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.

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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  -