Juridical Analysis Regarding the Decision of the Central Supervisory Board against Violation Conducted by Notary (Case Study: Decision of the Notary Central Supervisory Board Number: Pts.04/B/MPPN/VII/2017)

Abstract

The Notary Supervisory Board is the only institution authorized to conduct supervision and examination and impose sanctions on the notary. Another objective of the supervision is that the notary in carrying out his/her position can carry out the duties properly in accordance with the applicable laws and regulations, with the aim of serving the interests of the community appropriately. This thesis applies a normative juridical method and employs an empirical juridical approach. The data sources include primary, secondary and tertiary legal materials obtained through library study and information obtained by using interview guideline and field observation. Based on the research that had been conducted, it was found that the regulation regarding the imposition of sanctions for notaries who violated the laws and regulations has been regulated in Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning Notary Position, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. M.02.PR.08.10 of 2004 concerning Procedures for Appointment of Members, Dismissal of Members, Organizational Structure, and Procedures for Examination of Notary Supervisory Board, and Decree of the Minister of Law and Human Rights of the Republic of Indonesia No. M.39-PW.07.10 of 2004 concerning Guidelines for the Implementation of Tasks of the Notary Supervisory Board. Regarding the decision of the Supervisory Board, the reported notary has been given administrative sanctions in the form of written warnings and proposals for temporary dismissals. However, the reported notary made an appeal legal action. Then, regarding the violations committed by the notary, the Central Supervisory Board has issued a decision to reject the appeal from the Appellant/Reported Party which strengthens the Decision of the Notary Regional Supervisory Board of West Sumatra Province No. Pts.02/MPWN/SBR/2016.