Notary Legal Protection Related to Notary Summons in the Notary Audit Process Post the Decision of the Constitutional Court Number 16/Pu-Xviii/2020
- DOI
- 10.2991/978-2-38476-024-4_67How to use a DOI?
- Keywords
- Notary Legal Protection; Notary Summon; Notary Examination Process; Post Constitutional Court Decision
- Abstract
This study aims to ensure every citizen’s certainty, order, and legal protection. In providing legal certainty, order, and legal protection, authentic written evidence is needed regarding acts, agreements, stipulations, and legal events made before or by an authorized official. One of the authorized officials referred to is a Notary. The problem in this research is the legal protection of a notary related to the summons of a notary in examining a notary after the Constitutional Court Decision Number 16/PU-XVIII/2020. The research method uses empirical juridical research, with a law approach, case approach, and historical approach, and this concept approach refers to legal principles. The results of this study indicate that (1) the position of the Notary Honorary Council regarding the summons of a notary in the examination process of the Police investigation as a coaching agency aims to protect the good name of the Notary from investigators, public prosecutors, and judges against taking minutes of deed and summoning a notary means that investigators, public prosecutors, and judges cannot directly summon a Notary for the investigation and judicial process. (2) Legal protection of a notary related to the summons of a notary in the process of notarizing a notary after the Constitutional Court Decision Number 16/PU-XVIII/2020 against a criminal act suspected of a person, if it was committed or occurred before a notary. In Article 66 of Law Number 2 of 2014 concerning the Position of a Notary, to take a photocopy of the minutes and summons of a Notary with the approval of the Notary Honorary Council is only limited to examinations related to the Notary Deed or Protocol that is in the Notary’s custody, while for other criminal cases not related to the duties and authorities of a Notary, then the criminal procedure law as regulated in the Criminal Procedure Code is still applied.
- Copyright
- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Kurniawan Budi Santoso PY - 2023 DA - 2023/04/19 TI - Notary Legal Protection Related to Notary Summons in the Notary Audit Process Post the Decision of the Constitutional Court Number 16/Pu-Xviii/2020 BT - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022) PB - Atlantis Press SP - 669 EP - 678 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-024-4_67 DO - 10.2991/978-2-38476-024-4_67 ID - Santoso2023 ER -