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Journal : Jurnal Ilmu Hukum KYADIREN

Discrepancies Between Legal Norms and Practices in the Protection of Notaries Santoso, Roni Joyo; Hamid, Adnan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.284

Abstract

This study examines the legal protection afforded to notaries in the execution of their official duties, particularly in the context of criminal legal proceedings. Utilizing a normative legal approach and detailed case analysis, the research reveals that the current legal protection mechanisms for notaries remain suboptimal, largely due to the inadequate enforcement of Article 66 of the Notary Law. The frequent criminalization of notaries is attributed to ambiguous distinctions between ethical breaches, administrative violations, and criminal offenses. Although the Notary Honorary Council (MKN) is designated to serve as an initial filter in such matters, its role is frequently overlooked by law enforcement agencies. This study advocates for the strengthening of the MKN’s authority, the development of integrated procedural guidelines, and the harmonization of relevant laws and regulations to ensure more effective and equitable legal protection for notaries. The findings aim to inform future legal reforms focused on safeguarding the integrity of the notary profession.
Discrepancies Between Legal Norms and Practices in the Protection of Notaries Santoso, Roni Joyo; Hamid, Adnan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.284

Abstract

This study examines the legal protection afforded to notaries in the execution of their official duties, particularly in the context of criminal legal proceedings. Utilizing a normative legal approach and detailed case analysis, the research reveals that the current legal protection mechanisms for notaries remain suboptimal, largely due to the inadequate enforcement of Article 66 of the Notary Law. The frequent criminalization of notaries is attributed to ambiguous distinctions between ethical breaches, administrative violations, and criminal offenses. Although the Notary Honorary Council (MKN) is designated to serve as an initial filter in such matters, its role is frequently overlooked by law enforcement agencies. This study advocates for the strengthening of the MKN’s authority, the development of integrated procedural guidelines, and the harmonization of relevant laws and regulations to ensure more effective and equitable legal protection for notaries. The findings aim to inform future legal reforms focused on safeguarding the integrity of the notary profession.
Notary Negligence and Legal Consequences in Unlisted Heirs Cases: Lessons from Tegal Court Simatupang, Alan Yohansyah; Hamid, Adnan; Deni, Fitra
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.337

Abstract

This study is motivated by the emergence of legal issues in notarial practice concerning the issuance of a Certificate of Inheritance Rights (SKHW) that fails to include all lawful heirs, potentially leading to disputes and diminishing public trust in the notarial profession. The objective of this research is to analyze the legal liability of notaries for such negligence based on the provisions of the Civil Code (KUHPerdata) and the Notary Law (UUJN), as well as to examine the legal consequences and validity of the deed through an analysis of the Tegal District Court Decision Number 9/Pdt.G/2021/PN.Tgl. The study employs a normative juridical method with statutory and case approaches. The findings reveal that an SKHW excluding certain heirs remains formally valid but is materially defective and may be annulled by a court ruling. It is concluded that notaries bear limited formal liability but are nonetheless obliged to uphold the principle of prudence to ensure the substantive truth of the deed.