Tanggung Jawab Notaris dan Pegawai Notaris dalam Menjaga Kerahasiaan Akta

Abstract

A notary is a Public Official who has the authority to make an authentic deed, and is required to keep everything related to the deed they make confidential. In carrying out duties and positions, a Notary is generally assisted by a notary employee in preparing everything that is needed by a Notary in making a deed. The responsibility for the authentic deed remains the responsibility of the Notary, if the notary employee leaks the deed made by the notary. Notary office employees who do not maintain the confidentiality of the deed by leaking the deed may be subject to witness Article 1365 of the Civil Code. The research uses normative juridical method, accompanied by descriptive analytic interviews and produces three conclusions from the problems discussed, namely: 1) Notary can be held civilly responsible due to negligence in maintaining the confidentiality of deeds carried out by their employees, although in this case the notary does do direct faults ; 2) Notary and notary employees who do not maintain the confidentiality of the deed can be charged with the provisions of Article 322 paragraph (1) of the Criminal Code, with the threat of imprisonment for a maximum of 9 (nine) months or a maximum fine of IDR 9,000,- (nine thousand Indonesian rupiah). Notary office employees who do not maintain confidentiality of the deed are also personally responsible for their faults; (3) The secret of the position attached to the legal umbrella of the position of a notary is used as a benchmark that must be carried out by a notary in carrying out their obligations, and maintain the confidentiality of the content of the deed from parties who have no direct interest with the deed. Based on these conclusions, it is suggested that: 1) The government should revise or create new rules by establishing a norm of the legal obligation of Notary employees to maintain the confidentiality of Notary deeds, so that there is no legal vacuum; 2) Notary must always have standards in hiring their employees that will be useful for the future; 3) It is expected that a Notary must increase supervision on their employees for everything that is done by their employees.