| dc.description.abstract | Notaries, in carrying out their duties and authorities, Notaries must follow the regulations contained in Law Number 30 of 2004 cocerning the Position of Notaries and Law Number 2 of 2014 concerning Amandements to Law Number 30 of 2004 which are the basis for Notaries and these regulations are binding on the Notary himself. There are obligations in carrying out his duties that must be fulfilled by Notaries, one of which is to be the holder of the protocol. Notaries who are appointed as holders of the protocol are responsible for dees that are not made by the Notary himself. However, in reality in the field, lawsuit have been found against notaries holding protocols over the protocols they hold ada are very contrary to the provisions of the Law which are tha basis for Notaries in carrying out their duties and positions. In this study, there are three problem formulations, namely how are the obligations and responsibilities of a Notary as the holder of the protocol in terms of storing and maintaining the protocol after the end of the pervious Notary’s term of office, how is the legal protection for a Notary who is sued as the holder of the protocol from a deceased notary against of the supreme court decision number 1791 K/Pdt/2022 and how is the legal analysis of the supreme court decision number 1791 K/Pdt/2022.
The method used in this research is normative legal research with data collection technique using library research and supported by interview with two informants or sources.
The results of the study indicate that there is an imbalance between das sein and das sollen. That based on the applicable law which is the basis for Notaries, Notaries cannot be sued for he protocold hel by them because Notaries are only obliged to store, maintain and preserve them. Regarding this problem, two legal protections are given to prevent the same dispute from occurring in the future, namely preventive protection and repressive protection. As a form of preventive protection, Notaries must be careful and thorough with the deeds they make. As a form of repressive protection, there needs to be contioniud supervisioan and guidance for Notaries in carrying out the duties and positions. | en_US |
