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

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.