KEPAILITAN JABATAN NOTARIS DAN AKIBAT HUKUMNYA TERHADAP AKTA-AKTA NOTARIS YANG DIBUATNYA (STUDI KASUS TERHADAP PUTUSAN PKPU NO. 20/PDT.SUS-PKPU/2020/PN.NIAGA.SBY)

Notary is a public official who has the authority to make authentic deeds and has other powers, the authentic deeds is perfect evidence so as to guarantee certainty, order and legal protection. Normatively a Notary can be bankrupt, however the Law of Notary Office and the Law on Bankruptcy and PKPU have no clearer regulations. Devi Chrisniawati was declared bankrupt after The Surabaya Commercial Court Judge rejected PKPU’s request. Bankruptcy can cause a notary to be dishonorably dischanged from his/her duites and authority. Notary bankrupt according to their respective capacities, whether the Notary is bankrupty because of office or outside office, if the bankruptcy is due to position then the Notary Public Law regulates it even though it is not clear that the regulation is contained in the Law on Notary Office. Notary is bankrupt because of office in excercising authority it is not in accordance with the Law on the Office of Notary, namely violating the privisions of Articles 84. Law so as to cause a loss and if the value of the loss is greater so that all the assets of the Notary are insufficient to pay for it is declared bankrupt. Bankruptcy notary outside office, namely a Notary who has a business and in that business is experiencing bankruptcy and fulfills the provisions of Articles 2 paragraph (1) of the Bankruptcy Law and PKPU to be declared bankrupt. A notary as a debtor who is declared bankrupt will lose his ability to manage the assets. The deed that he has made still an authentic deed, because with the bankruptcy, the Notary does not mean that he has lost his authority as a notary and as long as the deed is not denied its validity

Tanggung Jawab Kekuatan Mengikat Kode Etik Notaris dalam Pembuatan Akta-akta Notaris di Wilayah Kabupaten Tanjung Jabung Barat

With the presence of the notary public code of conduct, then the Notary in performing tasks and authority as well as to make the deed must be accountable and to the provisions of the code of conduct. Thus, the notary public code of conduct binding on all things will be done by the Notary deeds in Office.Force of law Notary code of conduct mandatory also implemented by the Notary in the region of the Western Cape Jabung Regency in making the deed-notary deed of an act of law that occurred in the middle of the life of the community. But in reality, there are just the notary who made the deed is not in line with the provisions of the code of etiknya, which resulted in the existence of problems or disputes in the community caused the discharge or publication of the notary deed.Deviation of the acts committed by the notary deed in the making that can harm society can eliminate the responsibility of the force of law Notary code of conduct itself. However, it is not no action against a notary public in violation of the provisions of the code of conduct in the making of the notary deed, but the Notary may incur sanctions have also been set in the notary public code of ethics

Tanggung Jawab Notaris Terhadap Akta Otentik Yang Berakibat Batal Demi Hukum Pada Saat Berakhir Masa Jabatannya

Article 65 of the Law Number 2 of 2014 on the Amendment of Law Number 30 Year 2004 concerning the Notary Position states that: "Notary, Substitute Notary, Substitute Special Notary and the Acting Notary are responsible for every deed he or she has made??, although the Notary Protocol have been delivered to the depositary Notary Protocol". The ambiguity of norm in this Article leads to the interpretation that a Notary is responsible indefinitely for the rest of his/her life to the deed made, even though his/her tenure has expired. Notary is responsible for the deed he or she has made, without any exception when the deed is null and void. The question arises are as follows: what causes the authentic deed that is drawn up before Notary becomes null and void, and what is the liabilities of the Notary to the authentic deeds that declared to be null and void at the expiry time of his/her tenure. The study is a normative legal research, which departs from the obscurity of norms on the liabilities of a notary to authentic deeds considered to be null and void of the expiry of the notary's tenure. The types of approach used were statutory and conceptual approaches. The legal materials used were primary, secondary, and tertiary legal materials, through the technique of literary review by a card system. To analyze the legal materials, it was used a descriptive and interpretative techniques as well as the grammatical interpretation. The results of this study indicated that an authentic deed of Notary considered to be null and void, if it does not meet the requirements of Article 1320 of the Civil Code regarding the terms of a valid agreement, Article 1868 of the Civil Code regarding the authenticity of the deed, Articles in the Law of Notary Position/UUJN particularly Article 16 paragraph (1) letter l, Article 16 paragraph (1) letter (k), Article 44, Article 48, Article 49, Article 50 and Article 51. In addition, a deed also must not conflict with the Notary Code of Ethics and the applicable laws and regulations associated with the deed. A notary who has ended his/her tenure is held responsible if the authentic act has been proved to be null and void and has not expired before the thirty years since the deed was made. Based on the theory of fautes personalles, notary is personally responsible for his/her actions. There are 4 (four) types of the Notary liabilities, namely: rise to civil liability, criminal liability, liabilities based on the UUJN and under the Code of Ethics of Notary

Tanggungjawab Werda Notaris Terhadap Akta Yang Dibuatnya

Notary public officials prosecuted as responsible for the deed he had done, even though the notary protocol has been submitted or transferred to the storage protocol notary. In accordance with the provisions of Article 65 UUJN, nursing notary still be held accountable for every deed he made. After the end of his tenure, there is no provision in the UUJN which describes the legal protection of nursing notary, because UUJN only regulate matters relating to active notaries. The legal position of notary protocol switch to a notary that replaces the notary who has ended his term of office, or to the Regional Supervisory Council, as provided for in Article 63 paragraph (5) UUJN

Kajian Yuridis Pencabutan Pasal 66 Ayat (1) Uujn No. 30 Tahun 2004 oleh Mahkamah Konstitusi (Putusan Mk No. 49/puu-x/2012) dan Keluarnya UU No.2 Tahun 2014 Tentang Perubahan UU No.30 Tahun 2004 Tentang Jabatan Notaris

