Tanggung Jawab Notaris sebagai Pemegang Protokol Atas Ketidaklengkapan Minuta Akta yang Diterimanya

Abstract

Minutes of Deed stored by the Notary as a part of protocol must be kept because it is the state archives. This storage is an attempt to keep the juridical age of a Notary deed, maintaining it to remain in effect and to bind the parties whose names are stated in the deed although the Notary recipient has retired. However in practice, However, in practice, minutes of deed are still found incomplete that the Notary who keeps the protocol cannot provide a second copy to concerned parties. This situation certainly creates difficulties to the notary, especially when the notary has passed away. The research discusses the legal consequences of the incomplete minutes of deed received by the Notary as the Protocol Recipient, the Notary's legal liabilities as the Protocol Recipient for receiving incomplete minutes of deed, and the notary's legal protection as the Protocol Recipient for receiving incomplete minutes of deed. This research employs empirical-juridical research which is conducted by first studying the secondary data and continued by studying the primary data in the field. This is descriptive-analytical research where the data are collected through library research. Data obtained are analyzed descriptively and qualitatively and presented through the descriptive-analytical method. The research conclusion is drawn using a deductive method by starting from the general case to something more specific. Based on the research result, the legal consequences of the incomplete minutes of deed which does not fulfill one of the requirements regulated in Article 16 paragraph (1) letter M and paragraph (7) is that it only has a power of an underhanded deed. Based on the stipulation, even though the Notary has officially retired, he still holds accountable until he passes away. The legal protection that can be imposed on the Notary Recipient of the Protocol in terms of receiving an incomplete minutes of deed where it becomes a complaint or lawsuit is that the Notary has a right to refuse before the court to not answer the questions regarding the protocol issues.