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Legal Protection For Notary Employees As Instrumentary Witnesses Regarding The Principle Of Deed Confidentiality By Investigators Lalu Ghazy Sultansah Abdurrahman; Lalu Hadi Adha; Kurniawan
Private Law Vol 6 No 2 (2026): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/84ndma62

Abstract

The examination of notary employees as instrumentary witnesses in criminal investigations often triggers conflicts between investigative authority and the obligation to maintain professional secrecy. Normatively, instrumentary witnesses only verify the formal execution of authentic deeds and are not privy to their legal substance. In practice, however, interrogations frequently exceed these formal limits. This study aims to analyze the discrepancy between norms and practices, while formulating a concrete legal protection model for these witnesses. Employing normative legal research with statutory and conceptual approaches, the study reveals that the current vulnerability arises from a distinct regulatory vacuum: neither the Indonesian Notary Act (UUJN) nor the Criminal Procedure Code (KUHAP) grants explicit procedural safeguards or a derivative right of refusal (hak ingkar) to notarial staff. To bridge this gap, this article establishes its academic novelty by proposing a “Derivative Protection Model.” This model advocates for extending the Notary Honor Council’s (MKN) protective mandate to instrumentary witnesses and institutionalizing a derivative hak ingkar within procedural law, ensuring a balanced synergy between criminal law enforcement and the sanctity of notarial confidentiality.
Effectiveness Of Electronic Land Certificate Services At The Sumbawa District Land Office (Indonesia) Rizki Asrori; Lalu Hadi Adha; Widodo Dwi Putro
Private Law Vol 6 No 1 (2026): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/k3kaey70

Abstract

This study aims to analyze the effectiveness of digitalizing land services at the Sumbawa Regency Land Office, specifically in terms of time efficiency, transparency, and accessibility of public services. The digitalization of land administration services is part of bureaucratic reform efforts implemented through the application of Electronic Land Certificates, as regulated by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 1 of 2021. This research employs a normative legal research method using statutory and conceptual approaches. The collection of legal materials was conducted through library research involving primary, secondary, and tertiary legal sources. The findings indicate that the implementation of digitalized land services at the Sumbawa Regency Land Office has generally improved service time efficiency, enhanced transparency in administrative procedures, and increased public access to land services. The digital system allows the public to monitor service processes more openly and provides greater legal certainty regarding land rights. However, the implementation of land service digitalization still encounters several challenges, including limited information technology infrastructure, the continued use of hybrid systems that are not fully digital, issues related to land data validity, and low levels of digital literacy among certain segments of the community. Therefore, continuous efforts are necessary, including improving the quality of human resources, strengthening information technology infrastructure, and optimizing public outreach and education to enhance the overall effectiveness of land service digitalization in Sumbawa Regency.