HAKIKAT PERSETUJUAN MAJELIS KEHORMATAN NOTARIS TERHADAP PEMANGGILAN NOTARIS DALAM PROSES PERADILAN

Zaenal, Hery Kurniawan (2021) HAKIKAT PERSETUJUAN MAJELIS KEHORMATAN NOTARIS TERHADAP PEMANGGILAN NOTARIS DALAM PROSES PERADILAN. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Notaries are ordinary people who cannot be separated from mistakes, either deliberately or negligently in making deeds. In the event that the error is related to a criminal act, to present a Notary at trial must obtain approval from the Notary Supervisory Council as regulated in Article 66 paragraph (1) of the Law on Notary Position. However, the provisions of this article are considered discriminatory and not in accordance with the Constitution, so they were sued to the Constitutional Court, and in its Decision Number 49/PUU-X / 2012, this article was canceled. However, by the legislature, the provisions of this article were enforced again based on Law Number 2 of 2014. The problems in this research are: 1). Ratio decidendi Constitutional Court Decision No. 49/PUU-X/2012 Regarding Cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning Notary Positions 2). The essence of the approval of the Notary Honorary Council as an effort to protect the law against a Notary in the judicial process This research is a normative legal research, so the method used is the normative legal research method, which focuses on a legal review or study, in this case a review of the Law on Notary Position. Thus this research uses primary and secondary legal materials, and problem analysis is based on the ability to reason, interpret and are supported by legal arguments to obtain satisfactory analysis results. The results of the study concluded that the cancellation of Article 66 paragraph (1) of the Law on the Position of Notary Public was based on several reasons, that the article was not in accordance with the principle of equality before the law (equality in law), because the article gave different treatment to Notaries. In addition, there is also a constitutional loss for the plaintiff, because he cannot process a Notary who has committed a criminal act. Interpretatively, the Assembly's approval can be said to be a form of preventive legal protection for Notaries. Because approval is an approval or approval from the Notary Honorary Council, which in guarding and protecting Notaries, may or may not be granted such approval, so that the Notary can be protected from the possibility of arbitrariness of law enforcement officers who at any time may present a Notary, in the judicial process. Key Word: Notary Honorary Council agreement, legal protection, Notaries.

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