Legal Protection of Notary as Protocol Holders When a Legal Act Issued to the Saved Protocol Deed (Case Study of State Court Decision Number 152/PDT.G /2013/PN.PDG)

Abstract

In carrying out his duties, one of the obligations of a notary in the field of administration is to store and maintain all documents, including a collection of deeds and various other documents commonly known as a notary protocol. The emergence of a lawsuit against the protocol of a notary who has died addressed to the notary who holds the protocol. Based on the Decision of the Class IA Padang District Court Number: 152/Pdt.G/2013/PN/PDG dated May 20, 2014 which has permanent legal force, the court stated that the act committed by a Notary was an unlawful act that could have a negative impact, in the form of the emergence of stigma that not good for the image of the notary profession, such as the decline in public confidence in the notary profession. Therefore, this thesis takes the title Legal Protection Against Notaries as Protocol Keepers When There is a Lawsuit Against the Stored Protocol (Case Study of District Court Decisions No. 152/Pdt.G/2013/PN.Pdg). The type of research in the preparation of this thesis is normative juridical research, namely the systematic compilation of data, assessment, then concluding on the relationship to the problems studied with a statute approach. The results of this study are (1) The Responsibilities of the Notary Recipient of the Protocol when a lawsuit occurs against the deed he keeps, the perfection of proof of the authentic deed has guaranteed legal certainty for the parties mentioned in the deed, so this should be able to prevent and provide legal protection for Notary Recipient of the Protocol to be sued or held accountable for the deed he never made. (2) Legal Protection Against Notaries Who Are Appointed As Protocol Recipients When There Is A Lawsuit Against the Protocol Deed He Saves, legal protection for this notary, of course, the government must immediately make a new legal instrument or improve the existing laws and regulations that can provide clarity for legal protection and guarantees for Notaries in order to create justice for Notaries in carrying out their profession, and Procedures for Solving Problems or Obstacles Faced by Protocol Recipients, namely by asking the Notary Regional Supervisory Council where the notary recipient of the protocol is located, and waiting for approval from the Notary Honorary Council. The upper area is permitted or not to fulfill the summons of law enforcement from the level of investigation to court proceedings.