Position of Notary as Party Manager and Its Implications Viewed in a Legal Perspective

Abstract

The purpose of this study is to examine and analyze the legal position of the notary as party manager and to study and analyze the implications in terms of legal perspective. The type of research used is Normative Law research, which is a study that primarily examines positive legal provisions, legal principles, legal principles and legal doctrine to answer the legal issues at hand.

The results of the research show that legislative members (leave notaries) can easily direct regional companies, regional government organizations (OPDs) and regional financial institutions to become partners in their successor’s notary office. The dual prohibition on the position of Notary as a State official also aims to prevent conflict of interest and that the Notary remains independent and neutral, which if we analyze the implication is the internal organization of the Indonesian Notary Association (INI) if the Notary is active in party management Politics, Notaries who hold concurrent positions as active members in Political Parties can use the power of their Political Parties as an effort to launch privacy interests that benefit themselves and groups of Political Parties which clearly have political power. In its capacity as an organizer of the Regional Government, the Legislative Member can interpret the deed clause made by a substitute Notary. The legal consequences of the deed made by a Notary who concurrently serves as a state official, namely the deed made will lose its authenticity, and the deed only has the power as a deed made under the hand when signed by the parties concerned.