Responsibilities of Regional Supervisor Toward Notary Protocols From Other Notaries Which Have Been Aged Twenty-Five Years or More

Abstract

Notary Supervisory Board, hereinafter referred to as "Supervisory Board", is a body that has the authority and obligation to carry out guidance and supervision of Notaries. Based on the provisions of Article 63 paragraph (4) of the UUJN, then after the term of office of the Notary has ended, the Notary protocol shall be submitted to another Notary appointed by the Minister at the proposal of the Regional Supervisory Council. Therefore, the legal status of the Notary Protocol is transferred to a Notary who replaces the notary that has ended his term of office, or to the Regional Supervisory Council, as stipulated in Article 63 paragraph (5) of the UUJN. That the Notary protocol from other Notaries who at the time of delivery is 25 (twenty-five) years of age or older is submitted by the Notary recipient of the Notary Protocol to the Regional Supervisory Council (MPD). The submission of the protocol is done no later than 30 (thirty) days by making the minutes of submission of the Notary protocol signed by the person who submits and who receives the Notary Protocol. This provision indicates an empty norm. The empty norm referred to is the absence of certainty as to who is responsible for the Notary Protocol. As for the problem, is the role of the Regional Supervisory Council in the implementation of supervision of the Notary Public and how the responsibility of the Regional Supervisory Council for the Notary Protocol of other Notaries who are twenty-five years old or more. There is a Research Objective to study and analyze the role of the Regional Supervisory Board in carrying out supervision of the Notary Public and to study and analyze the form of responsibility of the Regional Supervisory Board for Notary Protocols from other Notaries who have been aged twenty five years or more. The type of research used in this study is legal research normative. The focus of this normative research is on secondary legal material sources, which are obtained from library materials, in this case in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The approach used is the Conceptual Approach (Legislative Approach) Statute Approach). The results of this study are the first role of the Regional Supervisory Council in the implementation of supervision of the Notary whose main purpose of supervision is so that all rights and authorities and obligations given to the Notary Public in carrying out their duties as provided by the relevant basic regulations, are always carried out above the specified path, not only legal channels but also on the basis of moral and professional ethics for ensuring legal protection and legal certainty for the community. The other side of oversight of a Notary, is the aspect of legal protection for the Notary in carrying out his duties and positions as a public official. the second is the responsibility of the Regional Supervisory Council for the Notary Protocol from other notaries at the time of submission that is twenty-five years or older based on Article 70 letter e, asserting that the Regional Supervisory Council (MPD) has the authority to determine the place of storage of the Notary Protocol at the time the handover of the Notary Protocol has been 25 (twenty five) years or more.

Keywords: Responsibility, Regional Supervisory Council, Notary Protocol from other Notaries

DOI: 10.7176/JLPG/98-10

Publication date:June 30th 2020