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Nengah Renaya
Magister Kenotariatan, Fakultas Pascasarjana, Universitas Warmadewa, Denpasar, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Regulation of the Legal Liability of Notary Trainees in Maintaining the Confidentiality of Official Legal Documents during the Preparation of Authentic Deeds Made Bagus Vijanata Priadipa; I Made Suwitra; Nengah Renaya
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2055

Abstract

This study examines the regulatory vacuum concerning the legal liability of Notary trainees for maintaining the confidentiality of official legal documents during the preparation of authentic deeds. Article 16A paragraph (2) of the Notary Office Law imposes an obligation to keep confidential deeds and information obtained during the apprenticeship, yet it does not specify the forms of liability, enforcement mechanisms, types of sanctions, or the authorities empowered to impose them. This normative legal research applies statutory, conceptual, and philosophical approaches. Primary, secondary, and tertiary legal materials were collected through document and literature studies and analyzed through legal discovery using argumentum per analogiam and argumentum a contrario. The findings demonstrate that Article 16A paragraph (2) contains a rechtsvacuum that creates legal uncertainty for Notary trainees, supervising Notaries, and the parties concerned. This vacuum may be addressed through three forms of liability: administrative-organizational, civil, and criminal. To ensure legal certainty, Article 16A should be supplemented with provisions governing graduated sanctions, enforcement authority, compensatory liability, the possibility of joint and several liability, and the cumulative-selective application of general criminal law provisions.
Co-Authors I Made Suwitra Made Bagus Vijanata Priadipa