Tanggung Jawab Hukum Bagi Notaris yang Dijatuhi Pidana terhadap Berkas yang Masih Diproses

Abstract

A notary is a public official who has the authority to make authentic deeds in accordance with Article I number I of Law Number 30 of 2004 concerning the position of notary (UUJN). Notaries who violate statutory provisions must be held civilly, administratively or criminally responsible according to their actions. Article 13 UUJN only regulates the dishonorable dismissal of Notaries who have been sentenced to permanent legal penalties of more than 5 years or more by the Minister, whereas Notaries who have been detained or sentenced to less than 5 years can be temporarily suspended and the submission of the notary protocol can only be handed over to a Substitute Notary if the suspension is temporary, more than 3 months according to Article 63 paragraph (3) UUJN. The problems in this research are (1) What is the legal certainty regarding files/deeds made by notaries who have been sentenced to crime. (2) How the position and authority of a notary is subject to criminal punishment. (3) What are the legal responsibilities of a convicted notary regarding files that are still being processed? The type of research used is normative, this research is descriptive analytical in nature which aims to accurately describe legal regulations in the context of legal theories and their implementation as well as analyzing the facts carefully. The data used in this research is a secondary data source. Data collection was carried out using library research. This research used qualitative data analysis. A notary who has been sentenced to a crime or is undergoing a period of temporary suspension as a notary has had his authority revoked and it is invalid if he continues to issue a copy of the deed. A Notary who is dishonorably dismissed due to a sentence of more than 5 years or more, the position and authority of the Notary is revoked and cannot be restored and the notary protocol is handed over to the Notary who replaces the one appointed by the Minister on the recommendation of the Regional Supervisory Council and regarding the authority and position of the Notary Those who are temporarily suspended can be reinstated and returned to being a Notary and carry out their position when the temporary suspension period has ended, this is in accordance with Article 10 paragraph (2) UUJN. The responsibility of a notary who has been sentenced to a crime to continue client files/deeds which are still being processed will shift to a replacement notary appointed by the MPD after the submission of the notarial protocol is carried out so that the documents can still be completed. The replacement notary will only be responsible for every deed he makes even though the notarial protocol has been submitted to the party holding the notarial protocol, this is in accordance with Article 65 UUJN. Notaries carry out their authority and duties in a trustworthy manner and comply with UUJN so that the deed provides legal certainty, benefit and justice and does not harm clients. The authority and position of a notary who is a suspect in a criminal case is not necessarily suspended forever. However, it is best as a notary to carry out his duties honestly and follow both UUJN and applicable regulations. UUJN needs to have clearer regulations regarding files that are still being processed if the notary is sentenced to a crime. It would be good if the notary with suspect status is given a suspension or temporary dismissal, even if it does not reach 3 months, so that the notary becomes more careful in carrying out his duties.