ANALISIS TERHADAP PELAKSANAAN TUGAS JABATAN NOTARIS DI LUAR TEMPAT KEDUDUKANNYA

Abstract

The purpose of this study is to know about the notary office performance of duties outside the domicile and the legal consequences that may result from the execution of those office duties. This research is a juridical-empirical. It is juridical, as a basis for studying the problem rests theoretically on the science of law and regulations in force, which is traced through the study of literature in order to obtain secondary data. It is empirical, because the way to obtain the primary data is conducted through field research by observing the reality that occurred in the practice of notary daily activities. The results and discussion leads to the conclusion that it is theoretically a notary is prohibited carrying out the office duties outside the juridiction, but allows carrying out the office duties outside the domicile on the condition that they are still in the juridiction, not done on a regular basis, in a state of forced and only for the manufacture of certain deeds that are not possible to do in the domicile. In practice, a particular instance of the deeds is like a deed of will, the treatise of draw, dead of protest of unwillingness to pay, deed which was attended by many. Theoretically violation of the notary office performance of duties outside his domicile has the legal effect of the notarial deed and the notary concerned. The legal consequences of the notarial deed is the degradation of the quality from authentic deed to be deed under hand. The legal consequences of the notary concerned is the threat of civil sanctions in the form of paying compensation to the aggrieved party proven and/or administrative sanctions. In practice, administrative sanctions merely verbal warning and/or a written warning