to supervise Notaries in their behavior, is considered to have not given any firm action so that the Notary is deterred or afraid of committing violations that have been regulated by existing regulations, this can be an indicator of the occurrence of violations by a Notary.
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Nur Salma, Adyesha, Taufan Fajar Riyanto, and Ira Alia Maerani. "Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects." Sultan Agung Notary Law Review 4, no. 3 (August 15, 2022): 756. http://dx.doi.org/10.30659/sanlar.4.3.756-770.
Full textAbstract:
Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
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Aulia, Putri Annisa, Yuliandri Yuliandri, and Azmi Fendri. "Law Enforcement by the Notary Supervisory Board for Violations Toward Law on Notary Position (in Padang City)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 14, 2019): 698. http://dx.doi.org/10.18415/ijmmu.v6i3.885.
Full textAbstract:
In living a life, humans realize that they cannot live alone but need other people and try to connect with others; in relation to legal certainty. One of them is carried out by the role of Notary. The role of Notary which is important in helping to create certainty and legal protection for the community is by issuing authentic deeds made before him/ her that serve as perfect evidence. Through the duties and responsibilities of a Notary, it is reasonable that the Notary is also under supervision. The purpose of supervision carried out by the authorities to the Notaries is that in carrying out their duties, the Notaries do not violate their positions. By the existence of Law No. 30 of 2004 concerning Notary Position and its implementing regulations, it clearly stipulates the responsibilities and obligations of the Notary Supervisory Board. Thus, in carrying out their position, Notaries must be guided by existing regulations so that they can carry out their positions properly. The problems in this study are about how the examination process carried out by the Notary Supervisory Board against the Notary who violated the Law on Notary Position and how the decision-making process by the Regional Supervisory Board in conducting an examination to the Notary. This paper applies the juridical empirical method by reviewing primary and secondary data which are analyzed qualitatively. To strengthen the results of the study, interviews with relevant parties in the research setting were held. Based on the results of the study, it is concluded that in conducting an examination of their profession colleagues who are involved in a case, Notary must have a high sense of integrity in which they must first override friendships in conducting the examination. In the examination of the Supervisory Board, parties from Notary elements also sometimes disagree with two other elements; i.e. the Supervisory Board from the Government and Academics. To achieve collective and collegial decisions, the three elements must equalize their perceptions or views so that collective decisions are made since there is no voting in decision making. This is carried out to avoid the defense action for colleagues which is carried out by the Supervisory Board from the Notary element.
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Isman, Isman, and Gunarto Gunarto. "Normative Study against Limitation of Liability Notary Deed in Lieu In Making Based Act No. 2 of 2014 on Notary." Jurnal Akta 7, no. 2 (August 17, 2020): 263. http://dx.doi.org/10.30659/akta.v7i2.7972.
Full textAbstract:
The purpose of this study was to analyze: 1) the role of the Notary Deed in Lieu in manufacturing. 2) Limitation of liability in the manufacture Substitute Notary Deed. 3) Barriers and solutions for Substitute Notary in carrying out its responsibilities in the manufacture of Deeds pursuant to Act No. 2 of 2014 On Notary.This research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Substitute Notary important role in meeting the needs of the people in deed, Substitute Notary is only temporary, as it replaces the notaries who are on leave, sick or absent or unable to perform its functions properly. So that the public service to create an authentic deed is not disturbed and running as it. 2) Limitation Substitute Notary Responsibility and authority is not affected by age restrictions as well as Notary, despite all the deed made by Notary Substitute, has been assigned or transferred to the depositary Protocol Notary, this means that although already quit or retired as a Notary, the Notary still be responsible for the deed he made. 3) Barriers for Substitute Notary in carrying out its responsibilities in the manufacture of Deed is the lack of experience of the notary, limited capacity and their doubts about the substitute notary office. Solutions that can be done is to provide socialization and guidance of the MPD to the Notary Substitute related to the duties and responsibilities as a Substitute Notary.Keywords: Responsibility Notaries; Notary Substitute Deed.
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Krstinić, Dalibor, and Sara Zarubica. "Enforcement of public notary documents." Pravo - teorija i praksa 38, no. 1 (2021): 42–54. http://dx.doi.org/10.5937/ptp2101042k.
Full textAbstract:
By passing the Law on Public Notaries, the Serbian legislator regulates the issue of the operation of public notaries, their services and activities. The modern public notary practice represents a specific legal activity which contributes to the rise of legal security and the de-congestion of courts. It also leads to a more efficient exercise of the citizens rights and the realization of their civil rights much faster and more easily. A public notary performs a public service autonomously and independently being the party's independent commissioner, and his/her participation in preparing the documents attests to their truthfulness and content. As a result, public notary documents occupy a significant place in contemporary legal transactions. According to the Law on Public Notaries, public notary documents have the property of enforceability, under certain conditions they can provide a basis to directly institute enforcement proceedings before a court of law when the stipulated conditions are satisfied. It is deemed a positive and very useful legal solution, because of which the authors will, in this paper, point out some relevant key points and specific features regarding the enforcement of public notary documents.