Law Enforcement by the Notary Supervisory Board for Violations Toward Law on Notary Position (in Padang City)

Putri Annisa Aulia, Yuliandri Yuliandri, Azmi Fendri

Abstract


In living a life, humans realize that they cannot live alone but need other people and try to connect with others; in relation to legal certainty. One of them is carried out by the role of Notary. The role of Notary which is important in helping to create certainty and legal protection for the community is by issuing authentic deeds made before him/ her that serve as perfect evidence. Through the duties and responsibilities of a Notary, it is reasonable that the Notary is also under supervision. The purpose of supervision carried out by the authorities to the Notaries is that in carrying out their duties, the Notaries do not violate their positions. By the existence of Law No. 30 of 2004 concerning Notary Position and its implementing regulations, it clearly stipulates the responsibilities and obligations of the Notary Supervisory Board. Thus, in carrying out their position, Notaries must be guided by existing regulations so that they can carry out their positions properly. The problems in this study are about how the examination process carried out by the Notary Supervisory Board against the Notary who violated the Law on Notary Position and how the decision-making process by the Regional Supervisory Board in conducting an examination to the Notary. This paper applies the juridical empirical method by reviewing primary and secondary data which are analyzed qualitatively. To strengthen the results of the study, interviews with relevant parties in the research setting were held. Based on the results of the study, it is concluded that in conducting an examination of their profession colleagues who are involved in a case, Notary must have a high sense of integrity in which they must first override friendships in conducting the examination. In the examination of the Supervisory Board, parties from Notary elements also sometimes disagree with two other elements; i.e. the Supervisory Board from the Government and Academics. To achieve collective and collegial decisions, the three elements must equalize their perceptions or views so that collective decisions are made since there is no voting in decision making. This is carried out to avoid the defense action for colleagues which is carried out by the Supervisory Board from the Notary element.


Keywords


Law Enforcement; Notary Supervisory Board; Law on Notary Position

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References


Books

Abdul Ghofur Anshori, Indonesian Notary Society: Legal and Ethical Perspective. Yogyakarta: UII Press, 2009, page 7.

G.H.S. Lumban Tobing, Regulations for Notary Position, (Jakarta: Erlangga, 1999). page 2

G.H.S. Lumban Tobing, Regulations for Notary Position, Erlangga, Jakarta, 1983, page 301

Ira Koesoemawati and Yunirman Rijan, To Notary, Reach the Success Hope, Jakarta 2009, page 49.

R. Subekti, 2008, Legal Agreement, Intermasa, Jakarta, page 35.

Law/ Legislation

Law of the Republic of Indonesia No. 2 of 2014 concerning Amendment to Law No. 30 of 2004 concerning Notary Position.

Presidential Decree No. 21 of 2004 concerning the Transfer of Organizational, Administrative and Financial Affairs in the General Courts and State Administrative Courts and Religious Courts to the Supreme Court.

Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 40 of 2015 concerning Procedures for Appointment of Members, Dismissal of Members, Organizational Structure, Work Procedures, and Procedures for Examining the Notary Supervisory Board.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.885

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