The Implementation of Supervision of Notaries during the Vacuum of Office of the Aceh Notary Regional Supervisory Council (MPWN)

Abstract

According to Article 4 Paragraph (4) of the Regulation of the Minister of Law and Human Rights Number M.02.PR.08.10/2004 confirms that The Notary Regional Supervisory Assembly appointed by the Director General of AHU of the Ministry of Law and Human Rights with duration of office for 3 (three) years. However, the Aceh MPWN for the 2017-2020 period, whose duration of office has expired on 27 September 2020, until May 2021 has not yet appointed a new MPWN. As a result, the MPWN Aceh position has been in a vacuum for more than 8 (eight) months. So, it is necessary to conduct a research on the Implementation of Supervision of Notaries by MPWN Aceh before and during the vacuum of MPWN Aceh. This research is an empirical legal research (empirical juridical), using a qualitative approach whose data is based on field data, namely by interviewing respondents and informants related to this research. The results of the study shows that the Implementation of Supervision of Notaries by MPWN Aceh for the 2017–2020 period has been running in accordance with the existing mechanisms and regulations. Meanwhile, during the Aceh MPWN's vacuum, several recommendations from the District/Manucipality MPDN in Aceh regarding alleged violations of the Notary Code of Ethics and/or UUJN, could not be controlled and supervised by the Aceh MPWN due to the Aceh MPWN was no longer authorized to handle the problem. Therefore, legal certainty and legal protection cannot be implemented.