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All Journal Jurnal Indonesia Sosial Teknologi Asian Journal of Social and Humanities
Dwi Dharmayanthi, Ni Nengah
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Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Review of the Position of Substitute Notaries According to Law Number 2 of 2014 Amending Law Number 30 of 2004 on Notary Positions Dwi Dharmayanthi, Ni Nengah; Gde Wiryawan, I Wayan
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.450

Abstract

Notaries serve as custodians of legal certainty, facilitating transactions and agreements in the public sphere. However, circumstances may necessitate the appointment of substitute notaries to ensure continuity of service when a definitive notary is unavailable. This study aims to analyze the legal position and responsibilities of substitute notaries in Indonesia, as stipulated in Law No. 2 of 2014, which amended Law No. 30 of 2004 on Notary Positions. Employing normative legal research methods, this study examines the authority, obligations, and accountability of substitute notaries in drafting deeds and maintaining justice. Findings reveal that substitute notaries, despite not requiring a Master of Notary degree, possess equivalent authority and responsibility as definitive notaries during their tenure. Their duties include ensuring the validity, material truth, and confidentiality of deeds while adhering to professional ethics. This research highlights gaps in qualifications and responsibilities between substitute and definitive notaries, calling for enhanced regulation and training to maintain equitable standards. These findings have implications for legal reforms, aiming to ensure fairness, accountability, and public trust in notary services.
Notary Liability on Contract Renegotiation in Business Contracts Dwi Dharmayanthi, Ni Nengah; Djaja, Benny; Sudirman, Maman
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 7 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i7.1216

Abstract

A notary is a public official who is given the mandate to make authentic deeds, one of which is through business contracts. In practice, business contracts often experience various updates for one reason or another. As part of a notary's duties to make business contract deeds, the notary also has the responsibility to ensure that all procedures and contract clauses do not conflict with the law. This research will discuss considerations about the role of notaries in preparing business contract documents, potential sources of disputes related to the implementation of business contracts and provisions for resolving disputes related to business contract deeds. To discuss this problem, an empirical juridical approach will be used through analytical descriptive research. The research concludes that the presence of a notary takes into account the interests of the parties when drafting business contract deeds so that they can anticipate possible conflicts that may arise. The authenticity of a notarial deed becomes absolute with the commitment of the parties concerned to continue to rely on consultation and agreement in resolving disputes that may arise.
Co-Authors Djaja, Benny I Wayan Gde Wiryawan Sudirman, Maman