Legal Protection Against Notary Employee who Acts as Witness in Making Deed

Riki Darma Daus, Ismansyah Ismansyah, Dasman Dasman

Abstract


The main problem of this study is how the form of legal protection against notary employee who acts as witness in making deed according to the Law of Manpower and what the form of legal protection against notary employee who acts as witness in making deed according to the provisions of civil law and criminal law. The method used in this study is a normative juridical approach. In addition, this is an analytical descriptive study which will be analyzed qualitatively. The discussion results of this study found that Law No. 13 of 2003 concerning Manpower does not regulate legal protection against notary employee who acts as witness in making deed in the event of legal problem. However, it provides legal protection in the form of guaranteeing the basic rights of worker and guaranteeing equality and treatment without discrimination on any basis. According to the provisions of civil law, until now there are no rules governing legal protection against notary employee who acts as witness in making deed in the trial process. However, in the context of criminal law, regarding general protection of witness with the existence of Law No. 31 of 2014 concerning Amendment to Law No. 13 of 2006 concerning Protection of Witness and Victim, notary employee who acts as witness in making deed will also obtain protection of personal, family and property security.


Keywords


Legal Protection Witness In Making Deed; Notary

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References


Books

Kamaluddin Lubis, H. M. The Law of Proof of Criminal and Civil Procedure in Theory and Practice, (Medan: 1992), page 18.

Mardalis, Research Method: A Proposal Approach, Fifteen Print, Bumi Aksara, Jakarta, 2010, page 83.

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Regulation

The Civil Code, translated by R. Subekti, Pradnya Paramita, Jakarta, 1990.

Law No. 31 of 2014 concerning Amendment to Law No. 13 of 2006 concerning Protection of Witness and Victim.

Law on Notary Position No. 2 of 2014 concerning Notary Position, State Gazette of the Republic of Indonesia of 2004 No. 117, Supplement to the State Gazette of the Republic of Indonesia No. 4432.

Law concerning Criminal Procedure Law No. 8 of 1981.

Internet

Bureau of Public Relations and Foreign Relations. Hasbullah, Notary and Legal Certainty Guarantee, (www.wawasanhukum.blogspot.com, accessed on March 20, 2018).




DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.743

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