Legal Certainty of Regulation of Notaries Who Confirm Duty as Members of the Nagari Consultancy Agency (Case Study of Dharmasraya Regency)

Abstract

Notaries as one of the bearers of the legal profession are people who have expertise and knowledge in the notarial field, so that they are able to meet the needs of the community who need services in the notarial field. Since the presence of the Notary Institution in Indonesia, legal certainty regarding the regulation of Notaries has always been carried out by the judiciary and the government. This includes notaries who hold concurrent positions as state officials, in this case the Village Consultative Body or Nagari (BAMUS). Legal Certainty Arrangements for Notaries Who concurrently Duties as Members of the Nagari Consultative Body. The case study of Dharmasraya Regency is the title of this thesis. The type of research used in this research is legal. with other research. The legal research method is a systematic way of conducting research. The results of this study are: (1) How is the legal certainty of the arrangement of a notary who concurrently has duties as a member of the deliberative body analyzed based on the UUJN, namely, the legal certainty of a notary setting who has concurrent duties as a member of the Nagari deliberative body, there is still legal ambiguity because in Article 17 UUJN there is no prohibition of a notary having concurrent positions as a member of the agency. Nagari requirements, but in Article 16 UUJN Notaries in carrying out their duties are required to be fair, honest, neutral and impartial, but with a notary concurrently serving as a Nagari Consultative Body, it will give rise to indications of partiality and conflict of interest. (2) What are the legal consequences of a Notary who has concurrent duties as a Member of the Nagari Deliberative Body based on positive law in Indonesia, namely, a Notary who holds concurrent positions as a State Official, namely the degradation of the deed he made into an underhand deed and is subject to sanctions in the form of being temporarily dismissed for 3 months by The local Regional Supervisory Council is then followed up by the Notary Central Supervisory Council with its decision through an open trial giving a sanction, namely being temporarily suspended for 6 months.