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Nedi Aprizal
Universitas Islam Indonesia

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Prosedur Pemanggilan Notaris sebagai Saksi dalam Proses Penyidikan Nedi Aprizal
Pemuliaan Keadilan Vol. 3 No. 4 (2026): October : Pemuliaan Keadilan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i4.2097

Abstract

A notary is a public official authorized by the state to draft authentic deeds which carry conclusive evidentiary value and holds a special status within the Indonesian legal system. This status is reflected in a legal protection mechanism requiring approval from the Notary Honorary Council (MKN) before a notary can be summoned by investigators, public prosecutors, or judges to provide testimony, as stipulated in Article 66 of Law Number 2 of 2014 (in conjunction with Law Number 30 of 2004) concerning the Office of Notary. This provision establishes a specific procedure when authorities seek to summon a notary as a witness in criminal cases involving fraud and embezzlement related to deeds they have drafted. This paper aims to conduct a normative-juridical analysis of the procedures for summoning a notary as a witness by Indonesian National Police investigators in fraud and embezzlement cases. It examines the legal basis, procedural stages before the Notary Honorary Council, timeframes, legal consequences of non-compliance, and issues arising in law enforcement practice. The research employs a normative-juridical method utilizing statutory and conceptual approaches, with the Law on the Office of Notary serving as the primary legal source.