Notary Authority in Making Auction Minutes Deeds Based on the Regulation of the Minister of Finance No.90/PMK.06/2016

Abstract

This study seeks to examine the authority of Notaries to create Auction Minutes Deeds in Indonesia, as well as the evidentiary power of Auction Minutes Deeds, in accordance with Minister of Finance Regulation Number 90 / PMK.06 / 2016. This type of research is normative legal research. As for this study, the authors used a Statue approach, a conceptual approach. The results of the analysis show that a Notary as a Public Official can also hold concurrent positions as a Class II Auction Officer, this is in accordance with Law Number. 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary in Article 15 paragraph (2) letter g, which states that a Notary has the authority to make Deeds of Minutes of Auction based on Minister of Finance Regulation Number 106/PMK.06/2013 concerning Instructions for Conducting Auctions those who state that certain people are Class II Auction Officials are Notaries. A notary who has been appointed as Class II Auction Officer has the authority to make Deeds of Minutes of Auction and carry out auctions. Auction Minutes according to the Regulation of the Minister of Finance Number 90/PMK.06/2016 concerning Guidelines for the Implementation of Auctions with Written Bidding Without the Presence of Auction Participants Via the Internet is the minutes of the auction implementation made by the Auction Official which is an authentic deed and has perfect evidentiary power.

Keywords: notary authority, creation of deeds, auction minutes

DOI: 10.7176/JLPG/128-01

Publication date: January 31^st 2023