Responsibility for Transition of the Dead Notary Protocol Because Minutes of Deed Are Missing in Padang

Abstract

The death of a Notary Public causes his authority and responsibility as a public official to cease, in particular obligations in Article 16 Paragraph (1) Letter b. To maintain the authenticity of the deed made by the deceased Notary, the Notary protocol is transferred to the Notary recipient of the protocol, if the notarial deed minutes are lost in the transitional process and are detrimental to the parties, then the burden of the responsibility of the Notary recipient of the protocol for the loss of the deed minutes is not yet regulated in UUJN and other laws and regulations. The problem raised is how the transition process and the form of responsibility of the recipient of the Notary protocol to the notary protocol that died where the minutes of the deed were lost? By using an empirical juridical approach. With regard to the process of transferring the protocol of the notary who died in which the minutes of the deed were lost in Padang exceeding the time period stipulated by UUJN, the transfer of the protocol without passing the minutes of handover. The recipient of the notary protocol is civilly liable for the transference of the deceased Notary protocol in which the minutes of the deed are lost if it is found to be negligent in the loss of the minutes of the deed and is found guilty by the MPN and the court. Carefulness and caution in matching the hard copy of the protocol with the number of protocols outlined in the minutes of handover are needed to minimize the problems arising from the protocol transition. The appointment of Temporary Notary Officer by the MPD is expected to be carried out every time the transfer of the Notary protocol as a result of the death of a Notary is carried out, it is very useful when problems arise with the protocol of the deceased Notary in the future, such as the minutes of the deed being lost and causing losses to the parties.