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Journal : Jurnal Syntax Transformation

Sanksi Adminsitratif Terhadap Notaris yang Menolak Protokol Notaris Indyravastha Rezhana; Bayu Dwi Anggono; Moh Ali
Jurnal Syntax Transformation Vol 2 No 08 (2021): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v2i8.344

Abstract

Notaries in the performance of their duties have an obligation to accept the protocol of the Notary who quits office. The obligation, although not regulated in the Notary Office Law, is regulated implicitly in the Regulation of the Minister of Law and Human Rights No. 19 of 2019 concerning the Terms and Procedures for appointment, leave, transfer, termination and extension of the term of notary (Permenkumham No. 19 of 2019). This research uses the method... And processed the results that notaries are required to maintain the Notary protocol because it is a category as a state archive. Administrative sanctions for the notary's obligation to receive the protocol have been stated through an affidavit made by the Notary before taking office so that this becomes a binding obligation for the Notary, but it is not specifically mentioned in the relevant legal regulations. The archive of notary protocols in the future should not burden the notary of the recipient of the protocol so that in the future or soon can be realized in the form of file documents or in a more practical form.
Kepastian Hukum Terhadap Notaris yang Diangkat Sebagai Pejabat Negara Safira Aulia Nisa; Bayu Dwi Anggono; Ayu Citra Santyaningtyas
Jurnal Syntax Transformation Vol 2 No 10 (2021): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v2i10.436

Abstract

The role of a notary is needed by the community in daily life in order to create certainty, discipline, and legal protection. In carrying out his duties and occupations, a notary must follow or obey the rules stated in the UUJN. However, there are some shortcomings found in the UUJN, one of the shortcomings is the procedures that must be carried out by a notary who is appointed as a state official. The shortcoming intended is the presence of a different understanding between the rules for dismissal for notaries who hold concurrent positions as state officials, namely Article 3 letter g juncto with Article 8 section (1) letter e and Article 17 section (1) letter d juncto with Article 17 section (2) letter c with articles that require leave for notaries who are appointed as state officials, namely Article 11 section (1) and Article 25 section (3) and Article 32 section (1) of the UUJN. Different understandings between articles in UUJN lead to concurrent positions between notary positions and state officials. In order to solve this problem, it is necessary to know the meaning of the words resign and leave according to UUJN for notaries who are appointed as state officials, besides that knowing about the provisions for notaries who are appointed as state officials whether they can regain their position as notary. And it is also necessary to reevaluate the articles in UUJN related to future regulations for notaries who are appointed as state officials. In this paper, the type of empirical juridical research is used, which is not only guided by the scientific method but also by examining the real condition in the field, especially in the provisions for notaries who are appointed as state officials. The results of the research in this paper, namely based on the meaning of the words stop and leave for a notary who is appointed as a state official according to UUJN does not make a difference, a notary who is on leave because he is appointed as a state official can return to being a notary when his term of office is over but if he does not take leave procedures and is considered to have concurrent positions, it is not necessarily possible to become a notary again even though the term of office as a state official has ended, in the future two concepts should be given, namely applying leave without a substitute notary or the dismissal of a notary from his position when he prefers to become a state official