Legal Protection for Notaries in Indonesia from Criminalization When Carrying Out Their Duties

Abstract

The position of a notary is very strategic in civil law because this profession is related to the most basic and very basic matters in legal actions carried out by the community. In carrying out their authority as general/public officials, notaries often need to get legal protection for legal products that have been made when these products cause legal problems. A notary, in carrying out his position, has a high professional ability, however, if in carrying out his position, he is always criminalized and there is no protection for notaries in carrying out their duties, then it is feared that it will undermine the professionalism of notaries in Indonesia. This study analyzes the concept of legal protection for notaries in carrying out their duties. This research is normative legal research using a statutory, conceptual, historical, and philosophical approaches. The concept of legal protection against the criminalization of a notary in carrying out their official duties, namely that a notary legally must be given rights by law clearly and explicitly in the form of an obligation to refuse to provide information regarding the confidentiality of his position, this right is realized by having the right to deny or resign as a witness, insofar as it concerns information of a confidential nature.