Challenges on Obtaining Legal Protection Through Notary Honorary Council for The Notary Presumed to Commit Crime

Abstract

The current study aimed at discovering the notary' challenge during their attempt at obtaining legal protection when facing an allegation of committing criminal activity. In carrying out their duty as a public officer who is authorized to make authentic deed and other authorities under the law, Notary needs to obtain legal protection for the sake of legal certainty and legal service function. The current study could be classified as an empirical legal study. This study employed primary and secondary data collected from interviews and document analysis. The collected data were analyzed by using an interactive model of qualitative analysis technique. Based on article 66 paragraph (1) of Law of The Republic of Indonesia No. 2 of 2014 about the changes to the law number 30 of 2004 regarding position of notary, it has been regulated that for judicial process, investigators, public prosecutors, or judges shall obtain the consent from The Notary Honorary Council to perform an investigation towards a Notary. Notary Honorary Council is an institution that borns to provide legal protection towards a Notary. Especially Regional Notary Honorary Council who is authorized in this case, by its panel of Inspector. However, in fact, there are several factors which make notaries had not felt optimal legal protection from the Regional Notary Honorary Council.

Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

“…Article 26, paragraph 1 of the Dutch COVID-19 Temporary Act, contains provisions for the implementation of the deed before a notary, using audiovisual facilities: "If the parties in a deed and another person cannot appear before a civil notary and a personal power of attorney is not sufficient for the execution of the deed, a civil notary may, subject to subtract Article 4:102 The Dutch Civil Code, for Article 43 Paragraph 4 foreigners, draw up a deed using a two-way audiovisual communication facility. A civil law notary will state this in the deed (Juleni & Sudarwanto, 2018).…”