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International Journal of
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VOL. 9, ISSUE 1 (2023)
Responsibilities of a substitute notary under article 32 of the notary Act
Authors
Noviyanti Wahyuni Atmagara, Yanis Rinaldi, Darmawan
Abstract
Indonesian Notary Position Regulations are regulated through Law Number 2 of 2014 in conjunction with Law Number 30 of 2004 concerning the Position of Notary (abbreviated UUJN). Article 1 point 3 UUJN, Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his position as a Notary. In carrying out the duties of his position, the Substitute Notary receives the submission of the Notary Protocol from the Notary being replaced, this is regulated in Article 32 UUJN, namely:
  1. Notaries who take leave are required to submit the Notary Protocol to a Substitute Notary.
  2. Alternate Notary returns the Notary Protocol to the Notary after the leave ends.
  3. The handover as referred to in paragraph (1) and paragraph (2) shall be made into an official report and submitted to the Regional Supervisory Council.
  4. Notaries who violate the provisions referred to in paragraph (1), paragraph (2), and paragraph (3) may be subject to sanctions in the form of:
  1. written warning;
  2. temporary stop;
  3. honorable discharge; or
  4. dishonorable discharge.
The purpose of this research is to find out the responsibility of the substitute notary in holding the replaced notary protocol. The research method used is normative legal research using secondary data or by examining literature. The approach method used is the Statute Approach and the Analytical Approach. The sources of legal materials in this research are primary legal materials, secondary legal materials, and tertiary legal materials relating to the Responsibilities of Substitute Notaries Under Article 32 UUJN. The results of the study found that the Responsibilities of the Substitute Notary were born because of the authority of the delegation given to him, this authority legally and legally entered into force since the Substitute Notary took his oath of office. Based on Article 65 UUJN "Notary, Substitute Notary, and Notary Temporary Officer are responsible for each Deed made even though the Notary Protocol is submitted or transferred to the repository of the Notary Protocol." Based on this Article, Substitute Notary has the same responsibility as a Notary in making authentic deed as well as in issuing a copy of the protocol it holds. Regarding the functions possessed by a substitute Notary, there is no difference in terms of authority and responsibility as a Notary, because based on Article 33 paragraph (2) UUJN, a Substitute Notary only replaces a Notary during the Notary's absence. The limit of responsibility of a Substitute Notary can be requested as long as they are still authorized to carry out their duties and positions or mistakes made in carrying out their duties, or mistakes made in carrying out their duties and the sanctions that can be imposed on a Notary can be imposed as long as a Substitute Notary still authorized to carry out his duties. With the construction of accountability as mentioned above, there will be no Substitute Notary to be held accountable again after the person concerned has resigned from his duties and position as a Notary. or mistakes made in carrying out the duties of his office and sanctions that can be imposed on a Notary can be imposed as long as the Substitute Notary is still authorized to carry out his office duties. With the construction of accountability as mentioned above, there will be no Substitute Notary to be held accountable again after the person concerned has resigned from his duties and position as a Notary. or mistakes made in carrying out the duties of his office and sanctions that can be imposed on a Notary can be imposed as long as the Substitute Notary is still authorized to carry out his office duties. With the construction of accountability as mentioned above, there will be no Substitute Notary to be held accountable again after the person concerned has resigned from his duties and position as a Notary.
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Pages:23-27
How to cite this article:
Noviyanti Wahyuni Atmagara, Yanis Rinaldi, Darmawan "Responsibilities of a substitute notary under article 32 of the notary Act". International Journal of Law, Vol 9, Issue 1, 2023, Pages 23-27
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