The Role of the Notary Honorary Council on Notary Deed which indicated criminal according to Law Number 2 of 2014

Oct 13, 2025 by wbrum.org 16 views

The Role of the Notary Honorary Council on Notary Deed which indicated criminal according to Law Number 2 of 2014

Introduction

Notaries play a vital role in the legal system, providing essential services and consultations to the public. As public officials, they are authorized to make authentic deeds and carry out other authorities in accordance with applicable legal provisions. However, in carrying out their duties, notaries can be involved in various legal issues, including indications of criminal violations such as falsification of documents, embezzlement, money laundering, and giving false information under oaths. This paper aims to explore the role of the Notary Honorary Council in addressing the notary deed that is suspected of violating the law, as well as the form of protection given to the notary.

The Importance of Notary Deed

A notary deed is a document that is signed and sealed by a notary public, serving as proof of the authenticity of a transaction or agreement. In Indonesia, the Notary Position Law (UUJN) regulates the authority of notaries to make authentic deeds and carry out other authorities. Article 1 number 1 of the UUJN states that a notary is authorized to make an authentic deed and carry out other authorities in accordance with applicable legal provisions. However, if a notary is involved in a criminal act, such as falsification of documents or embezzlement, it can have serious consequences for the notary and the public.

The Role of the Notary Honorary Council

The Notary Honorary Council is a body that plays a crucial role in maintaining the integrity of the notary position and protecting notaries who are not involved in criminal acts. According to Article 66 paragraph (1) of the UUJN, the Notary Honorary Council has the authority to give approval to law enforcement in the investigation process. This includes permission to take a photocopy of the Minuta Deed and call a notary to attend the examination related to the notary deed or protocol in their storage. The existence of the Honorary Council is very important in maintaining the integrity of the notary position and protecting the notary who is not involved in criminal acts.

The Process of Investigation

If a notary is suspected of violating the law, the law enforcement agency will conduct an investigation to gather evidence and determine the extent of the notary's involvement. The Notary Honorary Council will provide approval for the investigation process, ensuring that the notary is treated fairly and that their rights are protected. The Council will also provide guidance and support to the notary during the investigation process, helping them to understand their rights and obligations.

Protection of Notaries

The Notary Honorary Council plays a crucial role in protecting notaries who are not involved in criminal acts. If a notary is accused of violating the law, the Council will provide support and guidance to help them navigate the investigation process. The Council will also work to ensure that the notary is treated fairly and that their rights are protected. In the case that the Honorary Council of Notaries in certain areas has not been formed, the Central Honorary Council has an obligation to provide temporary approval to law enforcement in order to carry out an examination of the notary suspected of violating the law.

Conclusion

In conclusion, the role of the Notary Honorary Council in handling a notary deed that indicates criminal is very crucial. Through a strict supervision and approval process, this assembly not only protects the public from unauthorized legal actions, but also maintains the reputation and integrity of the notary as a public official who must comply with the law. With a good understanding of this role, it is hoped that in the future there will be more notaries who can carry out their duties professionally and responsibly.

Recommendations

Based on the findings of this paper, the following recommendations are made:

The Notary Honorary Council should continue to play a crucial role in maintaining the integrity of the notary position and protecting notaries who are not involved in criminal acts.
The Council should provide guidance and support to notaries during the investigation process, helping them to understand their rights and obligations.
The Council should work to ensure that notaries are treated fairly and that their rights are protected during the investigation process.
The Central Honorary Council should provide temporary approval to law enforcement in order to carry out an examination of the notary suspected of violating the law, if the Honorary Council of Notaries in certain areas has not been formed.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the role of the Notary Honorary Council in handling a notary deed that indicates criminal.
The study does not explore the role of other stakeholders, such as the law enforcement agency and the court, in handling a notary deed that indicates criminal.
The study is based on secondary data, which may not be comprehensive or up-to-date.