Article 66 paragraph (1) of Law of Notary Position No.30/2004 is a form of legal protection provided by the legislation for notary as public official. The research was a descriptive analytical normative juridical. The result of the research showed that the revocation of Article 66 paragraph (1) of Law of Notary Position No.30/2004 had the consequence of calling and examining a notary in a criminal case by the police investigators directly without getting any permission from the Notary Honorary Council. The revocation of Article 66, paragraph (1) of Law of Notary Position No. 30/2004 had caused the authority o f the Notary Honorry Council in giving the lisence in a written form the investigators and judges in the process of calling and examining the crimninal case which had been revoked its authority. The enactment of Law of Notary Position No: 2/2014 containing legal protection for the notaries who are called and examined in a criminal case has not been able to be implemented yet because the Notary Honorary Council with authority in giving permission to call and examine a notary in a criminal case has not been established

Perlindungan Hukum Bagi Jabatan Notaris Berdasarkan Pasal 66 Uujn Setelah Lahirnya Putusan Mahkamah Konstitusi Republik Indonesia Nomor: 49/puu-x/2012

Notary Supervisory Regional Assembly (MPD) is an institution that is based upon the provisions of Article 66 and Article70 (a) of Law No. 30 of 2004 Regarding Notary. The presence of MPD in the practice of providing protection for the notary public to call as a witness to the deed is made?? for the purpose of investigations or proceedings in a civil or criminal case. Based MKRI's Decision Number 49/PUU-X-2012 dated May 28, 2013, authorized the MPD as a protective institution notary office to be reduced, so that each call-related notary deed made?? in the examination as a witness or as a defendant/suspect by police, prosecutors and following a court decision photo copy minute deed or notarial protocol in storage no longer require the approval ofthe MPD. Issues arising under the MKRI's decision are the lack of legal protection forthe notary, but notary publicis an officer who makes authentic act that has legal force and position it perfectly guaranteed by law. Based on the problems, can be formulated in concerns about how the form of legal protection for the office of notary public in the event ofa notary as a witness by calling the police or the courts after the birth of the MKRI Judgment and Decision MKRI whether it also resulted in  the provision of Article 70 (a) does not need to be implemented by the MPD in relation to the result of calling the notary deed is made

Pertimbangan Pembentukan Pengaturan Besaran Minimal Honorarium Notaris dalam Undang Undang Jabatan Notaris

Notary Public Job. The base to determine the honorarium of Notary Public to be charged for the client is accorded to economical and sociological values as explained in Article 36 of Act No. 2 of 2014 about Notary Public Job. The determination of minimal honorarium Notary public profession as the national officer is not given salary by the nation but they are provided with honorarium by the client as stated in Act No.2 of 2014 under amendment against Act No. 30 of 2004 about of a notary officer, however, does not have a reliable manual because every notary profession varies, thus causing unhealthy competition. Research type is normative juridical research or normative legal research, which is that it attempts to review the regulations that have been determined for a certain law problem. The urgency to determine minimal honorarium of notary based on notary job acts shall be considered because honorarium represents a part of notary profession. Honorarium always supports the performance of notary to deliver professional work. The determination of notary minimal honorarium standard will always help to keep the professionalism of notary in walking on their profession. The formulation of ideal honorarium for notary must be based on the regulation about notary job organization where the notary organization regulation of each region will determine the minimal tariff of notary service such that the notary will find justice to accept the notary service tariff. Organizational regulation will give sanction for any violations against the minimal tariff standard of notary service in each region. Key words: consideration, regulation, conformation, minimum determination for honorarium, notary Abstrak Profesi notaris sebagai pejabat negara dalam menjalankan jabatannya tidak digaji oleh Negara melainkan mendapatkan honorarium dari kliennya diatur didalam Undang-undang No 2 Tahun 2014 Perubahan atas Undang-undang No 30 Tahun 2004 tentang Jabatan Notaris.Dasar dari penetapan honorarium Notaris kepada klien berdasarkan nilai ekonomis dan sosiologis dalam Pasal 36 Undang- undang Jabatan Notaris.Dalam penetapan besaran minimal honorarium seorang Notaris belum memiliki sebuah pedoman, antara sesama profesi notaris tidak memiliki kesamaan dan cenderung ke persaingan yang tidak sehat. Penelitian ini merupakan penelitian Yuridis Normatif (Normatif Legal Research) yaitu penelitian yang dilakukan dengan cara mengkaji peraturan Perundang-undangan yang berlaku atau ditetapkan pada suatu permasalahan hukum tertentu. Urgensi penetapan besaran minimal honorarium notaris dalam undang-undang jabatan notaris, seharusnya segera diatur karena honorarium merupakan bagian dari profesi notaris.Honorarium menunjang kinerja notaris agar tetap bekerja secara profesional. Penentuan standart minimal honorarium notaris akan sangat membantu menjaga profesionalitas notaris dalam menjalankan profesinya. Sedangkan formulasi penetapan honorarium bagi notaris yang ideal yaitu Sebaiknya penetapan mengenai honorarium diatur dalam peraturan organisasi jabatan notaris, di mana berlakunya penetapan peraturan organisasi notaris tersebut pada tiap regional masing-masing ditetapkan berapa tarif minimal jasa notaris, sehingga terciptanya keadilan bagi notaris dalam menerima tarif jasa notaris. Kemudian dalam peraturan organisasi tersebut dibuatkan sanksi atas pelanggaran terhadap ketentuan penetapan standar tarif minimum jasa notaris yang berlaku di tiap-tiap regional. Kata kunci: pertimbangan, pembentukan pengaturan, besaran minimal, honorarium, notari