Investigation of Crime Committed by a Notary with the Approval of the Honorary Board of Notaries

Abstract

Proof of indication of crime from an authentic deed made by a notary requires the presence of a notary in the examination of criminal cases starting from the level of investigation, prosecution by the prosecutor, until proof through examination at the trial. The presence of a notary who is indicated to commit crime is very determined from the formal and material aspects. This study employs an empirical juridical approach which means looking at the implementation of the provisions and theories that become references to the discussion using primary and secondary data. Based on the results of the study, the descriptive data shows that the concept of regulation in the investigation of crime carried out by notary is closely related to the regulation of the duties and authorities of the notary as determined by Law on Notary Position through an audit approval process by the Honorary Board of Notaries which is technically specified in the Ministry Regulation Law and Human Rights No. 7 of 2016. It means that approval is fundamental after the request from the investigator. Furthermore, it is processed in accordance with the procedures specified in the provisions of the Ministry of Law and Human Rights. On the contrary, the provisions of the criminal procedure are still guided by the Criminal Procedure Code. Meanwhile, the form of a notary liability on the deed that he/she has made is a notary liability to the extent of the authority he/she has in carrying out the profession as a deed-making official; unless the notary makes a mistake or negligence so that the deed is detrimental to the appearers. The liability of a notary can be in the form of civil, administrative and criminal liability.