Developing a Monitoring System

Oct 13, 2025 by wbrum.org 143 views

Introduction

The notary position is a crucial institution in the administration of justice, responsible for authenticating and witnessing important documents. In Indonesia, the Notary Position Law (Undang-Undang Jabatan Notaris) regulates the duties and responsibilities of notaries, including the handover of the replacement notary protocol. Article 32 of the Notary Position Law stipulates that all handovers must be officially documented and reported to the Regional Supervisory Council. However, in practice, many notaries in Medan City do not comply with this regulation, leading to a number of problems, including the potential loss of important documents and difficulties in supervising notary activities.

Background

A replacement notary is a person who is temporarily appointed to replace a notary who is on leave, sick, or experiencing obstacles in carrying out his position. After the appointment, the notary and substitute notary are obliged to make the Minutes of Handover Protocol. This process is essential to ensure that all documents held by the notary can be passed on well and returned to the notary after the leave period ends. The handover protocol is a critical document that contains information about the documents held by the notary, including deeds, contracts, and other important documents.

Methodology

This study uses a normative juridical approach, analyzing the application of law relating to Law No. 2/2014, which is a change of Law No. 30/2004 and Regulation of the Minister of Law and Human Rights No. 61/2016. In addition, this research also collects data through interviews with two notaries, two replacement notaries, and two members of the Supervisory Council to get a deeper perspective on the practice of handover protocols.

Results

The results of this study showed that the implementation of Article 32 of the Notary Position Law in Medan City was not in accordance with applicable regulations. In practice, the minutes of the handover of the protocol should be made in two stages: first, when a replacement notary began to carry out his position and receive a protocol, and second, when a replacement notary completed his position and submitted the protocol back. Unfortunately, this does not happen, and many notaries ignore this obligation.

Discussion

The non-compliance with Article 32 of the Notary Position Law creates a number of problems, including the potential loss of important documents and difficulties in supervising notary activities. This condition shows the gap between the norms that have been set and real practice in the field. Inadequate implementation of this legal provisions needs to be a serious concern for the authorities.

Conclusion

To overcome this problem, it is recommended that the Regional Supervisory Council strengthen supervision and provide more intensive socialization related to the handover procedure of the notary protocol. Thus, it is hoped that every replacement notary and notary can carry out their duties well, in accordance with applicable law, in order to maintain public trust in the notary profession.

Recommendations

Strengthen Supervision: The Regional Supervisory Council should strengthen supervision over notaries and replacement notaries to ensure that they comply with Article 32 of the Notary Position Law.
Intensive Socialization: The Regional Supervisory Council should provide more intensive socialization related to the handover procedure of the notary protocol to ensure that notaries and replacement notaries understand their obligations.
Education and Training: The Regional Supervisory Council should provide education and training for notaries and replacement notaries on the importance of handover protocols and the procedures for making and submitting them.
Monitoring and Evaluation: The Regional Supervisory Council should monitor and evaluate the implementation of Article 32 of the Notary Position Law to ensure that notaries and replacement notaries comply with the regulation.

Limitations

This study has several limitations, including:

Sample Size: The sample size of this study is limited to two notaries, two replacement notaries, and two members of the Supervisory Council.
Data Collection: The data collection method used in this study is limited to interviews, which may not provide a comprehensive understanding of the issue.
Generalizability: The findings of this study may not be generalizable to other cities or regions in Indonesia.

Future Research

Future research should focus on:

Investigating the Causes of Non-Compliance: Investigating the causes of non-compliance with Article 32 of the Notary Position Law, including the lack of awareness, lack of resources, and lack of supervision.
Developing a Monitoring System: Developing a monitoring system to track the implementation of Article 32 of the Notary Position Law and provide feedback to notaries and replacement notaries.
Providing Education and Training: Providing education and training for notaries and replacement notaries on the importance of handover protocols and the procedures for making and submitting them.

Q: What is the purpose of Article 32 of the Notary Position Law?

A: The purpose of Article 32 of the Notary Position Law is to regulate the handover of the replacement notary protocol, ensuring that all documents held by the notary can be passed on well and returned to the notary after the leave period ends.

Q: Who is responsible for making the minutes of the handover protocol?

A: Both the notary and the replacement notary are responsible for making the minutes of the handover protocol, which should be done in two stages: first, when a replacement notary begins to carry out his position and receive a protocol, and second, when a replacement notary completes his position and submits the protocol back.

Q: Why is it important to make the minutes of the handover protocol?

A: Making the minutes of the handover protocol is essential to ensure that all documents held by the notary can be passed on well and returned to the notary after the leave period ends. This process also helps to prevent the loss of important documents and difficulties in supervising notary activities.

Q: What are the consequences of not complying with Article 32 of the Notary Position Law?

A: The consequences of not complying with Article 32 of the Notary Position Law include the potential loss of important documents and difficulties in supervising notary activities. This condition shows the gap between the norms that have been set and real practice in the field.

Q: What can be done to overcome the problem of non-compliance with Article 32 of the Notary Position Law?

A: To overcome this problem, it is recommended that the Regional Supervisory Council strengthen supervision and provide more intensive socialization related to the handover procedure of the notary protocol. This can be achieved through education and training for notaries and replacement notaries on the importance of handover protocols and the procedures for making and submitting them.

Q: How can notaries and replacement notaries ensure that they comply with Article 32 of the Notary Position Law?

A: Notaries and replacement notaries can ensure that they comply with Article 32 of the Notary Position Law by:

Making the minutes of the handover protocol: Both the notary and the replacement notary should make the minutes of the handover protocol in two stages: first, when a replacement notary begins to carry out his position and receive a protocol, and second, when a replacement notary completes his position and submits the protocol back.
Providing education and training: Notaries and replacement notaries should receive education and training on the importance of handover protocols and the procedures for making and submitting them.
Strengthening supervision: Notaries and replacement notaries should be supervised by the Regional Supervisory Council to ensure that they comply with Article 32 of the Notary Position Law.

Q: What is the role of the Regional Supervisory Council in ensuring compliance with Article 32 of the Notary Position Law?

A: The Regional Supervisory Council plays a crucial role in ensuring compliance with Article 32 of the Notary Position Law by:

Strengthening supervision: The Regional Supervisory Council should strengthen supervision over notaries and replacement notaries to ensure that they comply with Article 32 of the Notary Position Law.
Providing education and training: The Regional Supervisory Council should provide education and training for notaries and replacement notaries on the importance of handover protocols and the procedures for making and submitting them.
Monitoring and evaluation: The Regional Supervisory Council should monitor and evaluate the implementation of Article 32 of the Notary Position Law to ensure that notaries and replacement notaries comply with the regulation.

Q: What are the benefits of complying with Article 32 of the Notary Position Law?

A: The benefits of complying with Article 32 of the Notary Position Law include:

Preventing the loss of important documents: Complying with Article 32 of the Notary Position Law helps to prevent the loss of important documents.
Ensuring the smooth operation of notary activities: Complying with Article 32 of the Notary Position Law ensures the smooth operation of notary activities.
Maintaining public trust in the notary profession: Complying with Article 32 of the Notary Position Law helps to maintain public trust in the notary profession.