Juridical Review of The Existence of Notary Prohibitions on The Office of The Curator

Abstract

The purpose of this study is to determine and analyze: (1) the position of a notary as stipulated in the Law of the Republic of Indonesia on concurrent positions as curator, (2) the concurrent position of notary as regulated in Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Position. The data source used is secondary data consisting of primary and secondary legal materials. The data collection method is done by documentation, interview and literature study.

From the results of this research, it can be seen that a notary is a public official who has the authority to make authentic deeds and other authorities as intended by law. Notaries are public officials who carry out the profession in legal services to the community, in order to provide legal protection and guarantees in order to achieve legal certainty in society. A legal official is a person who carries out part of the state's public functions, particularly in the field of civil law. Notary because the law is given the authority to create an absolute means of proof, namely an authentic deed. A notary deed is an authentic deed made by or before a notary according to the form and procedure stipulated in law, the meaning of which is a deed whose contents are considered to be true. The essence of the notary's duty as a public official is to regulate in writing and authentically the legal relationship between parties who benefit from requesting the services of a notary which is basically the same as the duty of a judge who provides justice between the disputing parties. Formation for notary positions is determined based on: 1) Business activities; 2) Total population; and / or 3) The average number of deeds drawn up by and / or before a notary every month. Notaries can hold concurrent positions as PPAT within the scope of their jurisdiction, but cannot hold concurrent positions as advocates (Article 17 letter g jo. Article 17 letter e UUJN). If a notary is to be appointed as a state official, he is obliged to take leave while serving as a state official (Article 11 paragraph (1) and (2) UUJN),

 Keywords: Notary, Curator Position