Vol. 6, Issue 5 (2020)
Reconstruction of legal policies on notary as witnesses based on justice value
Author(s): Muhammad Ngazis, Sugeng Budiman, Gunarto, Widhi Handoko
Abstract: The legal policy towards notaries as witnesses and authentic deed evidence in Indonesia is not fair currently because there is a shift in evidence from authentic evidence (letters) which is deliberately shifted by law enforcers to become witness evidence only even though the legal policy for authentic evidence as Absolute evidence against law enforcers is clearly regulated in Articles 164 HIR, 284 RGB and 1866-1875 of Indonesian Civil Codes, based on this, the subject matter discussed by the author is why the legal policy towards notaries as witnesses and authentic deed evidence that they have made has not yet based on the value of justice and how is the ideal construction of legal policies against notaries as witnesses and evidence of authentic deeds they created based on the value of justice. The approach method used in this research is socio-legal with a qualitative research tradition, using the constructivism paradigm. The discussion was carried out comprehensively by using a progressive legal approach to achieving social justice. The results show that in practice it is found that a legal action or violation committed by a notary related to an authentic deed qualifies as a criminal act. In practice, it is found that a legal action or violation committed by a notary can actually be subjected to administrative or civil sanctions or code of ethics for the position of a notary public, but later withdrawn or qualifying as a criminal act committed by the notary. Criminal law schemes with civil law and state administration will not cross or overlap as there is resistance by legal experts if they are not professionally included in the criminal offense scheme. Unprofessionalism is more precisely fall in the realm of violating the professional code of ethics. Factors that hinder law enforcement are legal and law enforcement factors, the bias between criminal and civil factors, facilities and facilities for law enforcement as well as community and cultural factors, and other obstacles, namely organizational, personal, operational, and managerial barriers, reconstruction of the ideal construction of legal policies against notary as a witness and authentic deed evidence that they created based on the value of justice.