Liability of Heirs from Notary Who Passed Away toward the Transfer of Notarial Protocol in Padang City

Adika Manggala Putra, Zainul Daulay, Beatrix Benni

Abstract


The notary authority is to make an authentic deed which is one part of the notarial protocol. This protocol will be safeguarded and submitted to the Regional Supervisory Board (MPD) if the Notary passes away. In this paper, the author applies empirical juridical research methods, uses primary data, and applies data collection techniques in the form of interviews with parties related to this study. Based on the results of the study, in the event that the Notary retires due to death, the protocol will be transferred to another notary of protocol holder. In order to guarantee legal certainty and avoid the abandonment of a Deed, through a proposal from an heir or Notary employee, the MPD appoints a Temporary Notary Officer in accordance with Article 40 of the Regulation of the Minister of Law and Human Rights No. 25 of 2014. Appointment of Temporary Notary Officials is expected not to break all matters related to the management of authentic certificates and the parties, that bind the agreement of the authentic deed, receive legal certainty. When a Notary passes away, Article 35 paragraph (1) of the Law on Notary Position Amendment states that a husband/ wife or family of blood in a straight line of descent to the second degree must notify MPD. Subsequently, the MPD makes a Decision Letter on the dismissal of a Notary addressed to the Ministry of Law and Human Rights. After the letter is issued, MPD conducts the process of making a notarial protocol transfer report, which is later transferred to another Notary of Protocol Holder.


Keywords


Heirs; Notary; Notarial Protocol

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References


Books

Abdul Ghofur, Indonesian Notary Society: Legal and Ethical Perspectives, UII Press, Yogyakarta, 2009, page 34.

Agus Purwanto, Liability of Notary Heirs and MPD to the Notarial Protocol of the Notary Who Passed Away, Thesis for Graduate Program in Notary, Sebelas Maret University, Surakarta, 2018.

Anang Ade Irawan, A. Rachmad Budiono and Herlin Wijayati, Op. Cit., page 335

Andi Junianto, Notary and Notarial Protocol, Eresco, Bandung, 2007, page 12.

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Journals

Anang Ade Irawan, A. Rachmad Budiono dan Herlin Wijayati, “Liability of Notary Heirs as General Officers of Notarial Deed Causing Losses to Parties”, (2018) 5:2, Jurnal Lentera Hukum, page 334

Tan Thong Kie, Notary Studies: All About the Practice of Notaries, First Print. Ichtiar Baru Van Hoeve, Jakarta, 2000, page 159.Ghita Aprillia Tulenan, “Position and Function of Private Deed Legalized by Notary” (2014) 2:2, Jurnal Lex Administratum, page 126.

Legislations

Constitution of the Republic of Indonesia 1945.

Civil Code.

Law No. 30 of 2004 concerning Notary Position.

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. 25 of 2014 concerning Terms and Procedures for Appointment, Transfer, Dismissal, and Extension of Term of Office of Notaries.

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

Interviews

Interview with resource person: Mr. Dasman S.H, M.Kn

Interview with resource person: Mr. Iwan Maulana S.H, M.Kn

Interview with resource person: Mr. Yofi Permana S.H, M.Kn

Interview with resource person: Ms. Diana Siska, S.H




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.913

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