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All Journal Jurnal Notariil Journal of Law, Poliitic and Humanities
Nengah Renaya
Universitas Warmadewa
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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NOTARY AUTHORITY AS A CLASS II AUCTION OFFICIAL IN THE PERSPECTIVE OF THE NOTARY OFFICE ACT Ida Bagus Agung Putra Santika; Nengah Renaya; Kresna Yoga Mahaputra
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.2.2023.98-104

Abstract

This study aims to determine the authority of a Notary as a Class II Auction Officer in the perspective of the Notary Position Act and to determine the legal consequences for a Notary who makes a minute of an auction who is not a Class II Auction Officer. This study employs normative legal research, utilizing the Legislation approach and Legal Concept Analysis (both analytical and conceptual approaches) as well as the Legislative Approach (statute-based approach). The results of this study are the harmonization of authority arrangements for Making Auction Minutes in terms of the Notary Position Act and auction regulations can be carried out using the lex specialist derogate legi generalist principle which is used in the Auction Rules as the basis for the authority to make Auction Minutes, which is contained in the Auction Officer, not the Notary. Although a Notary may be appointed as a Class II Auction Officer according to Article 7 of the Auction Instruction jo. PMK Class II Auction Officer, but the authority is given in the capacity of a Notary as a Class II Auction Officer who has been appointed by the Minister of Finance. Because a notary who has not been appointed as a Class II Auction Officer is not allowed to make a Minutes of Auction. The legal consequences for a Notary who makes auction minutes who is not a Class II Auction Officer will result in the degradation of the status of the auction minutes from an authentic deed to an auction minute which is only a private deed. The degradation of the status of the auction minutes from an authentic deed to a private deed will of course have other legal consequences, namely if the auction minutes are degraded into a private deed, then the auction minutes will no longer have perfect evidentiary power like an authentic deed.
AUTHENTIC DEED OF AUTHORITY TO SELL INDEPENDENTLY IN MAKING A DEED OF SALE AND PURCHASE Dewa Gede Wibhi Girinatha; Nengah Renaya
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 2 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.2.2023.82-91

Abstract

The Deed of Authority to Sell Independently is akin to a power of attorney, which grants someone the authority to act on another's behalf. In land transfers, this authorization must be made before a Notary, a public official responsible for authentic deeds and their validity, including providing copies and excerpts as per Article 15 paragraph (1) of UUJN. The purpose of this study was to study the process of making a Deed of Sale and Purchase deed using an Authentic Deed of Authority to Sell Independently and registration of the transfer of land rights based on an Authentic Deed of Authority to Sell Independently at the Land Office. The research method used is the normative research method. The results of this study showed that the Authentic Deed of Authority to Sell Independently can be used in making a sale and purchase deed if it meets the specified conditions. In addition, the Authentic Deed of Authority to Sell Independently can also be used in registering the transfer of land rights at the Land Office.
Authority of The Ministry of Law In The Dishonourable Dismissal of Notaries For Violations of The Code of Ethics Dewa Ayu Artini; Ni Made Jaya Senastri; Nengah Renaya
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3112

Abstract

A Notary is tasked with carrying out a crucial role in society and is therefore required to always maintain their conduct, honour, and dignity as a public official. According to Article 16 letter a, a notary must safeguard the interests of the parties involved in legal processes and act in a trustworthy, honest, thorough, independent, and impartial manner. The objectives of this research include identifying and analysing the sanctions imposed on notaries by the Honorary Council for violations of the Code of Ethics, as well as the authority of the Ministry of Law in supervising notaries with regard to such violations. The type of research used in this study is normative legal research, applying the Statute Approach, Analytical and Conceptual Approach, and Case Approach. The synergy among supervisory institutions, continuous education, transparency, and an effective appeal system will enhance the effectiveness of oversight and professional discipline. For notaries, the researcher suggests that in carrying out their profession and position as public officials, they are expected to understand and comply with the provisions of the laws and regulations of the established Code of Ethics. The Ministry of Law can strengthen coordination and establish an integrated reporting system with the Notary Honorary Council in handling alleged violations of the Code of Ethics, ensuring that public reports are followed up promptly and transparently and to give open information on the status of reports, thereby increasing public participation in maintaining the integrity of the notarial profession.
Co-Authors Dewa Ayu Artini Dewa Gede Wibhi Girinatha Ida Bagus Agung Putra Santika Kresna Yoga Mahaputra Senastri, Ni Made Jaya