Abuse of Notary Tenure That Implies Criminal

Abstract

Notary is a legal profession so that the profession of notary is a noble profession (nobile Officium). The deed which is made by the notary can be the legal basis for the status of the property, the rights and obligations of one. Confusion over notarized deed can cause a waiver of a person's rights or the burden of a person on an obligation, therefore notary in the task of his office shall comply with the various provisions of the law number 2 of 2014 on the amendment to law number 30 of 2004 about the Notary Tenure. In the practice of many notary public are found by the parties or other third parties, the notary is often withdrawn as a party to conduct or assist in committing a criminal offence. In law number 2 of 2014 on The Amendment To Law number 30 of 2004 about the notary department there is a vacancy of the norm regarding the criminal responsibility of a notary in the misuse of Notary Tenure. This research aims to analyze the criteria and indicators of Abuse of Notary Office That Implicates Criminal and notary criminal liability in the misuse of notary tenure. This method of research using normative legal, research methods means research using the literature material. The approach is used is a statutory approach, conceptual approach and a case approach. The first result of this research is the criteria and indicators of abuse of the Department of Notary Tenure that Implicates Criminal arising from the admisappropriation of authority which is conducted by the notary stipulated in Article 15 of Law number 2 of 2014 concerning the amendment to the law number 30 of 2004 about the notary tenure. In addition to misuse of authority, the criteria and indicators of abuse of the notary tenure of the criminal  arise for not implementing the obligations stipulated in Article 16 paragraph (1) of Law number 2 of 2014 concerning the amendment to law number 30 of 2004 about the notary tenure and the breach of the prohibition set forth in Article 17 paragraph (1) of Law number 2 of 2014 concerning amendment to law Number 30 of 2004 concerning notary. Secondly, the responsibility committed by a notary depends on the mistakes he has made. If the notary violates criminal rules, the notary shall be criminally liable in the form of prison punishment. If the infringed is a civil rules, the notary is subject to a indemnity of the deed and the deed made by the power of the evidence down to be private. Whereas when done is an administrative offence, then the notary can stop from his tenure.