The Right of Denial in Implementing the Position of Notary (Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020)

DOI

10.2991/assehr.k.210805.010How to use a DOI?

Keywords

Notary’s right of denial, secrecy of notarial profession, authority of public officials, Notary Honorary Council

Abstract

Legal protection is needed by notaries, given the obligation embedded with the notarial profession so that contents of the deed are kept confidential. In the application for the decision of the Constitutional Court Decision Number 16/PUU-XVIII/2020, the Indonesian Prosecutors Association asked for Article 66 paragraph (1) The Regulation of Notary Profession a phrase insofar as implementation of the phrase “with the approval of the Notary Honorary Council” contradicts the spirit of the 1945 Constitution of the Republic of Indonesia. It is the purpose of this research to study and analyze the legal protection of the notaries’ right of denial in carrying out his position related to the decision of the Constitutional Court Number 16/PUU-XVIII/2020. The method used in this research is normative research with statutory and case approaches. It can be concluded that legal protection for notaries is ensured through the presence of Notary Honorary Council or MKN in conducting examination before deciding whether or not to grant law enforcers to right to access and take copies of the original deed (minuta) and/or to summon the relevant notary. If the Examining Panel deems that the notary in question has professionally carried out his duties in accordance with the statutory regulations and that there is no violation related to the making of deeds, it shall thereupon reject the notary summons submitted by the law enforcement bodies.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Retno Indrianita Pratiwi
AU  - Benny Djaja
PY  - 2021
DA  - 2021/08/08
TI  - The Right of Denial in Implementing the Position of Notary (Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020)
BT  - Proceedings of the International Conference on Economics, Business, Social, and Humanities (ICEBSH 2021)
PB  - Atlantis Press
SP  - 66
EP  - 72
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210805.010
DO  - 10.2991/assehr.k.210805.010
ID  - Pratiwi2021
ER  -