Reconstruction of the Regulation of the Position of a Notary as a Public Official Based on Justice Values

Abstract

This research aims to analyze and find regulations on Notary positions as public officials that are not based on the value of justice, analyze and find weaknesses in the current regulations on Notary positions. As well as to find a reconstruction of the regulations for the position of Notary as a public official based on the value of justice. The research method used is a normative legal research method aimed at examining the function of a norm which places the law as an instrument that regulates and controls society. The approaches used in this research are the conceptual approach, statutory approach, philosophical approach and comparative approach. The analysis used is descriptive qualitative.In carrying out the position of notary, professional responsibilities are required related to the services provided by the Notary. This responsibility can arise because the Notary does not fulfill the agreement that has been agreed with the client or as a result of the notary's negligence as a service provider which results in an unlawful act. Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries does not contain the obligation of Notaries as service providers to provide the widest possible information to clients regarding the duties and authorities of notaries. A notary makes a mistake, negligence or violation, so the party who is often blamed is the client. This is clearly not true and does not fulfill a sense of justice towards the client because it is an act of passing the responsibility for one's mistakes onto another person. Regulations on Notary positions as public officials as regulated in the UUJN are known to have several weaknesses. These weaknesses are found in the regulation of the notary's authority in making land deeds which clashes with the PPAT, resulting in a conflict of authority, and to obtain an ideal notary position law and fulfill a sense of justice, the reconstruction of the Notary's position as a public official in the Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 requires reconstruction of Article 1 number 1 and Article 15 paragraph (1) of UUJN so that the scope of notary authority relating to making land deeds is not blurred and does not conflict with PPAT authority as explained in Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Officials. Article 3 letter b of the UUJN also needs to be reconstructed because the words of fear of God Almighty are abstract, subjective so they cannot be seen and cannot be measured.

Keywords: Reconstruction, Regulation, Notaries, Public Officials, Justice

DOI: 10.7176/JEP/14-36-08

Publication date: December 31^st 2023