Pemidanaan terhadap Notaris yang Melakukan Tindak Pidana Penggelapan (Studi Putusan Pengadilan Negeri Denpasar Nomor: 300/Pid.B/2015/PN.DPs dan Putusan Pengadilan Negeri Medan Nomor: 65/PK/Pid/2019

Abstract

As a public official, a Notary has the authority to serve people according to morality, professional ethics, and legal provisions. As a human being, he makes errors or commits offenses. If he is proved to commit an offense against Article 16 and Article 17 of UUJN (Notarial Act), sanction can be imposed on him such as civil sanction, administrative sanction, Code of Ethics sanction, and criminal sanction even though there is no criminal sanction found in the UUJN; it only exists in the KUHP (Criminal Code). The research problems which would be studied are how about the conviction of a Notary committing embezzlement criminal offense were as follows: how about the regulation on the sanctions imposed on a Notary committing embezzlement criminal offense, how about the guidance for imposing a penalty on him, and how about the policy of criminal law on him. The research uses juridical normative, based on the library research, in order to obtain the needed materials. This research analyzes two Verdicts. The result of the research shows that the regulation on criminal offense in embezzlement committed by a Notary is specified in Article 372 of the KUHPidana (the Indonesian Criminal Code). The guideline for imposing a sanction on a notary committing embezzlement criminal offense is by considering juridical and non-juridical requirements by the judge. The policy of criminal law on embezzlement criminal offense is penal policy (a policy which imposes positive law) and non-penal policy (preventive action) before the offense occurs.