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All Journal Jurnal Interpretasi Hukum
I Wayan Novy Purwanto
Program Studi Kenotariatan, Fakultas Hukum, Universitas Udayana, Denpasar, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pengaturan Perubahan Kesalahan Kata Pada Penulisan Komparisi Akta Notaris Putu Indira Yustika Kusuma Dewi; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.340-346

Abstract

Correction of errors in writing the "komparisi" must follow the procedures stipulated in the applicable laws and regulations, as essentially what is contained in an authentic deed must be accurate to maintain the power of the authentic deed as evidence. This is the duty of the Notary because the Notary must ensure that the documents of the appearing parties, such as identities and supporting evidence, are correct. The purpose of this writing is to understand the regulatory provisions for changing errors in the writing of the "komparisi" in deeds and the legal impacts on Notaries and the parties involved if errors in the "komparisi" writing are not promptly corrected. This journal uses a normative legal research method, including legislative, conceptual, and analytical approaches, due to ambiguities in the norms. The result of this research is that if there are typographical errors in the "komparisi," the Notary corrects them through the renvooi mechanism before the deed is signed or by a correction (ralat) after signing, following the UUJN procedures with the consent of the parties, even though the change of errors in the "komparisi" is not explicitly regulated. The legal impact on the parties for such errors, if not immediately corrected, is that the deed will be degraded to a private deed, and the responsible Notary may be subject to civil, administrative, and criminal sanctions.
Makna Frasa Berturut-Turut dalam Pasal 19 Ayat (3) Undang-Undang Jabatan Notaris Ni Made Dwita Andayana Dewi; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.356-352

Abstract

The clarity of meaning in every provision of the law is essential to prevent differences in interpretation that may hinder the realization of legal certainty and justice in its aplication. This research intends to evaluate the juridical implications of successive Notarial instrument executed outside from the notary's residence with regard to their legality and to interpret the phrases "consecutively" under Article 19 paragraph (3) in the UUJN. The UUJN ambiguous norm is the source of this study. The study adopts a normative legal research method, With reference to both main and supporting souces of law. The analysis applies conceptual and legislative approaches as the methods of analysis. Data collection techniques include document studies and qualitative studies, intended to gather naturalistic data consisting of textual information. Based on the results obtained, it can be inferred that the phrase “consecutively” in the UUJN is interpreted as a prohibition for notaries to continuously perform their official duties outside their domicile without a reasonable interval and without legitimate reasons as referred to in the specific grounds provided under Article 3 point 15 of the KEN. This phrase serves as a limitation to ensure that the exercise of notarial duties remains within the boundaries of professionalism, ethics, legal certainty, and justice. The execution of a notarial deed outside the notary’s domicile, whether or not based on “certain reasons,” is allowed provided that it is still within the notary’s official jurisdiction and in accordance with Article 19(3) in the UUJN.
Batasan Penggunaan Hak Ingkar Notaris Terhadap Kewajiban Menjaga Kerahasiaan Akta Komang Sulistyawati; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.347-355

Abstract

The notary holds a crucial role as a public official authorized by the state to ensure legal certainty and protection through the creation of authentic deeds. One of the notary’s principal responsibilities is to maintain the confidentiality of deeds, a duty that is legally protected through the right of refusal (recht van verschoning). However, in notarial practice, conflicts often arise between the obligation to uphold professional confidentiality and the demands of law enforcement when a notary is requested to testify in court. This situation reflects a gap between legal theory and the practical implementation of the right of refusal in Indonesia. This study aims to examine the legal regulations governing the notary’s right of refusal and analyze the limits of its application in relation to the obligation to maintain deed confidentiality. The research employs a normative juridical method with a statutory approach. It also provides a descriptive analysis of primary and secondary legal materials related to the notary’s right of refusal, including the Notary Office Law, the Criminal Code, the Criminal Procedure Code, the Civil Code, and the Notary Code of Ethics. The findings indicate that the right of refusal has a strong legal foundation as a form of protection for professional secrecy; however, its application is limited. This right may be set aside when mandated by law, in cases involving higher legal interests, or with the approval of the Honorary Council of Notaries (Majelis Kehormatan Notaris, MKN).
Co-Authors Komang Sulistyawati Ni Made Dwita Andayana Dewi Putu Indira Yustika Kusuma Dewi