Model Ideal Majelis Pengawas Notaris sebagai Pengawas dan Pemeriksa Notaris Sumatera Utara

Abstract

A notary’s performance, which is expected to be professional, in reality, far form what has been wanted. It seems that many of them are not able to do their jobs professionally; there are malpractice cases, and their deeds cause conflicts. Therefore, a Notary’s position, which should be able to be expected to protect conflicts, turns out to cause conflicts in their deeds. The purpose of making notarial deeds is to avoid conflicts in the future. In practice, however, the code of ethics and the role of supervision on Notaries are still ignored. The objective of the research is to explore and analyze the implementation of supervision and examination on the work of a Notary is North Sumatra province, to criticize and analyze an ideal model (format) for the Notarial Supervisory Council in the North Sumatra, and to understand and analyze the application of the principles of justice and legal protection for Notaries in the implementing supervision on Notaries. This research uses a post-positivist paradigm, namely a paradigm with critical reality ontology, a juridical empirical approach, namely a juridical research conducted by studying and analyzing reciprocal correlation between law and other social institutions. In this research, the researcher uses some techniques of data collection in which the data are collected form field data, either interviews and/or questionnaires, conducted by directly observing competent stakeholders. The theoretical basis in this dissertation uses the triadism law, the theory utilitarianism and the theory cybernetics. The results of the suggests that 1 of Law No. 2 of 2014 on Notary Position, confirms that a Notary is a public official who has the authority to make authentic deeds concerning legal acts, contracts and regulations witch are required by laws and regulations. The ideal thins is that the supervision can be done any time, with the substance of the supervision materially and not merely formally in order to obey the regulations and the result of the finding and the concept suggested by the regulations, and the result of the finding and the concept suggested by the researcher is an ideal system to supervise a Notary. The researcher provides the title supervision as the “blockchain system supervision model.” It is that the House of Representatives and the Government do to reconstruction of the form of supervision on Notary position through a digital supervision system, not only conventional supervisory system since the later done by coming over the Notary's office, which is formal and cannot be conducted regularly.