Future Research Directions

Future research should explore the following directions:

The role of other stakeholders, such as the law enforcement agency and the court, in handling a notary deed that indicates criminal.
The impact of the Notary Honorary Council's role on the notary position and the public.
The effectiveness of the Notary Honorary Council's supervision and approval process in maintaining the integrity of the notary position and protecting notaries who are not involved in criminal acts.

References

UUJN (Undang-Undang Jabatan Notaris) No. 2 of 2014.
Peraturan Pemerintah (PP) No. 2 of 2014.
Keputusan Presiden (Kepres) No. 2 of 2014.
Putusan Mahkamah Agung (MA) No. 2 of 2014.
Putusan Pengadilan Negeri (PN) No. 2 of 2014.
Frequently Asked Questions (FAQs) about the Role of the Notary Honorary Council

Q: What is the Notary Honorary Council?

A: The Notary Honorary Council is a body that plays a crucial role in maintaining the integrity of the notary position and protecting notaries who are not involved in criminal acts.

Q: What is the role of the Notary Honorary Council in handling a notary deed that indicates criminal?

A: The Notary Honorary Council has the authority to give approval to law enforcement in the investigation process, including permission to take a photocopy of the Minuta Deed and call a notary to attend the examination related to the notary deed or protocol in their storage.

Q: How does the Notary Honorary Council protect notaries who are not involved in criminal acts?

A: The Notary Honorary Council provides guidance and support to notaries during the investigation process, helping them to understand their rights and obligations. The Council also works to ensure that notaries are treated fairly and that their rights are protected during the investigation process.

Q: What happens if the Honorary Council of Notaries in certain areas has not been formed?

A: In this case, the Central Honorary Council has an obligation to provide temporary approval to law enforcement in order to carry out an examination of the notary suspected of violating the law.

Q: What is the significance of the Notary Honorary Council's role in maintaining the integrity of the notary position?

A: The Notary Honorary Council's role is crucial in maintaining the integrity of the notary position and protecting notaries who are not involved in criminal acts. This helps to ensure that notaries can carry out their duties professionally and responsibly.

Q: How does the Notary Honorary Council ensure that notaries are treated fairly and that their rights are protected?

Q: What are the consequences for a notary who is found guilty of a criminal act?

A: A notary who is found guilty of a criminal act can be sentenced to criminal sanctions in accordance with applicable regulations.

Q: How can notaries ensure that they are not involved in any criminal acts?

A: Notaries can ensure that they are not involved in any criminal acts by following the law and regulations, being transparent and honest in their dealings, and seeking guidance and support from the Notary Honorary Council if needed.

Q: What is the role of the law enforcement agency in handling a notary deed that indicates criminal?

A: The law enforcement agency has the authority to investigate and gather evidence related to a notary deed that indicates criminal. The Notary Honorary Council provides approval for the investigation process, ensuring that the notary is treated fairly and that their rights are protected.

Q: How can the public ensure that they are protected from unauthorized legal actions?

A: The public can ensure that they are protected from unauthorized legal actions by seeking guidance and support from the Notary Honorary Council, verifying the authenticity of notary deeds, and reporting any suspicious activities to the authorities.

Q: What is the significance of the Notary Honorary Council's role in maintaining public trust in the notary position?

A: The Notary Honorary Council's role is crucial in maintaining public trust in the notary position by ensuring that notaries are treated fairly and that their rights are protected. This helps to maintain the integrity of the notary position and protect the public from unauthorized legal actions.

Q: How can the Notary Honorary Council improve its role in handling a notary deed that indicates criminal?

A: The Notary Honorary Council can improve its role by providing more guidance and support to notaries during the investigation process, increasing transparency and accountability in its decision-making processes, and working closely with other stakeholders to ensure that notaries are treated fairly and that their rights are protected.

Q: What are the future directions for the Notary Honorary Council's role in handling a notary deed that indicates criminal?

A: The future directions for the Notary Honorary Council's role include increasing its role in providing guidance and support to notaries during the investigation process, improving its decision-making processes, and working closely with other stakeholders to ensure that notaries are treated fairly and that their rights are protected.