Notary’s Responsibility after the Transfer of the Place of Work to The Completeness of the Notary Protocol in West Sumatra

Abstract

The authority of the notary is very susceptible of legal violations. The role of the supervisory board is very important to maintain the notary profession in carrying out the authority. Law enforcement is urgently needed when a violation arises, in which a troubled notary must be sanctioned. The objectives of this study are: 1) to find out the transfer process of notary’s place of work, 2) to find out the notary’s responsibility after the transfer of his/ her place of work toward the completeness of the notary protocol, 3) to find out the legal consequences if a notary, who does the transfer of his/ her place of work, does not complete the notary protocol in the area of West Sumatra. This study applies juridical empirical approach using secondary and primary data types. The Regional Supervisory Board of Padang City mentioned that the causes of legal violations committed by a notary in Padang City are that (1) the notary likes to accept a work that is not in accordance with the date stated in the deed and (2) the notary often does not see the client directly. Prevention for legal violations committed by the notaries in Padang City can be carried out by conducting socialization and direct observation to the field. If a legal violation committed by a notary occurs, the action that needs to be taken is to carry out the inspection process to prove whether or not the notary has committed a violation.

The notary’s responsibility toward the authenticity of credit bank guarantees in Indonesia

“…A notary is a public officer whose function is to guarantee the validity of deeds. The community needs the services of a notary to request that deeds be crafted as authentic evidence for any acts or legal relationships that the parties want or that are required by law to be authenticated (Arvio et al, 2019). The legal provisions that form the basis for the existence of notaries in Indonesia are contained in Article 1868 of the Civil Code, which states: "Authentic deed is a deed which is determined by law, made by or before the authorized public official for whom the deed is made".…”