Legal Protection for Notaries Managing Protocols of Other Notaries: A Preventive and Repressive Approach in Indonesia
DOI:
https://doi.org/10.47268/tatohi.v6i3.3412Keywords:
Law, Notary, Protection, ProtocolAbstract
Introduction: Legal protection for notaries who hold other notary protocols is a crucial issue in the Indonesian legal system to maintain the integrity of authentic deeds.
Purposes of the Research: This research aims to analyze the responsibilities and forms of preventive and repressive legal protection for notaries who receive the protocol.
Methods of the Research: Using normative research methods with legislative and conceptual approaches, this study examines primary, secondary, and tertiary legal sources.
Findings of the Research: The main findings show that preventive protection is inadequate in the Law on Notary Offices related to the submission of protocols, while repressive protection through civil and criminal law mechanisms faces challenges in proving errors. This study identifies that the Notary Position Law needs to be clarified regarding the limitations of the responsibility of notaries who receive the protocol, especially related to negligence that occurred before the protocol was submitted. The contribution of this research is to provide concrete recommendations for the improvement of regulations to create legal certainty and notary professionalism in the management of vital state archives
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Abdul Ghofur Anshori, Indonesian Notary Institution: Legal and Ethical Perspectives, Yogyakarta: UII Press, 2016.
Eko, P.P., "The Position and Responsibilities of a Notary Receiving a Protocol from a Deceased Notary," Journal of Islamic Law no. 5, (2020).
Latifah. Notary's Responsibility in Violating the Notary Code of Ethics. Officium Notarium 1, no. (2021). DOI: https://doi.org/10.20885/JON.vol1.iss1.art15
Liliana Tedjosapatro, Notary Practice and Criminal Law, Semarang: Agung, 2001.
Mohamad, G., Responsibility to Oneself, (2018).
Muhammad Afif Ma'aruf, and Widhi Handoko, "Notary's Responsibility for the Transfer of Notarial Protocols Assigned to Him," Notarius 16, no. 3 (2023).
Nur Aisah, “Responsibility of Notaries After the End of Their Term of Office Regarding Deeds Made by/Before Them”, Islamic University of Indonesia, 2018.
Habib Adji, Indonesian Notary Law, Thematic Interpretation of Law No. 30 of 2004 Concerning the Position of Notary, Bandung: Rafika Aditama, 2008.
Indonesia Legal Center Publishing, Collection of Legislation on the Position of Notary & PPAT, Jakarta: Karya Gemilang, 2008.
J. H. Nieuwenhuis, Unlawful Acts: A Study of the Principles of Civil Law, Yogyakarta: Universitas Gadjah Mada Publisher, 1999.
Putri, J. I., Humans and Responsibility, (2012).
R. Subekti and Tjitrosudibio, Civil Code, Jakarta: Pradnya Paramita, 2003.
Suprapto, Legal Protection of Notaries in Providing Legal Services to the Community, Jakarta: Pradnya Paramita Publisher, 2004.
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