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VOL. 10, ISSUE 4 (2024)
Legal reconstruction of responsibility and legal protection for retired notaries on deeds based on justice value
Authors
Sobir Mustakim Wibowo, Gunarto, Bambang Tri Bawono
Abstract
The age limit for Notaries as stated in Article 8 of the Law on the
Position of Notaries, namely 65 years of age, is the limit for Notaries and
they are no longer able to exercise any authority over their position. deed
that he has made when he retires at the age of 65, then The Notary is still
responsible for every deed he makes even though the Notary's protocol has been
handed over or transferred to the party holding the Notary's protocol. This
means that this responsibility remains with the Notary's person even until the
notary retires. This research aims to analyze weaknesses regulation of responsibility
and legal protection for retired notaries for deeds that have been made and
analyze the reconstruction of Pancasila values for retired Notaries must
contain legal values that protect Notaries in carrying out their official
duties. This research uses a juridical-empirical approach method using primary
data and secondary data (primary, secondary, and tertiary legal materials) then
analyzed using a descriptive-analytical approach. The results of the research
show that the weakness of the legal structure consists of the majority of
Notaries not fully understanding the substance of the Law on the Position of
Notaries, the Indonesian Notary Association has not carried out optimal
socialization of the Law on the Position of Notaries, and has not intensively
carried out collaborative partners with law enforcement officials in
understanding the substance of the Law. -Notary Position Law. Weaknesses in
legal substance, unclear regulations in Article 66 of the Notary Position Law,
there is no legal protection for retired notaries. Legal culture, a culture of
society that has the ego to win for itself, a culture of society that exploits
the weaknesses of notaries, a culture of notaries while still in office that is
materialistic, a culture of notaries that has a pragmatic paradigm, several
notaries that continues to increase drastically. Reconstructing Pancasila
values for Notaries who have retired includes reconstruction Norms
regarding Article 66 paragraph (1) of the Law on the Position of Notaries so
that it becomes paragraph (1) For the judicial process, investigators, public
prosecutors, or judges with the approval of the Notary's honorary council have
the authority to: a. take a photocopy of the Deed Minutes and/or letters
attached to the Deed Minutes or Notary Protocol in the Notary's custody; and b.
summon the Notary, Full Service Notary to attend an examination relating to the
Notarial Deed or Protocol which is in the Notary's custody.
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Pages:134-139
How to cite this article:
Sobir Mustakim Wibowo, Gunarto, Bambang Tri Bawono "Legal reconstruction of responsibility and legal protection for retired notaries on deeds based on justice value". International Journal of Law, Vol 10, Issue 4, 2024, Pages 134-139
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