Indicator of Severe Violations Against Obligation and Prohibition of Notary Under the Notary Public Law

Abstract

Pursuant to Article 12 letter (d) The Notary Public Law, the notary can be dismissed in disrespect when committing a severe violation of the obligation and prohibition of office. Severe violations based on Article 12 of the letter (d) is where the notary does not carry out obligations and violate the prohibition of the notary office. However, when associated with a notary obligation and prohibition set out in Article 16 and Article 17, The Notary Public Law does not constitute a clear arrangement of any notarized obligations and prohibitions which can be categorized as a severe violation so that the notary can be dismissed in disrespectful. The problem is how the indicator of severe violations of the obligation and prohibition of notary based on The Notary Public Law and how the implementation of legal sanctions on a notary who committed a severe violation of obligations and a notarized ban. This research aims to analyse the indicators of severe violations of legal obligations and prohibitions based on The Notary Public Law and the application of law sanctions against notaries that commit severe violations of the obligation and prohibition of notary ban. The method of this research is using a normative legal research methods because it examines the provisions of the legislation on the violation of severe violations of obligations and prohibitions. The approaches used are statutory approaches, conceptual approaches, and comparative approaches. The result of this research is first, the indicator of severe violations as referred to in Article 12 letter (d) The Notary Public Law and explanation is not fulfill the obligation and violate the prohibition of notary Office. The notary obligation which is stipulated in Article 16 of The Notary Public Law-P which if not fulfilled can be categorized as a severe violation among them is a notarized unacting, honest, careful, independent, immoral and safeguard the interests of the parties in conducting legal action, notary does not make a deed in the form of Deed Minuta and save it as part of a notary protocol, notarized not to attach letters and documents as well as fingerprints of the appearer in deed, notaries do not issue grosse deed, copies of the deed, or deed excerpts based on a deed, notary does not conceal any information obtained of the deed which is made, notary does not submit a list of deeds relating to the Will to the center of Wills in the Ministry of Government conducting Legal affairs within 5 (five) days of the first week of the following month , the notary is not reading the deed in front of the witness by being attended by at least 2 (two) witnesses, or 4 (four) special witnesses to the creation of the private deed and signed at that time also by the appearer, witnesses, and notary. A notarized prohibition as stipulated in Article 17 of The Notary Public Law-P that if violated may be categorized as a severe violation, i.e. a notary public, running a position outside of office, a notary as a civil servant, state officer, advocate, leader or officer of a state-owned enterprise, a regional-owned business entity or a private business entity, and concurrently serving as land deed official and/or class II auction office outside the notary public. Secondly, the application of legal sanctions that can be imposed against a notary who commits a serious violation of the obligation and a notarized ban among them are administrative sanctions, civil sanctions, notary code sanctions, or criminal sanctions.

Keywords: indicators, severe violations, the notary public law.

DOI: 10.7176/JLPG/98-03

Publication date:June 30th 2020