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All Journal Journal Of Law Sciences (Legisci)
Lisza Nurchayatie
Universitas Pembangunan Nasional “Veteran” Jakarta
Law, Crime, Criminology & Criminal Justice

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Normative Disharmony in Notary Summoning Procedures: Analyzing the Conflict Between Law No. 2 of 2014 on the Position of Notary and the 2025 Criminal Procedure Code Michael Josef Widijatmoko; Lisza Nurchayatie
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.992

Abstract

The enactment of Indonesia's 2025 Criminal Procedure Code (KUHAP 2025) has created a critical normative conflict with Law No. 2 of 2014 on the Position of Notary (UUJN), specifically regarding procedures for summoning notaries and seizing their deeds. While the UUJN mandates prior approval from the Notary Honorary Council (MKN) as a procedural safeguard, KUHAP 2025 introduces emergency seizure provisions that potentially bypass this requirement, undermining legal certainty and professional integrity. This article aims to analyze this normative disharmony, assess its impact on fundamental legal principles, and propose a harmonization model. Employing a normative legal research methodology, the study finds that the conflict erodes legal certainty, justice, legal protection, and transparency, placing notaries in an untenable "double bind." It concludes that a comprehensive reconstruction—encompassing legislative amendments to reinforce lex specialis, institutional collaboration, and technological modernization of evidence handling—is imperative. The implication is that such multi-dimensional solutions are essential to reconcile effective law enforcement with the protective safeguards necessary for the notarial profession and the rule of law in Indonesia.
The Implementation of Marriage Agreement Ratification by Notaries Post-Constitutional Court Decision 69/2015 Based on The Notary Law Lisza Nurchayatie; KRA Michael Josef Widijatmoko; Radif Khotamir Rusli
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.994

Abstract

Background. The Indonesian Constitutional Court's Decision No. 69/PUU-XIII/2015 fundamentally reshaped the landscape of marital law by permitting post-nuptial agreements, a significant departure from the previous regime under Law No. 1 of 1974 on Marriage, which only recognized pre-nuptial contracts. This legal transformation introduced a dialectical tension between the principle of freedom of contract for spouses and the imperative to protect third-party creditor rights. Purpose. This article analyzes the juridical implications of this decision, focusing on the expanded role and heightened responsibility of Notaries in drafting and ratifying these agreements. Methods. Using a normative legal research method, this study examines the notary's obligations under Law No. 2 of 2014 on the Position of Notary (UUJN) to ensure the publicity principle is met, a condition essential to the binding effect of an agreement on third parties. The analysis of Supreme Court jurisprudence, particularly in bankruptcy cases, reveals an uncompromising stance on the requirement of timely registration as an absolute. Conclusion. The article concludes that while the Constitutional Court’s decision champions contractual autonomy, its practical implementation exposes notaries to significant liability risks, necessitating enhanced due diligence and systemic reforms such as a centralized digital registry. Implementation. A robust preventive professional framework to mitigate the risk of fraudulent conveyance and preserve legal certainty in commercial transactions.
Co-Authors KRA Michael Josef Widijatmoko Michael Josef Widijatmoko Radif Khotamir Rusli