Implementation of the Transition of the Notary Protocol Who Died Based on the Notary Position Law (Case Study in Pariaman)

Tiffani Putri Amalina, Azmi Fendri, Delfiyanti Delfiyanti

Abstract


Notary is as an oficial authorized to make an authentic deed, as provided in Article 15 of Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on the Notary. When a notary passes away, the position as notary ends, but the deed he has made will remain recognized forever and to maintain the continuity of the protocol his responsibility is attached for life to the deed he made while he still an active notary. If it is linked to Article 62 of the UUJN, the Article explains that one of the reasons for submitting the Notary Protocol is a notary public who has passed away. The problem, namely 1.How is the process of submitting a notary protocol based on the law of the notary department 2. How is the protocol transfer that does not comply with the rules of the legislation? Methods used in this research is an empirical juridical approach, an approach to a problem that is through research by seeing applicable norms or provisions. Based on the research result, the heirs of the dead notary was responsible for submitting the notary protocol to the tribunal regional inspectorate. Thus by transferring the notary protocol to a notary can provide a wider scope of the parties in searching the legal certainty.


Keywords


Notary; Notary Protocol; Heirs

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References


Soerjono Soekanto, 2010, Introduction to Legal Research. Jakarta: University of Indonesia

Sudikno Mertokusumo, The Discovery of Law An Introduction, Yogyakarta: Liberty, 1979

Syarifurrachman and Habib Adjie. 2011, Aspects of Notary Accountability in Making Deeds, Bandung: Mandar Maju

Tan Thong Kie, 2007, Notary Studies and Miscellaneous Notary Practices, First Cet, Ichtiar Baru van Hoeve

Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary

Yudha Pandu, Association of Legislations for the Position of Notary and PPAT, Indonesia Legal Center Publishing, Jakarta, 2009

Zainudin Ali, 2014, Legal Research Methods, Jakarta: Sinar Graphics




DOI: http://dx.doi.org/10.18415/ijmmu.v8i11.3154

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